Terms of Service

Acceptance of Terms
Eligibility and Authority
Account Responsibilities and Multi-User Access
Intellectual Property and User Content
User Responsibilities and Prohibited Uses
Subscription Plans, Billing, and Free Trial
Disclaimer of Warranties
Limitation of Liability
Indemnification
Force Majeure
Modifications to These Terms
Termination
Dispute Resolution
General Provisions

Please read these Terms of Service carefully before using abcAssess. By creating an account or using our application, you agree to be bound by these Terms. If you do not agree, you may not access or use abcAssess.

abcAssess is available to educators in the United States, Canada (English-speaking provinces), Australia, New Zealand, the United Kingdom, and Ireland.

Governing Law: State of North Dakota, USA

1. Acceptance of Terms

By creating an account, accessing, or using abcAssess (the “Service”), you agree to be bound by these Terms of Service (these “Terms”), our Privacy Policy, and any additional guidelines or policies we may publish from time to time. These Terms constitute a legally binding agreement between you and abcAssess (“we,” “us,” or “our”). If you are using abcAssess on behalf of a school, district, or institution, you represent that you have authority to bind that organization to these Terms.

2. Eligibility and Authority

abcAssess is an educational assessment tool designed for professional educators and those providing direct instructional or assessment support to students.

By registering an account or entering records into the Service, you represent and warrant that:

You are a licensed teacher, educator, tutor, administrator, or other authorized educational professional with responsibility for student assessment, or you are acting under the direct supervision of such a professional.
You have the authority — whether granted by your school, district, institution, or through your professional role — to log student performance data in compliance with applicable local, national, and federal privacy laws, including FERPA (US), PIPEDA (Canada), the Australian Privacy Principles, the New Zealand Privacy Act 2020, and GDPR/UK GDPR (EU/UK) as applicable to your jurisdiction.
You are at least 18 years of age and have the legal capacity to enter into a binding agreement.
Your use of abcAssess complies with your school’s or institution’s applicable data privacy policies and any applicable student data privacy agreements.

abcAssess is not intended for use by students directly. Students do not create accounts or interact with the platform.

3. Account Responsibilities and Multi-User Access

3.1 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@abcassess.app if you suspect unauthorized access to or use of your account. We are not liable for any loss resulting from unauthorized use of your account.
3.2 Shared and Assistant Access
If you invite, connect, or grant access to an assistant teacher, co-teacher, or other user within the Service, you assume full administrative and legal responsibility for their account activity, data entries, and compliance with these Terms and applicable law. You should only grant access to individuals who are authorized by your institution and who understand their obligations under applicable privacy law.
3.3 Student Record Transfers
The Service allows for the transfer of student records between abcAssess accounts to support legitimate educational purposes. By initiating a transfer, you represent and warrant that the receiving educator has a legitimate educational interest in the transferred student records and that the transfer complies with all applicable privacy laws including FERPA, PIPEDA, Australian Privacy Principles, the New Zealand Privacy Act 2020, and GDPR/UK GDPR as applicable. Transfer requests require acceptance by the recipient and expire automatically after 30 days if not accepted. Upon completing a transfer, the receiving educator assumes full data custody and responsibility for those records.

4. Intellectual Property and User Content

4.1 Platform Ownership
All software, source code, user interface designs, graphics, iconography, trademarks, brand marks, and other assets associated with abcAssess are the exclusive intellectual property of abcAssess and are protected under applicable United States and international copyright, trademark, and trade secret law. Nothing in these Terms grants you any right, title, or interest in abcAssess’s intellectual property except the limited license to use the Service as described herein.
4.2 Your Content
You retain full ownership of original assessment frameworks, templates, and instructional content that you create within the Service. abcAssess claims no ownership over your custom content.
4.3 License for Shared Content
If you choose to share a custom assessment framework or template with other educators through the Service’s internal sharing features, you grant abcAssess a non-exclusive, royalty-free, worldwide license to host, store, reproduce, and transmit that content solely for the purpose of operating the sharing feature. This license is limited to what is necessary to provide the Service and does not permit us to use your content for any other purpose. abcAssess does not review, endorse, or assume responsibility for the accuracy, pedagogical validity, or grading standards of user-shared content.
4.4 Feedback
If you provide suggestions, feedback, or ideas about the Service, you grant abcAssess the right to use such feedback without restriction or compensation to you. We are not obligated to implement any feedback.

5. User Responsibilities and Prohibited Uses

You agree to use abcAssess only for its intended educational assessment purposes and in compliance with all applicable laws.

You agree not to:

Enter, store, or transmit high-sensitivity personally identifiable information (PII) that is not necessary for educational assessment, including Social Security Numbers, full legal home addresses, financial records, immigration status, or comprehensive medical histories.
Upload, request, or store any student-generated biometric data, including student photographs, facial recognition data, child voice recordings, or student-generated audio content. All uploaded media must be strictly instructional in nature.
Attempt to reverse-engineer, decompile, or otherwise access the source code or encryption architecture of the Service.
Attempt to introduce malicious code, conduct injection attacks, or deliberately exploit vulnerabilities in the Service.
Use the Service to assess or store data for students for whom you do not have proper authorization.
Share your account credentials with unauthorized individuals or allow unauthorized access to the Service through your account.
Use the Service in any manner that violates applicable student data privacy law in your jurisdiction.
Use the Service for any unlawful purpose or in any way that could damage, disable, or impair the Service or interfere with other users.
Misuse the Service’s invitation, sharing, or collaboration features, including by impersonating another educator, sending unsolicited or abusive invitations, creating multiple or fraudulent accounts to circumvent trial limitations or pricing, or using the referral or beta program in bad faith.
Upload, share, or transmit any image, audio file, or other content through the Service that you do not have the legal right to use, including content that infringes the copyright, trademark, or other intellectual property rights of a third party.

6. Subscription Plans, Billing, and Free Trial

6.1 Free Trial
New accounts are eligible for a 14-day free trial with full access to all Service features. No payment information is required during the trial period. At the end of the trial period, a valid payment method must be provided to continue using the Service.

If no subscription is purchased at trial end, the account enters a suspended state with read-only access. An immediate email notification is sent advising the teacher to subscribe to continue or export and delete their data. If no subscription is purchased within 90 days of trial expiry, a final warning email is sent and the account and all associated data are permanently deleted pursuant to our cascade deletion process. Teachers may log back in at any time during the 90-day grace period to export their data, subscribe, or manually delete their account.
6.2 Subscription Plans
abcAssess offers the following subscription plans for individual teachers:
- Monthly Plan: Full access to all features, billed month-to-month. Cancellable at any time.
- Annual Plan: Full access to all features for 12 months, billed annually. Renews automatically on the anniversary of the subscription start date unless cancelled.
- Additional plans may be introduced from time to time and will be described at the point of purchase.
6.3 Billing and Payment
All subscriptions are processed through our payment processor (currently Stripe). By providing payment information, you authorize us to charge your payment method for all applicable subscription fees. All prices are displayed in USD unless otherwise indicated. Applicable taxes including VAT (UK/Ireland) and GST (Australia/New Zealand) will be calculated and collected automatically at checkout.
6.4 Auto-Renewal
All plans renew automatically unless cancelled before the renewal date. You will receive a reminder email before each renewal. You can cancel auto-renewal at any time through your account settings.
6.5 Free Trial and New Subscription Refund Window
If you are not satisfied with your purchase, you may request a full refund within 48 hours of your first paid charge (new subscriptions only) or within 48 hours of an annual plan renewal charge. This refund window applies to Annual Plan new signups and renewals only. Monthly Plan charges are non-refundable. Refund requests must be submitted to support@abcassess.app within the 48-hour window.

This refund window addresses dissatisfaction with your purchase generally. For matters relating to service outages, data loss, or other service performance issues, see Section 7 (Disclaimer of Warranties) and Section 8 (Limitation of Liability).
6.6 Cancellation
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current paid period. You will retain full access to the Service through the end of the period for which you have paid. Cancelling your subscription does not delete your account or your data — these are separate actions.
6.7 Price Changes
We reserve the right to change subscription prices. For Monthly Plan subscribers, we will provide at least 30 days notice before a price change takes effect. For Annual Plan subscribers, we will provide at least 60 days notice before a price change takes effect at their next renewal. Notice will be provided by email to the address associated with your account. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.
6.8 Subscription Lapse
If your subscription lapses for any reason — including non-renewal, failed payment, or procurement delays — your account will retain full access for 30 days from the lapse date. Reminder emails will be sent at lapse, at 14 days, and at 25 days. If the subscription is not renewed within 30 days of lapse, your account will enter a read-only suspended state for a further 60 days during which you may view data, download reports, and export records but cannot run new assessments or add students. A final warning email will be sent at day 85. If no renewal is made by day 90 from the original lapse date, your account and all associated data will be permanently deleted. You may resubscribe at any time during the grace period to immediately restore full access.
6.9 Feature Availability by Plan
Features available to you depend on your current subscription plan and status. We reserve the right to modify the features included in each plan with appropriate notice as described in Section 6.7.
6.10 Beta Participant Pricing Terms Educators who participated in the abcAssess beta program prior to public launch are entitled to the following pricing benefits, subject to the terms communicated at the time of their beta enrollment:
- Free Year: Beta participants who complete the end-of-beta survey by the deadline communicated by abcAssess are entitled to one full year of free access to the Service following the public launch date, with the same features available to paid subscribers.
- Founding Member Rate: Following the free year, beta participants are entitled to a permanent 20% discount off the then-current subscription price for as long as they maintain an active subscription. This discount applies to both Monthly and Annual plans and adjusts proportionally if subscription prices change. The Founding Member rate is non-transferable and applies to the individual account only.
- Beta Center Discount: Educational centers or programs that participated in the beta as an institution are entitled to a permanent 20% discount off the then-current center license pricing when center licensing becomes available, provided that at least one teacher from the center actively participated in the beta and completed the end-of-beta survey.
These benefits are contingent upon completion of the end-of-beta survey by the deadline specified by abcAssess. abcAssess reserves the right to extend survey deadlines on a case-by-case basis at its sole discretion. Beta participants who do not complete the survey by the deadline may contact beta@abcassess.app to request an extension.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABCASSESS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, completely secure, or free of viruses or other harmful components. We do not warrant that any data stored through the Service will be retained indefinitely or that the Service will meet your specific requirements.

The Service includes offline data capture capabilities that store assessment data locally on your device in low-connectivity environments. abcAssess is not liable for any data loss resulting from local storage deletions, browser cache clearing, app deletion, device reset, device damage, or failure to synchronize local data with our servers before such events occur. It is your responsibility to ensure data is synchronized before clearing local storage, deleting the app, or retiring a device.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABCASSESS AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the maximum extent permitted by applicable law, abcAssess’s total cumulative liability to you for any claims arising out of or relating to these Terms or your use of the Service shall not exceed the total amount you paid to abcAssess during the twelve (12) month period immediately preceding the event giving rise to the claim. If you have not paid any amounts to abcAssess during that period, our total liability shall not exceed one hundred dollars ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless abcAssess and its officers, directors, members, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

Your use of or access to the Service.
Your violation of these Terms.
Your violation of any applicable law, including applicable student data privacy law in your jurisdiction.
Your entry, storage, or transmission of student data without proper authorization.
Any content you upload, share, or transmit through the Service.
Any claim by a student, parent, school, district, or regulatory authority arising from your use of the Service.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with our defense of such claims.

10. Force Majeure

abcAssess shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, terrorism, labor disputes, power outages, internet or telecommunications failures, actions of third-party service providers (including cloud infrastructure providers), cyberattacks or security incidents originating from third parties, or changes in applicable law or regulation. In such events, our obligations will be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to resume normal operations as quickly as possible.

11. Modifications to These Terms

We may update or modify these Terms from time to time. When we make material changes, we will notify active account holders by email at least fourteen (14) days before the new Terms take effect, and we will update the Effective Date and Version number at the top of this document. Non-material changes (such as corrections of typographical errors or clarifications that do not affect your rights) may take effect immediately upon posting.

Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of those Terms. If you do not agree with updated Terms, you may terminate your account before the effective date. We maintain a version history of these Terms, which is available upon written request to legal@abcassess.app.

12. Termination

12.1 Termination by You
You may terminate your account at any time through the App Settings panel. Upon confirmation of account deletion, our systems will immediately initiate an irreversible cascade deletion process that permanently removes your teacher profile and all associated student records, assessment histories, and uploaded media from our active database. We recommend exporting your data before deleting your account if you wish to retain records. Deletion is permanent and cannot be undone.

Cancelling your subscription and deleting your account are separate actions. You may cancel your subscription without deleting your account and data — see Section 6..

If your account has pending outgoing student or class transfer requests at the time of deletion, those transfers will be automatically cancelled and the intended recipients will be notified by email. Transfer requests that have already been accepted and completed are not affected by account deletion.
12.2 Termination by Us
We reserve the right to suspend, restrict, or terminate your account at any time, with or without notice, if we determine in our reasonable judgment that you have violated these Terms, engaged in fraudulent or harmful activity, or if continued provision of the Service to you would expose abcAssess or others to legal liability. Where practicable, we will notify you of the reason for termination. Upon termination by us for cause, your data will be handled in accordance with our Privacy Policy.
12.3 Effect of Termination
Upon termination for any reason, your right to access and use the Service immediately ceases. Provisions of these Terms that by their nature should survive termination — including Sections 4 (Intellectual Property), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), and 13 (Dispute Resolution) — shall survive termination.

13. Dispute Resolution

13.1 Informal Resolution
Before initiating any formal dispute process, you agree to contact us at legal@abcassess.app and give us a reasonable opportunity — at least thirty (30) days — to resolve the dispute informally. Most concerns can be resolved quickly through direct communication.
13.2 Mediation
If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be submitted to non-binding mediation before a mutually agreed-upon mediator. Either party may initiate mediation by providing written notice to the other. The parties shall share the costs of mediation equally. If mediation fails to resolve the dispute within sixty (60) days of initiation, either party may pursue legal remedies as set forth below.
13.3 Governing Law and Jurisdiction These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of North Dakota, USA, without regard to its conflict of law principles. Any legal action not resolved through mediation shall be brought exclusively in the state or federal courts located in Grand Forks County, North Dakota, and you hereby consent to personal jurisdiction in those courts.

Nothing in this section limits the rights of consumers in jurisdictions where mandatory consumer protection laws apply, including the United Kingdom, Australia, New Zealand, and EU member states.
13.4 Waiver of Class Action
To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis only and not as a class action, collective action, or representative proceeding. You waive the right to participate in a class action lawsuit or class-wide arbitration against abcAssess.

14. General Provisions

14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and abcAssess with respect to the Service and supersede all prior agreements, understandings, and representations relating to the subject matter hereof.
14.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.
14.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of abcAssess to be effective.
14.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms or our rights hereunder in connection with a merger, acquisition, sale of assets, or by operation of law, without your consent.
14.5 No Third-Party Beneficiaries
These Terms are for the benefit of you and abcAssess only and do not create any rights in any third party, including students or parents.
14.6 Contact
For any questions or concerns regarding these Terms, please contact us:


General Support	support@abcassess.app
Legal & Terms Issues	legal@abcassess.app
Response Time	We aim to respond within 2 business days

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