These Terms of Service govern access to eduontrack.com and EduOnTrack LLC products, including DeviceOnTrack and ClassOnTrack (the "Services"). By creating an account, accepting an order, or using a Service, you agree to these Terms. If you act for a school, district, company, or other organization ("Customer"), you represent that you have authority to bind it.
1. Agreement and Order of Precedence
Product-specific terms, an order form, quote, statement of work, or signed school agreement may also apply. Whenever Customer uses a Service to process Student Data, the School Student Data Privacy Addendum is automatically incorporated into these Terms unless Customer and EduOnTrack have executed another student data privacy agreement governing that data. The Addendum may also be accepted through an order form, electronic acceptance, district agreement, or signature. If terms conflict, a signed district agreement or order form controls for its subject matter, then the applicable student data agreement, then product-specific terms, and then these Terms.
2. Services and Product Limits
DeviceOnTrack provides managed-Chromebook location signals, inventory visibility, heartbeat and last-seen status, and missing-device support. ClassOnTrack provides classroom sessions, approved-resource workflows, activity indicators, and optional managed-browser monitoring. Location, activity, attention, and engagement indicators can be delayed, unavailable, or inaccurate and are not definitive proof of a person's conduct or device location. Customer must not use them as the sole basis for disciplinary, safety, emergency, legal, or other high-impact decisions.
3. Accounts and Administration
Users must provide accurate information, protect credentials, and use only accounts they are authorized to access. Customer controls its administrators, teachers, roles, approved domains, policies, and managed-device deployment. Customer must promptly remove access that is no longer needed and notify EduOnTrack of suspected unauthorized account use.
4. School and Student Data
Customer retains control of school-controlled student, classroom, and device data. EduOnTrack processes that data only to provide, secure, support, and improve the school-authorized Services, as described in the Privacy Policy and any applicable written agreement. EduOnTrack does not sell School Data, use it for targeted advertising, or use student information, education records, managed-device data, or precise location data to train artificial-intelligence or machine-learning models.
When FERPA applies and the parties' arrangement satisfies its requirements, EduOnTrack may act as a school official or contractor under Customer's direct control for the authorized institutional function. School authorization may substitute for parental consent under COPPA only where the law permits and only for a school-authorized educational purpose. EduOnTrack remains responsible for its own COPPA obligations, including required notice, data minimization, security, retention, access, and deletion duties. Customer is responsible for its own legal determinations, notices, policies, permissions, account administration, and lawful instructions.
5. Acceptable Use
You may not use the Services to:
- Violate law, contract, school policy, or another person's rights.
- Access an account, device, classroom, or record without authorization.
- Upload malicious code or disrupt, probe, bypass, or overload the Services.
- Harass, exploit, discriminate against, or harm another person.
- Collect, monitor, disclose, or export information without lawful authority.
- Scrape, resell, reverse engineer, or copy the Services except as permitted by law or a written agreement.
- Use monitoring or location features for covert personal surveillance or outside an approved school or district purpose.
6. Customer Content and Intellectual Property
Customer keeps ownership of content and data it submits and grants EduOnTrack the limited rights needed to host, process, transmit, display, secure, and support that content through the Services. Customer represents that it has the authority needed to submit and instruct processing of that content. EduOnTrack and its licensors retain all rights in the Services, software, designs, trademarks, documentation, and related technology. Feedback may be used without restriction or attribution, but will not be identified as Customer's confidential information.
7. Privacy, Security, and External Services
The Privacy Policy explains data practices. The Security Overview describes current safeguards, and the Service Providers and External Services page describes production service categories and material data flows. Some functions rely on third-party identity, payment, hosting, email, browser, or mapping services governed by their own terms. EduOnTrack does not receive a user's complete payment-card number or Google password.
8. Fees, Taxes, Renewal, and Cancellation
Fees and billing frequency are shown in the applicable checkout, quote, invoice, or order form. A self-service paid subscription begins when checkout is completed and renews for the period shown unless canceled before renewal. Cancellation takes effect at the end of the then-current paid period unless the checkout or a written agreement states otherwise. A free paid-plan trial applies only when a specific duration and conversion terms are displayed at enrollment. Enterprise purchases follow the accepted order form.
Prices exclude applicable taxes unless expressly stated. Customer must provide valid exemption documentation to be treated as tax exempt. Except where law or a written agreement requires otherwise, paid fees are non-refundable and partial periods are not prorated. EduOnTrack may suspend paid features after notice for overdue amounts and may change future prices with reasonable advance notice before a renewal.
9. Availability and Changes
EduOnTrack may maintain, improve, replace, or discontinue features. We do not promise uninterrupted or error-free operation. Maintenance, school networks, browser restrictions, unsupported websites, platform changes, third-party outages, security events, labor disputes, natural disasters, government action, and other events beyond reasonable control may affect the Services. Material reductions to purchased functionality remain subject to any signed agreement.
10. Suspension, Termination, Export, and Deletion
EduOnTrack may suspend access when reasonably necessary to address a security risk, unlawful use, material breach, harm to users or the Services, or overdue payment. When practicable, we will provide notice and an opportunity to cure. Either party may terminate as allowed by the applicable subscription or written agreement. Customer may request an available export before termination and during any stated post-termination export period. Data is then deleted or de-identified according to the applicable product policy, written agreement, legal hold, and backup cycle. Sections that by their nature should survive termination remain in effect.
11. Disclaimers
To the fullest extent permitted by law, the Services are provided "as is" and "as available." EduOnTrack disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. The Services do not provide legal, compliance, academic, disciplinary, emergency, or professional advice.
For DeviceOnTrack, exact coordinates, accuracy or confidence values, cached address labels, campus or geofence matches, map placement, and related status results may be delayed, approximate, unavailable, incomplete, or incorrect. Campus and geofence labels are derived comparisons against Customer-defined boundaries, not independent confirmation of physical location. Customer must independently verify these results and must not rely on them as the sole basis for an emergency, safety, disciplinary, legal, or law-enforcement decision.
12. Limitation of Liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, goodwill, or data. EduOnTrack's total liability arising from the Services will not exceed the amount Customer paid for the affected Service during the twelve months before the event giving rise to the claim, or one hundred dollars if no amount was paid. These limits do not apply where they are prohibited by law or altered by a signed agreement.
13. Indemnity
To the extent permitted by applicable law, Customer will defend and indemnify EduOnTrack from third-party claims arising from Customer's unlawful use, unauthorized monitoring or data collection, submitted content, or material breach of these Terms. This section does not require a public school or other governmental entity to provide indemnification that its law prohibits, and a signed public-sector agreement may replace this section.
14. Governing Law and Public Entities
These Terms are governed by Alabama law, without regard to conflict-of-law rules, and any permitted action will be brought in a court with jurisdiction in Alabama. If Customer is a public school, district, or governmental entity, mandatory state law, sovereign-immunity rules, venue requirements, and an executed agreement control to the extent they cannot lawfully be changed by these Terms.
15. General Contract Terms
These Terms and incorporated documents are the entire agreement for their subject matter. If one provision is unenforceable, the remaining provisions stay effective. A waiver must be express and does not waive a later breach. Neither party may assign a signed agreement without the other's consent, except in connection with a merger, reorganization, or sale of substantially all relevant assets, subject to applicable law. The parties are independent contractors; these Terms create no partnership, agency, employment, or third-party beneficiary relationship. Electronic acceptance and notices have the same effect as paper records where permitted by law.
16. Changes, Notices, and Contact
EduOnTrack may update these Terms as the Services or law change. We will post the effective date and provide reasonable notice of material changes to registered customers. Changes do not retroactively replace an executed agreement. Questions and legal notices may be sent to privacy@eduontrack.com.