Additional Terms of Use

Cingletree Additional Terms of Use For Subscribers

Effective Date: July 13, 2019
Last Updated: July 13, 2019

Welcome to Cingletree's Additional Terms of Use for Subscribers (the "Additional Terms for Subscribers"). If you are a Subscriber, please also review our General Terms of Use ("Terms of Use") and our Privacy Policy. If you're not a Subscriber (as defined in the Terms of Use), these Additional Terms for Subscribers do not apply to you.

Capitalized terms that are not defined below have the definitions given them in the Terms of Use.

By using the Services, you authorize us to access data, Student Data, and other information related to your subscription.

SECTION 1. KEEPING YOUR STUDENT DATA CONFIDENTIAL (THIS IS VERY IMPORTANT TO US) AND COMPLYING WITH APPLICABLE LAWS

We treat your Student Data as confidential and do not knowingly share it with third parties other than as described in Section 2(B) and in the Terms of Use and our Privacy Policy.

Both parties agree to uphold their responsibilities under the Family Educational Rights and Privacy Act ("FERPA"), the Protection of Pupil Rights Amendment ("PPRA"), and the Children's Online Privacy and Protection Act ("COPPA"). We provide the Services under the school official exception of FERPA 34 CFR Part 99.31(a)(1). The Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain clear and verifiable parental consent before collecting personal information from children under 13. You represent and warrant that you have the authority to provide consent on behalf of parents, for us to collect information from students before allowing children under 13 to access our Services. We recommend that all Subscribers provide appropriate disclosures to students and parents regarding their use of service providers such as Cingletree and that they provide a copy of our Privacy Policy to parents and guardians.

SECTION 2. AUTHORIZATION TO ACCESS YOUR STUDENT DATA

A. OUR ACCESS

You authorize us to access Student Data stored in your account. We will access and process Student Data only in order to provide the Services. As between us, you own all right, title and interest to all Student Data, you are (and other Subscribers are) solely responsible for any and all Student Data, whether provided by you, students, or others, and we do not own, control, or license Student Data, except to provide the Services.

B. THIRD PARTY ACCESS

We provide access to Student Data only to those employees and certain trusted service providers who have a legitimate need to access such information in connection with providing the Services to you. Of course, anyone involved in the handling of Student Data will treat such data as strictly confidential and shall not redisclose such data except as necessary in order to provide the Services. We will maintain access log(s) that record all disclosures to third parties of access to Student Data within our possession and will provide copies of those access log(s) to you upon request.

C. OTHER ACCESS

Student Data is controlled by Subscribers. Parents, legal guardians, and students can ask for their Student Data via their Subscribers.

SECTION 3. HOW WE USE YOUR STUDENT DATA

A. IN GENERAL

By submitting Student Data or other information to us, whether via the Services or otherwise, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a non-exclusive, royalty-free, worldwide license during the term of these Additional Terms for Subscribers and our Terms of Use to use, transmit, distribute, modify, reproduce, display, and store the Student Data only for the purposes of: (i) providing the Services as contemplated in these Additional Terms for Subscribers and our Terms of Use, and (ii) enforcing our rights under these Additional Terms for Subscribers and our Terms of Use. Subject to the Paragraph B below, we will not use the Student Data for any purpose except as explicitly authorized by these Additional Terms for Subscribers and our Terms of Use. For clarity and without limitation, we will not use Student Data to engage in advertising of any kind.

B. ANONYMIZED DATA

You agree that we may collect and use data derived from Student Data, including data about any Users' access and use of the Services, that has been anonymized, aggregated, or otherwise de-identified such that the data cannot reasonably identify a particular student, User, or Subscriber. We may use such data to operate, analyze, and improve our Services and applications. We will not share or publicly disclose information (e.g., in marketing materials) that is derived from Student Data. For example, we may analyze aggregated usage patterns for product development efforts. You further agree that we may use, store, modify, copy, and create derivative works of the anonymized, aggregated Student Data even after this Agreement has expired or been terminated.

SECTION 4. DELETING STUDENT DATA AND TERMINATING YOUR ACCESS TO THE SERVICES

A. DELETING STUDENT DATA

You may request in writing that we delete any of your Student Data (except as provided for the Section 3(B) above) in our possession at any time. We will comply with your request in a commercially reasonable time not to exceed ten (10) business days.

B. TERMINATING YOUR ACCESS TO THE SERVICES

Subscribers may, at any time and for any or no reason, terminate these Additional Terms for Subscribers and our Terms of Use by providing written notice to support@cingletree.com, except that provisions that by their nature should survive termination will survive termination, such as provisions relating to warranty disclaimers, limitations of liability, indemnities, and governing law.

Within seventy-two (72) hours of our receipt of such notice of termination or earlier if commercially reasonable to do so, we will automatically delete or de-identify all Student Data, except for Student Data residing on backups or internal logs which will be removed within sixty (60) days, and will provide notice to the Subscriber when Student Data has been deleted and/or anonymized as described in Section 3(B) above. We may terminate these Additional Terms for Subscribers and our Terms of Use in accordance with the Terms of Use.

Upon termination of these Additional Terms for Subscribers, you shall not longer have access to the Services or Application.

SECTION 5. PRIVACY AND SECURITY

We care deeply about the privacy and security of Student Data. We maintain strict administrative, technical, and physical safeguards to protect Student Data stored in our servers, which are located in the United States. We limit access to Student Data only to those employees or service providers who have a legitimate need to access such data in the performance of their duties, and we provide employee training on privacy and data security laws and best practices. If there is any disclosure or access to any personally identifiable Student Data by an unauthorized party, we will promptly notify any affected Subscribers and will use reasonable efforts to cooperate with their investigations of the incident. If the incident triggers any third-party notice requirements under applicable laws, you agree that, as the owner of the Student Data, you may be responsible for the timing, content, cost, and method of any required notice and compliance with those laws. However, at the request of the Subscriber and when permissible under applicable law, Cingletree agrees to bear responsibility for the timing, content and method of such required notice on behalf of the Subscribers. In all instances, Cingletree will indemnify Subscribers for all reasonable costs associated with compliance with such notice requirements arising from a material breach by Cingletree of the Services. For clarity and without limitation, Cingletree will not indemnify for any notification costs arising from a breach of a third-party application whose service is accessed while using the Services.

SECTION 6: FEES AND PAYMENT TERMS

You agree to pay all fees specified in an ordering document or an online order that is entered into between you and Cingletree (each, and "Order Form") on the payment schedule set forth in such Order Form. Except as otherwise specified in an Order Form, all payment obligations are non-cancelable and fees paid are non-refundable. You will provide us with either valid credit card information, a valid purchase order or alternative payment document reasonably acceptable to us. If you provide us with a credit card, then you authorize us to charge such credit card for all purchased products and services listed in the Order Form(s). Such charges will be made in advance, either annually or in accordance with any different billing frequency stated in the applicable Order Form. If the Order Form specifies that payment will be by a method other than a credit card, then we will invoice you in advance and in accordance with the relevant Order Form(s). Unless otherwise stated in the Order Form, invoiced charges are due net 45 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information. If any amount owing by you under this Agreement or any other agreement is 45 or more days overdue, then we may, without limiting our other rights and remedies, suspend our Services to you until such amounts are paid in full. Prices and fees are exclusive of any federal, state, local or other taxes, which will be your responsibility, unless you provide us with proof of your tax-exempt status. Taxes, if any, will be listed separately on the invoice. Upon our request, you will provide us with a certificate or other evidence documenting your tax-exempt status.

SECTION 7. QUESTIONS

We at Cingletree want you to have the best possible experience when using our Services. If you have any questions or concerns about our Services or anything in our Terms of Use, these Additional Terms for Subscribers, or our Privacy Policy, please don't hesitate to contact us at support@cingletree.com.