Terms of Service

Terms and conditions for using School Bench Pro services

Last updated: January 15, 2024

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and School Bench Pro, Inc. ("Company," "we," "us," or "our") concerning your use of the School Bench Pro education management platform and related services.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

Definitions

  • "Services" refers to the School Bench Pro platform, including web applications, mobile applications, APIs, and related services.
  • "User" refers to any individual who accesses or uses our Services, including administrators, teachers, students, parents, and staff.
  • "Institution" refers to the educational organization (school, district, university, etc.) that subscribes to our Services.
  • "Content" refers to all data, information, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials.
  • "Account" refers to your user account for accessing our Services.

Eligibility

To use our Services, you must:

  • Be at least 13 years of age (or the minimum age in your jurisdiction)
  • Be affiliated with an educational institution that has subscribed to our Services
  • Have the legal capacity to enter into these Terms
  • Provide accurate and complete information when creating an account
  • Comply with all applicable laws and regulations

Account Registration and Security

When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information as necessary
  • Keep your login credentials secure and confidential
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities under your account

You may not share your account credentials or allow others to use your account. We reserve the right to suspend or terminate accounts that violate these requirements.

Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You may not:

  • Violate any applicable laws, regulations, or third-party rights
  • Use the Services for any commercial purpose outside of educational activities
  • Upload, post, or transmit harmful, offensive, or inappropriate content
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the Services or servers
  • Use automated means to access the Services without permission
  • Reverse engineer, decompile, or attempt to extract source code
  • Remove or modify any proprietary notices or labels

Subscription and Payment Terms

Subscription Plans

Our Services are offered through various subscription plans as described on our pricing page. Subscription terms, features, and pricing may vary by plan.

Payment

  • Subscription fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as expressly stated in these Terms
  • You authorize us to charge your payment method for all applicable fees
  • Prices may change with 30 days' notice to existing subscribers
  • Failure to pay may result in suspension or termination of services

Free Trials

We may offer free trial periods for new subscribers. During trials, you have access to the Services subject to any limitations specified. Trials automatically convert to paid subscriptions unless cancelled before the trial period ends.

Data and Privacy

Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you acknowledge that:

  • You have read and understood our Privacy Policy
  • You consent to our collection and use of information as described
  • Educational institutions remain the owners of their student data
  • We implement appropriate security measures to protect data
  • We comply with applicable educational privacy laws (FERPA, COPPA, etc.)

Intellectual Property Rights

Our Rights

The Services, including all software, design, text, graphics, and other content, are owned by School Bench Pro and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

Your Content

You retain ownership of content you upload to our Services. By uploading content, you grant us a limited license to use, store, and process your content solely to provide the Services.

Feedback

Any feedback, suggestions, or ideas you provide about our Services may be used by us without restriction or compensation to you.

Service Availability and Modifications

We strive to provide reliable Services, but we cannot guarantee 100% uptime. We may:

  • Perform scheduled maintenance that may temporarily interrupt service
  • Modify, update, or discontinue features with notice
  • Implement security measures that may affect accessibility
  • Suspend services for violation of these Terms
  • Discontinue services with 90 days' notice

Termination

Termination by You

You may terminate your subscription at any time through your account settings. Termination will be effective at the end of your current billing period.

Termination by Us

We may terminate or suspend your access immediately if you:

  • Violate these Terms or our policies
  • Fail to pay applicable fees
  • Engage in harmful or illegal activities
  • Compromise the security or integrity of our Services

Effect of Termination

Upon termination, your access to the Services will cease, and we may delete your data after a reasonable period, except as required by law or our data retention policies.

Disclaimers and Limitation of Liability

Service Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, REVENUE, OR PROFITS, ARISING FROM YOUR USE OF THE SERVICES.

Indemnification

You agree to indemnify and hold harmless School Bench Pro, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Services will be resolved through binding arbitration in San Francisco, California.

You waive any right to participate in class action lawsuits or class-wide arbitrations against us.

Changes to These Terms

We may modify these Terms at any time by posting updated terms on our website. Material changes will be communicated to users with at least 30 days' notice. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Services.
  • Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
  • Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.
  • Assignment: You may not assign these Terms without our consent. We may assign these Terms to any affiliate or successor.
  • Force Majeure: We are not liable for delays or failures due to causes beyond our reasonable control.

Contact Information

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

Email: legal@schoolbenchpro.com

Phone: +1 (555) 123-SCHOOL

Mail:
School Bench Pro, Inc.
Legal Department
123 Education Street
San Francisco, CA 94105
United States