Oyster Integrated Services, Inc

These Terms of Service (“Terms”) govern access to and use of the websites, applications, products, programs, and services owned or operated by Oysterbay Integrated Services, Inc. (“Oysterbay,” “we,” “us,” or “our”), including LearnBApp, PLEYSMART, learnbapp.com, pleysmart.org, and their associated websites, applications, and services collectively, the “Services”).

PLEYSMART and LearnBApp are products operated by Oysterbay Integrated Services, Inc.

By accessing or using the Services, creating an account, participating in a fundraiser, making a payment or contribution, or otherwise indicating your acceptance of these Terms, you agree to be bound by them. If you do not agree, do not access or use the Services.

Certain programs or products may be governed by additional enrollment agreements, campaign rules, payment terms, or policies. If additional terms conflict with these Terms, the additional terms will control only with respect to the applicable program or service.
 

1. Eligibility and Minors

You must be legally capable of entering into a binding agreement to use the Services independently.

If you are under 18 years of age, you may use the Services only with the knowledge and permission of your parent or legal guardian. Your parent or legal guardian is responsible for reviewing these Terms and supervising your use of the Services.

The Services are not directed to children under 13. Individuals under 13 may not create an account or provide personal information through the Services unless Oysterbay has established a specific legally compliant program that includes any required parental notice and verifiable parental consent.

Parents and legal guardians are responsible for the activities of minors they authorize to use the Services.
 

2. Accounts and Registration

You agree to provide accurate, current, and complete information when creating or using an account. You must keep your account information updated.

You are responsible for:

• Maintaining the confidentiality of your login credentials.

• Activities conducted through your account.

• Promptly notifying Oysterbay of suspected unauthorized access.

• Ensuring that information submitted through your account is accurate and lawful.

You may not impersonate another person, create an account using false information, or allow another person to use your account in a manner that violates these Terms.

Oysterbay may require identity, parental, school, organizational, payment, or other verification before enabling certain features.
 

3. PLEYSMART

PLEYSMART is a student participation, volunteering, team-development, educational, and fundraising platform operated by Oysterbay.

PLEYSMART may allow eligible users to:

• Create or join teams, units, programs, or campaigns.

• Participate in fundraising activities.

• Invite eligible individuals to participate.

• Track participation, activities, progress, or volunteer hours.

• Submit supporting documentation.

• Receive confirmations, notifications, credentials, reports, or other records.

• Access educational and community-engagement opportunities.

Availability of these features may vary by program, account, location, or eligibility.

Oysterbay does not guarantee that any user will be accepted into a program, reach a fundraising goal, receive a particular opportunity, earn a credential, obtain school recognition, or achieve any particular educational, financial, or professional result.
 

4. Fundraisers and Campaigns

Users who create, manage, or participate in a fundraiser or campaign must:

• Provide truthful and accurate information.

• Use funds only for the stated and permitted purpose.

• Obtain any authorization required to act for a team, school, organization, beneficiary, or other person.

• Comply with applicable laws, rules, payment requirements, and program guidelines.

• Avoid misleading statements about how funds will be used.

• Avoid falsely claiming affiliation with a school, charity, nonprofit, company, or government entity.

• Avoid representing that a payment is tax-deductible unless that representation is accurate and legally supported.

• Provide updates or supporting documentation when reasonably requested.

Oysterbay may review, suspend, reject, limit, or remove a fundraiser when it reasonably believes the fundraiser violates these Terms, presents fraud or safety concerns, infringes the rights of another person, or creates legal or reputational risk.

Oysterbay does not independently guarantee the truth, accuracy, legality, or success of every user-created fundraiser.
 

5. Payments, Contributions, and Fees

Payments made through the Services may include program fees, activation fees, registration fees, contributions, purchases, or other charges identified at the time of payment.

Before completing a transaction, users will be shown the applicable amount and any disclosed platform or processing fees.

Payments may be processed by third-party payment providers. Your use of a payment provider may also be governed by that provider’s terms and privacy policy. Oysterbay does not directly control a third-party payment provider’s systems, processing times, or decisions.

Unless expressly stated otherwise:

• A payment made through PLEYSMART is not necessarily a charitable donation.

• Payments are not necessarily tax-deductible.

• Oysterbay does not provide tax, accounting, or legal advice.

• Users should consult their own professional advisers concerning tax deductibility.

Refund eligibility will be determined by the refund terms presented for the applicable product, program, campaign, or transaction. Processing fees and services already delivered may be nonrefundable to the extent permitted by law.

Oysterbay may withhold, delay, reverse, or refund a payment when reasonably necessary to investigate suspected fraud, unauthorized activity, chargebacks, legal violations, payment-processing errors, or violations of these Terms.
 

6. SMS Messaging

Certain Oysterbay products, including PLEYSMART, may offer optional SMS notifications.

By affirmatively opting in to a specific SMS messaging program, you authorize Oysterbay to send text messages under the applicable product name to the mobile telephone number you personally provide.

Depending on the consent you provide, messages may include:

• Account verification and security notices.

• Fundraiser registration and participation updates.

• Team or unit activity.

• Contribution or payment confirmations.

• Volunteer or event notifications.

• Customer-support communications.

• Other platform notifications described at the point of consent.

Message frequency varies. Message and data rates may apply.

Reply STOP to opt out or HELP for assistance. You may also withdraw consent using another reasonable method communicated to Oysterbay.

Consent to receive SMS messages is not a condition of:

• Creating an account.

• Making a contribution.

• Purchasing goods or services.

• Participating in a fundraiser.

• Using PLEYSMART or another Oysterbay product.

Consent to receive informational or transactional messages does not automatically constitute consent to receive promotional or marketing messages. When required, PLEYSMART will request separate consent for promotional communications.

You may not provide SMS consent on behalf of another person. Uploading, importing, or entering another person’s telephone number does not constitute that person’s consent to receive recurring SMS messages.

For more information, review the PLEYSMART SMS Messaging and Opt-In Policy.
 

7. Email and Other Communications

We may send administrative emails concerning your account, transactions, security, policy changes, or use of the Services.

Where required by law, promotional emails will be sent only with appropriate consent and will include an unsubscribe mechanism.

You are responsible for maintaining accurate contact information and reviewing important communications related to your account.
 

8. User Content

“User Content” means information, text, photographs, videos, documents, campaign materials, comments, activity records, and other materials submitted through the Services.

You retain ownership of your User Content. By submitting User Content, you grant Oysterbay a nonexclusive, worldwide, royalty-free license to host, store, reproduce, format, display, and use that content only as reasonably necessary to:

• Operate and improve the Services.

• Display or administer the applicable fundraiser, program, or account.

• Verify participation or activity.

• Prevent fraud and maintain security.

• Comply with legal obligations.

• Promote a campaign or program when you have authorized such use.

You represent that you have the necessary rights and permissions to submit the User Content.

You must obtain appropriate permission before uploading another person’s image, personal information, school records, or other protected material, particularly information concerning a minor.
 

9. Prohibited Conduct

You may not use the Services to:

• Create or promote a fraudulent, deceptive, or unlawful fundraiser.

• Misrepresent your identity, affiliation, qualifications, or authority.

• Harass, threaten, exploit, or harm another person.

• Send spam or unsolicited communications.

• Purchase, sell, scrape, or misuse contact lists.

• Send recurring SMS messages to individuals who have not consented.

• Collect or disclose personal information without authorization.

• Infringe intellectual-property, privacy, publicity, or other rights.

• Upload malware or attempt to compromise the Services.

• Bypass security, access controls, or usage restrictions.

• Interfere with another user’s access.

• Manipulate volunteer hours, participation records, payments, or verification evidence.

• Use the Services for prohibited products, services, or activities.

• Violate applicable laws, regulations, school policies, or program rules.
   

10. Volunteer and Participation Records

PLEYSMART may provide tools for recording, submitting, confirming, or presenting volunteer and participation information.

Users are responsible for the accuracy of information they submit. A record displayed by PLEYSMART is not a guarantee that a school, college, scholarship provider, employer, government agency, or other third party will accept or recognize it.

Oysterbay may correct, reject, revoke, or remove records that are inaccurate, unverifiable, fraudulent, or submitted in violation of these Terms.
 

11. Intellectual Property

The Services, including software, designs, graphics, trademarks, logos, product names, interfaces, and Oysterbay-created content, are owned by or licensed to Oysterbay and are protected by applicable intellectual-property laws.

PLEYSMART, LearnBApp, and associated names, designs, and logos may not be used without written authorization from Oysterbay.

Subject to these Terms, Oysterbay grants you a limited, personal, nonexclusive, nontransferable, and revocable right to access and use the Services for their intended purposes.

You may not copy, modify, distribute, sell, license, reverse engineer, or commercially exploit the Services except as expressly permitted by Oysterbay or applicable law.
 

12. Third-Party Services and Links

The Services may interact with third-party providers, including payment processors, communications providers, hosting providers, analytics services, schools, nonprofit organizations, and external websites.

Oysterbay is not responsible for third-party services, content, security, availability, or practices. Your use of third-party services may be governed by separate terms and privacy policies.

Links to third-party websites do not constitute an endorsement or guarantee by Oysterbay.
 

13. Privacy

Oysterbay’s collection, use, retention, and disclosure of personal information are described in the Privacy Policy.

By using the Services, you acknowledge that you have reviewed the Privacy Policy.
 

14. Account Suspension and Termination

You may discontinue using the Services at any time. You may request account closure using the contact information below, subject to applicable retention requirements.

Oysterbay may suspend, restrict, or terminate an account or access to the Services when reasonably necessary to:

• Enforce these Terms.

• Protect users or the public.

• Investigate suspected fraud or abuse.

• Respond to legal or regulatory requirements.

• Address security or payment risks.

• Protect Oysterbay’s rights or operations.

When reasonably practical, Oysterbay may provide notice or an opportunity to correct the issue. Immediate action may be taken when necessary to prevent harm, fraud, unlawful activity, or security threats.
 

15. Service Availability and Changes

Oysterbay may update, modify, suspend, or discontinue features of the Services.

We do not guarantee that the Services will always be uninterrupted, error-free, or available in every location. Maintenance, security events, third-party failures, technical problems, or circumstances outside our control may affect availability.

Where reasonably practical, Oysterbay will provide notice of material changes affecting active paid services.
 

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

OYSTERBAY DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

OYSTERBAY DOES NOT GUARANTEE:

• The success of a fundraiser.

• A particular educational or professional outcome.

• Acceptance of volunteer or participation records by a third party.

• Continuous or error-free operation.

• The accuracy of all user-created content.

• The conduct or performance of another user or third party.

Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.
 

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OYSTERBAY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, OR REPUTATIONAL HARM, ARISING FROM OR RELATED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OYSTERBAY’S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID DIRECTLY TO OYSTERBAY DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR

2. ONE HUNDRED U.S. DOLLARS ($100).

These limitations do not apply where prohibited by law.
 

18. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Oysterbay and its directors, officers, employees, contractors, and agents from claims, damages, losses, liabilities, and reasonable expenses arising from:

• Your violation of these Terms.

• Your unlawful or unauthorized use of the Services.

• Your fundraiser, campaign, or User Content.

• Your infringement of another person’s rights.

• Fraudulent or misleading information you submit.

This provision does not require you to indemnify Oysterbay for Oysterbay’s own unlawful conduct.
 

19. Governing Law and Venue

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

Unless applicable law requires otherwise, legal proceedings arising from these Terms or the Services will be brought in a court of competent jurisdiction located in Galveston County, Texas.

Nothing in these Terms limits rights that cannot legally be waived.
 

20. Changes to These Terms

Oysterbay may update these Terms periodically.

The updated Terms will be posted with a revised “Last Updated” date. If a change materially affects your rights or obligations, we may provide additional notice through the Services, by email, or through another reasonable method.

Continued use of the Services after the effective date of revised Terms constitutes acceptance of the revised Terms, except where additional consent is required by law.
 

21. General Provisions

These Terms and any applicable additional terms constitute the agreement between you and Oysterbay concerning the Services.

If a provision is found unenforceable, the remaining provisions will remain in effect.

Oysterbay’s failure to enforce a provision is not a waiver of its right to do so later.

You may not assign your rights or obligations under these Terms without Oysterbay’s written consent. Oysterbay may assign these Terms as part of a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

Section headings are provided for convenience and do not affect interpretation.
 

22. Contact Us

Questions about these Terms may be directed to:
 

Oysterbay Integrated Services, Inc.
3917 Olympia Springs Dr
League City TX 77573

Email: info@learnbapp.com
Telephone: 2819672870

For PLEYSMART SMS assistance, reply HELP to a PLEYSMART text message or contact us using the information above.