Terms of Service
These terms are the agreement between you and CertDuty for using the CertDuty website, web app and iPhone app (together, “CertDuty”). By creating an account or using CertDuty, you agree to them. If you use CertDuty for a business, you agree on that business’s behalf.
CertDuty is in a testing period. While we test, CertDuty is free, plans cannot be bought and no online payments are taken. Features may change or stop working without notice. When testing ends, test accounts and everything in them will be deleted or reset before CertDuty launches in production. Do not rely on a test account as your only record of anything.
1. What CertDuty is, and isn’t
CertDuty is software that helps instructors run classes: listing and registration, waivers, rosters, check-in, scoring and certificates. CertDuty does not provide training, does not teach or supervise any class, does not certify or license anyone, and does not check that an instructor is qualified. Agreements about a class are between the instructor and the student; CertDuty is not a party to them.
License lookups, such as checks against California’s public BSIS records, are a convenience drawn from public data that can be incomplete, out of date or wrong. They are not a determination that anyone is or is not licensed. Instructors remain responsible for confirming a student’s credentials themselves.
2. Accounts
- You must be at least 18 to create an instructor account.
- Give accurate information and keep it up to date.
- Keep your sign-in secure. You are responsible for activity in your account, including by team members you add.
- Tell us promptly at [email protected] if you think your account has been used without permission.
3. Instructor responsibilities
If you run classes on CertDuty, you are responsible for:
- Following the laws and rules that apply to your training, including those of the California Bureau of Security and Investigative Services, the California Department of Justice, other regulators, and the ranges and venues you use.
- The safety of your classes and everyone at them.
- The accuracy of your courses, class details, scores and the certificates you issue.
- The content of your waivers, registration questions and policies. CertDuty provides tools and examples, not legal advice; have your own documents reviewed.
- Your refund, cancellation and rescheduling policies, and honoring them with your students.
- Having the right to collect and use the information you gather from students, telling them how you use it, and handling it lawfully.
4. Students
When you register for a class through CertDuty, you are registering with the instructor, and the instructor’s policies apply. Questions about a class, a refund or a certificate go to the instructor first. You may only register yourself, or someone you are authorized to register.
5. Fees and payments
Plans, prices and any fee on online registrations are shown before you agree to pay them. There are none during the testing period. When payments are available, student card payments are processed by Stripe and are also subject to Stripe’s terms; instructors receive payouts through their own connected Stripe account. You are responsible for any taxes that apply to what you sell.
6. Acceptable use
Do not use CertDuty to:
- Break the law, or help anyone else break it.
- Issue a certificate for training that did not take place, or misrepresent a score, a credential or a qualification.
- Impersonate a person or business, or register someone without their permission.
- Send spam, or upload anything harmful, such as malware.
- Probe, test or get around CertDuty’s security, or access accounts or data that are not yours.
- Copy or scrape CertDuty, or use it to build a competing product.
7. Your content and data
You own the information and content you put into CertDuty. You give us permission to host, process and display it as needed to run CertDuty for you and the people you serve. We may use aggregated or de-identified information that does not identify you or your students to operate and improve CertDuty. Our Privacy Policy explains how we handle personal information.
8. Our software
CertDuty, including its software, design and branding, belongs to us and is protected by law. We give you a limited, non-transferable right to use it under these terms. If you send us feedback, we may use it without any obligation to you.
9. Website embeds
If your account includes website embeds, you may place CertDuty’s class listings on your own website using the code we provide. Embeds include a “Classes Powered By CertDuty” notice that must not be removed, hidden or altered. We may change or disable embeds at any time.
10. Suspension and ending your account
You can stop using CertDuty and delete your account at any time. We may suspend or close an account that breaks these terms, creates risk for others, or must be closed by law. Where we reasonably can, we will tell you first and give you a chance to export your records. During the testing period, accounts will be deleted or reset when testing ends.
11. Disclaimers
CertDuty is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that CertDuty will be uninterrupted or error-free, that license lookups or other information will be accurate, or that using CertDuty will satisfy any regulator’s requirements.
12. Limitation of liability
To the fullest extent the law allows, CertDuty will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim relating to CertDuty is limited to the greater of the amount you paid us in the 12 months before the claim and $100. Some places do not allow these limits, so they may not all apply to you.
13. Indemnity
If you are an instructor, you will defend and indemnify CertDuty against claims arising from your classes, your content, your dealings with your students, or your breach of these terms or the law.
14. Governing law
These terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Disputes will be heard in the state or federal courts located in Sonoma County, California, and you and CertDuty consent to their jurisdiction.
15. Changes to these terms
We may update these terms. We will post the new version here with a new effective date and, for significant changes, tell instructors by email or in the app. Continuing to use CertDuty after a change takes effect means you accept the updated terms.
16. Contact us
CertDuty, Santa Rosa, California
Email: [email protected]