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Terms of Service

Effective Date: December 2024
Last Updated: December 2024

Agreement to Terms

By accessing or using CoGuide’s classroom participation monitoring service (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Service.

Description of Service

CoGuide provides classroom participation monitoring technology that helps teachers understand student engagement patterns through real-time analytics while maintaining strict privacy protections for students.

Service Features

  • Real-time participation tracking: Hand raise detection, speaking patterns, and response timing
  • Privacy-first design: No facial recognition, seat-based tracking only
  • Analytics and insights: Post-class reports and engagement analysis
  • Integration capabilities: Connect with Google Classroom, Canvas, and other educational tools
  • School-controlled data: All data remains under school control

Eligibility and Access

Authorized Users

  • Educational institutions: Schools, colleges, and universities
  • Teachers and educators: Licensed teachers and educational staff
  • Administrators: School administrators and IT staff
  • Students: Students participating in monitored classrooms (with appropriate consent)

Age Requirements

  • Teachers: Must be 18 years or older
  • Students: Must have appropriate parental consent if under 18
  • Institutions: Must be accredited educational institutions

User Accounts and Registration

Account Creation

  • Institutional accounts: Schools create institutional accounts
  • Teacher accounts: Teachers create individual accounts under institutional oversight
  • Accurate information: All account information must be accurate and current
  • Account security: Users responsible for maintaining account security

Account Responsibilities

  • Password security: Maintain strong, unique passwords
  • Account monitoring: Monitor account for unauthorized access
  • Immediate notification: Notify CoGuide of any security breaches
  • Account updates: Keep account information current

Acceptable Use Policy

Permitted Uses

  • Educational purposes only: Use Service only for legitimate educational purposes
  • Classroom monitoring: Monitor classroom participation to improve teaching
  • Professional development: Use insights for teacher professional development
  • Student support: Use data to provide appropriate student support

Prohibited Uses

  • Commercial use: No commercial use of the Service or data
  • Unauthorized access: No unauthorized access to accounts or data
  • Data misuse: No misuse of student data or privacy violations
  • System abuse: No abuse of Service systems or infrastructure

Specific Prohibitions

  • Harassment or discrimination: No use for harassment or discrimination
  • Illegal activities: No use for illegal activities
  • Data selling: No selling or sharing of data with third parties
  • System interference: No interference with Service operation

Privacy and Data Protection

Data Collection

  • Minimal data collection: Collect only data necessary for educational purposes
  • No PII collection: No collection of personally identifiable information
  • Anonymous tracking: All tracking is anonymous and location-based
  • School control: Schools maintain complete control over all data

Data Use

  • Educational purpose only: Data used only for educational purposes
  • No commercial use: No commercial use of data
  • No third-party sharing: No sharing with third parties without consent
  • Privacy protection: Strong privacy protections for all data

Data Security

  • Encryption: All data encrypted in transit and at rest
  • Access controls: Strict access controls and authentication
  • Audit logging: Complete audit trails of all data access
  • Regular security updates: Continuous security monitoring and updates

Intellectual Property Rights

CoGuide’s Intellectual Property

  • Service technology: CoGuide owns all Service technology and intellectual property
  • Software and algorithms: All software, algorithms, and technical solutions
  • Trademarks and branding: CoGuide trademarks, logos, and branding
  • Documentation: All documentation, guides, and materials

User Content

  • User data: Users retain ownership of their data
  • Classroom content: Teachers retain ownership of classroom content
  • Student work: Students retain ownership of their work
  • No transfer: No transfer of intellectual property rights

License to Use

  • Limited license: CoGuide grants limited license to use Service
  • Non-exclusive: License is non-exclusive and revocable
  • Educational use: License limited to educational purposes
  • Compliance required: License subject to compliance with Terms

Service Availability and Modifications

Service Availability

  • Best efforts: CoGuide makes best efforts to maintain Service availability
  • No guarantees: No guarantees of uninterrupted Service access
  • Maintenance windows: Scheduled maintenance may temporarily interrupt Service
  • Force majeure: Service may be unavailable due to circumstances beyond control

Service Modifications

  • Right to modify: CoGuide reserves right to modify Service at any time
  • Notice of changes: Reasonable notice of significant changes
  • Continued use: Continued use constitutes acceptance of changes
  • Discontinuation: Right to discontinue Service with appropriate notice

Payment and Billing

Pricing

  • Institutional pricing: Pricing based on institutional agreements
  • Transparent pricing: Clear, transparent pricing structure
  • No hidden fees: No hidden fees or charges
  • Volume discounts: Volume discounts for large institutions

Payment Terms

  • Payment schedule: Payment according to agreed schedule
  • Late payments: Late payment fees may apply
  • Refund policy: Refund policy as specified in service agreement
  • Taxes: Users responsible for applicable taxes

Service Suspension

  • Non-payment: Service may be suspended for non-payment
  • Notice period: Reasonable notice before suspension
  • Data access: Data access maintained during suspension period
  • Reinstatement: Service reinstated upon payment

Limitation of Liability

Disclaimer of Warranties

  • As-is basis: Service provided on “as-is” basis
  • No warranties: No warranties, express or implied
  • No guarantees: No guarantees of Service performance or results
  • User responsibility: Users responsible for Service use

Limitation of Damages

  • Consequential damages: No liability for consequential or indirect damages
  • Maximum liability: Maximum liability limited to service fees paid
  • Force majeure: No liability for circumstances beyond control
  • User negligence: No liability for user negligence or misuse

Indemnification

  • User indemnification: Users indemnify CoGuide against claims
  • Compliance: Users responsible for compliance with laws and regulations
  • Data protection: Users responsible for data protection compliance
  • Third-party claims: Users responsible for third-party claims

Termination

Termination by Users

  • Account closure: Users may close accounts at any time
  • Data export: Data export available before account closure
  • Data deletion: Data deleted according to retention policies
  • Notice period: Reasonable notice period for account closure

Termination by CoGuide

  • Breach of terms: Termination for breach of Terms
  • Non-payment: Termination for non-payment
  • Service discontinuation: Termination due to service discontinuation
  • Notice period: Reasonable notice period before termination

Effect of Termination

  • Service access: Service access terminated upon termination
  • Data retention: Data retained according to retention policies
  • Data deletion: Data deleted according to deletion policies
  • Survival: Certain provisions survive termination

Dispute Resolution

Governing Law

  • Applicable law: Terms governed by applicable law
  • Jurisdiction: Disputes subject to appropriate jurisdiction
  • Venue: Disputes resolved in appropriate venue
  • Choice of law: Choice of law provisions apply

Dispute Resolution Process

  • Good faith negotiation: Good faith negotiation before formal proceedings
  • Mediation: Mediation before arbitration or litigation
  • Arbitration: Binding arbitration for unresolved disputes
  • Class action waiver: Waiver of class action rights

Injunctive Relief

  • Immediate relief: Right to seek immediate injunctive relief
  • Intellectual property: Special protection for intellectual property
  • Confidentiality: Special protection for confidential information
  • Emergency relief: Emergency relief procedures available

Force Majeure

Force Majeure Events

  • Natural disasters: Natural disasters and acts of God
  • Government actions: Government actions and regulations
  • Technical failures: Technical failures beyond control
  • Other events: Other events beyond reasonable control

Effect of Force Majeure

  • Performance suspension: Performance suspended during force majeure
  • No liability: No liability for force majeure events
  • Reasonable efforts: Reasonable efforts to resume performance
  • Notice requirements: Notice requirements for force majeure events

General Provisions

Entire Agreement

  • Complete agreement: Terms constitute entire agreement
  • Supersedes: Terms supersede all prior agreements
  • Modifications: Modifications only in writing
  • Severability: Invalid provisions severed from agreement

Assignment

  • No assignment: Users may not assign rights without consent
  • CoGuide assignment: CoGuide may assign rights
  • Successors: Terms bind successors and assigns
  • Transfer restrictions: Transfer restrictions apply

Notices

  • Written notice: Notices must be in writing
  • Delivery methods: Notices delivered by specified methods
  • Effective date: Notices effective upon delivery
  • Change of address: Address changes must be notified

Waiver

  • No waiver: No waiver of rights by failure to enforce
  • Written waiver: Waivers must be in writing
  • Specific waiver: Waivers specific to particular circumstances
  • Continuing rights: Rights continue despite waivers

Contact Information

General Inquiries

  • Email: [email protected]
  • Address: CoGuide Legal Department, [Address]
  • Service of process: Service of process procedures
  • Legal representation: Legal representation information

Privacy Inquiries

Changes to Terms

Right to Modify

  • Modification rights: CoGuide reserves right to modify Terms
  • Notice of changes: Notice of changes provided
  • Effective date: Changes effective on specified date
  • Continued use: Continued use constitutes acceptance

Significant Changes

  • Material changes: Material changes require explicit consent
  • Notice period: Extended notice period for significant changes
  • User rights: Users have right to reject changes
  • Service impact: Impact on Service access explained

Severability

Invalid Provisions

  • Severability clause: Invalid provisions severed from agreement
  • Remaining terms: Remaining terms remain in effect
  • Reformation: Invalid provisions reformed to be valid
  • Enforceability: Agreement remains enforceable

Headings

Section Headings

  • For convenience: Headings for convenience only
  • No interpretation: Headings do not affect interpretation
  • Content controls: Content of sections controls interpretation
  • Consistency: Consistent interpretation throughout

Counterparts

Multiple Copies

  • Electronic signatures: Electronic signatures acceptable
  • Multiple counterparts: Agreement may be executed in counterparts
  • Combined effect: All counterparts together constitute agreement
  • Delivery: Delivery of counterparts constitutes execution

These Terms of Service are effective as of the date listed above and will remain in effect except with respect to any changes in their provisions in the future, which will be in effect immediately after being posted on this page. By using CoGuide’s Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.