Terms & Conditions

SchoolBI™ TERMS AND CONDITIONS OF USE

Welcome to the schoolbi.com website, including the services SchoolBI makes available through SchoolBI™ (the “Sites”), and any other software or services offered by SchoolBI in connection with any of those (“Services”) which are owned and operated by SchoolBI, Inc (“SchoolBI,” “we,” or “us”). These Terms and Conditions of Use (“Terms and Conditions”) set forth the mutual agreement between SchoolBI™ and you as to your rights and responsibilities when you access or use the Sites.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITES.

ACCEPTANCE; SCOPE

By accessing or using the Sites or Services, you signify your assent to these Terms and Conditions. If you are registering for or using the Sites on behalf of an organization, you are agreeing to these Terms and Conditions for that organization and promising that you have the
authority to bind that organization to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, or any of the terms and conditions in the SchoolBI™ Privacy Policy, you should not access or use the Sites in any way and should immediately exit the Sites.
You must be at least 13 years old to use the Sites. If you are under 13 years of age, you are not authorized by us to use the Sites.

SchoolBI may revise and update these Terms and Conditions at any time, by posting amended Terms and Conditions on the Sites. If you do not consent to these Terms and Conditions, as revised, you should not access or use the Sites in any way and should immediately exit the
Sites. Your continued usage of the Sites will mean you accept those changes and agree to be bound by the revised Terms and Conditions.

You agree your purchase and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made bySchoolBI or any of its affiliates regarding future functionality or features.

The Sites may contain links to third-party websites not owned by SchoolBI. SchoolBI has no control over, and assumes no responsibility for, the content, practices or policies (including privacy policies) of any such third parties. By using the Sites, you expressly release SchoolBI
from any and all liability arising from your use of any third-party website.

THE SITES AND SERVICES DO NOT PROVIDE LEGAL OR FINANCIAL ADVICE

The contents of the Site, including text, graphics, images, videos, presentations, and material contained on or obtained from the Sites (the “Content”), are for informational and educational purposes only. THE CONTENT ON THE SITES ARE NOT INTENDED TO BE A SUBSTITUTE
FOR LEGAL OR FINANCIAL ADVICE. SchoolBI does not recommend or endorse any specific products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Sites are solely at your own risk.

YOUR ACCOUNT

In the course of registering for or using the Services, you may be required to provide SchoolBI with certain information, including your name, contact information, username and password (“Credentials”). SchoolBI handles such information with the utmost attention, care and security.
Nonetheless, you, not SchoolBI, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information or other information relating to your account changes, you must notify SchoolBI promptly and keep such information
current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify SchoolBI of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that
someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify SchoolBI immediately.

CONTENT

A variety of information, data, messages, comments, posts, text, graphics, software, photographs, videos, data, reviews, recommendations, and other materials may be made  available through the Services by SchoolBI or its suppliers (“Content”). While SchoolBI strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, SchoolBI cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will SchoolBI be liable in any way for any such Content.

You acknowledge that you may also be able to create, publish or display information (such as watchlists) through use of the Services. All such information is referred to below as “User Content.” You agree that you are solely responsible for your User Content, and for the consequences of your actions (including any loss or damage which SchoolBI may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services. SchoolBI may refuse to store, provide, or otherwise maintain your User Content for any or no reason. SchoolBI may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, SchoolBI may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that SchoolBI has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services. SchoolBI reserves the right (but shall have no obligation) to monitor and remove User
Content from the Services, in its discretion. You agree to immediately take down any User Content that violates these Terms, including pursuant to a takedown request from SchoolBI. In the event that you elect not to comply with a request from SchoolBI to take down certain User Content, SchoolBI reserves the right to directly take down such User Content. By submitting, posting or otherwise uploading User Content on or through the Services you give SchoolBI a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content for the purpose of enabling SchoolBI to provide you with the Services, and for the limited purposes stated in our Privacy Policy.

Notwithstanding anything to the contrary, you agree to give SchoolBI a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any queries that you submit through the Services.

LIMITED LICENSE; USE OF CONTENT

SchoolBI grants you a limited, non-exclusive, non-transferable, revocable subscription to access and make personal use of SchoolBI’s Services made available through the Sites and the Content, in accordance with these Terms and Conditions. For avoidance of doubt, this subscription does not include any rights regarding resale or commercial or derivative use of the Services or the Content. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Services or the Content to anyone without SchoolBI’s express prior written consent.

All Content posted on the Sites is protected by applicable copyright and trademark laws. SchoolBI authorizes you to view or download a single copy of the Content on the Sites solely for your personal, non-commercial use, provided that you do not remove any copyright, trademark
or other proprietary rights notices contained in or displayed on any portion of the Content (for example: “© SchoolBI, Inc 2022. All rights reserved”).

SchoolBI, and its licensors, vendors and partners, retain all trademark, copyright and other intellectual property rights in any Content provided by SchoolBI and appearing on the Site. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these
Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the sole discretion of SchoolBI. All rights not expressly granted herein are reserved to SchoolBI.

If you violate any of these Terms and Conditions, your license to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

PRICING TERMS
Subject to the Terms, the Services are provided to you without charge up to certain usage limits and functionalities, and usage in excess of these limits or outside of these functionalities will require purchase of additional resources and the payment of fees. Please see SchoolBI Fuel’s Pricing Terms at https://schoolbi.com/plans for details regarding pricing for the Services. Payment is required at the start of the subscription term. No refunds will be processed to a customer in the event of early cancellation.

CODE OF CONDUCT

In accessing or using the Sites, you agree that you will not: defame, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ moral, privacy or publicity rights; impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information; violate any applicable laws or regulations; spam, hack into or deface the Sites, or transmit any Content that contains any viruses, worms, trojan horses, defects, or other destructive items; circumvent, disable or otherwise interfere with security features of the Sites; harm or exploit minors; or use the Sites for any commercial, advertising or solicitation uses or collect any personally identifiable information about others.

TERMINATION

SchoolBI may terminate, suspend, or disable your access and use of the Sites (or any part thereof) if SchoolBI determines, in its sole discretion, that you have violated any provision of these Terms and Conditions. Upon termination, all licenses granted by SchoolBI will terminate automatically and immediately.

You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds for the remaining subscription period but no further charges will occur.

DISCLAIMERS

Your use of the Sites and the Content is at your own risk.

When using the Sites, information will be transmitted over a medium that may be beyond the control and jurisdiction of SchoolBI and its suppliers. Accordingly, SchoolBI assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

The Sites and the Content are provided on an “as is” and on an “as available” basis. SchoolBI, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE SITE, THE CONTENT, AND YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, SchoolBI expressly disclaims, and assumes no liability or responsibility for, any: (1) errors, omissions, or inaccuracies of the Content; (2) personal injury or tangible or intangible property damage or loss of any nature whatsoever resulting from your
access to or use of the Site; (3) unauthorized access to or use of the Site; (4) interruption or cessation of transmission to or from the Site; or (5) bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Site.

SchoolBI, its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, or timeliness of the Sites or the Content, software, links, or communications provided on or through the use of the Sites or SchoolBI. The satisfaction of any government regulations with regard to the Content contained on the Sites.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall SchoolBI be liable for any damages (including, without limitation, direct, indirect, incidental, special, punitive, or consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or
business interruption) resulting from (1) the use of or inability to use the Sites or the Content, (2) errors, omissions, or inaccuracies of the Content, (3) tangible or intangible property damage or loss of any nature whatsoever resulting from your access to or use of the Site, (3) any
unauthorized access to or use of our servers and/or any and all personal information stored on such servers, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses or the like which may be transmitted to, by or through the Site, or (6) any
loss or damage or any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available through the Site, whether based on warranty, contract, tort, or any other legal theory and whether or not SchoolBI is advised of the possibility of such
damages. SchoolBI shall not liable for any personal injury caused by your use or misuse of the Sites or Content.

Without limiting the foregoing, in no event shall SchoolBI be liable for damages incurred by you exceeding U.S. $1,000 irrespective of fault or negligence. In consideration of your use of the Sites you hereby waive and release SchoolBI from any such claim for damages. Any claims
arising in connection with your use of the Sites or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and
Conditions.

FEEDBACK
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction
and will not place SchoolBI under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.

GOVERNING LAW; JURISDICTION

These Terms and Conditions are governed by the laws of the State of New Hampshire, without respect to its conflict of laws principles. SchoolBI is located in City of Manchester, in the State of New Hampshire, in the Country of the U.S. You expressly agree that exclusive jurisdiction for any dispute with SchoolBI, or in any way relating to your use of the Site, resides in the courts of the State of New Hampshire and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Hampshire in connection with any such dispute including any claim involving SchoolBI or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and Content providers.

GENERAL

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

These Terms and Conditions and the SchoolBI Privacy Policy constitute the entire agreement between you and SchoolBI with respect to the Sites and Content.

If you have any questions, please contact us via email at contact@schoolbi.com.