Terms of Service

1.1 We grant you a limited, non-exclusive, revocable license to access and use our services solely for the purpose of tracking, storing, and managing student progress and performance within the scope of special education. This license is provided for your internal use only, which may include use by special education professionals, educational institutions, and organizations involved in delivering special education services.

1.2 You agree to comply with all applicable laws, including FERPA, COPPA, and any other relevant data protection and privacy regulations. You are responsible for obtaining any necessary parental or guardian consent for the collection, use, and sharing of student data. You must ensure that all data uploaded to our platform is done in compliance with these laws. In the event that you upload data without the required consent, we reserve the right to delete the data and suspend or terminate your access to the services.

1.3 Service Plans: Your access to our services depends on the subscription plan you choose. We offer Basic, Standard, Premium, and Enterprise plans. Any features or limitations of your selected plan will be specified in your Service Plan.

2.1 Account Access and Security: You are responsible for maintaining the confidentiality of your account login information. You agree to notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account.

2.2 Data Compliance: You are responsible for ensuring that any data you submit to our services, including student data, complies with all applicable laws, including FERPA, COPPA, and other data privacy laws. If you are a special education professional, you must obtain the necessary consent from parents/guardians for the use of their child’s data. You are solely responsible for ensuring that you have all required consents before uploading or using student data. If you upload data without proper consent, we may delete it and suspend or cancel your access to our services.

2.3 Prohibited Uses: You agree not to use the services to engage in any unlawful activities, to infringe on intellectual property rights, to modify or reverse-engineer the service, or to misuse the platform in a way that compromises the security, integrity, or functionality of the services, including unauthorized access to student data.

2.4 Service Data: You retain ownership of any data you upload or input into our services. However, you grant us a license to use the data as necessary to provide the services, improve the service, and comply with legal obligations.

3.1 Downtime: We may need to perform maintenance or upgrades on the service, which may result in temporary unavailability. We will use commercially reasonable efforts to notify you in advance of any planned downtime.

3.2 Force Majeure: We are not liable for any failure or delay in service caused by circumstances beyond our control, including but not limited to acts of nature, government actions, or third-party failures.

4.1 Updates: We reserve the right to update, modify, or discontinue the services at any time. Updates will be subject to these terms.

4.2 Subscription Price Changes: We reserve the right to adjust or increase the subscription price at any time. In the event of a price change, we will notify you at least 30 days in advance of any such changes, allowing you to review and decide whether to continue with the subscription under the new pricing terms.

5.1 Subscription Charges: Subscription charges are due in advance and are based on the service plan you select. These charges are non-refundable except as otherwise stated in the agreement.

5.2 Payment Methods: You agree to provide valid payment information, and we may charge you automatically for any recurring subscription fees.

5.3 Late Payments: If payment is not received within the specified period, we may suspend or terminate your access to the services until payment is made.

5.4 Refund - We offer a full refund to new users who are not satisfied with our service within 30 days from the start of their subscription. After the 30-day period, no refunds will be issued. To request a refund, please contact us at support@spedtree.com and include "[REFUND] – Your Name" in the subject line of your email. We reserve the right to approve or deny refund requests at our sole discretion.

6.1 User Access Management: You are responsible for managing access to our services for users within your organization. This includes adding, removing, and assigning roles to authorized special education professionals or other users based on their organizational email addresses. You are solely responsible for ensuring that only licensed or authorized users have access to our services and that all users within your organization comply with the terms of this Agreement.

7.1 Suspension by Us: We may suspend or terminate your access to our services if you violate these terms, including failing to make payments or using our services for prohibited activities.

7.2 Cancellation by You: You may cancel your subscription at any time directly through your account settings. Upon cancellation, auto-renewal will stop, and you will retain access to our services until the end of your current billing cycle.

8.1 Confidentiality: Both parties agree to protect each other’s confidential information. You are responsible for maintaining the confidentiality of your account and login details.

8.2 Data Security: We take reasonable technical and organizational measures to protect the data you submit to our services. However, you are responsible for ensuring that your data usage complies with applicable laws, including FERPA.

8.3 Data Processing: We may process your data in accordance with our privacy notice. You acknowledge that we may disclose your data to comply with legal obligations or protect our rights.

8.4 Data Retention Period: Upon termination or expiration of your subscription or access to our services, we will retain all user and student data associated with your account for a period of 30 days. This retention period allows for any necessary data retrieval, account resolution requests, or other business purposes. During this period, you may request access to the data before it is permanently deleted.

8.5 Permanent Deletion: After the 30-day retention period, all user and student data will be permanently deleted from our systems, in accordance with our data deletion policy. Once the deletion process is complete, no data will be recoverable, unless specified otherwise in a separate written agreement.

The Service is intended to be used by Special Education Professionals, School Administrators, and other school faculty only. The Customer agrees to use the Service in compliance with all applicable laws and regulations. The Customer shall not use the Service to engage in any activity that is illegal or violates the rights of others. The Company reserves the right to terminate or suspend the Service in the event that the Customer or its users violate the terms of this agreement.

In the event of a data breach or security incident, the Company shall promptly investigate the incident and take reasonable steps to remediate any damage or prevent further damage. The Company shall notify the Customer in writing of any such incident within 48 hours of becoming aware of the incident.

We may update these terms at any time. We will notify you of any significant changes, and your continued use of the services after such changes constitutes your acceptance of the updated terms.

For any questions, concerns, or support, please contact us at support@spedtree.com.