Terms of Service

1. Acceptance and eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or act as an administrator, principal, or teacher. Students may use the Platform when authorized by their school or by a parent or guardian (e.g., in a homeschool setting). Use by students under 13 must be in accordance with our Privacy Policy and applicable law, including COPPA (e.g., with school or parent/guardian consent).

2. Description of service

The Platform is a private system. It provides tools for schools and educators to create and manage assessments, track student progress, maintain gradebooks, and support recognition and accountability in a learning context. Features may include school and class management, role-based access, messaging, and shareable celebration pages for completed assessments. We do not share your data with third parties; data backups and infrastructure are maintained under current, highly secure standards. We reserve the right to modify, suspend, or discontinue features with reasonable notice where practicable.

3. Accounts and security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must provide accurate information and notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or pose a risk to the Platform or other users.

4. Acceptable use

You agree to use the Platform only for lawful educational purposes and in compliance with these Terms and any applicable school or district policies. You will not:

• Use the Platform to harass, bully, or harm others, or to distribute illegal or inappropriate content.
• Attempt to gain unauthorized access to the Platform, other accounts, or our systems.
• Scrape, automate access, or overload the Platform in a way that impairs its operation.
• Use the Platform in any manner that violates FERPA, COPPA, or other applicable education or privacy laws.

Violation of acceptable use may result in suspension or termination of access and, where appropriate, referral to authorities.

5. Student use and consent

Where students use the Platform, such use should be directed or authorized by the school or by a parent or guardian in a homeschool context. For students under 13, we rely on school consent or parent/guardian consent as described in our Privacy Policy. Schools and guardians are responsible for obtaining any required consents and for supervising student use as appropriate.

6. Content and intellectual property

You retain ownership of content you submit (e.g., assessment questions, school branding). By submitting content, you grant us a license to use, store, and display it as necessary to operate the Platform. We do not claim ownership of your educational content. The Platform’s design, code, and branding are our property or our licensors’ and may not be copied or used without permission.

7. Disclaimers

The Platform is provided “as is” and “as available.” We do not warrant that the Platform will be uninterrupted, error-free, or free of harmful components. We are not responsible for the accuracy of user-generated content or for decisions made based on data or reports produced by the Platform. Use of the Platform is at your own risk.

8. Limitation of liability

To the maximum extent permitted by law, we and our affiliates, officers, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, revenue, or profits, arising from your use of or inability to use the Platform. Our total liability for any claims arising from these Terms or the Platform shall not exceed the amount you paid us, if any, in the twelve (12) months preceding the claim, or one hundred U.S. dollars, whichever is greater. Some jurisdictions do not allow certain limitations; in such cases, our liability will be limited to the fullest extent permitted by law.

9. Indemnification

You agree to indemnify and hold harmless the Platform, its operators, and affiliates from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Platform, your violation of these Terms, or your violation of any third-party rights or applicable law.

10. Termination

We may suspend or terminate your access to the Platform at any time for violation of these Terms or for any other reason with notice where practicable. You may stop using the Platform at any time. Upon termination, your right to access the Platform ceases. Provisions that by their nature should survive (e.g., disclaimers, limitation of liability, indemnification) will survive termination.

11. Governing law and disputes

These Terms are governed by the laws of the United States and the State in which the operator is located, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Platform shall be resolved in the courts of that State, except where prohibited.

12. Changes to the Terms

We may update these Terms from time to time. The “Last updated” date at the top will be revised. Continued use of the Platform after changes constitutes acceptance of the revised Terms. We will provide notice of material changes where required by law (e.g., by email or a notice on the Platform).

13. Contact

For questions about these Terms, contact us at lsm@hearthvision.com.