Terms of Service

These Terms of Service (the "Terms") govern access to and use of the RedSky website, the RedSky Protection Portal, and any other RedSky online service that links to these Terms (collectively, the "Services").

These Terms are intended as interim portal terms and may later be superseded by a master services agreement, order form, rate form, or other written agreement between RedSky and a Client.

1. Acceptance and Authority

By selecting an acceptance box or button, creating an account, accessing the Services, or using the Services, the person accepting these Terms agrees to be bound by them and represents that the person is at least 18 years old and has authority to bind the church, ministry, school, nonprofit organization, business, or other organization for which the person acts (the "Client").

If the person does not have that authority or does not agree to these Terms, the person may not access or use the Services.

If RedSky and the Client have entered into a separate written agreement that governs a Service, that agreement controls to the extent of a conflict with these Terms.

2. The Services

RedSky provides safety technology, training, consulting, administrative, scheduling, registry, and related services for churches, faith-based schools, ministries, and other authorized organizations.

The Services may allow authorized Client administrators to manage a safety program, maintain organizational records, access training and policy materials, schedule personnel, view registry matches, request or coordinate background screening, and obtain related services.

Some features may be offered through third parties, may require a separate agreement, or may be subject to additional service-specific terms.

RedSky may improve, update, replace, suspend, or discontinue a feature when reasonably necessary for security, legal compliance, maintenance, vendor changes, or business operations.

3. Accounts and Authorized Users

Portal accounts are limited to Client administrators and other authorized users who are at least 18 years old and are located in the United States.

The Client must provide accurate account information, keep that information current, designate only appropriate users, and promptly remove access when a user is no longer authorized.

Each user must keep login credentials confidential, use a unique account, and promptly notify RedSky of suspected unauthorized access, credential compromise, or other security incident.

The Client is responsible for activity conducted through its accounts and for configuring roles and permissions so that sensitive information is available only to personnel with a legitimate need to know.

4. Permitted Use

The Client may use the Services only for its internal safety, security, training, screening, benevolence, scheduling, and administrative purposes, in accordance with these Terms, any applicable order form or service agreement, and applicable law.

The Client remains responsible for its policies, decisions, personnel, premises, programs, and use of information obtained through the Services.

The Services are not offered for personal, family, or household use and may not be used outside the United States unless RedSky has authorized that use in writing.

5. Prohibited Use

The Client and its users may not use the Services to violate any law, regulation, court order, contractual duty, privacy right, intellectual-property right, or other legal right.

The Client and its users may not obtain or use a consumer report without a lawful permissible purpose; use screening or registry information for a purpose outside authorized church-safety, personnel, volunteer, or other legally permissible activities; resell, redistribute, or disclose screening or registry data except as authorized by law and the applicable service agreement; share login credentials; scrape, harvest, or bulk-extract data; reverse engineer, decompile, disassemble, probe, or attempt to access source code; circumvent access controls or security measures; introduce malware or harmful code; interfere with system operation; impersonate another person; submit false or misleading information; use the Services to harass, threaten, discriminate against, shame, surveil, or target a person unlawfully; or permit an unauthorized person to access the Services or sensitive information.

The Client may not use a person’s protected characteristic as the basis for a registry entry or adverse decision unless the use is lawful and directly relevant to a documented purpose permitted by law.

6. Background Screening and Consumer Reports

Background screening available through the Services is performed through Armstrong Investigation Services LLC d/b/a AIS Backgrounds ("AIS Backgrounds") and its screening providers.

The RedSky portal may direct a Client user to the AIS Backgrounds platform to initiate a screening request or receive screening information, and the AIS Backgrounds platform may be governed by separate terms, notices, authorizations, and procedures.

Before requesting or using a consumer report, the Client must identify and certify a permissible purpose, provide all disclosures required by law, obtain every required authorization, use the report only for the certified purpose, maintain required confidentiality, and follow all pre-adverse-action, adverse-action, dispute, retention, and disposal requirements applicable to the Client.

The Client may not treat these Terms, account creation, or general portal consent as the authorization of any individual who is the subject of a background check.

The Client is solely responsible for employment, volunteer, access, placement, eligibility, and other decisions made by the Client, including decisions informed by a consumer report.

A dispute concerning the accuracy or completeness of a consumer report must be directed to the consumer reporting agency identified in the report or related notice.

7. Registry, Benevolence, and Safety Information

The Client is responsible for the accuracy, lawfulness, relevance, and appropriate use of every persons-of-interest entry, benevolence record, incident record, photograph, document, note, or other safety-related item submitted by or for the Client.

The Client must maintain a legitimate safety, benevolence, or administrative purpose for such information, limit access to authorized personnel, avoid unnecessary or excessive information, and correct or remove information when appropriate.

RedSky does not independently verify every Client submission or registry entry and does not make the Client’s safety, employment, volunteer, benevolence, or access decisions.

8. Fees, Billing, and Taxes

Fees may include monthly or annual subscription charges, per-search background-screening charges, training or assessment charges, consulting fees, and charges for other requested services.

The amount, billing cycle, and payment method for a Service will be shown in the applicable order form, rate form, invoice, checkout page, or other written pricing communication.

The Client authorizes RedSky and its payment processor to charge an approved credit card or automated-clearing-house account for recurring subscription fees and other authorized charges, or agrees to pay invoices by the stated due date.

The Client is responsible for applicable sales, use, and similar taxes, excluding taxes based on RedSky’s net income, and for maintaining accurate billing and payment information.

RedSky may suspend access for overdue amounts after providing reasonable notice, and the Client remains responsible for fees incurred before suspension or termination.

9. Subscription Renewal and Cancellation

Monthly and annual subscriptions automatically renew for successive periods matching the selected billing cycle unless the Client gives RedSky written notice of cancellation at least 30 days before the applicable renewal date.

RedSky does not presently offer a free trial unless a separate written offer expressly states otherwise.

A cancellation stops renewal but does not shorten the current paid subscription term, excuse accrued charges, or create a refund except as expressly stated in these Terms or another written agreement.

The Client may send a cancellation notice to info@redskyprotection.com and should identify the Client organization, account administrator, and Service to be cancelled.

10. Refunds

Subscription fees are nonrefundable.

Per-search fees are nonrefundable once a screening or search has been initiated.

Fees for a scheduled in-person training, assessment, or other scheduled service are refundable if the Client cancels that service at least five calendar days before the scheduled date, unless a separate written agreement states otherwise.

Payment-processor delays, bank processing times, and amounts already committed to a third-party provider may affect the timing or amount of an approved refund.

11. Client Data and User-Submitted Content

"Client Data" means data, records, documents, images, messages, safety information, staff or volunteer information, benevolence information, and other content submitted to or processed through the Services by or for the Client.

As between RedSky and the Client, the Client retains its rights in Client Data.

The Client grants RedSky and its service providers a limited, nonexclusive right to host, copy, transmit, display, process, and otherwise use Client Data only as reasonably necessary to provide, secure, support, improve, and administer the Services; comply with law; enforce applicable agreements; and prevent or respond to misuse, fraud, or security incidents.

The Client represents that it has the authority and lawful basis to submit and instruct RedSky to process Client Data, has provided required notices, and has obtained required permissions, authorizations, and consents.

The Client must not submit information that is unlawful, unnecessary for the authorized purpose, or prohibited by an applicable service-specific instruction.

RedSky may remove, restrict, preserve, or disclose Client Data when reasonably necessary to enforce these Terms, protect the Services or a person, respond to lawful process, or comply with law.

12. Privacy and Security

RedSky processes personal data as described in its Privacy Policy, available at https://www.redskyprotection.com/.

The Privacy Policy is incorporated into these Terms by reference, but acceptance of the Privacy Policy or these Terms is not a substitute for a separate consent or authorization required by law.

RedSky maintains reasonable administrative, technical, and physical safeguards appropriate to the Services and the information processed.

No system is completely secure, and the Client must use reasonable security practices, restrict access, maintain secure devices and networks, and promptly report suspected incidents.

13. RedSky Intellectual Property

RedSky and its licensors retain all rights in the Services and related software, interfaces, designs, documentation, training videos and courses, policy templates, written materials, methodologies, trademarks, logos, and other intellectual property (collectively, "RedSky Materials").

Subject to these Terms and payment of applicable fees, RedSky grants the Client a limited, revocable, nonexclusive, nontransferable, nonsublicensable right during the applicable subscription term to access and use the RedSky Materials solely for the Client’s authorized internal purposes.

The Client may not copy, modify, publish, distribute, sell, sublicense, create derivative works from, or use the RedSky Materials outside the authorized scope without RedSky’s prior written consent.

If the Client provides feedback or suggestions about the Services, RedSky may use them without restriction or compensation, provided RedSky does not publicly identify the Client as the source without permission.

14. Third-Party Services

The Services may depend on or link to third-party hosting, platform, authentication, payment, screening, communications, analytics, or other providers, including AIS Backgrounds and its screening vendors.

Third-party services may be governed by their own terms and privacy notices, and RedSky is not responsible for a third party’s independent acts or omissions except to the extent RedSky has expressly agreed otherwise in writing or applicable law provides otherwise.

RedSky may replace a provider or integration when reasonably necessary, provided RedSky uses commercially reasonable efforts to avoid material disruption.

15. No Professional Advice; Client Responsibility

The Services and RedSky Materials are provided for informational, administrative, training, and operational support and do not constitute legal, tax, theological, employment, mental-health, law-enforcement, or other licensed professional advice.

The Client must obtain its own professional advice concerning its obligations, policies, personnel decisions, use of consumer reports, child-protection practices, privacy compliance, and safety program.

The Client retains control of and responsibility for its premises, people, procedures, emergency response, safety decisions, and implementation of any recommendation.

16. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND REDSKY MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND REDSKY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED IN A SEPARATE WRITTEN AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

REDSKY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR COMPLETELY SECURE; THAT EVERY RECORD OR THIRD-PARTY SOURCE WILL BE COMPLETE OR ACCURATE; OR THAT THE SERVICES WILL PREVENT A SECURITY INCIDENT, CRIMINAL ACT, LOSS, INJURY, OR HARM.

SCREENING RESULTS, REGISTRY INFORMATION, TRAINING, ASSESSMENTS, AND SAFETY TOOLS ARE RISK-MITIGATION RESOURCES BASED ON INFORMATION AVAILABLE AT A POINT IN TIME AND DO NOT GUARANTEE FUTURE CONDUCT OR ANY PARTICULAR OUTCOME.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, REDSKY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, REDSKY’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE FEES THE CLIENT PAID TO REDSKY FOR THE AFFECTED SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100 IF THE CLIENT PAID NO FEES FOR THAT SERVICE.

These limitations do not apply to liability that cannot lawfully be excluded or limited, and they do not waive a right or remedy that applicable law makes nonwaivable.

18. Indemnification

The Client will defend, indemnify, and hold harmless RedSky and its affiliates, officers, directors, employees, agents, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising from or relating to Client Data; the Client’s or a user’s violation of these Terms or law; the Client’s lack of authority, permissible purpose, disclosure, authorization, consent, or other required legal basis; the Client’s employment, volunteer, access, benevolence, safety, or other decision; or misuse of screening, registry, or other information.

RedSky will provide reasonable notice of a covered claim and may participate in the defense with counsel of its choice.

The Client may not settle a claim in a manner that admits fault by or imposes a nonmonetary obligation on RedSky without RedSky’s prior written consent.

19. Suspension and Termination

RedSky may suspend or terminate access when the Client or a user fails to pay amounts due; violates these Terms, a service-specific agreement, or applicable law; lacks or misrepresents a permissible purpose for a consumer report; threatens the security or integrity of the Services; creates material risk to RedSky, another client, a service provider, or another person; or uses the Services in a manner reasonably likely to cause harm.

When reasonably practicable, RedSky will provide notice and an opportunity to cure before suspension or termination, but RedSky may act immediately when necessary to address a security issue, unlawful conduct, misuse of sensitive information, or material risk.

Upon termination, the Client must stop using the Services and RedSky Materials and pay accrued fees.

Upon a written request made within 30 days after termination, RedSky will use commercially reasonable efforts to make available an export of Client Data in a commonly used electronic format, subject to applicable law, third-party platform limitations, and any different written agreement.

Provisions concerning fees, ownership, confidentiality, disclaimers, liability, indemnification, dispute resolution, and other terms that by their nature should survive will survive termination.

20. Changes to These Terms

RedSky may update these Terms to reflect changes in the Services, vendors, security practices, business operations, or applicable law.

RedSky will post the revised Terms, update the effective date, and provide any additional notice or obtain any consent required by law or a separate written agreement.

A material change will apply prospectively, and continued use after the stated effective date constitutes acceptance only to the extent permitted by law.

21. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles.

Any action arising from or relating to these Terms or the Services must be brought in a state court of competent jurisdiction in Harris County, Texas, or in the United States District Court serving Harris County, Texas, and each party consents to personal jurisdiction and venue in those courts.

Before filing suit, the parties will attempt in good faith to resolve the dispute through written notice and direct discussion, except when immediate relief is reasonably necessary to protect confidential information, intellectual property, safety, or system security.

22. General Terms

The Client may not assign or transfer these Terms or an account without RedSky’s prior written consent, except in connection with a permitted merger, reorganization, or sale of substantially all of the Client’s assets if the successor agrees in writing to be bound.

RedSky may assign these Terms in connection with a merger, financing, reorganization, sale of assets, or transfer of the applicable business or Service.

Neither party is liable for delay or failure caused by events beyond its reasonable control, except that this provision does not excuse payment obligations for Services already provided.

If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective.

Failure to enforce a provision is not a waiver.

Headings are for convenience and do not limit these Terms.

These Terms, together with the Privacy Policy and any applicable order form, rate form, service-specific agreement, or separately signed agreement, constitute the agreement governing the applicable Services, subject to the order-of-precedence rule stated above.

Electronic acceptance, records, notices, and signatures may be used to the extent permitted by law.

23. Contact Information

Questions, notices, security reports, or cancellation requests may be sent to RedSky Strategic Protection Group at info@redskyprotection.com, through https://www.redskyprotection.com/#contact, or by telephone at 832-789-1819.