Terms of Service

By accessing or using Bright Grades (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Platform on behalf of a school or district, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Platform. These Terms apply to all users including teachers, students, parents, administrators, and district staff.

Bright Grades grants you a limited, non-exclusive, non-transferable license to use the Platform for its intended educational purposes. You agree to:

• Use the Platform only for lawful educational purposes. • Keep your login credentials secure and not share them with others. • Not attempt to access another user's account or data without authorization. • Not use the Platform to transmit spam, malware, or harmful content. • Not reverse-engineer, decompile, or attempt to extract the source code of the Platform. • Not use automated tools to scrape, crawl, or extract data from the Platform without written permission.

Schools are responsible for ensuring that all users within their organization comply with these Terms.

Schools and districts are responsible for all activity that occurs under their accounts. This includes:

• Creating and managing user accounts accurately and in accordance with applicable law. • Ensuring students under 13 are enrolled through the school's administrator account, not self-registered. • Promptly deactivating accounts for staff or students who leave the school. • Maintaining the accuracy of roster data, class assignments, and grade records.

Bright Grades is not responsible for losses resulting from unauthorized access caused by a user's failure to keep credentials secure.

Access to Bright Grades is provided on a subscription basis. Subscription fees are billed monthly or annually depending on the plan selected.

• All fees are non-refundable except as required by law or as explicitly stated in your school's agreement. • Bright Grades reserves the right to change pricing with 30 days' notice to the account administrator. • Non-payment may result in suspension of access. Schools have 14 days after a missed payment to resolve the balance before suspension. • District plans are governed by a separate agreement and may have different billing terms.

For billing questions, contact brightgrades@gmail.com.

Bright Grades and its licensors own all intellectual property rights in the Platform, including software, design, branding, and AI-generated content templates.

• Content you or your students create on the Platform (lesson plans, assignments, grades, reports) remains the property of the school. • AI-generated content produced through the Platform may be used by your school for educational purposes without restriction. • You may not reproduce, distribute, or create derivative works from Bright Grades software, design elements, or branding without written permission.

Student data is governed by our Privacy Policy and applicable law, including FERPA and COPPA. Key points:

• Schools retain ownership and control of all student data entered into the Platform. • Bright Grades processes student data only as directed by the school and as necessary to provide the service. • We will never sell, rent, or share student data with third parties for advertising or commercial purposes. • Upon request, we will assist schools in exporting or deleting student data in accordance with our Privacy Policy.

Bright Grades aims to provide reliable, high-availability service. However:

• We do not guarantee uninterrupted access to the Platform. Scheduled maintenance windows will be announced in advance where possible. • District plan subscribers are covered by an SLA (Service Level Agreement) with specific uptime guarantees detailed in their contract. • Bright Grades is not liable for downtime caused by internet service providers, third-party infrastructure, or circumstances outside our control.

For platform status updates, contact brightgrades@gmail.com.

To the maximum extent permitted by law, Bright Grades and its affiliates, officers, employees, and agents will not be liable for:

• Indirect, incidental, or consequential damages arising from your use of the Platform. • Loss of data due to user error, unauthorized access, or circumstances outside our control. • Decisions made by school administrators, teachers, or parents based on data displayed on the Platform.

Our total liability to any school or user shall not exceed the amount paid by that school in the 12 months preceding the claim.

Either party may terminate access to the Platform:

• Schools may cancel their subscription at any time by contacting brightgrades@gmail.com. Access continues through the end of the current billing period. • Bright Grades may suspend or terminate accounts that violate these Terms, with or without notice depending on the severity of the violation. • Upon termination, schools may export their data within 90 days before it is permanently deleted.

Termination does not relieve schools of any outstanding payment obligations.

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in California, except that either party may seek injunctive relief in any court of competent jurisdiction.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

We may update these Terms from time to time. When we do:

• We will post the updated Terms with a revised effective date. • For material changes, we will notify school administrators by email at least 14 days before the changes take effect. • Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

If you have questions about any change, contact us at brightgrades@gmail.com.