Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) establish a legal agreement between you and Comeback Gear LLC d/b/a SubFinder (“SubFinder,” “we,” “us,” or “our”) governing your use of the SubFinder platform, including the web application, APIs, and related services (collectively, the “Service”).

By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Description of Service

SubFinder provides a substitute teacher management and notification platform designed for schools, childcare centers, and educational programs. The Service enables:

• Administrators to manage classrooms, substitute teacher rosters, and coverage schedules
• Administrators to create job requests and send SMS notifications to available substitute teachers
• Substitute teachers to receive job offer notifications and respond via SMS
• Automatic job assignment based on first response when enabled
• Administrators to view job status, response tracking, and assignment history

SubFinder is an operational communication and scheduling tool. It is not a payroll processor, a human resources information system, or a legal compliance service. Administrators remain solely responsible for employment decisions, labor law compliance, and workforce management.

3. Accounts and Access

To use the administrator features of the Service, you must create an account and provide accurate information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must notify SubFinder immediately of any unauthorized use of your account. The Company is not liable for losses resulting from unauthorized account access due to your failure to safeguard your credentials.

You must be at least 18 years old and authorized to enter into binding contracts to create an administrator account.

4. Administrator Responsibilities

As an administrator using SubFinder, you are responsible for:

• Ensuring that all substitute teachers added to your SubFinder account have consented to receive operational SMS communications as required by applicable law
• Providing accurate substitute teacher information including names and phone numbers
• Using the Service only for lawful operational purposes related to managing substitute teacher coverage
• Complying with all applicable employment, labor, and communications laws in your jurisdiction
• The content of all messages you create and send through the Service
• Maintaining appropriate records of substitute teacher consent for SMS communications
• Promptly honoring any substitute teacher opt-out requests communicated to you

You agree not to add substitute teachers to the platform without a legitimate working relationship with those individuals.

5. SMS Messaging Terms

SubFinder sends SMS messages on your behalf using registered messaging infrastructure. By using the SMS features of the Service, you agree to the following:

For substitute teachers receiving SMS: Message and data rates may apply. Message frequency varies. Reply STOP to opt out at any time. Reply HELP for assistance. Opt-outs are processed immediately.

Administrator messaging obligations:

• All messages sent through SubFinder must be operational in nature and directly related to substitute teacher coverage
• You may not use SubFinder to send unsolicited commercial messages, spam, or content unrelated to substitute coverage
• You must not send messages containing prohibited content including but not limited to: illegal content, harassment, deceptive content, or content in violation of carrier guidelines
• You are responsible for complying with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any other applicable regulations governing electronic communications

SubFinder reserves the right to suspend messaging capabilities for accounts that violate these terms or generate excessive carrier complaints.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Harass, intimidate, or harm any person
• Transmit spam, unsolicited messages, or bulk communications outside of legitimate substitute coverage operations
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers and networks connected to the Service
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems or bots to access the Service in ways that exceed normal usage
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell or sublicense the Service without written authorization from SubFinder

The Company reserves the right to investigate violations and take appropriate action including account suspension or termination.

7. Intellectual Property

The Service, including its design, features, code, and content (excluding content you submit), is owned by Comeback Gear LLC and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without express written permission.

You retain ownership of content you create and submit through the Service (such as message content and substitute teacher data). By submitting content to the Service, you grant SubFinder a limited license to use, process, and transmit that content solely as necessary to operate and provide the Service.

8. Data and Privacy

Your use of the Service is subject to SubFinder’s Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you agree to the collection and use of information as described in the Privacy Policy.

You are responsible for the accuracy of substitute teacher data you provide and for maintaining appropriate records in accordance with applicable privacy laws.

9. Payment and Billing

Certain features of the Service may require payment of fees. Applicable fees, billing cycles, and payment terms will be communicated to you prior to any charges. By providing payment information, you authorize SubFinder to charge the applicable fees.

All fees are non-refundable unless otherwise stated or required by applicable law. The Company reserves the right to change pricing with reasonable notice to active subscribers.

If your payment fails and is not resolved within a reasonable period, SubFinder may suspend or terminate your account access.

10. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

SubFinder does not guarantee SMS delivery. Message delivery depends on third-party carriers and network conditions outside our control. SubFinder is not responsible for undelivered messages or carrier-level filtering.

SubFinder is not a licensed employment law provider. Nothing in the Service constitutes legal, HR, or compliance advice.

11. Limitation of Liability

To the maximum extent permitted by applicable law, SubFinder and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption.

The Company’s total aggregate liability to you for any claims arising from or related to the Service shall not exceed the greater of (a) the amount you paid SubFinder in the twelve months preceding the claim, or (b) one hundred dollars ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless Comeback Gear LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or third-party right
• Content you create, send, or submit through the Service
• Your failure to obtain proper consent from substitute teachers for SMS communications

13. Termination

You may terminate your account at any time by contacting SubFinder. The Company may suspend or terminate your account and access to the Service at any time, with or without notice, for conduct that violates these Terms, is harmful to other users or third parties, or for any other reason at its discretion.

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.

14. Changes to Terms

SubFinder may update these Terms from time to time. When doing so, we will update the “Last updated” date at the top of this page and notify active administrators by email or in-platform notice for material changes. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

15. Governing Law

These Terms are governed by the laws of the state of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of competent jurisdiction in that state, and you consent to personal jurisdiction therein.

16. Contact

For questions about these Terms, please contact:

Comeback Gear LLC d/b/a SubFinder
Email: support@comebackgearllc.com
Website: subfinder.dev