Terms of Service

Socrademy: Terms of Service

1. Introduction and Scope of Services

1.1. Agreement:

"This Socrademy Terms of Service ("Agreement") governs your access to and use of Socrademy's educational platform and related resources and content, ("Services") when used in conjunction with Google for Education accounts. By accessing or using the Services, you, either as an educational institution ("Institution") or an authorized user ("User"), agree to be bound by this Agreement. If you do not agree, do not use the Services."

"This Agreement incorporates by reference Socrademy's Privacy Policy, which details our data practices."

1.2. Services Description:

"Socrademy provides an educational web application that integrates with Google for Education to facilitate collaborative learning and assessment assessment by and for users..The Services enable Institutions and Users to create, distribute, and validate authentic learning experiences."

"The Services utilize Google for Education APIs, and thus are also subject to Google's applicable Terms of Service and Privacy Policies."

1.3. User Roles:

"This Agreement applies to Institutions, including school districts, schools, and teachers, and to Users, including students, teachers, and administrators, who access the Services through Google for Education accounts."

2. Account Registration and User Responsibilities

2.1. Account Creation:

"Access to Socrademy is granted through Google for Education accounts. Institutions are responsible for managing User accounts within their Google for Education domain."

"Minimum age to use Socrademy is 13 years old. If a user is under 13, the institution must obtain verifiable parental consent before allowing the student to use Socrademy."

2.2. User Responsibilities:

"Users are responsible for maintaining the confidentiality of their Google for Education credentials."

"Users agree to use the Services in compliance with all applicable laws, including but not limited to COPPA, FERPA, and PPRA."

"Users agree not to engage in any prohibited conduct, including but not limited to: cheating, harassment, or the creation, distribution, and/or consumption of harmful content."

"Users must adhere to the acceptable use policies established by their institution."

2.3. Institution Responsibilities:

"Institutions are responsible for obtaining appropriate consent from parents or guardians for students under 18 to use Socrademy."

"Institutions are responsible for ensuring that their use of Socrademy complies with all applicable laws and regulations."

"Institutions are responsible for the administration of user accounts, and for the actions of their users."

3. Data Privacy and Security

3.1. Data Collection and Use:

"Socrademy collects and processes personal information as described in our Privacy Policy. This includes information accessed through Google for Education APIs, such as [List specific data types, e.g., name, email address, class rosters, etc.]."

"Socrademy will only use data collected for the purposes of providing the services, and for improving the services."

"Socrademy will not sell student data to third parties."

3.2. COPPA Compliance:

"Socrademy does not knowingly collect personal information from children under 13 without verifiable parental consent, or as authorized by the educational institution acting as an agent of the parent."

"If a school provides consent for a student under 13 to use Socrademy, Socrademy will only use the data to provide educational services to that student."

3.3. FERPA Compliance:

"Socrademy recognizes that student education records are protected by FERPA. We will act as a "school official" under FERPA and will only access and use education records as authorized by the Institution."

"Socrademy will maintain the confidentiality of student education records and will not disclose them to third parties without proper authorization, except as required by law."

3.4. PPRA Compliance:

"Socrademy will not require students to disclose sensitive information protected by PPRA without prior written consent from parents or guardians, or as permitted by PPRA exceptions."

"Any surveys or data collection activities that involve sensitive information will be conducted in accordance with PPRA requirements, including providing parents with opt-out options."

3.5. Data Security:

"Socrademy implements industry-standard security measures to protect personal information from unauthorized access, use, or disclosure. However, no internet transmission is completely secure."  

"Socrademy will notify institutions in the event of a data breach that affects student data."  

3.6. Google for Education Integration:

"Socrademy's use of Google for Education APIs is subject to Google's API Services User Data Policy. We will only use data accessed through these APIs for authorized purposes."

"Socrademy will not use Google for Education data for advertising purposes."

4. Intellectual Property

4.1. Ownership of Socrademy Intellectual Property:

"Socrademy owns and retains all right, title, and interest in and to the Services, including but not limited to all software, code, algorithms, user interfaces, documentation, graphics, logos, trademarks, and other intellectual property rights therein ("Socrademy IP"). This includes any modifications, enhancements, or derivative works of the Socrademy IP."

"No rights or licenses are granted to Users or Institutions except as expressly stated in this Agreement."

4.2. User-Generated Content:

"Users retain ownership of any content they create or upload to the Services ("User Content"). However, by uploading User Content, Users grant Socrademy a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for the purpose of providing and improving the Services."  

"Institutions are responsible for ensuring that User Content uploaded by their Users complies with applicable laws, including copyright and intellectual property laws."

"Socrademy reserves the right to remove or disable access to any User Content that violates this Agreement or infringes upon the intellectual property rights of others."

4.3. Trademark and Copyright Notices:

"Users and Institutions shall not remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed within the Services."

"All trademarks, service marks, and trade names of Socrademy used in the Services are the property of Socrademy or its licensors."

4.4. Feedback and Suggestions:

"Any feedback, suggestions, or ideas provided by Users or Institutions regarding the Services ("Feedback") shall be deemed to be non-confidential and shall become the sole property of Socrademy. Socrademy shall be entitled to use and exploit such Feedback for any purpose, without any obligation to compensate the providing party."

4.5. Third-Party Content:

"The Services may contain links to or integrate with third-party websites or services. Socrademy does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services."  

"Any third party content provided through the services is provided with the permission of the content owner. Users must adhere to the third parties terms of service."

5. Termination and Suspension

5.1. Termination by Institution:

"Institutions may terminate their use of the Services at any time by providing written notice to Socrademy. Termination shall become effective upon receipt of such notice or as otherwise specified in the notice."

"Upon termination, Institutions are responsible for retrieving any User Content they wish to retain, subject to any data retention policies agreed upon with Socrademy."

5.2. Termination by Socrademy for Cause:

"Socrademy may terminate or suspend an Institution's or User's access to the Services immediately and without notice for any of the following reasons ("Cause"):

Violation of this Agreement, including but not limited to breach of data privacy obligations, unauthorized access, or misuse of the Services.

Failure to pay any fees owed to Socrademy.

Engaging in conduct that is harmful to Socrademy, other Users, or the integrity of the Services.

Violation of any applicable laws or regulations."

"Socrademy will provide a written notice of termination that details the reason for the termination."

5.3. Termination by Socrademy for Convenience:

"Socrademy may terminate this agreement or any provided service for any reason, with a 30 day written notice."

5.4. Suspension of Services:

"Socrademy may temporarily suspend access to the Services for maintenance, security reasons, or to investigate suspected violations of this Agreement. Socrademy will make reasonable efforts to provide notice of any planned suspension."

5.5. Effect of Termination:

"Upon termination, all licenses granted under this Agreement shall immediately cease."

"Institutions and Users shall immediately cease all use of the Services."

"Socrademy will adhere to the institutions direction regarding the deletion or return of any student data, in compliance with FERPA, and other applicable laws."

"Sections relating to intellectual property, confidentiality, disclaimer, limitation of liability, governing law, and dispute resolution shall survive termination of this Agreement."

5.6. Data Retention and Deletion:

"Socrademy's data retention and deletion policies are described in the Privacy Policy. Upon termination, Socrademy will comply with the institution's directives regarding data deletion or export, within a reasonable time frame."

6. Disclaimer and Limitation of Liability

6.1. Disclaimer:

"The Services are provided "as is" and "as available," without warranties of any kind."

6.2. Limitation of Liability:

"Socrademy will not be liable for any indirect, incidental, consequential, or punitive damages."

7. Governing Law and Dispute Resolution

7.1. Governing Law:

"This Agreement and any disputes arising out of or related to this Agreement or the Services shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of law principles. In the event of a conflict between state and federal law, federal law shall prevail."  

"Specifically, this agreement is intended to comply with, and shall be interpreted in accordance with, the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), and the Protection of Pupil Rights Amendment (PPRA), and any relevant state laws regarding student data privacy."  

7.2. Informal Dispute Resolution:

"Prior to initiating any formal legal proceeding, the parties agree to make a good faith effort to resolve any disputes informally. Either party may initiate informal dispute resolution by providing written notice to the other party, describing the nature of the dispute and the desired resolution. The parties shall then engage in good faith negotiations for a period of thirty (30) days, unless extended by mutual written agreement."  

7.3. Binding Arbitration:

"If the parties are unable to resolve the dispute through informal dispute resolution, any unresolved dispute arising out of or relating to this Agreement or the Services shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, or its Consumer Arbitration Rules, if applicable, then in effect, except as modified by this section."  

"The arbitration shall take place in Manchester, NH, or, if mutually agreed, via remote video conference. The arbitration shall be conducted by a single neutral arbitrator with experience in education technology and data privacy law."

"The arbitrator shall have the authority to award any remedies available under applicable law, including injunctive relief and specific performance, but shall not have the authority to award punitive damages."

"The arbitrator's decision shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof."  

7.4. Class Action Waiver:

"To the fullest extent permitted by applicable law, the parties agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class, consolidated, or representative action. The parties waive any right to participate in a class action lawsuit or class-wide arbitration."  

7.5. Injunctive Relief:

"Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent the unauthorized disclosure of confidential information. Such injunctive relief may be sought prior to, during, or following any arbitration proceeding."  

7.6. Attorneys' Fees:

"In any arbitration or legal proceeding arising out of or relating to this Agreement, Socrademy, if being found as the prevailing party, shall be entitled to recover its reasonable attorneys' fees and costs."

8. Changes to this Agreement

"Socrademy may update this Agreement from time to time. We will provide notice of any material changes."

9. Contact Information

For specific inquiries and/or clarification, please email support@socrademy.com