Terms of Service

1. Definitions

• "Services" — the AttendEase attendance tracking platform, camera hardware, software, and related support.
• "Customer" or "You" — the school, school district, or educational institution subscribing to AttendEase.
• "Users" — teachers, administrators, parents, students, and other authorized people who access the platform.
• "Student Data" — any information relating to students collected through the Services, including biometric data and attendance records.
• "Biometric Data" — facial embeddings, enrollment photos, and other biometric identifiers used for facial recognition.

2. What AttendEase Provides

AttendEase is a facial recognition attendance tracking system for K-12 schools. The platform includes:

• Automated attendance tracking using classroom cameras with facial recognition
• Alternative check-in methods (QR codes, badge scanning, manual teacher entry)
• Attendance reporting and analytics for teachers, administrators, and parents
• Integration with student information systems (SIS) via OneRoster
• A parent portal for viewing children's attendance
• Camera hardware and setup support (where applicable)
• Technical support and maintenance

3. Customer Responsibilities

3.1 Consent & Authorization

As the Customer, you agree to:

• Obtain written parental/guardian consent before enrolling students in the facial recognition system
• Provide clear notice to parents about what biometric data is collected and how it's used
• Keep records of consent and share them with AttendEase upon request
• Notify us promptly when consent is withdrawn so we can delete the relevant data
• Ensure your use of AttendEase complies with applicable federal, state, and local privacy laws

3.2 Account Security

You agree to:

• Keep account credentials confidential
• Promptly disable access for staff who leave or change roles
• Notify us immediately if you suspect unauthorized access
• Use strong passwords for all accounts

3.3 Acceptable Use

You agree not to:

• Use AttendEase for any unlawful purpose
• Attempt to reverse engineer, decompile, or disassemble the software
• Share access credentials with unauthorized people
• Use the system to discriminate against any individual
• Interfere with or disrupt the platform
• Export biometric data except as expressly permitted

4. Data Ownership & Rights

4.1 Your Data

You own your Student Data. We process it on your behalf and according to our Privacy Policy. We do not claim ownership over any student information, attendance records, or biometric data.

4.2 Our Property

AttendEase retains all rights to the platform, software, algorithms, and any improvements we make. These Terms don't transfer any intellectual property rights to you.

4.3 Anonymized Data

We may use anonymized, aggregated data that cannot identify any individual to improve our services. This data will never include biometric templates, photos, or personally identifiable information.

5. Service Level & Support

5.1 Availability

We work to keep the platform available during school hours and will provide advance notice of any planned maintenance. As we're currently in beta, specific uptime guarantees may be addressed in your individual Service Agreement as the product matures.

5.2 Support

Technical support is available during business hours (8 AM - 6 PM MT, Monday-Friday) via email. Support terms may vary based on your Service Agreement.

6. Payment Terms

If your Service Agreement includes fees:

• Fees are as specified in your Service Agreement
• Payment is due within 30 days of invoice
• Prices may be adjusted with 60 days' written notice
• Customer is responsible for applicable taxes

7. Warranty & Disclaimer

7.1 Limited Warranty

We warrant that AttendEase will perform substantially as described in our documentation. Camera hardware is warranted for the period specified in your Service Agreement.

7.2 Disclaimer

EXCEPT AS STATED ABOVE, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATTENDEASE'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

ATTENDEASE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, REVENUE, OR PROFITS.

9. Indemnification

You agree to indemnify and hold harmless AttendEase from claims arising from: (a) your breach of these Terms; (b) failure to obtain required consents; (c) violation of applicable laws; or (d) unauthorized use of the Services by your users.

10. Term & Termination

10.1 Term

These Terms apply for the duration specified in your Service Agreement. Unless either party gives 60 days' written notice of non-renewal, agreements automatically renew for successive one-year terms.

10.2 Termination for Cause

Either party may terminate immediately with written notice if the other party materially breaches these Terms and doesn't fix it within 30 days of being notified.

10.3 What Happens After Termination

When the agreement ends: (a) your access to AttendEase will be disabled; (b) all Student Data and biometric data will be securely deleted within 30 days; (c) you may request an export of attendance records before termination takes effect.

11. Confidentiality

Both parties agree to keep non-public information confidential — including pricing, technical details, and business strategies disclosed during this agreement. Confidential information may only be shared as required by law.

12. Compliance with Laws

AttendEase is designed to support compliance with FERPA, COPPA, BIPA, and applicable state student privacy laws. You are responsible for ensuring your use of the platform complies with your local policies and applicable laws. See our Compliance page for more detail on our approach.

13. Changes to These Terms

We may update these Terms with at least 30 days' notice. Material changes that affect your rights will be communicated directly. Continued use of the platform after changes take effect means you accept the updated Terms.

14. General Provisions

• Governing Law: These Terms are governed by the laws of the State of Utah.
• Dispute Resolution: Any disputes will be resolved through binding arbitration in Utah County, Utah.
• Severability: If any provision is found unenforceable, the remaining provisions stay in effect.
• Entire Agreement: These Terms, together with your Service Agreement and our Privacy Policy, make up the entire agreement.
• Assignment: You may not assign these Terms without our written consent.
• Force Majeure: Neither party is liable for delays caused by circumstances beyond reasonable control.

15. Contact Information