These Terms of Service ("Terms") are a binding agreement between Isaac Johnston, doing business as FillMyClass ("FillMyClass," "we," "us," or "our"), a sole proprietorship based in Georgia, USA, and the person or entity using the Services ("you," "your"). (Note: the operating entity name will be updated if the business is later organized as an LLC or corporation.)
These Terms govern your access to and use of the FillMyClass website, web application, mobile applications (iOS and Android), and related products, features, communications, and services (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A LIMITATION OF LIABILITY, AN "AS IS" DISCLAIMER OF WARRANTIES, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER (SECTION 20) THAT AFFECT YOUR LEGAL RIGHTS.
By creating an account, clicking to accept, accessing, or using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services.
1. What FillMyClass Is
FillMyClass is a coverage and substitute-management tool. It provides software that helps organizations coordinate coverage when a staff member needs someone to fill in: staff members ("requesters") submit coverage requests; coverage providers are notified (preferred coverage providers may be notified first); coverage providers accept or decline; and administrators see what is filled or unfilled. Although many of our examples use schools (for instance, a teacher requesting a substitute), the Services are designed for any organization that manages coverage among its staff (for example, nursing homes or other care settings, where a nurse needs time off and a substitute nurse fills in).
FillMyClass provides a software platform only. We are not an employer, staffing agency, recruiter, payroll provider, insurer, credentialing service, or background-check provider, and we are not a party to any employment, contracting, or other arrangement between organizations, requesters, and coverage providers. We do not select, supervise, vet, pay, or guarantee any coverage provider or any coverage, and we are not responsible for employment decisions, compensation, taxes, benefits, workers' compensation, supervision, qualifications, or labor and employment compliance for any user or organization. Decisions about who is in a coverage pool, who may submit requests, who is qualified, and whether coverage actually occurs rest entirely with the organizations and individuals involved.
FillMyClass is not an emergency communication system. The Services must not be relied upon for emergency notifications, safety alerts, medical communications, or other time-critical or life-critical communications.
2. Organizations; Authority; Separate Agreements
If you use the Services on behalf of a school, district, company, facility, or other organization, you represent and warrant that you have authority to bind that organization to these Terms. In that case, "you" includes both you and the organization.
If your organization has a separate written agreement with FillMyClass (for example, an order form or data privacy agreement), that agreement will control to the extent of any direct conflict with these Terms.
3. Definitions
- "Organization" means a school, district, business, agency, facility, nonprofit, healthcare-related organization, or other entity that uses the Services to coordinate coverage.
- "Administrator" means a user authorized by an Organization to manage users, settings, Coverage Requests, roles, or other administrative functions.
- "Requester" means a user who creates or submits a Coverage Request.
- "Coverage Provider" means a user who may receive, accept, decline, or respond to Coverage Requests. In a school context, this may include a substitute teacher. In other contexts, it may include a substitute worker, substitute nurse, fill-in staff member, or other coverage provider.
- "Coverage Request" means a request, posting, job, assignment, shift, absence, opportunity, or similar item created through the Services.
- "User Content" means any information, content, files, text, titles, descriptions, subjects, dates/times, notes, messages, plans (including sub plans), schedules, attachments, or other materials submitted, uploaded, transmitted, or made available through the Services.
4. Eligibility; No Minors
You must be at least 18 years old and legally capable of entering into a binding contract to use the Services. The Services are not directed to children, and users under 18 are not permitted to create accounts. We do not knowingly collect personal information from anyone under 13 (consistent with the Children's Online Privacy Protection Act). If we learn that someone under 18 has created an account, we may suspend or delete it.
Organizations are responsible for ensuring that only authorized personnel create accounts, submit requests, or otherwise use the Services on the Organization's behalf.
5. Accounts and Security
Anyone may sign up for an account, but the Services are essentially nonfunctional until you join an Organization using a join code or an Organization invite. Organizations control who is in their coverage pool, who may submit requests, and what roles and permissions apply.
You must provide accurate, current, and complete information when creating and maintaining your account. You are responsible for safeguarding your account credentials and for all activity that occurs under your account, except to the extent caused by our breach of these Terms or applicable law. You must promptly notify us at help@fillmyclass.com of any unauthorized access to your account or any other security incident involving the Services.
6. Organization and User Responsibilities
Organizations are responsible for the accuracy, legality, and appropriateness of the requests, schedules, locations, instructions, notes, attachments, and other content they and their staff submit through the Services, and for obtaining any rights, permissions, notices, and consents required to submit that information.
Coverage Providers and other individual users are responsible for confirming that they are available, authorized, qualified, and otherwise permitted to accept and perform any opportunity they claim or respond to through the Services.
You are solely responsible for your relationships, decisions, and dealings with other users and Organizations.
7. No Guarantee of Coverage, Opportunities, or Delivery
FillMyClass does not guarantee that any coverage request will be filled, that any opportunity will be claimed or remain available, that any user will receive any minimum number of notifications or assignments, or that any notification or message will be delivered on time or at all.
The Services depend on third-party networks, platforms, app stores, device settings, email systems, mobile carriers, and messaging providers that are outside our control.
Organizations should maintain their own backup procedures for urgent or critical coverage needs.
8. Fees
Unless separate written pricing or order terms state otherwise, the core Services are free for Coverage Providers. Organizations may be charged subscription fees, service fees, or other amounts for paid features or services; any such fees, billing terms, and payment obligations will be presented at checkout, in an order form, or in another written agreement. Pricing is set by us and may change.
Except as required by law or expressly stated in a separate written agreement, all fees are non-refundable. You authorize us and our payment processors to charge the applicable fees. You are responsible for applicable taxes, duties, and governmental charges, excluding taxes based on our net income.
9. User Content and Responsibility
You retain any ownership rights you have in your User Content. You are solely responsible for your User Content.
By submitting User Content, you grant FillMyClass a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, and otherwise process that User Content solely as necessary to operate, provide, secure, maintain, support, and improve the Services and to comply with law. This license exists only so we can run the Services for you and ends when the relevant User Content is deleted from our active systems, except for residual copies retained as described in our Privacy Policy or required by law.
You represent and warrant that you have all rights, permissions, and authority needed to submit your User Content and to grant the license above, and that your User Content and its use through the Services will not violate law or third-party rights.
Sub plans and attachments. These uploads may incidentally contain personal information about third parties (for example, students or care recipients).
Sensitive information limits. You must not upload or include sensitive personal information — including Social Security numbers, government identification numbers, financial account information, payment card information, passwords or security credentials, medical or health information (including patient, treatment, diagnosis, or medication information and protected health information), disability information, student education records, student disciplinary records, confidential personnel records, or background-check information — unless it is reasonably necessary for coverage and you are authorized to share it. Unless we expressly agree otherwise in a separate written agreement, the Services are not intended to serve as a general-purpose repository for student records, medical or patient records, protected health information, personnel files, background-check records, or other highly sensitive or regulated records. Organizations are responsible for their staff's compliance with applicable law and internal policy regarding what is uploaded.
No duty to review. We do not pre-screen User Content and have no obligation to monitor or review it. We may, but are not required to, review, remove, disable access to, or restrict User Content that we believe violates these Terms or applicable law, or creates legal, privacy, or security risk.
10. Student, Patient, and Regulated Information (FERPA / HIPAA)
Student information and FERPA. FillMyClass does not host or collect student records as a product feature. If an Organization is a school, district, or educational institution subject to the Family Educational Rights and Privacy Act ("FERPA") or similar student privacy laws, the Organization is responsible for determining whether and how those laws apply to its use of the Services, and remains responsible for FERPA compliance where User Content incidentally contains personally identifiable information from education records. To the extent an Organization designates FillMyClass as a "school official" with a "legitimate educational interest" under FERPA (34 CFR § 99.31(a)(1)), FillMyClass: (a) processes such information only to provide the Services and under the direct control of the Organization; (b) uses it only for the purposes authorized by the Organization; and (c) does not re-disclose it except as permitted by FERPA or directed by the Organization. The Organization is responsible for providing any required notices and for determining what information is shared with the Services. We do not use student education-record information for targeted advertising.
Patient information and HIPAA. The Services may be used by organizations outside education, including healthcare-related or care-related organizations. However, unless FillMyClass enters into a separate written agreement specifically addressing healthcare privacy obligations, including a Business Associate Agreement where required, the Services are not intended to collect, store, process, or transmit protected health information as defined by the Health Insurance Portability and Accountability Act ("HIPAA") or similar laws. Organizations and users in healthcare, care, nursing, staffing, or related environments are responsible for ensuring that they do not submit patient information, protected health information, medical information, treatment information, diagnosis information, medication information, or other regulated healthcare information unless they are authorized to do so and appropriate written agreements are in place. FillMyClass is not a healthcare provider, medical provider, clinical decision-making tool, or patient-care tool.
11. Restrictions and Acceptable Use
You agree not to, and not to permit others to:
- violate any applicable law, regulation, contract, Organization policy, or third-party right;
- submit content that is unlawful, misleading, infringing, defamatory, harassing, threatening, abusive, or invasive of privacy;
- upload malware, malicious code, or material intended to damage, disable, interfere with, or impair the Services;
- scrape, crawl, mirror, frame, or otherwise extract data from the Services except as expressly authorized in writing;
- reverse engineer, decompile, disassemble, or attempt to derive source code from the Services, except where this restriction is prohibited by law;
- access the Services through unauthorized means or use them to gain unauthorized access to any system;
- impersonate another person or entity or misrepresent your affiliation or authority;
- submit sensitive personal information except as permitted in Section 9;
- use the Services to send unlawful, deceptive, or unsolicited communications; or
- interfere with the operation, security, or integrity of the Services.
12. Notifications and SMS (A2P 10DLC Disclosures)
The Services send service-related and transactional communications by push notification, email, and SMS text message in connection with the Services, your account, coverage opportunities, scheduling activity, support, and security. SMS is strictly transactional — for example, job alerts and reminders.
If you provide your mobile number and agree to receive SMS messages at sign-up or in your settings, you consent to receive transactional text messages from FillMyClass, and the following terms apply to our SMS program, "Fill My Class Alerts":
- Message frequency varies based on account and coverage activity (approximately 0–4 messages per day).
- Message and data rates may apply, depending on your carrier and plan.
- Reply STOP to opt out at any time; you will receive one final confirmation message after you opt out. Reply HELP for help, or contact help@fillmyclass.com.
- Carriers are not liable for delayed or undelivered messages.
- Your mobile number is used only for service-related messages.
- Opting out of SMS does not affect your ability to use the Services.
You may control push notifications through your device settings. Some service-related communications may be necessary for the Services to function. For details on how we handle your mobile information, see our Privacy Policy.
13. Intellectual Property; License to Use the Services
The Services, including all software, technology, designs, text, graphics, trademarks, and logos (other than User Content), are owned by or licensed to FillMyClass and are protected by intellectual property and other laws.
Subject to these Terms, FillMyClass grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal, personal, or Organization-related use in accordance with these Terms. Except for this limited right, you receive no ownership or license rights in the Services. You may not copy, modify, distribute, sell, or lease any part of the Services except as expressly permitted.
14. Feedback
If you provide suggestions, ideas, feedback, or recommendations about the Services, you grant FillMyClass a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use that feedback for any purpose without restriction, obligation, or compensation to you.
15. Copyright / DMCA
We respect intellectual property rights. If you believe content on the Services infringes your copyright, send a notice with the information required by 17 U.S.C. § 512(c)(3) to us at help@fillmyclass.com (Attn: Copyright Notice / DMCA, 53 Brownstone Drive, Ringgold, GA 30736). We may remove or disable access to allegedly infringing content and may terminate repeat infringers in appropriate circumstances.
16. Third-Party Services
The Services depend on and integrate with third-party services, platforms, content, and materials, including sign-in providers, app stores, hosting providers, diagnostics tools, communications vendors, and payment processors. Your use of third-party services may also be governed by the third party's own terms and privacy policies. FillMyClass does not control and is not responsible for third-party services, their availability, or their privacy or security practices. If you sign in through a third-party login provider, you authorize us to receive information from that provider as permitted by your settings and the provider's policies.
17. Suspension and Termination
You may stop using the Services at any time and may delete your account in the app or by emailing help@fillmyclass.com. If your account is associated with an Organization, certain records may remain available to that Organization after deletion, such as historical Coverage Requests, logs, or records reasonably necessary for the Organization's operations or compliance obligations.
We may suspend, restrict, or terminate your access to all or part of the Services, with or without notice, if we believe you have violated these Terms, created legal or security risk, failed to pay amounts due, or if suspension is reasonably necessary to protect the Services, our users, or third parties.
Upon termination, your right to use the Services ends immediately and the licenses you granted end (subject to residual/backup copies and legal retention). Provisions that by their nature should survive termination will survive, including provisions relating to ownership, feedback, disclaimers, limitations of liability, indemnification, dispute resolution, and any payment obligations accrued before termination.
18. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILLMYCLASS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, FILLMYCLASS DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT ANY COVERAGE REQUEST WILL BE FILLED, CLAIMED, OR COMPLETED, OR THAT ANY NOTIFICATION OR MESSAGE WILL BE DELIVERED ON TIME OR AT ALL. YOU USE THE SERVICES AT YOUR OWN RISK.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) No indirect damages. FILLMYCLASS AND ITS OWNERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, COVERAGE, EMPLOYMENT OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Coverage failures. FILLMYCLASS IS A COMMUNICATION AND COORDINATION TOOL AND IS NOT RESPONSIBLE OR LIABLE FOR ANY COVERAGE FAILURE — INCLUDING WHEN A COVERAGE PROVIDER NO-SHOWS, DECLINES, OR CANCELS, OR WHEN A COVERAGE REQUEST GOES UNFILLED — OR FOR THE ACTS, OMISSIONS, QUALIFICATIONS, OR CONDUCT OF ANY ORGANIZATION, REQUESTER, OR COVERAGE PROVIDER. WE ARE NOT A PARTY TO ANY EMPLOYMENT OR STAFFING ARRANGEMENT.
(c) Cap. THE TOTAL LIABILITY OF FILLMYCLASS AND ITS OWNERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS ($100) OR (ii) THE TOTAL AMOUNT PAID TO FILLMYCLASS BY YOU OR YOUR ORGANIZATION FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND FILLMYCLASS AND APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
20. Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED AND INCLUDES A WAIVER OF JURY TRIAL AND CLASS ACTIONS.
(a) Informal resolution first. Before filing a claim, you agree to contact us at help@fillmyclass.com and attempt to resolve the dispute informally for at least 30 days.
(b) Binding arbitration. Except as set out below, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration on an individual basis under the Federal Arbitration Act, rather than in court. Arbitration will be conducted by a recognized arbitration provider under its applicable consumer or commercial rules, and judgment on the award may be entered in any court of competent jurisdiction.
(c) Class action and jury trial waiver. YOU AND FILLMYCLASS EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
(d) Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information or to stop unauthorized use of the Services.
(e) 30-day opt-out. You may opt out of this arbitration agreement by emailing help@fillmyclass.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. If you opt out, the governing-law and venue provisions in Section 21 apply to your disputes.
21. Governing Law and Venue
These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of Georgia, USA, without regard to conflict-of-laws rules. To the extent any dispute is not subject to arbitration, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Georgia, USA, and each party consents to the personal jurisdiction and venue of those courts.
22. Indemnification
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless FillMyClass and its owners, affiliates, officers, employees, contractors, licensors, service providers, and agents from and against any third-party claims, actions, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- your use of the Services;
- your User Content;
- your violation of these Terms or applicable law;
- your violation of any third-party right;
- your relationship, interactions, or disputes with any other user or Organization;
- your Organization's coverage, staffing, employment, payroll, tax, education, healthcare, privacy, or compliance obligations; or
- your failure to obtain any permissions, notices, consents, authorizations, credentials, licenses, or approvals required for information or content you submit through the Services.
23. Changes to the Services or These Terms
We may modify the Services from time to time. We may also update these Terms from time to time by posting the revised version and updating the "Last Updated" date above. If we make material changes, we will provide additional notice where appropriate (for example, by email or in-app notice). By continuing to use the Services after the updated Terms become effective, you agree to the revised Terms.
24. General
- Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and FillMyClass regarding the Services and supersede prior agreements on that subject, except for any separate written agreement that controls under Section 2.
- Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
- No waiver. Our failure to enforce any provision of these Terms is not a waiver of future enforcement of that provision or any other provision.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, sale of assets, or by operation of law.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
25. Contact Us
Questions about these Terms:
- Email: help@fillmyclass.com
- Mail: 53 Brownstone Drive, Ringgold, GA 30736
- Operator: Isaac Johnston, d/b/a FillMyClass