Terms of Service

Welcome to Inlay, an early-grade classroom relationship management platform ("Platform", "Service", or "Services"). These Terms of Service ("Terms") govern your access to and use of our Services. By accessing or using the Services, you agree to be bound by these Terms.

Inlay Applications, Yakushintsi, Sadova 65, Vinnytsia, Ukraine ("Inlay", "we", "us", or "our") operates this Platform for educational institutions, teachers, and school administrators to manage classroom relationships and student information.

IMPORTANT: These Terms contain important information about your rights and responsibilities, including provisions regarding student privacy, COPPA compliance, and limitations of liability. Please read them carefully.

1. General Provisions

1.1 Acceptance of Terms

By (a) accessing or using the Services, (b) signing an order form or subscription agreement, or (c) clicking a button marked "I Agree" or similar, you signify that you have read, understood, and agree to be bound by these Terms, whether or not you are a registered user of our Services.

1.2 Eligibility

The Services are intended solely for use by educational institutions, teachers, and school administrators who are at least 18 years of age. By using the Services, you represent and warrant that you are at least 18 years old and have the authority to enter into these Terms on behalf of your educational institution.

Students are not users of the Platform. Students are data records created and managed by teachers and school administrators. Students do not have accounts, do not log in, and do not directly interact with the Platform.

1.3 Definition of Terms

For purposes of these Terms:

• "Customer" means the school, school district, educational institution, or organization that subscribes to the Services.
• "Teacher" or "User" means educators, administrators, and school staff who have been granted access to the Services by the Customer.
• "Student" means students enrolled in classes managed through the Platform. Students are data records, not users.
• "Student Data" means any information about students that is inputted, collected, or generated through use of the Services.
• "Authorized User" means any Teacher or administrator authorized by the Customer to access the Services.

1.4 Educational Purpose

The Services are designed and intended exclusively for educational purposes. Customer and all Authorized Users agree to use the Services solely for legitimate educational activities in support of classroom instruction, student learning, and school administration. Any use of the Services or Student Data for commercial purposes, marketing, or advertising is strictly prohibited.

2. Children's Online Privacy Protection (COPPA Compliance)

2.1 COPPA Compliance Statement

We comply with the Children's Online Privacy Protection Act ("COPPA"), 15 U.S.C. §§ 6501-6506, and all applicable regulations. The Services are designed for use by educational institutions and teachers to manage information about students, including students under the age of 13.

We operate under the "school exception" provided in COPPA 16 CFR § 312.5(c)(3), which allows schools to consent to the collection of personal information from children under 13 on behalf of parents, provided that the information is used solely for educational purposes and for the use and benefit of the school.

2.2 School Consent and Authority

By using the Services, Customer represents and warrants that:

• Customer is an educational institution or authorized school official with the authority to provide consent on behalf of parents for the collection of personal information from children under 13.
• Customer has provided or will provide appropriate notice to parents regarding the use of the Services and the collection of Student Data.
• Customer will use Student Data solely for educational purposes authorized by parents and permitted under applicable law.
• Customer has obtained all necessary consents, permissions, and authorizations required under federal, state, and local law to use the Services and to authorize us to collect and process Student Data.

2.3 Data Minimization Commitment

We adhere to the principle of data minimization and collect only the Student Data that is necessary and relevant for educational purposes. Schools and teachers control what information is entered into the Platform and should only input data that is required for legitimate educational activities.

2.4 Collection of Student Information

We do not collect personal information directly from children. Instead, Teachers and Authorized Users input and manage Student Data through the Platform. The types of Student Data that may be collected through the Services include:

• Student name
• Student date of birth (optional)
• Student gender (optional)
• Contact information (optional: email, phone, address)
• Student photograph (optional)
• Academic performance information
• Daily mood tracking data
• Teacher observations, notes, and comments
• Task and assignment information
• Family member or guardian contact information
• Attendance and participation data

We collect only the information that is reasonably necessary for educational purposes. Customer and Authorized Users have control over what Student Data is inputted into the Platform.

2.5 Use of Student Information

Student Data is used solely for the following educational purposes:

• To provide and improve the Services for educational institutions and teachers
• To support classroom instruction and student learning
• To enable teachers to track student progress and performance
• To facilitate communication between teachers and families
• To maintain records as required or permitted by law
• To provide customer support to schools and teachers

We will never sell, rent, or lease Student Data. We will never use Student Data for advertising or marketing purposes. We will never share Student Data with third parties for their commercial purposes.

2.6 Disclosure of Student Information

We do not disclose Student Data to third parties except:

• As directed by the school or teacher (e.g., sharing with parents or authorized family members)
• To service providers who perform services on our behalf and who are contractually required to protect the data and use it only for the purposes we specify (see Section 6 - Third-Party Services)
• As required by law or to comply with legal process
• To protect the rights, property, or safety of Inlay, our users, or the public
• With the school's consent in other circumstances

2.7 Parental Rights Under COPPA

Parents and legal guardians have the following rights with respect to their child's personal information:

• Right to Review: Parents may review their child's personal information collected through the Services.
• Right to Request Deletion: Parents may request that we delete their child's personal information.
• Right to Refuse Further Collection: Parents may refuse to allow further collection or use of their child's information.
• Right to Correct Information: Parents may request corrections to inaccurate information about their child.

To exercise these rights, parents should first contact their child's school or teacher. Parents may also contact us directly at privacy@inlay.sh. We will respond to parental requests in coordination with the school within 30 days.

3. Student Data Privacy and Security

3.1 Data Ownership

As between Inlay and Customer, all Student Data is and remains the property of the Customer and the students. Customer retains all right, title, and interest in and to Student Data. We do not own, control, or license Student Data except as necessary to provide the Services to Customer.

3.2 Our Role as Service Provider

We act solely as a service provider to schools and process Student Data only on behalf of and under the direction of the Customer. We process Student Data only as necessary to provide the Services and as instructed by Customer through the use of the Platform.

3.3 Data Security

We implement and maintain reasonable administrative, physical, and technical safeguards designed to protect Student Data from unauthorized access, disclosure, alteration, and destruction. Our security measures include:

• Encryption of data in transit using TLS/SSL protocols
• Encryption of sensitive data at rest
• Role-based access controls and authentication
• Regular security assessments and audits
• Secure data storage with reputable cloud providers
• Employee training on data privacy and security
• Incident response procedures

However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect Student Data, we cannot guarantee its absolute security.

3.4 Data Breach Notification

In the event of a data breach involving Student Data, we will notify affected schools within 72 hours of becoming aware of the breach. We will provide information about the nature of the breach, the data involved, and steps being taken to address the breach and prevent future incidents.

3.5 Data Retention and Deletion

We retain Student Data only for as long as necessary to provide the Services to Customer or as required by law. Customer may delete Student Data at any time through the Platform. Upon request, Customer may request deletion of all Student Data associated with their account.

Upon termination or expiration of Customer's subscription, we will delete or return all Student Data within 30 days, unless:

• Retention is required by law or regulation
• The data has been anonymized such that it cannot be associated with any individual student
• Customer has requested a different retention period in writing

3.6 Data Portability and Access

Customer may export Student Data from the Platform at any time in standard formats (CSV, Excel). We will provide reasonable assistance to Customer in retrieving and transferring Student Data upon request.

4. School and Teacher Responsibilities

4.1 Customer Obligations

Customer is responsible for:

• Obtaining all necessary consents, permissions, and authorizations required under applicable law to use the Services and provide Student Data to us
• Providing appropriate notice to parents regarding the use of the Services and the collection and use of Student Data
• Ensuring that Student Data provided to us is accurate and up-to-date
• Using the Services and Student Data in compliance with all applicable laws, including FERPA, COPPA, and state student privacy laws
• Implementing appropriate policies and training for Authorized Users regarding proper use of the Services and protection of Student Data
• Responding to parental requests regarding their child's data
• Immediately notifying us of any unauthorized access to or use of Student Data

4.2 Teacher and User Obligations

Teachers and Authorized Users agree to:

• Use the Services solely for authorized educational purposes
• Access only Student Data for students under their supervision or as authorized by the school
• Maintain the confidentiality and security of their account credentials
• Not share account credentials with any unauthorized person
• Comply with all school policies and applicable laws regarding student privacy and data protection
• Input only accurate and appropriate information about students
• Immediately report any suspected unauthorized access or data breach

4.3 Compliance with Education Privacy Laws

Customer acknowledges and agrees that Customer is responsible for compliance with all applicable education privacy laws, including but not limited to:

• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g
• Children's Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501-6506
• Protection of Pupil Rights Amendment (PPRA), 20 U.S.C. § 1232h
• State student privacy laws and regulations applicable to Customer

5. Accounts and Access

5.1 Account Creation

Only Teachers and school administrators may create accounts and access the Services. Account holders must be at least 18 years old. When creating an account, you must provide accurate and complete information.

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

5.3 Classroom Management

Teachers may create classrooms and add student records to those classrooms. Teachers control who can view, edit, and manage student information within their classrooms, subject to school policies and permissions.

5.4 Administrator Rights

School administrators have the ability to manage user accounts, access all classrooms and Student Data within their school, modify settings, and manage subscriptions. Administrators should only grant access to authorized personnel.

6. Third-Party Services

6.1 Service Providers

We may use third-party service providers to help us provide and improve the Services. These service providers may have access to Student Data only to perform services on our behalf and are contractually obligated to:

• Use Student Data only for the purposes we specify
• Maintain the confidentiality and security of Student Data
• Comply with applicable privacy laws, including COPPA
• Not use Student Data for their own purposes
• Delete or return Student Data when the services are completed

6.2 Current Third-Party Services

We currently use the following categories of third-party services:

• Hosting and Infrastructure: Cloud hosting providers for secure data storage and platform infrastructure (subject to data processing agreements and security requirements)
• Payment Processing: Payment processors for subscription billing (processes only Customer payment information, not Student Data; PCI-DSS compliant)
• Customer Support: Tools to help us provide support to schools and teachers (Student Data is not shared with support tools unless explicitly needed for support resolution)
• Email Services: For transactional emails, notifications, and support communications

Analytics Notice: We use analytics services to understand how teachers and schools use the Platform. We configure these services to NOT collect or track any Student Data. Only aggregated, anonymized usage data from teachers and administrators is collected.

All third-party service providers are required to:

• Sign data processing agreements
• Comply with applicable privacy laws (FERPA, COPPA, GDPR)
• Implement appropriate security measures
• Use data only for specified purposes
• Delete or return data upon contract termination

6.3 No Third-Party Marketing

We do not share Student Data with third-party advertisers or marketers. We do not allow third-party advertising on the Platform. We do not use Student Data to create profiles for commercial purposes.

7. Prohibited Uses

You agree not to use the Services to:

• Violate any applicable law, regulation, or school policy
• Use Student Data for any non-educational purpose
• Access Student Data for students not under your supervision or authorization
• Share Student Data with unauthorized third parties
• Use Student Data for marketing, advertising, or commercial purposes
• Attempt to circumvent security measures or access controls
• Upload malicious code, viruses, or harmful content
• Impersonate another person or misrepresent your affiliation
• Reverse engineer, decompile, or disassemble any part of the Services
• Use automated tools to scrape or extract data from the Services
• Interfere with or disrupt the Services or servers
• Use the Services in any way that could harm children or violate their privacy rights

8. Intellectual Property

8.1 Ownership of Services

The Services, including all software, designs, text, graphics, logos, and other content (excluding Student Data and User Content), are owned by Inlay and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms.

8.2 Ownership of Student Data and User Content

Customer and students retain all ownership rights in Student Data. Teachers retain ownership of lesson plans, educational materials, and other content they create using the Services ("User Content"). By using the Services, you grant us a limited license to host, store, and display Student Data and User Content solely as necessary to provide the Services to you.

8.3 Aggregated and Anonymized Data

We may create aggregated or anonymized data derived from use of the Services, provided that such data cannot be used to identify any individual student, teacher, or school. We may use such aggregated, anonymized data to improve the Services, conduct research, and for other business purposes.

9. Fees and Payment

9.1 Subscription Plans

Access to certain features of the Services may require a paid subscription. Subscription fees are specified in your subscription plan or order form. Fees are charged in advance on a recurring basis (monthly or annually) and are non-refundable except as required by law or as expressly stated in these Terms.

9.2 Payment Information

You must provide accurate and complete payment information. By providing payment information, you authorize us to charge your payment method for all fees incurred. We use third-party payment processors and do not store your complete credit card information.

9.3 Fee Changes

We may change subscription fees upon 30 days' notice. Fee changes will apply to the next billing cycle after the notice period. If you do not agree to the fee changes, you may cancel your subscription.

10. Term and Termination

10.1 Term

These Terms commence on the date you first access or use the Services and continue until terminated in accordance with this Section.

10.2 Termination by Customer

You may terminate your subscription at any time by providing notice through your account settings or by contacting us. Termination will be effective at the end of your current billing period. You will not receive a refund for any prepaid fees unless required by law.

10.3 Termination by Inlay

We may suspend or terminate your access to the Services immediately if:

• You breach these Terms
• You use the Services in a way that poses a risk to students, other users, or our systems
• We are required to do so by law
• You fail to pay applicable fees

We will provide reasonable notice before terminating your account, except in cases where immediate termination is necessary to protect students, comply with law, or prevent harm.

10.4 Effect of Termination

Upon termination:

• Your access to the Services will cease
• You may request export of your Student Data within 30 days
• We will delete or anonymize Student Data within 30 days unless retention is required by law
• Sections of these Terms that by their nature should survive termination will continue to apply

11. Disclaimers and Limitations of Liability

11.1 Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INLAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Inlay and our affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another person or entity, including student privacy rights
• Your violation of any applicable law or regulation
• Student Data or User Content you provide to the Services
• Any claim that your use of the Services harmed a student or violated student privacy laws

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

13.2 Jurisdiction

You agree that any dispute arising from these Terms or the Services will be resolved in the courts located in [Your Jurisdiction], and you consent to the jurisdiction of such courts.

13.3 Informal Resolution

Before filing any legal claim, you agree to first contact us at legal@inlay.sh to attempt to resolve the dispute informally.

14. General Provisions

14.1 Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by email or through the Services at least 30 days before the changes take effect. Your continued use of the Services after the effective date of the changes constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Services and may terminate your subscription without penalty within the notice period.

14.2 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Inlay regarding the Services and supersede all prior agreements and understandings.

14.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

14.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.5 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

14.6 Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, or failures of third-party services.

15. Contact Information

If you have questions about these Terms or the Services, please contact us:

• General Inquiries: support@inlay.sh
• Privacy Questions: privacy@inlay.sh
• Legal Matters: legal@inlay.sh

By using Inlay, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.