(a) What The Service Does: The Service has been developed to enable learning institutions to track and evaluate student progress. Among other features, the Service allows teachers and other authorized users to share information regarding student activities with Administrators and Parents, including (but not limited to) progress reports, portfolios, classroom activities, photographs, messages, external links, and assessments via the Learning Genie website and mobile application, in order foster collaboration between all parties involved in order to improve the learning process. We may also add additional ancillary features to the Service from time to time, such as advanced statistical analysis and group reporting tools, collaborative project tools, and other features that enhance the core functionality of the Service.

(b) Who Can Use The Service: School officials such as directors, principals, district supervisors, and owners of private companies that provide child education and development services (collectively “Administrators”) are intended to be the primary account holders. After establishing an account, Administrators then authorize teachers, assistant teachers, and other school personnel (collectively “Teachers”) to access the service, who in turn provide access to parents or legal guardians (collectively “Parents”) to enable them to view reports and access classroom activities.

Anyone who establishes a Learning Genie account must be expressly authorized or permitted to do so by his or her school or childcare facility. Learning Genie reserves the right to terminate the account of anyone who establishes one without such authorization or permission.

(a) Complied with the Directory Information exception, which includes informing parents what information the Institution deems to be Directory Information, and giving parents a reasonable opportunity to opt-out of the disclosure of such information; or

(b) Complied with the FERPA School Official Exception by informing parents in their annual notification of FERPA rights that the Institution defines “School Official” to include service providers, and defines “Legitimate Educational Interest” to include services such as the type provided by Learning Genie; or

(c) Obtained all necessary parental written consent to share the Directory Information and Educational Records with Learning Genie, in each case, solely to enable Learning Genie to provide the Service.

(a) Ownership of Pupil Records: Any and all Pupil Records provided to Learning Genie, or to which Learning Genie has been granted access, are and shall remain the sole property of the School District or educational agency (collectively, “School District”) that provided or granted access to such records.

(b) Pupil-Generated Content: The Learning Genie System does not collect or store any Pupil-Generated content. In the event the System is updated to incorporate such a feature, Learning Genie shall amend this Statement to describe the means by which pupils may retain possession and control of pupil-generated content.

(c) Third Party Access and Use: Learning Genie prohibits all third parties from accessing or utilizing any Pupil Record for any purpose other than those required by or permitted by the contract for Learning Genie’s services.

(d) Parent and Pupil Review Procedures: The System enables any Authorized User to permit parents, legal guardians, and eligible pupils to review personally identifiable information contained in Pupil Records, and to correct erroneous information, in accordance with procedures established by the School District.

(d) Security and Confidentiality of Pupil Records: Learning Genie has designated a Security Compliance Officer (SCO), who is responsible for: (i) ensuring that Learning Genie servers are protected against unauthorized access to the greatest degree possible; (ii) limiting employee access to Pupil Records to whatever extent is required for them to perform their job functions; and (iii) training employees in data security procedures to further ensure compliance with company data security policies.

(e) Unauthorized Disclosure: In the event any Pupil Records are inadvertently disclosed via outside data breach or for any other reason, the SCO shall notify the School District that owns such records immediately upon the discovery of such inadvertent disclosure. The School District may in turn utilize the System to notify affected parents, legal guardians, or eligible pupils via posts within the System, emails, or in such other manner as the School District deems appropriate.

(f) Post-Contract Data Deletion: Learning Genie hereby certifies that, upon the termination of a service contract with a School District, it shall isolate and permanently delete any and all Pupil Records belonging to such School District that may remain on the System, unless the School District or applicable regulations require the retention of such data, in which case the records shall be deleted upon the expiration of the retention period. Prior to deleting any Data Records, Learning Genie shall first ensure that the School District has downloaded backups of the same. Notwithstanding the foregoing, Learning Genie reserves the right to retain “de-identified” elements of Pupil Records that do not include personally identifiable information for the purpose of research and for enhancing the Service to the extent permitted by applicable law.

(g) FERPA Compliance: Learning Genie offers School Districts utilizing the System the means to comply with their obligations under the Federal Educational Rights and Privacy Act (20 USC §1232(g)), by enabling Authorized Users to inspect and review Pupil Records and to correct any inaccuracies therein as described in Section 4 of this Agreement.

(h) Prohibition Against Targeted Advertising: Learning Genie strictly prohibits the use of any personally identifiable information included in a Pupil Record to direct targeted advertising for any product or service. In furtherance of this prohibition, Learning Genie does not sell, trade, or rent any element of personally identifiable information to any third party.

(a) Security Procedures: Learning Genie has designated a Security Compliance Officer (SCO), whose responsibilities are set forth in Section 5(d) of this Agreement;

(b) Authorized Deletion: Learning Genie will permanently delete any student information upon the request of an authorized school district or educator representative.

Further in compliance with SB1177, Learning Genie does not:

(i)Use any element of personally identifiable information (PII) of any student for the purpose of directing targeted advertising on its website or application;

(ii)Use any information (including persistent unique identifiers), created on or gathered by the Service, to amass a profile about a K-12 student except in furtherance of K-12 school purposes;

(iii)Sell, trade, or rent any information relating to K-12 students to any third party for any purpose whatsoever; or

(iv)Disclose any information created or gathered by the System unless such disclosure is authorized by the Code.

(a) Payment: You must keep your account current in order to continue utilizing the Service. If you fail to pay for the Service as agreed, we reserve the right to freeze your account until it is made current, or terminate your account. If we freeze your account, you will be denied access to the Service until you bring your account current. If you fail to bring your account current within ninety (90) days of the date it becomes delinquent, your account will be terminated and your data will be deleted in accordance with our privacy policy.

(b) Ownership: This Agreement does not confer title, ownership, or any other rights concerning your use of the Service that are not set forth herein. Learning Genie retains all right, title and interest in and to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Service is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Learning Genie. All rights not expressly granted to you herein are reserved by Learning Genie.

(c) Account Termination: You may terminate your account at any time. When you terminate your account, you are also instructing us to delete your data in accordance with our privacy policy. You are therefore urged to backup any information you do not want deleted prior to terminating your account.

(d) License Restrictions: Violating any of the following restrictions may result in the immediate termination of your License:

(i) General Restrictions: You agree not to: (i) post and share any information that is abusive, threatening, obscene, defamatory, libelous, or otherwise objectionable and offensive, (ii) infringe any copyright, trademark, patent, trade secret, or other proprietary right of any third party; (iii) commercially exploit the Service in any manner; (iv) provide your password or otherwise grant access to your Learning Genie account to any third parties for any purpose whatsoever; (iv) reverse engineer, decompile, disassemble, translate, or prepare derivative works of the System, or otherwise modify the same, in whole or in part; (v) use the Service to display material that may be subject to copyright protection without the express consent of the copyright owner; (vi) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained within the System; (vii) misrepresent the source of ownership of the System; or (viii) otherwise access or utilize the System in any manner other than permitted by this Agreement.

(ii) Access Restrictions: Only authorized users may access their Learning Genie Account, and authorized users are strictly prohibited from sharing their username and/or password with anyone, and should take all steps necessary to protect their username and password from accidental disclosure. Learning Genie is not responsible for any actions undertaken by persons who obtain unauthorized access to any Learning Genie account. If you believe that someone has accessed your account without authorization, you must inform us immediately so that we may take appropriate action.

(iii) Administrators and Teachers: Administrators and Teachers are strictly prohibited from using the Service in any manner that violates school policy or applicable regulations, or to otherwise use the Service in a manner that violates our Privacy Policy.

(iv) Parents: Parents who choose to utilize the sharing features of the Service do so at their own risk. Any information that you willingly choose to share with another user through the Service or in a publicly accessible area will be available to other users who access that content, and Learning Genie will not be held responsible for how others choose to use it. Parents are further required to follow any school policy regarding privacy and are forbidden from publicly sharing photographs that contain any child who is not their own, without the consent of that child’s parent.

The Service is made available to you in reliance upon the following representations and warranties: (i) You are a school administrator or have been authorized by an Administrator or Teacher to access the service; (ii) you will not use the Service for the purpose of violating any statute, rule, or regulation, including, without limitation, FERPA or COPPA; (iii) you will not use the Service to facilitate the distribution of computer viruses, spyware, or any other malicious code; (iv) you will not use the Service to post information that infringes upon the proprietary rights of third parties, including without limitation intellectual property rights, or rights of publicity or privacy; and (vi) you will not use the Service in any manner other than as described herein.

In no event shall Learning Genie be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the Service, including without limitation to losses incurred due to: (a) software glitches, server failures, power outages, or any other issue beyond Learning Genie’s control; (b) any delays in or failure of the Service to operate as described; (c) any use of the Service in violation of the terms of this Agreement. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You further agree to indemnify, hold harmless, and defend Learning Genie, together with its officers, directors, employees, agents, subsidiaries, and affiliates (the “Indemnified Parties”), from and against any claims, actions, proceedings, and suits (collectively “Claims”) brought against Learning Genie by any third party that are associated with your use of the Service in any manner that violates this Agreement, and expressly agree to assume liability for any damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) that may be incurred by Learning Genie in connection with any Claim subject to this section.

You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, you are waiving the right to a trial by jury or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, but is not limited to, claims arising out of or relating to the Service or your use thereof, regardless of when they may arise. It is understood and agreed that any arbitration proceeding may be conducted telephonically.

We reserve the right to change, modify, add or remove portions of this Agreement, without advance notice to you. We will notify you of any such changes by placing a written notice on the sign-in page, together with a link to the amended version. The amended version will include a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.