OpenMarch Terms of Service

Last updated - February 28, 2026

1. Agreement

The following Terms of Service (the “Terms”) constitute a binding agreement between you and OpenMarch, LLC (“OpenMarch,” “we,” “our,” and “us”), regarding your use of OpenMarch’s website, desktop application (the “Desktop App”), and mobile application (the “Mobile App”, and collectively with the website and Desktop App, the “Services”). 

By accessing or using the Services in any manner, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of an entity (an “Entity Customer”), all references to “you” in these Terms other than in this paragraph refer to the Entity Customer and you represent and warrant that you are a duly authorized representative with the authorization to act on behalf of the Entity Customer and bind the Entity Customer to these Terms. You may use the Services only in compliance with these Terms.

If you are using the Services as an authorized user of an Entity Customer, the agreement between OpenMarch and the Entity Customer (the “Entity Agreement”) controls in the event of a conflict between these Terms and the Entity Agreement.

PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH SECTION 21 BELOW.

2. Modification to Terms

OpenMarch reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. The date of the last modification to the Terms will be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.

3. Privacy

OpenMarch respects your privacy. To learn more about how we handle personal data, please see our Privacy Policy.

4. Our Services

Through our Services, directors, instructors, designers, and staff (each, an “Admin”) can design drill formations for the performers (each, a “Performer”) of marching bands, color guard groups, and other performing arts ensembles (each, a “Ensemble”). Admins have access to a portal on the website (the “Portal”), the Desktop App, and the Mobile App. Performers have access to the Mobile App to the extent they are granted access by an Admin.

5. User Accounts

Admins must create an account in order to use the Services. Performers do not need to create an account.

You promise to provide us with accurate, complete, and updated registration information about yourself. You are responsible for maintaining the confidentiality of your account, and are fully responsible for any and all activities that occur under your account. You agree to immediately notify OpenMarch of any unauthorized use of your account or any other breach of security. OpenMarch will not be liable for any loss or damage arising from your failure to comply with this section.

If you would like us to terminate your account, you can do so by emailing OpenMarch at support@openmarch.com.

6. Desktop App

The Desktop App is made available to Admins pursuant to the GNU Affero General Public License, available at https://www.gnu.org/licenses/agpl-3.0.en.html (the “Desktop App License”). To the extent these Terms conflict with the Desktop App License, the Desktop App License controls.

7. Acceptable Use

OpenMarch hereby grants you permission to access and use the Services, provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:

  • You may only use the Services for your own personal use and in accordance with these Terms and any codes of conduct provided by OpenMarch. You may not transfer your access to others or allow others to access the Services through your own access. 
  • You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations. 
  • You may not use the Services in any manner that OpenMarch deems to be harmful, violent, fraudulent, deceptive, explicit, inappropriate, threatening, harassing, defamatory, obscene, or otherwise objectionable.
  • You may not submit information or content to the Services that you do not have the right to submit.
  • You may not bulk copy or “scrape” any portion of the Services content using a bot or other tool.
  • Except as permitted by the Desktop App License, you may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
  • You may not enter, store or transmit viruses, worms or other malicious code within, through, to or using the Services.
  • You may not defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services.
  • You will not access the Services for the purpose of building a similar or competitive product, course, or service, or share with or assist any third party in doing so.
  • Your login credentials are personal to you. Simultaneous log-ins or credential sharing are prohibited. We may monitor usage patterns; evidence of sharing may result in suspension, termination, and billing for additional user seats at the then-current list price.

8. Payment

  1. Fees. OpenMarch charges on a per-seat basis for use of the Mobile Application. Each Ensemble (through its Admins) must purchase seats for each performer and other authorized user affiliated with that Ensemble that will be using the Services. OpenMarch will identify the cost and duration of each seat license at the time of purchase. Licenses do not automatically renew.

  2. Payment and Billing Information. By providing a credit card or other payment method for the payment of fees, you represent and warrant that you are authorized to use the designated payment method and that you authorize our third-party payment processor to charge your payment method for the total amount of your fee(s) (including any applicable taxes and other charges) (collectively, a “Transaction”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, you must resolve any problem we (or our third-party payment processor) encounter before the Transaction is completed. You acknowledge that the amount billed may vary due to promotional offers, changes in the Services, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

  3. Pricing and Availability. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Services are subject to availability, and we reserve the right to cancel all or part of the Services and to discontinue making certain Services available without prior notice.

9. Content

  1. OpenMarch Content. As between you and OpenMarch, OpenMarch owns all right, title and interest in and to the materials available through the Services other than Your Content (as defined below), including, but not limited to, text, graphics, documents, data, articles, photos, images, videos, and illustrations (all of the foregoing except Your Content, the “OpenMarch Content”).

Conditioned upon your compliance with these Terms, OpenMarch hereby grants you a limited, non-exclusive, non-transferable license, to access and use the Services and OpenMarch Content in accordance with these Terms. You have no right to sublicense the rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by OpenMarch or its licensors, except for the licenses and rights expressly granted in these Terms.

  1. Your Content. As between you and OpenMarch, you own all of the content and data that you submit through the Services (collectively, “Your Content”). You hereby grant to OpenMarch a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, access, copy, adapt, modify, and otherwise exploit Your Content, in any media, solely as necessary to provide the Services to you, the Ensemble, and the Entity Customer (if applicable) and internally improve the Services. OpenMarch will not disclose Your Content or otherwise use Your Content for any other purpose without your prior written permission.

You acknowledge and agree that you are solely responsible for Your Content. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to OpenMarch the license above. If Your Content violates these Terms in any way, we reserve the right to remove Your Content from the Services.

  1. OpenMarch Data. OpenMarch will collect data about how its customers use the Services, including but not limited to aggregated and anonymized data based on Your Content and the content of other users (collectively, “OpenMarch Data”). OpenMarch owns all right, title, and interest in and to the OpenMarch Data.

10. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that OpenMarch has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.

11. Third-Party Platforms

OpenMarch may provide you with access to third-party websites, platforms, and services (collectively, “Third-Party Platforms”). You hereby acknowledge that OpenMarch does not control such Third-Party Platforms, and cannot be held responsible for their content, operation, or use. Your use of Third-Party Platforms is subject to their respective terms of service. OpenMarch does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided through such Third-Party Platforms. OpenMarch disclaims any and all responsibility or liability for any harm resulting from your use of such Third-Party Platforms, and you hereby irrevocably waive any claim against OpenMarch with respect to the content or operation of any such Third-Party Platforms.

12. Modification to Services

OpenMarch may modify the Services from time to time. OpenMarch shall have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you or any other third party may incur as a result of changes to the Services.

13. Termination

OpenMarch may immediately and without notice terminate these Terms and disable your access to the Services if (i) OpenMarch determines that you have breached these Terms, (ii) the Admins for your Ensemble breach these Terms or choose to terminate your access to the Services, or (iii) the Entity Customer breaches these Terms or chooses to terminate your access to the Services. You may terminate your account at any time by emailing us at support@openmarch.com.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, indemnification, and terms regarding disputes between us.

14. Indemnification

If you are an Admin or Entity Customer, to the fullest extent allowed by applicable law, you agree to indemnify, defend, and hold OpenMarch, its affiliates, officers, agents, and employees harmless from and against any and all third-party claims, and any resulting liabilities, damages, losses and expenses (including attorneys’ fees) arising from or in any way related to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, (c) any dispute between you and one or more other users, and (d) any actions taken by Performers associated with your Ensemble.

15. Disclaimer of Warranties

YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND OPENMARCH CONTENT ARE PROVIDED “AS IS,” AND OPENMARCH AND ITS AFFILIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. OPENMARCH AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.

Because some states do not permit disclaimer of implied warranties, you may have additional rights under your local laws.

16. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL OPENMARCH BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID BY YOU TO OPENMARCH IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

17. Notices

Any notices or other communications permitted or required hereunder will be in writing and given by OpenMarch (a) via email (in each case to the address that you provide) or (b) by posting to the website.

18. No Waiver

The failure of OpenMarch to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

19. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without OpenMarch’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. OpenMarch may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third-party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.

20. Severability

If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

21. Governing Law; Arbitration

These Terms are governed by and will be construed under the laws of the state of Virginia, without regard to the conflicts of laws provisions thereof. The arbitration shall be held in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitration shall be held in the US county of your most recent physical address or, if there is no such US county, in Loudoun County, Virginia. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing obligation to arbitrate disputes, you acknowledge that a breach of Sections 7 (Acceptable Use) and 9 (Content) will cause irreparable harm to OpenMarch, for which damages will be difficult to ascertain, and therefore you hereby agree that OpenMarch shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, without the necessity of proving actual damages or posting any bond. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Loudoun County, Virginia. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND OPENMARCH ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

22. Entire Agreement

These Terms and the Desktop App License constitute the entire agreement between you and OpenMarch regarding your use of the Services, and supersede all prior written or oral agreements.

23. Contact Us

If you have any questions about the Services, please do not hesitate to contact us at support@openmarch.com or at the following address:

OpenMarch LLC
46950 Community Plz
Ste 120 - 1008
Sterling, VA 20164