The 99 Terms of Service

Elo Labs, LLC is a Colorado limited liability company based in Boulder. The 99 is our software for churches to record attendance for their groups and to notice when a member’s engagement drops. It is a brand of Elo Labs, not a separate company.

The person who sets up a church on The 99 accepts these terms on that church’s behalf. By doing so, you confirm that you are at least 18 years old and that you are authorized to enter into this agreement for your church. Leaders and members your church later invites use The 99 under this same agreement; the church remains responsible for their use.

Your church decides who goes on its rosters and what is recorded about them. You control that information; we only store and process it so that we can provide The 99 to you. In the language of privacy law, your church is the controller of member data and Elo Labs is its processor.

By using The 99, you represent and warrant that:

• you have the right to enter each person’s information into The 99, and to have us process it, including the names, contact details, dates of birth, and attendance of the people on your rosters;
• for any minor you record, you have obtained whatever consent from a parent or guardian the law and your own ministry require, and you have the right to record that parent or guardian’s contact details;
• you will not enter a child under 13, and you will not use The 99 to collect information from a child under 13;
• you will keep the free-text notes and group messages appropriate, entering only what your ministry needs and leaving out sensitive details that do not belong there;
• you will respond to your own members’ requests about their information, and let us know if you need our help to do so.

This warranty is the heart of this agreement. We rely on it because we do not choose who goes on your rosters and cannot obtain consent from people we never contact. If a claim arises because information was entered into The 99 without the right to do so, that is your responsibility, not ours.

These commitments apply to the member data your church puts into The 99:

• We process it only to provide and support The 99, and on your instructions as expressed through the product. We do not use it for our own purposes, and we do not sell it or use it for advertising.
• We use the service providers listed in our Privacy Policy to help us run The 99, under terms that protect the data. We will keep that list current.
• We keep parent and guardian contact details restricted to your church’s leaders and administrators, and take reasonable measures to protect what we hold.
• We will help you respond to a member’s request to access, correct, or delete their information, and we will return or delete your church’s data when this agreement ends, apart from anything we are required to keep.
• If a breach affects your members’ information, we will notify you without undue delay so that you can meet your own obligations.

A separate data processing addendum covering this arrangement is available on request at support@the-99.co. Where a signed addendum is in place, it governs the handling of member data if it differs from this section.

Use The 99 only for your church’s legitimate ministry. Do not use it to store information you have no right to hold, to harass or harm anyone, to break the law, or to attempt to access other churches’ data or interfere with the service. You are responsible for keeping your account credentials secure and for activity under your accounts.

Paid plans are billed through Stripe on the cycle you choose when you subscribe. Fees are charged in advance and are not refundable except where the law requires. If a payment fails or a subscription lapses, we may limit or suspend access to paid features. We will give notice before a change to the price of your plan.

We work to keep The 99 available and reliable, but we provide it “as is” and do not promise it will be uninterrupted or error-free. To the extent the law allows, we disclaim implied warranties such as merchantability and fitness for a particular purpose. The 99 is a tool to support your ministry; it is not a substitute for your own pastoral judgment or your own care of the people in your church.

To the extent the law allows, neither party is liable for indirect, incidental, or consequential damages arising from The 99. Our total liability under this agreement is limited to the amount you paid us for The 99 in the twelve months before the claim. Nothing here limits liability that cannot be limited by law. This limit does not reduce your responsibility under the warranty above for information entered without the right to do so.

You can stop using The 99 and close your church’s account at any time. We may suspend or end access if these terms are breached, if required by law, or if we stop offering the service, and we will give reasonable notice where we can. When the agreement ends, the sections that by their nature should continue, including the data warranty and the limits above, remain in effect.

If we change these terms, we will post the revision here and update the date above. For a significant change, we will give notice through the product or by email before it takes effect. Continuing to use The 99 after a change means you accept the revised terms.

These terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Colorado, and both parties consent to that jurisdiction.

Questions about these terms, or to request the data processing addendum: support@the-99.co.