Terms of Service

Welcome to StudentDPA.com, a platform providing school districts (LEAs) and Ed Tech vendors with various tools and services. By accessing and using our platform, you agree to be bound by the following terms of service (TOS). If you do not agree to these TOS, please do not use our platform.

Safety

Our platform is intended for use by educational institutions and vendors, and we recommend against the use of our platform by individuals under the age of 13. The platform is not designed to comply with COPPA and should not be used by children under 13.

Scope of Service

Our platform is a web-based service that allows:

• LEAs: To request, sign, store, and access Data Privacy Agreements (DPAs).
• Vendors: To manage profiles, manage users, redline contracts, review contracts, e-sign contracts, receive DPA signing requests, receive data disposition requests, notify of data breaches, and more.

We also offer a Chrome extension to LEAs that allows them to track their organization's browsing activity and then analyze that data to highlight their district's app usage.

Account Registration

To access and use certain features of our platform, you will need to register for an account. When registering, you must provide certain personal information, including your name, email address, and:

• LEAs: School district information.
• Vendors: Company information.

You are responsible for maintaining the confidentiality of your account login information and for any activity that occurs under your account. If you become aware of any unauthorized use of your account, you must notify us immediately.

Use of Service

You agree to use our platform only for lawful purposes and in accordance with these TOS. You agree not to use our platform to:

• Violate any laws or regulations.
• Infringe on the intellectual property rights of others.
• Distribute spam or other unsolicited communications not related to the platform’s intended use.
• Engage in any activity that could damage, disable, or overburden our platform.

Messages sent through the platform related to data breaches, DPA requests, and other pertinent notifications are considered valid communications and are not classified as unsolicited.

We reserve the right to terminate your access to our platform if we believe that you are in violation of these TOS.

Intellectual Property

Our platform and the content and materials included on it, such as text, graphics, logos, images, and software, are the property of StudentDPA.com or our licensors and are protected by copyright and other intellectual property laws. You may not use any content or materials on our platform for any commercial purpose without the express written consent of StudentDPA.com. Additionally, you may not attempt to reverse engineer our platform, scrape data from our database, or engage in any other activities that could compromise our intellectual property.

Disclaimer of Warranties

Our platform is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our platform or the information, content, materials, or products included on it. We do not warrant that our platform will be uninterrupted or error-free, and we will not be liable for any interruptions or errors.

Limitation of Liability

We will not be liable for any damages of any kind arising from the use of our platform, including but not limited to direct, indirect, incidental, punitive, and consequential damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Indemnification

You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our platform, your violation of these TOS, or your violation of any rights of another. This indemnification obligation includes any claims arising from the actions of those using your account.

Governing Law

These TOS and your use of our platform will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

Changes to TOS

We reserve the right to modify these TOS at any time. We will post any changes on this page and encourage you to review these TOS regularly. Your continued use of our platform after any changes have been made constitutes your acceptance of the revised TOS.

We may update and change our platform from time to time to reflect changes to our services, our users' needs, and our business priorities.

We do not guarantee that our platform, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our platform through your internet connection are aware of these terms of service and other applicable terms and conditions, and that they comply with them.

Account Security

If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by contacting our support team.

Use of Material on Our Platform

We are the owner or the licensee of all intellectual property rights in our platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our platform must always be acknowledged.

You must not use any part of the content on our platform for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy, or download any part of our platform in breach of these terms of service, your right to use our platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do Not Rely on Information on Our Platform

The content on our platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our platform.

Although we make reasonable efforts to update the information on our platform, we make no representations, warranties, or guarantees, whether express or implied, that the content on our platform is accurate, complete, or up to date.

Links to Other Websites

Where our platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-Generated Content

This platform may include information and materials uploaded by other users of the platform, including to profile pages, forums, and private messages. This information and these materials have not been verified or approved by us. The views expressed by other users on our platform do not represent our views or values.

If you wish to complain about information and materials uploaded by other users, please contact our support team.

Our Responsibility for Loss or Damage Suffered by You

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of supply.

We exclude all implied conditions, warranties, representations, or other terms that may apply to our platform or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• Use of, or inability to use, our platform; or
• Use of or reliance on any content displayed on our platform.

In particular, we will not be liable for:

• Loss of profits, sales, business, or revenue;
• Business interruption;
• Loss of anticipated savings;
• Loss of business opportunity, goodwill, or reputation; or
• Any indirect or consequential loss or damage.

Uploading Content to Our Platform

Whenever you make use of a feature that allows you to upload content to our platform, or to make contact with other users of our platform, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our platform constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

Though we do backup our content frequently according to our internal retention policies. You are solely responsible for securing and backing up your content.

Viruses

We do not guarantee that our platform will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes, and platform to access our platform. You should use your own virus protection software.

You must not misuse our platform by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our platform, the server on which our platform is stored, or any server, computer, or database connected to our platform. You must not attack our platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our platform will cease immediately.

Linking to Our Platform

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

Our platform must not be framed on any other site, nor may you create a link to any part of our platform other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our platform other than that set out above, please contact support@studentdpa.com.

Term and Termination

Termination of Membership: In the event your representative member terminates its membership with StudentDPA, your use will be terminated as well.

Termination of Access Denial by Us: We may terminate the Agreement if your Partner Member or Service Provider has not paid its dues to StudentDPA or we can block your access as a User if you materially breach the Agreement or the Terms of Service and fail to remedy the breach within thirty (30) days of written notice of the breach.

Effect of Termination: The definitions in the Agreement, and the rights, duties, and obligations of the parties in the Agreement that by their nature continue and survive, shall survive any termination or expiration of the Agreement.

General Provisions

Governing Law and Venue: Unless the laws governing the Education Agency require otherwise, the laws of the State of Delaware govern all matters arising out of the Agreement, without regard to conflict of law principles, and either the federal court in Delaware or the state courts located in Delaware, will have jurisdiction in respect of disputes arising in connection with the Agreement.

Severability: If any provision of the Agreement is held invalid, that provision will be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of the Agreement will continue in full force and effect.

Independent Contractors: The parties to the Agreement are independent contractors and the Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent.

Modification and Waiver Agreement: The Agreement may be modified only by a written agreement that is signed by authorized representatives of both parties and is identified as an amendment or part of the Agreement. No term or provision of the Agreement will be considered waived by a party, and no breach excused, unless the waiver or consent is in writing signed by such party. No consent by a party to, or waiver of, a breach, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach.

Contact Us

If you have any questions or concerns about our terms of service, please contact us at legal@studentdpa.com.

About StudentDPA

StudentDPA is committed to streamlining the DPA process, ensuring educational institutions can securely and efficiently manage their vendor agreements. Learn more about our mission and services at www.studentdpa.com.