Terms of Service

1. Account Eligibility and Responsibilities

• Institutional Authorization: You represent that you have the legal authority to bind your private school or institution to these Terms.
• Account Security: Users are responsible for maintaining the confidentiality of their login credentials. Any unauthorized use of accounts must be reported immediately.
• Acceptable Use: You agree not to use the platform to upload malicious code, scrape data, send spam, or bypass any system security protocols.

2. School Content and Data Ownership

• Ownership:The school retains full ownership, intellectual property rights, and control over all data, student records, and files uploaded to the software ("School Content").
• Software License: We grant the school a limited, non-exclusive, non-transferable, revocable license to access and use our software for internal operations during the subscription term.
• Intellectual Property: All software code, user interface designs, logos, and system features remain the exclusive property of Expanding Minds Inc.

3. Fees, Billing, and Renewals

• Subscription Terms: Subscription fees are billed in advance based on the schedule outlined in your Order Form (e.g., annual billing cycles).
• Late Payments: Failure to pay service fees within thirty (30) days of the invoice due date may result in temporary suspension of software access.
• Taxes: Private schools claiming tax-exempt status must provide a valid Massachusetts Form ST-2 (Certificate of Exemption) or equivalent state documentation to avoid applicable taxes.

4. System Uptime and Maintenance

• Service Level Goal: We strive to maintain a 99.9% platform uptime, excluding scheduled maintenance windows.
• Maintenance Windows: Standard maintenance is performed during off-peak hours (e.g., weekends) to minimize disruption to school admissions and administrative staff. Advanced notice will be provided for any major planned downtime.

5. Limitation of Liability & Indemnification

• Limitation of Liability: To the maximum extent permitted by law, Expanding Minds Inc. shall not be liable for any indirect, incidental, or consequential damages, including loss of school data, revenue, or enrollment opportunities. Our total liability shall not exceed the total fees paid by the school in the twelve (12) months preceding the claim.
• Indemnification:The school agrees to indemnify and hold harmless Expanding Minds Inc. against any legal claims arising from the school's misuse of student data or violation of local education laws.

6. Termination

• Termination for Cause: Either party may terminate the agreement if the other party materially breaches these Terms and fails to cure the breach within thirty (30) days of written notice.
• Data Export Upon Termination: Upon termination or expiration of the subscription, the school will have a period of thirty (30) days to export its data from the CRM before it is permanently deleted from our active servers.

7. Governing Law

These Terms are governed by and construed under the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any legal action arising from these Terms must be filed in the state or federal courts located within Suffolk County, Massachusetts.