Terms of Use

Last updated: April 2024

Edapt Schools Incorporated ("Edapt Schools," "we," "us," or "our," “Service Provider”) offers AI-enabled software and web applications, including the LCAP Composer, are designed to revolutionize how school districts manage and create various reports, simplifying the Local Control and Accountability Plan (LCAP) process among other reporting requirements. These Terms of Service ("Terms") govern your access to and use of our software, websites, services, and associated support services (collectively, the "Service").

Acceptance of Terms

By accessing or using the Service, whether as a school district administrator, teacher, staff member, or any other user role (collectively, "you" or "your"), you signify your agreement to be bound by these Terms, including any future modifications, and to use the Service in compliance with all applicable laws, policies, and regulations.

1. Definitions

For clarity and the purpose of these Terms, the following definitions apply:

"Authorized Users" are individuals authorized by you, including employees, consultants, contractors, agents, or other members of your organization who are authorized to use the Service under the rights granted to you pursuant to these Terms.
"Customer Data" means any data, information, content, records, and files that you (or any of your Authorized Users) load, transmit to, or enter into the Service.
"Documentation" refers to our online user guides, documentation, and help and training materials, as updated from time to time, accessible via our website or login to the applicable Service.
"Subscription Term" means the period during which you have agreed to subscribe to the Service under the Agreement.

2. Use of Service

Access and Licenses

We grant you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to these Terms. All rights not expressly granted to you are reserved by Service Provider and its licensors.

User Responsibilities

You are responsible for all activities conducted under your user logins and for your Authorized Users' compliance with these Terms.
You are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

3. Prohibited Uses

You agree not to use the Service:

In a manner that infringes, violates, or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights.
To engage in any unlawful or fraudulent activity, perpetrate a hoax, engage in "phishing" schemes, commit forgery or engage in wrongful manipulation of data.
To abuse, harass, threaten, or intimidate any person.
To violate any Federal or State statute or regulation.

4. Service Availability

We will make reasonable efforts to ensure that the Service is available 24 hours a day, seven days a week. However, there might be occasions when the Service will need to be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications hosting links and equipment. Every reasonable step will be taken by us to minimize such disruption where it is within our reasonable control.

5. Customer Data & Privacy

You retain all your rights to any data you submit to the Service. You are responsible for the security of your data and for using appropriate protections. Our use of your Customer Data is governed by our Privacy Policy, which is incorporated by reference into these Terms.

6. Intellectual Property

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Service, you agree to allow others to view and share your content.

7. Warranty and Disclaimer

While we strive to deliver the highest quality service, please note that certain aspects such as specific needs fulfillment, uninterrupted availability, timely execution, security, and error rates may vary. We endeavor to ensure that the outcomes from using our service are accurate and reliable, and that the quality of any products, services, or information obtained through our service aligns closely with your expectations. However, we cannot guarantee that every aspect will always meet all individual preferences or requirements.

8. Limitation of Liability

In no event will the Service Provider be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other tangible losses, whether arising from contractual or tortious claims, or otherwise (even if the Service Provider has been advised of the possibility of such damages), resulting from or connected in any way to:

The use or the inability to use the service;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the service;
Any other matter relating to the service.

This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and will not preclude any mandatory consumer rights that apply to users under applicable law.

9. Termination

These Terms will continue to apply until terminated by either you or us as set out below. We may terminate the Terms or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service or non-compliance with the Terms.

10. Governing Law

The Terms of the Use contract will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. Any disputes arising from these contract terms or your use of the service must be filed only in the Courts of Los Angeles County, State of California.

11. Changes to Terms

Edapt Schools reserves the right, at its sole discretion, to modify or replace the Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect.