Terms and Conditions

1. Definitions

For the purposes of these Terms and Conditions:

• "Company" (referred to as "we," "us," or "our") means EduTrack, Inc.
• "Service" refers to the EduTrack educational management platform
• "User" or "you" refers to any individual or entity using our Service
• "Institution" refers to educational organizations subscribing to our Service
• "Student Data" means any information relating to students input into or generated by the Service

2. Scope of Agreement

These Terms and Conditions constitute a legally binding agreement between you and EduTrack, Inc. regarding your use of the EduTrack platform and related services. By accessing or using our Service, you agree to be bound by these terms.

If you do not agree to these terms, you must discontinue use of the Service immediately.

3. User Obligations

As a user of the Service, you agree to:

1. Provide accurate and complete information when creating accounts or inputting data
2. Maintain the security and confidentiality of your login credentials
3. Use the Service only for lawful educational purposes
4. Comply with all applicable federal, state, and local laws, including FERPA and COPPA
5. Respect the intellectual property rights of others
6. Report any security vulnerabilities or unauthorized access immediately
7. Ensure appropriate supervision when students access the Service

4. License Grant

Subject to your compliance with these Terms, EduTrack grants you a limited, non-exclusive, non-transferable license to access and use the Service during the subscription period. This license permits you to:

• Access the Service through authorized user accounts
• Input, store, and retrieve educational data
• Generate reports and analytics based on your data
• Use educational tools and features as intended

5. Prohibited Uses

You expressly agree NOT to use the Service for any of the following:

1. Any unlawful purpose or in violation of any applicable regulations
2. Transmitting harmful code, viruses, or malicious software
3. Attempting to gain unauthorized access to other users' data
4. Reverse engineering, decompiling, or disassembling the Service
5. Creating derivative works based on the Service
6. Reselling or sublicensing access to the Service
7. Using automated systems to access the Service without permission
8. Interfering with the normal operation of the Service

6. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of EduTrack, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

You retain ownership of your educational content and Student Data. By using the Service, you grant us a limited license to process this data solely to provide the Service to you.

7. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EDUTRACK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

• WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF DATA

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDUTRACK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless EduTrack and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit through the Service.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in San Francisco, California.

Notwithstanding the foregoing, either party may seek equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

11. Termination

Either party may terminate this agreement at any time with or without cause upon written notice. Upon termination:

1. Your access to the Service will be immediately suspended
2. You will have 30 days to export your data before it is permanently deleted
3. All outstanding fees become immediately due and payable
4. Provisions regarding intellectual property, limitation of liability, and indemnification shall survive

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide reasonable notice of material changes through the Service or via email. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modifications, you must discontinue use of the Service.

13. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

14. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely approximates the intent of the original provision.