Terms of Service

1. Description of Service

Attendance Point provides a cloud-based student attendance engagement and rewards platform designed for K-12 school districts. The Service includes web and mobile applications for students, teachers, and administrators, along with integrations with Student Information Systems (SIS) such as PowerSchool and Infinite Campus.

2. Authorized Users & Account Responsibilities

2.1  The Service is intended for use by authorized personnel of the Customer, including district administrators, school administrators, teachers, and students (collectively, "Authorized Users").

2.2  Customer is responsible for:

• Maintaining the confidentiality of login credentials for all Authorized Users

• Ensuring that all Authorized Users comply with these Terms

• Promptly notifying Attendance Point of any unauthorized access or security breach

• Providing accurate and up-to-date information for account provisioning

2.3  Customer shall not permit access to the Service by individuals who are not Authorized Users and shall not share login credentials between users.

3. Acceptable Use

Customer agrees to use the Service only for lawful educational purposes consistent with its intended use as a student attendance engagement platform. Customer shall not:

• Use the Service to collect, store, or process data beyond what is necessary for the authorized educational purpose

• Attempt to gain unauthorized access to any portion of the Service or related systems

• Reverse engineer, decompile, or disassemble any component of the Service

• Use the Service to transmit harmful, offensive, or unlawful content

• Interfere with or disrupt the integrity or performance of the Service

• Resell, sublicense, or transfer access to the Service to any third party

4. Student Data & Privacy

4.1  Attendance Point acknowledges that student data provided through the Service may constitute education records protected under the Family Educational Rights and Privacy Act (FERPA) and applicable state privacy laws. Attendance Point agrees to:

• Use student data solely to provide and improve the Service as directed by the Customer

• Not sell, rent, or disclose student data to third parties except as required to provide the Service or as required by law

• Maintain appropriate technical and organizational security measures to protect student data

• Return or destroy student data upon termination of the agreement as agreed with the Customer

• Comply with applicable student privacy laws including FERPA, COPPA, and applicable state statutes

4.2  Customer retains ownership of all student data submitted to the Service. Attendance Point claims no ownership rights over student data.

4.3  Attendance Point's collection and use of personal data is further described in the Privacy Policy available at attendancepoint.com/privacy, which is incorporated into these Terms by reference.

5. Service Availability

5.1  Attendance Point will use commercially reasonable efforts to make the Service available. The Service is provided on a cloud-based infrastructure (Google Cloud Platform / Firebase) with built-in redundancy and disaster recovery capabilities.

5.2  Attendance Point does not guarantee uninterrupted availability of the Service. Scheduled maintenance windows will be communicated to Customer in advance where practicable. Emergency maintenance may be performed without advance notice.

5.3  Attendance Point is not liable for downtime caused by factors outside its reasonable control, including internet outages, third-party service failures, or force majeure events.

6. Intellectual Property

6.1  The Service, including all software, content, and documentation, is the intellectual property of Attendance Point Inc. and is protected by applicable copyright, trademark, and other laws. These Terms do not grant Customer any ownership rights in the Service.

6.2  Customer grants Attendance Point a limited, non-exclusive license to use Customer data and content solely as necessary to provide the Service.

6.3  Feedback or suggestions provided by Customer regarding the Service may be used by Attendance Point without restriction or compensation.

7. Fees & Payment

7.1  Service fees, payment terms, and billing cycles are set forth in the applicable Memorandum of Understanding (MOU) or order form executed between the parties.

7.2  Attendance Point reserves the right to suspend access to the Service for accounts with overdue payments after providing reasonable notice to Customer.

8. Confidentiality

Each party agrees to keep confidential the other party's non-public information disclosed in connection with the Service and to use such information only as necessary to fulfill obligations under these Terms. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ATTENDANCE POINT DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATTENDANCE POINT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ATTENDANCE POINT'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

Customer agrees to indemnify and hold harmless Attendance Point and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from Customer's breach of these Terms, misuse of the Service, or violation of applicable law.

12. Term & Termination

12.1  These Terms remain in effect for the duration of Customer's use of the Service or as specified in the applicable MOU.

12.2  Either party may terminate these Terms upon material breach by the other party that remains uncured for thirty (30) days after written notice.

12.3  Upon termination, Customer's access to the Service will be discontinued and Attendance Point will handle Customer data in accordance with its data retention and deletion policies and any applicable MOU provisions.

13. Changes to Terms

Attendance Point reserves the right to modify these Terms at any time. Material changes will be communicated to Customer via email to the designated contact at least thirty (30) days prior to the effective date of the change. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts of Charleston County, South Carolina.

15. Contact Information

For questions regarding these Terms, please contact:

Attendance Point Inc.

Email: support@attendancepoint.com

Website: attendancepoint.com