Welcome to Bytecurve’s BusAlert mobile application for providing school bus alerts, messaging, and associated services to parents (the “Parent App”). 

These Terms of Use (“Terms”) govern your use of the Parent App. By accessing the Parent App, you agree to these Terms. If you do not agree to these Terms (in whole or in part), discontinue use of the Parent App and remove the Parent App from all your mobile devices. Bytecurve reserves the right to periodically modify these Terms, so we encourage you to check them from time to time. Your continued use of the Parent App signifies your acceptance of the Terms, as modified. 

 

PLEASE DO NOT ATTEMPT TO USE THE PARENT APP
 OR YOUR MOBILE DEVICE WHILE DRIVING.

DEFINITIONS

  • “Bytecurve” means Bytecurve Holdings, LLC, a Delaware limited liability company, direct or indirect owner of all intellectual property rights in the Parent App and through its contract with the Customer (defined below) provides you access and use of the Parent App.
  • “Content” means all logos, trademarks, buttons, icons, images, pictures, graphics, and all other content used in connection with the Parent App.
  • “Customer” means the School (defined below), school bus operator, transit authority, or other entity that provides your Student (defined below) with transportation services and which has subscribed to the Parent App pursuant to its direct contract with Bytecurve.
  • “Device” means the mobile device, tablet, or such other device on which you download and access the Parent App and/or receive push notifications.
  • "Data" means all data generated from use of the Parent App.
  • "School" means the school or school district associated with your Student.
  • "School Bus" means a School's bus equipped with telematics hardware.
  • "Student" means a student who attends the School and is associated with your account.
  • "Subscriber" or "you(r)" means the individual who has downloaded, registered for, and/or uses the Parent App.


ABOUT THE PARENT APP

Schools use the Parent App’s back-end portal to communicate bus changes, delays, or breakdowns; and Subscribers, including parents, legal guardians, and authorized caregivers, use the Parent App to see where their respective Student’s bus is located and to create zones, customize alerts, and share access with other authorized Subscribers.

YOU ARE RESPONSIBLE FOR ANY DATA COSTS THAT MAY BE CHARGED BY YOUR WIRELESS DATA PROVIDER TO ACCESS AND USE THE PARENT APP FROM YOUR DEVICE.


REGISTRATION AND ACCEPTANCE

You represent and warrant that you (1) are the Student or the parent, legal guardian, or authorized caregiver of the Student that you identify in your account registration or associate to your account; (2) have the right to access Data associated with such Student; and (3) will terminate your subscription immediately if any of the foregoing cease to be true. 

You must have the Student name, Student identification information, and the unique access code associated with the School to register as a Subscriber. If the School informs Bytecurve that an individual with a subscription to the Parent App is not the Student or the parent, legal guardian, or authorized caregiver of the Student, or otherwise ceases to have the right to access the Student’s data, we may automatically, with or without notice to the individual, terminate the individual's subscription to the Parent App. You agree that we shall have no liability based on the School's updates or failure to provide updates or on any subscription termination as described above.


ALLOWABLE USE

You agree that your use of the Parent App is for lawful purposes only. You agree that you will not use the Parent App for any unlawful purpose, including committing a criminal offense. 


YOUR OBLIGATIONS

You must immediately notify Bytecurve of any actual or suspected unauthorized use of the Parent App or access to your account, usernames, or passwords, or of any breach or suspected breach of these Terms. Bytecurve reserves the right to terminate and disable any account, username, or password that Bytecurve reasonably determines has or may have been compromised, misused by you, used by any unauthorized third party, or otherwise used in violation of these Terms.

You will ensure that your use of the Parent App complies with all applicable laws, statutes, regulations, and rules. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.


INTELLECTUAL PROPERTY

Subject to these Terms, Bytecurve grants you a non-sublicensable, non-transferable, non-exclusive license to install and use the Parent App in compliance with these Terms, in executable object code format only. Nothing contained herein or any other document or agreement related to the Parent App shall by express grant, implication, estoppel, or otherwise create or grant you any right, title, interest, or license in the Parent App, the Data or the Content; or to the inventions, patents, data, computer software, or software documentation associated with any of them. All trademarks, service marks, and trade names referenced by or incorporated in the Parent App and/or Content are owned by or licensed to us, and you obtain no rights therein by virtue of your use of the Parent App or Content. You covenant and agree not to assert any rights in the Parent App, Content, or in any trademarks used by us in connection with any of them. The trademarks used by us, the Content and the Parent App and related software and inventions are protected by United States trademark, copyright, and/or state, common or other laws.


CONFIDENTIALITY

You should not provide third parties with access to any software and non-public information regarding Bytecurve, the Parent App or any other confidential information that we provide or you may have access to, without our prior written consent. 


ACCURACY AND AVAILABILITY

Please keep in mind that the Data provided through the Parent App may not be accurate, complete, or error free. Bytecurve does not guarantee the Parent App will be available for your use at all or any times.  Bytecurve may interrupt or discontinue the Parent App without any notice to you.

The ability of the Parent App to provide accurate and timely information is dependent upon a number of factors, including without limitation, wireless network connectivity, the proper functioning of the Customer’s hardware installed in the School Bus, and any delays, connectivity issues or other interruptions in mobile or internet service. Accordingly, the Parent App should not be relied upon to confirm whether or not, where, and/or when the Student has entered or exited a School Bus.


DISCLAIMER

THE PARENT APP SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR FOR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THE PARENT APP COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. THE PARENT APP IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES.

THE PARENT APP IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE PARENT APP, AND WE EXPRESSLY DISCLAIM ANY WARRANTY AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR SUFFICIENCY OF THE PARENT APP, THE DATA UPON WHICH IT RELIES, OR THE CONTENT. WE MAKE NO WARRANTY THAT THE PARENT APP WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR OTHERWISE MEET YOUR EXPECTATIONS. WE ALSO EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE PARENT APP, INCLUDING WITHOUT LIMITATION, THAT THE PARENT APP MAY PROVIDE INCORRECT INFORMATION AND ANY MATERIAL DOWNLOADED FROM THE PARENT APP MAY CAUSE LOSS OF DATA OR DAMAGE TO YOUR DEVICE.


LIMITATION OF REMEDIES AND DAMAGES

YOU agree that Bytecurve will not be liable to you, and you release BYTECURVE from any claims arising from any misuse, wrongful access, interruption, discontinuance, termination of the Parent App and/or your breach of these Terms 

IN NO EVENT SHALL BYTECURVE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, GOODWILL, PROFITS, INVESTMENTS, USE OF MONEY OR USE OF FACILITIES; INTERRUPTION IN USE OR AVAILABILITY OF DATA; AND/OR STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), EVEN IF BYTECURVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF (a) THE AVAILABILITY, ACCURACY OR PERFORMANCE OR NON-PERFORMANCE OF THE PARENT APP, OR (b) ANY CLAIM, CAUSE OF ACTION, BREACH OF CONTRACT OR ANY EXPRESS OR IMPLIED WARRANTY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT. BYTECURVE’S AGGREGATE LIABILITY RELATED TO YOUR USE OF THE PARENT APP SHALL NOT, IN ANY EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE FEES PAID BY CUSTOMER DIRECTLY TO US FOR THE PROVISION OF THE PARENT APP TO THE SCHOOL IN THE PRIOR THIRTY (30) DAYS, IF ANY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER BYTECURVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


EXPIRATION OF CLAIMS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Parent App or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.


INDEMNIFICATION

You agree to defend, indemnify and hold Bytecurve (including our employees, contractors, officers, directors, shareholders, members, owners, affiliates, agents, representatives, successors and assigns) harmless from and against any claim, cause of action, demand, cost, expense (including attorneys’ fees), loss, suit, proceeding, damage, and/or liability of any kind arising out of or in connection with any unauthorized use of the Parent App by you or caused by you, your violation of these Terms, or your violation of applicable law or regulation.


NOTICE

Any notice required or permitted under these Terms shall be in writing. If to Bytecurve, notice will be delivered by means evidenced by a written confirmation to support@bytecurve.com and will be effective only upon receipt. Notice to you may be delivered to the email address you provide with your user account information. You are responsible for providing Bytecurve with your most current e-mail address. In the event that the last e-mail address that you provided is not valid, or for any reason is not capable of delivering to you the notice described above, Bytecurve’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.


COMPLIANCE

Bytecurve will determine your compliance with the Terms and the Privacy Policy (linked below) in our sole discretion, and our decision shall be final and binding. Any violation of the Terms or the Privacy Policy may result in restrictions on your access to all or part of the Parent App and may be referred to law enforcement authorities. Bytecurve reserves the right to modify or discontinue the Parent App or any portion thereof without notice to you or any third party. Bytecurve, in its sole discretion, reserves the right to disqualify and terminate access or use of any individual found to be (a) tampering with the operation of the Parent App or (b) acting in violation of the Terms or the Privacy Policy.


LINKS

When you click on a link or otherwise exit the Parent App and are navigated to any other website, mobile app or other Internet location, you will leave the Parent App. Bytecurve has no control over, does not review, and cannot be responsible for, these outside links, websites, mobile apps or other Internet locations. These Terms do not apply to these links, websites, mobile apps or other Internet locations, or to any collection of data after you exit the Parent App.  If you decide to access any third-party links, websites, mobile apps or other Internet locations outside of the Parent App, you do so at your own risk.


USE OF DATA

Bytecurve provides the Parent App to the Customer as its “service provider”, as defined in the California Consumer Privacy Act of 2018 (“CCPA”). Bytecurve may use, disclose, and process Parent App Data only for the purpose of performing services related to the Parent App as provided in the contract between Bytecurve and the Customer and for no other purpose.  To perform these services, Bytecurve may provide Data to third parties including: our parent company and/or group affiliates or to other relevant third-party service providers assisting in the provision of the Parent App (collectively, "Other Parties"). Additionally, Bytecurve may use this Data to improve our products or to provide services or technologies to the Customer or you. 

Without limiting the foregoing, Bytecurve is prohibited from: (i) using, disclosing, or processing your personal information for our own purposes, including but not limited to our own marketing purposes or for commercial exploitation (such as selling, renting, or leasing), unless otherwise directed by you or as otherwise authorized by law; (ii) retaining, using, or disclosing your personal information for any purpose other than the purpose of providing the services related to the Parent App or as otherwise authorized by law; (iii) retaining, using, or disclosing your personal information outside of the direct business relationship between Bytecurve and the Customer for the provision of the Parent App specified herein, except at the direction of the Customer, your direction, or as otherwise authorized by law; or (iv) “sell” your personal information, as the term “sell” is defined in the CCPA.  For purposes of these Terms, “personal information” shall include information relating, directly or indirectly, to an identified or identifiable natural person or household.

You agree that we may collect and use technical data and related information, including but not limited to, technical information about your Device, system and application software, and peripherals, that are gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Parent App.

You understand that Bytecurve and Other Parties may be required by law to disclose information regarding your use of the Parent App, and if required by law, we and Other Parties will comply with such requests.


PRIVACY

Please review our current Privacy Policy.


NO ASSIGNMENT

You may not transfer nor assign, directly or indirectly, all or part of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time and without prior notice to you. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their respective successors and assigns.


TERM AND TERMINATION

You are bound by, and these Terms are effective, for the duration of your use of the Parent App and thereafter, in respect of any covenants, agreements or representations and warranties that by their nature extend beyond such time. Bytecurve may modify, supplement or terminate these Terms at any time. Your rights under these Terms will terminate automatically without notice if you fail to comply with these Terms or upon termination of our contract with, or at the direction of, the Customer. Upon termination of these Terms, you shall cease all use of the Parent App, and disable and destroy all copies, full or partial, of the Parent App. You understand that if you do not remove the Parent App from your Device that Data may continue to be collected by your Device, and Bytecurve is under no obligation to keep, maintain, transmit, safeguard, store, or notify you of any collection done by your Device after the termination of these Terms.


ENTIRE AGREEMENT AND NON-WAIVER

We provide the Parent App subject to the terms of our contractual relationship with the Customer, which terms are incorporated by reference into these Terms, to the extent that such terms do not conflict with the Terms. These Terms, including the Privacy Policy, and all materials incorporated by reference herein, constitute the entire agreement between you and Bytecurve with respect to the subject matter hereof, and supersedes all prior or contemporaneous written, electronic or oral communications, representations, agreements or understandings between you and Bytecurve with respect thereto.  

Our failure to exercise in any respect any right provided for herein will not be deemed a waiver of any provision of these Terms or of any subsequent breach of the same, and no waiver of any provision of these Terms will be effective unless made in writing. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.


ARBITRATION

All controversies, disputes, demands, counts, claims, or causes of action between you and Bytecurve, including disputes arising out of, under, or related in any way to these Terms or your use of the Parent App, shall exclusively be settled through binding arbitration, to be governed by the AAA's Commercial Arbitration Rules.


CHOICE OF LAW

These Terms are governed by and construed in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

These Terms are Effective as of March 31, 2025.