PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING SUBBEY.COM OR THE SUBBEY MOBILE APPLICATION.

This public website (www.subbey.com) and the Subbey mobile application (collectively, the “Site” or “App”) are operated by Subbey, Inc. (“Subbey,” “we,” “us,” or “our”). References to “you,” “your,” or “User” in these Terms of Use are referring to end users of the Site or App, which may include substitute teachers, school administrators, principals, teachers, or other staff members accessing the platform. References to “Customer” in these Terms of Use refer to the school, school district, educational institution, or other organization that has contracted with Subbey to use our services.

By using this Site or App, you agree to comply with and be bound by these Terms of Use and our Privacy Policy. If you do not agree, you should not access or use Subbey.

Interpretation and Definitions

Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by You on any electronic device, named Subbey.
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Country refers to: Tennessee, United States.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Subbey Inc., 4113 Idaho Ave, Nashville TN 37209.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Service refers to the Application.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

DMCA Compliance

If you believe your copyrighted work has been infringed on Subbey, you may send a notice to:

DMCA Agent
Subbey, Inc.
386 Blackman Rd
Nashville, Tennessee 37211
Email: shea.mcgee@subbey.com

Your notice must include the information required by 17 U.S.C. §512.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity not lawfully available for use, a name or trademark subject to rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

User Responsibility for Content

Customers and their users are solely responsible for any information, data, or content they input into the Service. Subbey does not guarantee the accuracy, legality, or appropriateness of such content, and Subbey shall not be liable for such content or its use. We reserve the right, in our sole discretion, to remove or restrict any content that we reasonably believe violates these Terms, applicable law, or is otherwise harmful, unlawful, or disruptive.

Intellectual Property

The Service and its original content (excluding content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.

We also reserve the right, at our sole discretion, to suspend or terminate access to the Service if we reasonably believe that your conduct is harmful, unlawful, or disruptive, or for nonpayment.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, business interruption, personal injury, or loss of privacy) arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with these Terms, even if the Company or any supplier has been advised of the possibility of such damages.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will meet Your requirements, achieve intended results, operate without interruption, meet performance standards, or be error free.

Indemnification

You agree to indemnify and hold harmless Subbey Inc. and its affiliates from any claims, damages, liabilities, costs, or expenses arising out of or related to your use of the Service, including but not limited to any violation of these Terms or applicable law.

Governing Law

The laws of the State of Tennessee, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution

Any disputes arising under these Terms shall be resolved by binding arbitration in Nashville, Tennessee, under the rules of the American Arbitration Association. By agreeing to these Terms, you waive any right to a trial by jury or to participate in a class action lawsuit.

Severability and Waiver

If any provision of these Terms is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish its objectives to the greatest extent possible, and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: shea.mcgee@subbey.com
By mail: Subbey Inc., 13157 Ludlow Avenue
Huntington Woods, MI 48070

By phone: 267-408-0151

Last updated: September 23, 2025