TERMS OF SERVICE AND PRIVACY POLICY

Last Modified: 09/09/2016

Welcome, Data Champions! As a Public Benefit Corporation, the Schoolzilla team is committed to our mission of enabling people to use data to improve education for students, especially students from underserved communities --it’s even in our official bylaws! We’re really excited by the opportunity to serve you and your students by helping you analyze and visualize your data! Before you get started, we want you to be aware of what we are doing to protect your data and how we expect you to interact with our services. To help you sort through the legalese (we know it can be a little inaccessible, at times), we have included comments that should clarify what it means when you decide to accept our “Terms of Service and Privacy Policy.” Providing you with superior service and security is our priority, and once you have accepted these terms, we look forward to enabling you to make smart data-driven decisions that change students’ lives.

BASICALLY,

Schoolzilla’s services exist to help you better serve your students’ educational needs. Once you’re licensed to use our services, the license is intended for you and can’t be given to or shared with anyone else. As we’re always striving to make a better product with better services, we’ll sometimes modify these services. These modifications are intended to provide Data Champions like you with better decision-making tools as you work to help your students succeed!

If it becomes necessary for us to change these terms, we’ll post the changes on our website and do our best to bring it to your attention. If that happens, please make sure you review those changes. If you continue using our services (and we hope you do!), your continued use of Schoolzilla means you’ve accepted those changes.

2. RESTRICTIONS AND RESPONSIBILITIES.

We know imitation is the sincerest form of flattery, but if we’re going to continue providing you with superior services, our product needs to stay unique! Attempts to copy or share our product are not okay.

We’ll work together to make sure that Schoolzilla is working for you. Protecting your data is very important to us, so please help us keep your data secure by making sure you protect all of your credentials, and only provide direct access (i.e., logins) to employees with a legitimate educational interest in the information.

To keep communications streamlined, we ask you to choose one employee who is responsible for making sure our “Terms of Service and Privacy Policy” are met, both on your end and on ours.

3. INTELLECTUAL PROPERTY RIGHTS; CONFIDENTIALITY AND PRIVACY.

We’re grateful that our customers help us to improve our products and services. As our community grows, we will continue to improve Schoolzilla to meet our customers’ needs. Improvements that we make along the way – based on either our own insights or your suggestions – continue to be our intellectual property.

The security of your students’ data is our number one priority. Schoolzilla is in the business of making sure people in schools can leverage the data they have to help students – we are not in the business of selling data. We will never share identifiable data with another entity without your express permission. At times, we may include aspects of your data in aggregated and anonymous reports to other customers, but those reports will not include any information personally identifying your schools, your colleagues, or your students.

Since your data is always yours, you are welcome to create new reports and share reports with others authorized to see the data in the report. Please remember that when you share our reports with others, you’re giving them the same rights that you have.

We look forward to working with you directly, in addition to providing you services through the website. If you ask us to work with you directly, through a separate Statement of Work, you’ve given us permission to do that work and that work remains our intellectual property.

We take your privacy seriously. Really. We won’t use Reports and Data to do anything other than what we described in this agreement.

Just ask us, and we’ll delete the data you have provided to Schoolzilla as soon as possible, but definitely within 5 business days.

Your Data always belongs to you. We will never try to take ownership of individual student records or reports. When this agreement is over, we will delete all your student data in our possession.

You can review the data that we have in our systems through our dashboard tool. If there are mistakes in the data, you need to make the corrections to your source information and our systems will pick up the changes. We will forward any inquiries from students, parents or guardians directly to you.

4. SECURITY.

All Schoolzilla personnel are trained in security practices and procedures designed to keep Your Data under strict internal controls.

In the unlikely event of an unauthorized disclosure of Data, Schoolzilla has implemented a process for responding to incidents and notifying affected individuals and, if applicable, law enforcement personnel.

5. SUPPORT.

We appreciate how hard you work for students, and want to be there for you if issues arise while you are using our service. We make our best effort to respond as quickly as possible when you submit a support request at support.schoolzilla.org.

6. FEES AND PAYMENT.

We will both agree to fees and detail them in a Statement of Work.

We expect you to pay any subscription fees before the first day of the subscription term or 30 days after we invoice you (whichever is later).

To keep providing you and our other customers with excellent services and products, we expect payment of any professional services within 30 days of when you receive our invoice . If you’ve made other arrangements with us, those arrangements will be reflected in your Statement of Work.

Unless you’ve made other arrangements with us (in writing), fees you’ve paid won’t be refunded.

Kindly pay us on time, because we really don’t want to charge you interest.

7. TERM AND TERMINATION; SUSPENSION.

We value having you as a customer and look forward to having a long and productive relationship with you. But if you choose to end our relationship, our “Terms of Service and Privacy Policy” will stop applying once you’ve given us written notice (an email is fine) that you’ll no longer be using our product. If we have good reason to believe that you have violated our “Terms of Service and Privacy Policy, ” we can suspend your access to our services.

If our relationship ends, we’ll be sad, but we will work to help you transition to storing your data elsewhere. We will charge you an hourly fee for such transitional services. We don’t expect it to take more than 15 hours or two months, so we’ve put those limits in the agreement.

If our relationship ends, you’ll lose access to our services. However, if you’ve found our reports valuable (and we hope you have!), you’re welcome to continue using any reports you created (based on your data) that you downloaded before our services ended.

8. WARRANTIES; WARRANTY DISCLAIMER.

We understand how important your students’ privacy is, and if FERPA’s restrictions apply to you, agreeing to our “Terms of Service and Privacy Policy” means that we’ve become an “other school official” with legitimate reason to use your data.

Like you, we’re professionals who take our work and your privacy seriously. When we work with your data, our efforts are intended to meet your students’ educational needs, and we will make sure our actions meet our obligations in this agreement.

We work hard to make sure our reports meet your needs. We can’t promise to address every complaint. However, we can promise to act in accordance with our “Terms of Service and Privacy Policy,” and we’re definitely open to any feedback you care to share with us.

9. LIMITATION OF LIABILITY.

This section limits our liability. The world isn’t a perfect place, and good intentions can’t solve everything. We’ll work hard to provide you with superior services and to meet your needs and expectations. While we can’t promise to prevent catastrophe, we do promise to uphold our “Terms of Service and Privacy Policy.”

We’d really appreciate if you didn’t sue us. If, however, a lawsuit arises, be aware that we can’t be held liable for more than the total fees you’ve paid us in the last year.

10. INDEMNIFICATION.

You have free will, and if you do something unlawful with our product (and we really hope you won’t), and we get sued, you promise to take responsibility for that lawsuit.

11. MISCELLANEOUS.

If there’s something in our “Terms of Service and Privacy Policy” agreement that can’t be enforced or isn’t valid, that portion will be removed without changing the rest of the document.

This agreement governs our relationship with you and your relationship with us. If you want to include others in this agreement, make sure you get our consent first. If Schoolzilla someday is acquired or merges with another company, we need to be able to transfer our obligations to the acquiring entity.

If there are questions about how our relationship with you works, our “Terms of Service and Privacy Policy” answers those questions. If any other arrangements have been made, those modifications must be signed by both you and us.

This agreement is between you and us. We’re providing you with a service, and our relationship doesn’t extend beyond the limits in this agreement.

Any notices relating to our “Terms of Service and Privacy Policy” will be made in writing and will be considered delivered once they’ve been personally received and/or electronically confirmed.

We’re based in Alameda County, California, and we respect our state’s laws. If some sort of legal dispute arises, the case would be settled in our local jurisdiction. Before going to court, we all agree to go through arbitration in case there’s a dispute about this agreement.

We’re really proud to have you as a customer! Your trust in us and in our product means a lot to us, and we love to brag about your achievements for students and schools using Schoolzilla . But if you’re really shy about letting us use your name or logo, let us know (in writing, please) that you don’t want us to identify you as a customer, and we’ll respect your wishes.