End User License Agreement and Terms of Use

This End User License Agreement and Terms of Use (collectively referred to herein as the “Agreement”) is between you, the end user (referenced herein as “you” or “your”) and Education Dynamics, Inc. (“EDI”) and governs your access to and use of the Solutions (defined below), including but not limited to EDI’s StudentTrac, SafeTrac, and Tuition Path.

This Agreement is a legally binding contract between you and EDI. As part of this Agreement, you agree to comply with EDI’s Acceptable Use Policy and Privacy Policy set forth below in this Agreement. If you access or use the Solutions, or continue accessing or using the Solutions after being notified of a change to this Agreement including, but not limited to, the Acceptable Use Policy and Privacy Policy, you confirm that you have read, understand, and agree to be bound by the terms of this Agreement as it may be updated from time to time.

By downloading, accessing and/or using the Solutions, you represent and warrant that you are of legal age to enter into this Agreement and agree to be bound by the terms of this Agreement. You cannot use the Solutions if you do not agree to the terms of this Agreement.

If you are not 18 years of age or older, by downloading, accessing and/or using the Solutions, you represent and warrant that you have obtained the consent of your parent/legal guardian, and that you and your parent/legal guardian agree to be bound by the terms of this Agreement. You cannot use the Solutions if you do not agree to the terms of this Agreement.

Definitions.

“FERPA” means the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. §1232g; 34 CFR Part 99) and similar laws that control the disclosure of student information.

“Non-Personally Identifiable Information” (or “Non-PII”) means information that cannot be used on its own or with other information to identify, contact, or locate someone.

“Personally Identifiable Information” (or “PII”) means information that can be used on its own or with other information to identify, contact, or locate someone.

“EDI” means Education Dynamics, Inc. and its Affiliates. An “Affiliate” of Education Dynamics, Inc. is an entity that controls EDI, is controlled by EDI, or is under common control with Education Dynamics, Inc.

“Control” means the direct or indirect possession of the power to direct or cause the direction of the management policies of an entity.

“Sensitive Information” means (1) PII as defined in FERPA; (2) educational records, as defined in FERPA; (3) pupil records as defined in the California Education Code section 49073.1 and similar laws; and (4) covered information as defined in Student Data Privacy laws.

“Solutions” means EDI’s cloud-based software platforms, products, mobile applications, AI-Enabled Services (as defined below), and related services, including, without limitation, StudentTrac, SafeTrac, and Tuition Path, and any updates, enhancements, or modifications thereto.

“Student Data Privacy Laws” means laws that specifically protect the use and disclosure of electronic student records and information coming from those records.

“User” means any individual or entity that registers for, accesses, or uses the Solutions, whether on their own behalf or on behalf of another person or organization.

“User Content” means all information and content (including Prompts and Creations (each as defined below), and any other text, photos, images, sound, video and any other materials) that a user submits to the Solutions.

What Solutions Does EDI Provide?

EDI’s Solutions may include providing access to EDI’s cloud-based student information and campus management platforms, including StudentTrac, SafeTrac, the Tuition Path application, and any related websites located at EduDyn.com, together with associated communication tools, reporting and analytics features, attendance and progress-tracking functionalities, digital registration and record-management tools, and other resources that enable authorized users to access, input, analyze, and manage student, staff, and operational information through the Solutions.

The Solutions may include certain services, products, tools and features that are enabled by artificial intelligence (“AI”) technologies (“AI-Enabled Services”) and that allow you to submit text, images, multimedia, or other inputs or make certain selections (“Prompts”) to generate content (“Creations”). Due to the nature of AI, Creations may not be accurate, reliable, appropriate, or unique across users and the AI-Enabled Services may generate the same or similar Creations for EDI or other users. You understand that Creations may be subject to certain third-party rights and restrictions. EDI will not be responsible for any action that you take or do not take based on the AI-Enabled Services, including any Creations.

AI-Enabled Services are powered by foundational models trained on various data sources. You can access more information by visiting the webpages for the AI-Enabled Service(s) you are using.

What Requirements and Restrictions Apply to Your Use of the Solutions?

Limited License to Use the Solutions. Subject to your compliance with the terms of this Agreement, EDI is granting you a revokable non-exclusive license, non-transferrable, non-sublicensable, limited license to download, access and use the Solutions for personal, internal, non-public, non-commercial use and educational purposes only. EDI may revoke this limited license at any time. The terms of this Agreement (and as this Agreement is updated from time-to-time) will govern any upgrades or updates provided by EDI that replace or supplement the original Solutions, unless such update is accompanied by a separate agreement in which case the terms of that agreement will govern.

Ownership. The Solutions provided by EDI are protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. EDI owns intellectual property rights in the Solutions. As between you and EDI and except for all User Content, all content in the Solutions, including text, graphics, data, photographic images, moving images, sound, drawings, and software (“Solutions Content”) is either owned by EDI or licensed by EDI from third parties. This limited license to download, access and use the Solutions is subject to these rights and to all the terms and conditions of this Agreement.

Restrictions on Use. You may not rent, lease, lend, sell, redistribute or sublicense the Solutions. You may not copy, decompile, reverse engineer, disassemble, attempt to devise the source code of, modify or create derivative works of the Solutions, any updates or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). You may not record, photograph or stream the Solutions. You may not post the Solutions on any website or social media platform. You may not otherwise violate EDI’s intellectual property rights, including using the Solutions to develop another product of service. Any attempt to do any of the prohibited actions above is a violation of EDI’s rights. If you breach this restriction, your limited license will be revoked, and you may be subject to prosecution and damages.

What Requirements, Obligations,  and Responsibilities Apply as an End User?

User Obligations. You represent that you will, at all times, provide true, accurate, current and complete information (which you have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through the Solutions. In addition, you are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and information security with respect to your use of the Solutions. If you access the Solutions on behalf of any organization, your organization shall be bound to this Agreement and be liable for any breach by you. You represent that you will have all rights, power, and authority to agree to this Agreement on behalf of your organization.

Registration. To use some or all of the Solutions, you may be required to register for an account (“Account”) and provide information about yourself. Registration for access to and use of the Solutions may also require access credentials, such as a username and password, or adherence to other access requirements as designated by the Tuition Path App in its sole discretion from time to time. When and if you register, you must always provide true, complete and updated information for the Account and maintain and update your information to keep it accurate, current, and complete.

Account and User Responsibilities. Keep your password private. You are responsible for the activity that happens on or through your Account. Do not use your Account password on other sites or applications and use the Solutions in compliance with all applicable local, state, federal, and international laws, regulations, and conventions, as well as with the terms and conditions of this Agreement. Do not impersonate another user of the Service or provide false identity information to gain access to or use the Solutions. Any attempt to view or manipulate the records of another Solutions user will be deemed a material breach and, in addition to exercising its termination rights under this Agreement, EDI may, in its discretion, inform any relevant authorities. You must immediately notify EDI of any unauthorized use, or suspected unauthorized use of your Account, or any other failure of security.

What Are My Obligations Regarding Purchases and Payments?

Purchases and Payments. Certain EDI Solutions may allow or require you to purchase, subscribe to, or make payments in connection with enhanced functionality or optional services. The applicable fees, any promotional or discounted pricing (if offered), the duration of any license or subscription term, renewal options, and the permitted payment methods (e.g., credit card, debit card, ACH, or other methods) will be displayed to you within the Solutions at the time you place your order.

All purchases are final, and no refunds, credits, or cancellations will be issued except as expressly stated at the time of purchase, as separately confirmed in writing by EDI, or as required under applicable law. All transactions are void where prohibited.

EDI may request additional information from you to verify your identity, confirm your order, or validate your selected payment method. EDI reserves the right to suspend or terminate your access to the Solutions, or any related license, subscription, or service, if you fail to pay any amounts when due. You agree to reimburse EDI for all reasonable costs of collection, including reasonable attorneys’ fees, arising from past-due amounts. Unless expressly stated otherwise, all payment obligations to EDI relating to the Solutions shall survive the expiration or termination of this Agreement for any reason.

By confirming a purchase or submitting payment information, you: (a) authorize EDI and/or its third-party payment processor(s) to charge the payment method you have selected; and (b) agree that EDI and/or such processors may charge all applicable amounts, including taxes, fees, tariffs, levies, or duties (other than taxes imposed on EDI’s net income).

Unless expressly indicated at the time of purchase, all transactions made through the Solutions are denominated in U.S. dollars. You are solely responsible for ensuring the accuracy of all payment-related information you provide, including credit card, debit card, bank account, or other payment method details. You are also responsible for maintaining the confidentiality and security of your account credentials and payment information. You should not share your payment information with any other person. If your account or payment details are lost, stolen, or accessed without authorization, unauthorized transactions may occur, and you are solely responsible for all activity conducted through your account unless otherwise required by law.

What are EDI’s Rights about Service Modifications and Support?

Modification and Maintenance. At any time, EDI may change, suspend, add to or discontinue some or all of the Solutions with or without telling you. EDI is not liable for any changes, suspension, added or discontinuation of any of the Solutions. EDI has no duty to provide any support or maintenance for the Solutions.

What Requirements Apply to User Content?

User Content.  You are responsible for your User Content (for clarity, including Prompts and Creations). By submitting User Content using the Solutions, you represent and warrant that you have obtained all rights, permissions, and consents necessary to use such User Content. EDI may review User Content but is under no obligation to review all User Content submitted by you. You should not assume that all User Content submitted by you will be reviewed, processed, or examined. If you post something that concerns EDI, EDI may contact the authorities—such as the police or social services.

Conduct. You may not represent or suggest that your User Content is given, sponsored or endorsed by EDI. EDI does not have a duty to backup any User Content unless it must do so by law. Therefore, your User Content may be deleted at any time without prior notice.

Feedback. EDI welcomes your feedback, ideas or suggestions (“Feedback”) about its Solutions. EDI may use your Feedback without any restriction or duty to you, even after you stop using the Solutions, unless the Feedback is protected by FERPA or any Student Data Privacy Laws.

How EDI Uses User Content.

Your User Content stays yours. This Agreement does not give us any rights to your User Content, except as explicitly stated.

When you provide your User Content to EDI through the Solutions (including, for clarity, the AI-Enabled Services), you grant to EDI (and any of its third party service providers) a perpetual, irrevocable, transferable, sublicensable (through multiple tiers), royalty-free, and worldwide license to reproduce, transmit, distribute, display and perform (publicly or otherwise), prepare derivative works based on, and otherwise use and exploit that User Content for any purpose (including to operate, promote, protect and improve our Solutions, and to develop new ones), and in any form or media (now known or later developed). For the avoidance of doubt, this license allows EDI to use your User Content to develop, improve, and train the AI-Enabled Services.

EDI may provide User Content to other entities; however, EDI will require those entities to use the User Content in compliance with the same restrictions that EDI must follow. The license you grant above continues even if you stop using the Solutions. However, EDI will exercise the license to your User Content only to the extent consistent with FERPA and Student Data Privacy Laws.

Enforcement. EDI may, but does not have to, review User Content, and investigate and/or act against you in its sole determination if you violate the Acceptable Use Policy below, any other provision of this Agreement, or otherwise create liability for EDI or any third party. Such action may include revoking your limited license to use the Solutions, removing or changing your User Content, closing your Account and/or reporting you to police or other authorities.

What is EDI’s Acceptable Use Policy?

This Acceptable Use Policy sets out a list of acceptable and unacceptable conduct when downloading, accessing and/or using the Solutions. If EDI believes a violation of the Acceptable Use Policy is deliberate, repeated, or presents a credible risk of harm to other users, EDI’s customers, the Solutions, or any third parties, then EDI may revoke your limited license and suspend or terminate your Account and/or access to the Solutions.

By downloading, accessing and using the Solutions, you agree to:

1. Comply with the terms of this Agreement, including the terms of this Acceptable Use Agreement.
2. Comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws and regulations promulgated by any government agencies.
3. Upload and disseminate only User Content to which you own all required rights under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and do so only consistent with applicable law.
4. Comply in all respects with all applicable terms of the third party applications.
5. Protect your account by:
   • a. Using commercially reasonable efforts to prevent unauthorized access to or use of the Solutions.
   • b. Keeping passwords and all other login information confidential.
   • c. Monitoring and controlling all activity conducted through your account in connection with the Solutions.
   • d. Promptly notifying us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a login, password, or account.

What Rights and Obligations Apply to Interactions with Other Users?

Each person using the Solutions is responsible for all his or her own User Content.  EDI is not responsible for any User Content, whether given by you or by others. EDI makes no promises about the accuracy, suitability, or quality of any User Content or other users’ Creations. Your interactions with other users of the Solutions are only between you and such users. EDI is not responsible for any loss or damage caused as the result of any such interactions. If there is a dispute between you and any user of the Solutions, we are under no duty to become involved. If the dispute is between you and a user of the Solutions and the dispute is made through or arises from a Local School, contact the Local School in which you or the other user of the Solutions is employed or has a student enrolled.

Prohibited Acts and Behaviors. The acts and behaviors prohibited by this Acceptable Use Policy include, but are not limited to, the following:

1. Abusing and Disrupting the Solutions
   • a) Don’t share, transfer, or otherwise provide access to an account designated for you to another person.
   • b) Don’t breach or otherwise bypass any security or authentication measures.
   • c) Don’t attempt to access, tamper with or use nonpublic areas of the Solutions, or areas of the Solutions to which you have not been invited.
   • d) Don’t interfere with or disrupt any user, host or network, for example by distributing harmful programs or apps or overloading, flooding or mail-bombing any part of the Solutions.
   • e) Don’t attempt to reverse engineer, take apart, decompile, hack, disable, interfere with, modify, copy, or disrupt the features, functionality, integrity, or performance of any part of the Solutions (including any mechanism used to restrict or control functionality of the Solutions), any third party use of the Solutions, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law).
   • f) Don’t access, search or create accounts for the Solutions by any means other than our publicly supported interfaces (for example, do not scrape, spider or crawl).
   • g) Don’t take any action that creates an unreasonable (as determined by us) load on systems or the systems of our providers.
   • h) Don’t provide your password to any other person, use any other person’s username and password, or otherwise manage the Solutions through shared credentials.
   • i) Don’t upload, transmit, or distribute to or through the Solutions any computer viruses, worms, or any software meant to damage or change a computer system or data.
   • j) Don’t access the Solutions in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Solutions.
   • k) Don’t use the content in the Solutions to develop software, including but not limited to, using content to train any large language models, machine learning, generative AI, or any other AI enabled technologies.
   • l) Don’t use the Solutions, including any search engines in TP, to search for excessively violent, sexually explicit, pornographic, or obscene content.
2. Spamming and Phishing
   • a) Don’t send spam or other unsolicited communications, promotions or advertisements.
   • b) Don’t send altered, deceptive or false source-identifying information, including phishing or spoofing.
   • c) Don’t place any advertisements within the Solutions.
   • d) Don’t use contact or other user information obtained from the Solutions (including email addresses) to contact other users of the Solutions outside of the Solutions without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for use outside of the Solutions. Don’t probe, scan or test the weaknesses of any system or network.
3. Lying to and Pretending to be Others
   • a) Don’t do or post anything that’s fake or misleading (including, for clarity, by claiming that Creations are human generated when they are not).
   • b) Don’t pretend to be another person, company or entity, including, but not limited to, an employee of EDI, an account administrator with your school of enrollment or employment, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity.
4. Stealing
   • a) Don’t sell, sublicense, time-share or similarly exploit the Solutions unless specifically approved in writing by EDI to do so or publish or use the Solutions on any network or system other than those we provide to you or to your Local School.
   • 5. Infringing, Misappropriating and Violating Rights
   • a) Don’t infringe or misappropriate anyone’s copyright, trademark, trade secret, patent or other intellectual property rights.
   • b) Don’t violate anyone’s privacy or publicity rights.
   • c) Don’t harvest, collect, gather or put together information or data related to other users, including e-mail addresses, without their permission.
   • d) Don’t use, display, mirror, or frame the Solutions, or any individual element within the Solutions, EDI’s name and brand, any of EDI’s trademarks, logos, or other proprietary information, or the layout or design of any page or form contained on a page, or use any meta tags or other hidden text or metadata utilizing a EDI trademark, logo, URL, or product name, without EDI’s express written consent.
5. Harming Others
   • a) Don’t do or post anything threatening, harassing, abusive, excessively violent, offensive, harmful, defamatory, sexually explicit, pornographic, or obscene.
   • b) Don’t promote bigotry, violence, property damage or hatred against any person or group based on their race, ethnicity, nationality, religion, gender, gender identity, sexual preference, age, disability or any other category that is protected by law.
   • c) Don’t bully anyone.
   • d) Don’t use the Solutions in any manner that may harm minors.
6. Breaking the Law
   • a) Don’t use the Solutions in violation of any US export controls, rules or sanctions.
   • b) Don’t do anything that otherwise violates the law, including all local laws about online conduct and acceptable content.
   • c) Don’t provide material support or resources to any organization named by the United States government as a foreign terrorist organization.
   • d) Do not use the Solutions if you are 1) located in, under the control of, or a national or resident of any country to which the U.S. has embargoed goods or (2) a person on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
7. Third Parties
   • a) Don’t authorize, permit, enable, induce or encourage any third party to do any of the prohibited actions above.

What Restrictions Apply to my Use of the AI-Enabled Services? If you use our AI-Enabled Services, you acknowledge and agree that you will not:

1. Use the AI-Enabled Services or any Creations in any manner that infringes upon or otherwise violates any applicable third-party rights or contractual restrictions.
2. Reverse engineer any aspect of the AI-Enabled Services or the Creations, or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of the AI-Enabled Services.
3. Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from EDI’s AI-Enabled Services or from Creations.
4. Use the AI-Enabled Services or Creations to indirectly or directly develop or improve a product or service that is similar to or may compete with the AI-Enabled Services.
5. Sell or resell any aspect of the AI-Enabled Services or any Creations, or otherwise use the AI-Enabled Services or Creations, for any commercial purpose.
6. Use the AI-Enabled Services or Creations in violation of the Acceptable Use Policy.

What is EDI’s Privacy Policy?

This Privacy Policy applies to your use of the Solutions and describes how EDI may collect, use, and disclose personal information from users of the Solutions. By downloading, accessing and using the Solutions, you accept the Privacy Policy.

Laws That Generally Apply to Student Records. EDI complies with laws that protect education records. This includes FERPA and state laws about student records. Other entities can access those records only if allowed by those laws and they agree to keep them confidential as required by those same laws. EDI does not use a student’s PII to target the student for advertising. EDI does not sell a student’s PII. EDI does not illegally create profiles about a student. EDI does not use (unless EDI asks for and receives permission) a student’s PII for purposes unrelated to providing or improving their education where EDI is prohibited from doing so. If any part of this Privacy Policy conflicts with FERPA or other applicable laws, EDI will comply with the standard that provides more protection for the education records.

What Non-Personally Identifiable Information Does EDI Collect? EDI automatically receives Non-PII from your web browser of device connected to the Internet. That includes your IP address (the string of numbers that identifies the advice), the name of the webpage you visited immediately before visiting EDI’s, the page or pages you visit when using our Solutions, and how much time you spend using our Solutions.

How Does EDI Use Non-Personally Identifiable Information? EDI uses Non-PII to monitor and improve the Solutions it provides. EDI also uses Non-PII to study Internet traffic trends, administer the Solutions and gather information. When you use any AI-Enabled Services we may use and retain this information, including inputs or communications you provide when using the AI-Enabled Services to provide the Solutions or to improve the Solutions. If you do not consent to the use or retention of this information, do not use, or discontinue use of EDI’s AI-Enabled Services.

When Does EDI Share Non-Personally Identifiable Information? When allowed by law, EDI may share or sell Non-PII, such as aggregate or de-identified user statistics, demographic information, and usage information with nonaffiliated third parties. EDI may also share Non-PII: (i) when required by law, such as by a court order, (ii) when allowed for law enforcement, health or safety purposes, (iii) for the use of your school records, (iv) for the use of other companies that help EDI provide the Solutions, or (v) where permitted, to protect EDI’s legal rights.

How Does EDI Use “Cookies”? When you use the Solutions, the server creates a piece of text known as a “cookie” to put on your device. The cookie is unique to your browser. It lets the server remember information about your visit. Cookies do not collect PII. EDI uses cookies to follow how you use the Solutions to adapt content accordingly. EDI may use cookies from other companies to provide relevant information to you. These cookies may record that you used the Solutions and the websites you visited immediately before using the Solutions. These cookies can be used to provide relevant information to you on other websites. You can accept or decline cookies. Web browsers have settings allowing you to reject cookies, or selectively accept cookies, or delete cookies previously accepted. If you decline cookies when using the Solutions, you may not be able to see or use the interactive features of the Solutions and some services may not function the way they should.

Does EDI Share Information Collected from Cookies? EDI will not share or sell individual information contained in cookies to any third party, except if required by law or permitted to do so for law enforcement purposes.

What Personally Identifiable Information Does EDI Collect? EDI collects and uses Personally Identifiable Information (“PII”) in order to operate, maintain, and provide access to Tuition Path and to deliver associated Solutions to end users. This includes using PII to enable account creation, generate personalized college-match insights, process user-submitted information, support customer service interactions, and communicate with you about your use of the Solutions.

EDI may use PII you provide to:

• Deliver, customize, and improve the Solutions;
• Generate personalized recommendations and insights based on your academic, demographic, or interest-based information;
• Communicate with you regarding your profile, activity within the Solutions, or updates to your account;
• Respond to customer service inquiries, technical issues, and user-support requests;
• Conduct data analysis, quality assurance, and product-improvement efforts; and
• Comply with legal, regulatory, health, or safety obligations.

EDI may also use PII to protect its own legal rights or to prevent misuse of the Solutions. If required by law, EDI will use or disclose PII in response to a court order, subpoena, or other lawful demand, and may also disclose PII if permitted for law-enforcement, safety, or fraud-prevention purposes.

Where permitted by applicable law, EDI may use your PII to inform you about new features, services, advertisements, or offerings related to the Solutions, and may analyze aggregated or de-identified information to enhance the educational and user experience, develop new Solutions, or understand how Tuition Path may be useful to others.

What Requirements Apply to Users Under the Age of 13?  The Solutions is not intended for children under 13 years of age, and EDI does not knowingly collect or solicit any Sensitive Information or other Personally Identifiable Information (“PII”) from children under 13. Children under the age of 13 are strictly prohibited from creating an account, submitting information, or otherwise using the Solutions.

If EDI learns that it has collected PII or Sensitive Information from a child under 13 without verifiable parental consent, EDI will promptly delete that information. If you believe that a child under the age of 13 may have provided information to EDI, please contact EDI at info@edudyn.com.

By using the Solutions, you represent and warrant that you are 13 years of age or older. If you are 13 through 17 years old, you represent that you have the permission of a parent or legal guardian to use the Solutions.

What Information is Collected About My Communications When Using the Solutions? EDI may have tools or services that help users interact with others using the Solutions such as message boards, chat rooms, video chats, image or screen sharing, or electronic mail. The information you share is not private and may be available to all users of the Solutions. EDI or others may store, display, reproduce, publish, or otherwise use such posts and other User Content, and may or may not attribute it to you. Others may have access to your User Content and may have the ability to share it with third parties. EDI cannot promise privacy of information that you disclose online in public areas or place in private communications with others. Disclosure is at your own risk. EDI reserves the right, but not the duty, to monitor your activity, your communications with others and to publish your posts or interactions in other places on the Internet or in other formats. EDI may, in its sole discretion, use third party service providers to assist with content moderation, and/or support user safety. EDI may use artificial intelligence technologies, including but not limited to, large language models, machine learning models, generative artificial intelligence models, or any other artificial intelligence enabled models to monitor communication or activity when using the Solutions. EDI or any of its third party service providers may, at their discretion, choose to turn over or make content available to the National Center for Missing and Exploited Children (“NCME”), child or human protection agencies or services, law enforcement agencies, if necessary or required by law, and/or other applicable agencies or personnel.

What Happens When I Link to Other Websites When Using the Solutions? The Solutions may link to other third-party services, applications and websites (collectively, “Linked Sites”). Any such links do not suggest that EDI recommends the Linked Sites. The Linked Sites may have their own terms and policies, and your use of them will be ruled by those terms and policies. EDI does not control Linked Sites and is not liable for your access to the Linked Sites. Access to the Linked Sites is at your own risk. Except for Linked Sites that are included in courses, EDI provides access to them only as a convenience to you and does not review or make any representations with respect to Linked Sites.

EDI EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY WEBSITES, WEB PAGES, MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SOLUTIONS, AND YOU AGREE THAT EDI SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY, REGARDLESS OF WHETHER SUCH DEALINGS WERE FACILITATED OR PERFORMED IN CONNECTION WITH THE SOLUTIONS.

What is EDI’s Commitment to Data Security? To reduce the risk of unauthorized access, maintain data accuracy, and secure the correct use of information, EDI uses commercially reasonable physical, electronic, and managerial procedures to protect the information EDI collects. EDI also uses Secure Sockets Layer (“SSL”) protocol on your account information and registration pages to protect personal information. No security system for data is completely secure. Therefore, EDI cannot promise that PII you supply will not be intercepted by others.

What if I Do Not Live in the U.S.? EDI provides the Solutions in the United States. If you are not located in the United States, you are not authorized to use the Solutions and are directed not to do so. If you are located outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By downloading, accessing or using the Solutions, or providing EDI with any information, you fully understand and unambiguously consent to this transfer, processing, and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you are located, reside and/or are a citizen.

How Does EDI Use SMS/Text Message Communications? EDI may offer users the ability to receive text message (SMS) communications through its platforms, including StudentTrac, for operational, administrative, and informational purposes related to educational services. These messages may include, without limitation, school notifications, attendance alerts, scheduling updates, account-related notices, safety or emergency communications, and other non-marketing information directly related to a user’s participation in or use of the Services/Solutions. Users provide affirmative consent to receive SMS messages by voluntarily providing a mobile phone number and opting in through the applicable user interface, form, or feature within EDI’s platforms. Opt-in consent is collected separately and explicitly and is not a condition of purchasing or using core services where prohibited by law. Message frequency may vary based on user activity and system events. Message and data rates may apply, depending on the user’s mobile carrier and plan. Users may opt out of receiving SMS messages at any time by replying “STOP” to any message. For assistance, users may reply “HELP" or contact EDI through the support channels identified on its website. Mobile phone numbers and SMS consent data are used solely for the purposes described above. Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. All categories of information sharing expressly exclude text messaging originator opt-in data and consent; such information will not be shared with any third parties except as required to deliver the messaging services or as required by law. EDI implements reasonable administrative, technical, and physical safeguards designed to protect personal information, including mobile phone numbers, from unauthorized access, use, or disclosure. EDI may use third-party service providers (such as telecommunications or messaging platforms) to deliver SMS communications. These providers are permitted to use personal information only as necessary to perform services on EDI’s behalf and are contractually obligated to protect such information. Mobile carriers are not liable for delayed or undelivered messages.

Will This Privacy Policy Change?

EDI may change this Privacy Policy to be consistent with the law and our practices. EDI reserves the right to do that at any time. EDI will post any changes to this Privacy Policy.

What Should I Do If I Have a Disability and am Concerned About the Accessibility of the Solutions?

EDI is committed to making sure that the Solutions remain accessible to all people, regardless of disability to satisfy the requirements of Title II of the Americans with Disabilities Act of 1190, as amended, and Section 504 of the Rehabilitation Act of 1973. EDI strives to conform to Web Content Accessibility Guidelines 2.0 Level AA of the Web Accessibility Initiative, which has been adopted by Section 508 of the Rehabilitation Act, to provide equitable access to our websites, courses and resources.

All other users experiencing an issue related to the user’s disability when using the Solutions should contact info@edudyn.com.

What Are My Indemnification Obligations to EDI?

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless EDI and its Affiliates, and its and their respective officers, directors, owners, agents, partners, and employees (individually and collectively, the “EDI Parties”) from and against any losses, liabilities, claims, demands, damages, expenses, or costs (including legal fees) (“Indemnification Claims”) arising out of or related to: (a) your breach of the terms of this Agreement; (b) your User Content (including, for the avoidance of doubt, your creation or use of any Creations), (c) your violation (or alleged violation) of applicable law or the rights of any third party; or (e) your use of the Solutions.

How is EDI’s Potential Liability to Me Limited?

All of the below waivers, releases and disclaims of representations, guarantees, conditions and warranties and limitation of liability are provided to the fullest extent permitted by applicable law.

DISCLAIMERS. Your use of the Solutions and any content or materials provided therein or therewith (including any User Content and any third-party content or materials) is at your sole risk. Except as otherwise provided in writing by EDI and to the fullest extent permitted under applicable law, the Solutions are provided to you “as is” and “as available” without warranties, either express or implied. EDI disclaims all representations, guarantees, conditions and warranties in connection with the Solutions including, without limitation, any implied representations, guarantees, conditions or warranties of merchantability, fitness for a particular purpose, title, non-infringement, or accuracy of informational content, and any representations, guarantees, conditions or warranties arising from any course of dealing, law, usage, or trade practice, or related to the performance or nonperformance of the Solutions. EDI and the EDI Parties do not represent or warrant to you that the Solutions (including, for clarity, the Creations) are or will be: (a) timely, available, reliable, current, uninterrupted, secure or error-free; (b) able to be corrected of any defects; (b) meet your requirements, expectations, or be of satisfactory quality; or (c) be free from viruses or other harmful components or content or materials. EDI makes no warranty regarding any software, product or service provided by any third-party. You assume all responsibility and risk for your use of the Solutions and your reliance thereon. No opinion, advice or statement on or related to the Tuition Path or its affiliates, licensors, suppliers, advertisers, sponsors, agents members or visitors, whether made on the Solutions shall create any warranty. Your use of the Solutions and any materials provided through the Solutions are entirely at your own risk.

A possibility exists that the Solutions or materials could include inaccuracies or errors, or information or materials that violate these Terms of Use. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Solutions. Although EDI attempts to ensure the integrity of the Solutions, EDI makes no guarantees as to the Solutions’s completeness or correctness. In the event that a situation arises in which the Solutions’s completeness or correctness is in question, please contact EDI with, if possible, a description of the material to be checked and the location (URL) where such materials can be found on the Solutions, as well as information sufficient to enable us to contact you. EDI will try to address your concern as soon as reasonably practicable.

LIMITATION OF LIABILITY. To the fullest extent permitted under applicable law, (a) the EDI Parties will not be liable to you under any theory of liability – whether based in contract, tort, negligence, strict liability, warranty, or otherwise – for any indirect, direct, special, incidental, exemplary, punitive or consequential damages of any kind including any loss of profits, revenue, goodwill, business, privacy, data, software, application, other financial loss, or other intangible losses and any damages related to your access to, use of or inability to access or use the Solutions of any part of the Solutions and any damages related to loss or corruption of any content or data, including User Content, regardless of whether EDI has been advised of the possibilities of such damages; and (b) the total liability of the EDI Parties for any claim arising out of or relating to this Agreement, regardless of the form of the action, is limited to fifty U.S. Dollars ($50). The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of EDI or of the EDI Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Certain jurisdictions and laws may not permit some or all of the disclaimers of liability set forth in this Agreement. In the event that such a jurisdiction or law applied to the subject matter of this Agreement, the foregoing disclaimers will apply to the maximum extend permitted under applicable law.

What Happens When My Account is Terminated?

The terms of this Agreement are in full force and effect while you use the Solutions.  EDI may suspend or revoke your limited license to use the Solutions (including your Account) at any time for any reason at our sole discretion.  If that happens, your Account and limited license to access and use the Solutions will end immediately.  EDI is not responsible to you for any ending of your limited license to use the Solutions under this Agreement.

What Should I Do If I Have Concerns About Copyrights or Intellectual Property?

EDI respects the intellectual property of others and asks that users of the Solutions do the same.  If you believe that any user of the Solutions is using the Solutions to illegally violate the copyright(s) in a work, please provide EDI with all of the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
2. A description of the copyrighted work or other intellectual property that you claim has been infringed.
3. A description of where the material that you claim is infringing is located in the Solutions.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

For notice of claims of copyright or other intellectual property infringement, EDI can be reached as follows:

Education Dynamics, Inc.

Attn: Education Dynamics Inc.

320 N. Halstead Street, Suite 150

Pasadena, CA 91107

E-mail: info@edudyn.com

What Laws Apply and How Are Disputes Resolved?

Governing Law and Location for Solving Disputes. All disputes related to the terms of this Agreement or to the use of the Solutions are governed by the laws of the State of California, except for its conflicts of law terms. The exclusive location for any claim or action related to the terms of this Agreement or the use of the Solutions is the federal or state courts having jurisdiction in Los Angeles County, California. You agree to personal jurisdiction in those courts. You agree that that location is not inconvenient.

Informal Resolutions. Before filing a claim against EDI, you agree to try to resolve the dispute by first emailing info@edudyn.com with a description of your claim. EDI will try to resolve the dispute informally by following up via email, phone or other methods. If the dispute cannot be resolved within thirty (30) days of EDI’s receipt of your first email, you or EDI may then bring a formal proceeding as described below.

Binding Arbitration.  Please read this Arbitration Agreement carefully. It is part of your contract with EDI and affects your rights.  Any dispute or claim relating in any way to this Agreement (including to the validity and enforceability of the Agreement) or the Solutions will be solved by binding and confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the Agreement as a court would. The arbitration will be conducted in English by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitration will be held before one arbitrator and that person will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. We each agree that any dispute reSolutions proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both give up any right to a jury trial. We also both agree that you or EDI may bring a suit in court to enjoin infringement or other misuse of intellectual property rights.

What Other Provisions Apply?

California Disclosure. EDI is located at 320 N. Halstead Street, Suite 150, Pasadena, CA 91107. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications. The communications between you and EDI are through electronic means, whether you use the Solutions or send us emails, or whether EDI posts statements on the Solutions or communicates with you via emails. For contractual purposes, you (a) agree to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were written in a hardcopy.

Entire Agreement/Waivers/Third Parties. This Agreement contains the entire agreement between you and EDI regarding the use of the Solutions. Any exception of any of the terms of this Agreement is only valid if it is in writing and signed by an executive of EDI. This Agreement is between you and EDI. No other person or entity has any rights to enforce any of the terms of this Agreement.

Severability. If any provision of the Agreement is unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.

Assignment. You may not transfer any of your rights and obligations under this Agreement, and any attempt to do so is void. EDI may transfer its rights under this Agreement to any of its Affiliates, or to any successor in interest of any business connected with the Solutions.

Copyright/Trademark Information. Copyright © 2024 Education Dynamics, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed in the Solutions are our property or the property of other third parties under a license with us. You are not permitted to use these Marks without our prior written permission or the prior written permission of the third party that owns the Marks.

Modifications. EDI may change the terms of this Agreement including, but not limited to, the Acceptable Use Policy and Privacy Policy, and will post the most current version on  https://edudyn.com/privacy-policy-2/. Please check back on a regular basis. By continuing to use or access the Solutions after any changes come into effect, you agree to be bound by the changed terms. If you disagree with any of the changes, do not continue to use the Solutions.