Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding agreement between you and EduSched, Inc. ("EduSched," "we," "us," or "our"), a Delaware corporation. By accessing or using the EduSched platform (the "Service") you agree to be bound by these Terms. If you are accepting these Terms on behalf of a school or school district ("School"), you represent that you have authority to bind that School.

2. Description of Service

EduSched is a flex-period scheduling, planning, and student-engagement platform for K-12 schools. The Service supports eight role types (super administrator, district administrator, school administrator, counselor, teacher, student, parent, presenter), each with role-appropriate views and permissions enforced server-side. Features include flex-period sign-ups, special-day orchestration, student and teacher planners, lesson plans, sub-plans, seating charts, attendance, counselor request flows, announcements, and integrations with Aeries, Canvas, Google Classroom, Google SSO, and Microsoft SSO.

3. Relationship to the Data Privacy Agreement

For each School that licenses the Service, EduSched and the School execute a Data Privacy Agreement ("DPA") based on the SDPC National Data Privacy Agreement Standard v1.0a, plus any applicable state Exhibit (for California Schools, the California Exhibit covering AB 1584, SOPIPA, and CSPA Article 6 alignment).

The DPA controls. In the event of any conflict between these Terms and a signed DPA between EduSched and a School, the DPA prevails with respect to all data the School provides or that EduSched collects on the School's behalf under the contract — not only data classified as "Student Data."

4. User Accounts

• Account provisioning is controlled by the School. Students, staff, and parents receive access on the School's instructions.
• You must provide accurate information and keep your credentials secure. Promptly notify us of any unauthorized account use at security@edusched.com.
• Multi-factor authentication is available and may be required when the School's compliance profile sets the SSO mandate accordingly.
• Session inactivity timeouts apply per the School's configured policy.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of School policies
• Access data belonging to other users without authorization
• Probe, scan, or test the vulnerability of the Service except under a written authorization (see /.well-known/security.txt)
• Interfere with or disrupt the integrity, security, or performance of the Service or attempt to bypass row-level security or rate limits
• Share account credentials or magic-link tokens
• Upload content unrelated to the School's educational purpose, or content that infringes intellectual property, violates privacy, or is otherwise unlawful
• Use any automated means to scrape or harvest data from the Service

6. School-Official Designation

The School designates EduSched as a "school official" with a "legitimate educational interest" in education records, as those terms are used in FERPA §99.31(a)(1)(i)(B). EduSched uses education records solely to provide the contracted Service and remains under the School's direct control with respect to the use and maintenance of education records.

7. Data Ownership

All data the School provides or that EduSched collects on behalf of the School ("School Data") is and remains the property of the School. EduSched receives only the limited rights described in the DPA. Subject to the DPA, the Service itself — including software, design, and content other than School Data — is owned by EduSched.

Pupil-generated content (as defined in California Education Code §49073.1) is the property of the pupil and may be exported by the pupil in a structured machine-readable format upon request.

8. Privacy and Security

Our collection, use, and protection of information are described in the Privacy Policy and the executed DPA. Our security practices are summarized at /security. Our sub-processor list is at /security#sub-processors; Schools receive 30 days' advance notice of any change.

9. Insurance

EduSched maintains, at minimum, the following insurance during the term of any School contract:

• Cyber Liability and Privacy Liability insurance with limits of not less than US$1,000,000 per claim and $1,000,000 aggregate
• Technology Errors & Omissions insurance with limits of not less than US$1,000,000 per claim
• Commercial General Liability insurance with limits of not less than US$1,000,000 per occurrence

Certificates of insurance are available on request to a contracted School at contracts@edusched.com.

10. Service Availability

We target high availability but do not guarantee uninterrupted access. Scheduled maintenance windows are communicated to School administrators with reasonable notice. Unplanned outages exceeding four (4) hours within a school-day window are reported to the School with a brief root-cause summary.

11. Suspension

We may suspend access for an individual account that we reasonably believe is engaged in conduct that violates these Terms, the law, or that threatens the security of the Service. We will notify the School promptly and restore access as soon as the underlying issue is resolved.

12. Termination

Either party may terminate the use of the Service with thirty (30) days' written notice, or immediately upon a material uncured breach by the other party. The DPA's termination terms control with respect to School Data.

Upon termination, EduSched will, at the School's election, return all School Data in a structured machine-readable format or securely destroy it within sixty (60) days and certify destruction in writing.

13. Survival

The following sections survive termination of these Terms: §3 (DPA priority for any obligations that continue), §7 (Data Ownership), §8 (Privacy and Security as those obligations continue), §12 (Termination disposition of data), §13 (Survival), §14 (Limitation of Liability), §16 (Governing Law), and any payment obligation accrued before termination.

14. Limitation of Liability

To the maximum extent permitted by law, EduSched shall not be liable for indirect, incidental, special, consequential, or punitive damages arising out of or relating to the Service. Our total cumulative liability arising out of or relating to these Terms shall not exceed the greater of (a) US$50,000 or (b) the fees paid by the School to EduSched for the Service in the twelve (12) months preceding the claim.

Carve-outs. The cap above does not apply to: (i) breach of confidentiality obligations as to School Data, (ii) violations of the DPA, (iii) indemnification obligations, or (iv) gross negligence or willful misconduct.

15. Indemnification

EduSched shall defend, indemnify, and hold harmless the School from and against third-party claims arising from EduSched's breach of the DPA or these Terms, or from EduSched's gross negligence or willful misconduct. The School shall reasonably cooperate, and EduSched shall have control of the defense subject to the School's right to participate with separate counsel at its own expense.

16. Governing Law

For School (district) customers, the governing-law clause of the executed DPA controls; the SDPC NDPA Standard v1.0a defaults to the law of the state in which the LEA is located. For non-district visitors to the public marketing site, these Terms are governed by the laws of the State of California, without regard to its conflict-of-laws provisions. Any dispute that the DPA does not allocate to the LEA's state shall be brought in the state or federal courts located in San Diego County, California, subject to any applicable state-sovereign-immunity doctrines.

17. Force Majeure

Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, government actions, war, terrorism, riots, labor disputes, fire, internet or telecommunications failures, or pandemics. The affected party shall use commercially reasonable efforts to mitigate and resume performance.

18. Notices

Legal notices to EduSched must be sent to legal@edusched.com. Notices to the School are sent to the contacts on file in the School's compliance profile. Routine sub-processor change notices may be delivered by email.

19. Changes to Terms

We may update these Terms from time to time. We will notify School administrators of material changes at least thirty (30) days before the effective date. Continued use of the Service after the effective date constitutes acceptance.

20. Entire Agreement

These Terms, together with the Privacy Policy and any executed DPA, constitute the entire agreement between you and EduSched concerning the Service and supersede prior agreements on the same subject.

21. Contact

EduSched, Inc.
Contracts: contracts@edusched.com
Privacy: privacy@edusched.com
Security: security@edusched.com
Support: support@edusched.com
Legal: legal@edusched.com