Terms of Service

Agreement

These Terms of Service (“Terms”) govern access to and use of the IS3 platform provided by Innovated Solutions (“Innovated Solutions,” “we,” “us”). IS3 is licensed to K-12 schools and districts (“Schools”) for use by their authorized staff and, where enabled, parents and guardians.

Where a separate written agreement (such as a subscription agreement or Data Privacy Agreement) exists between Innovated Solutions and a School, that agreement governs and controls over these Terms in the event of a conflict, including with respect to student data.

1. Eligibility and authorized users

IS3 is intended for use by Schools and their authorized staff, and by parents and guardians granted access by a School. IS3 is not intended for direct use by students or children. By using IS3, you represent that you are authorized by your School to do so.

2. The service

IS3 provides K-12 student-support functionality, which may include multi-tiered systems of support (MTSS/SST), IEP and Section 504 management, interventions, expanded learning (ELOP), document management, scheduling and meetings, and student-information-system integration. Features may be added, changed, or removed over time.

3. Accounts and security

You are responsible for maintaining the confidentiality of your login credentials and for activity performed under your account. Notify us promptly of any unauthorized use. We may suspend or restrict access where necessary to protect the security or integrity of the service.

4. Acceptable use

You agree not to:

• access data you are not authorized to access;
• use the service in violation of FERPA, COPPA, SOPIPA, the California Education Code, or other applicable law or your School’s policies;
• attempt to breach, probe, or test the security of the service without authorization;
• interfere with or disrupt the service or its infrastructure; or
• use student information for any purpose other than the School’s educational purposes.

5. Student data ownership and use

As between the parties, all student data and education records entered into or generated by IS3 remain the property of, and under the control of, the School (and the students and families it serves, as applicable). Innovated Solutions claims no ownership of student data and uses it only to provide the service and as described in our Privacy Policy and any applicable Data Privacy Agreement.

Consistent with California Education Code § 49073.1, the School retains control of its pupil records, and we will return or delete pupil records at the School’s request or upon termination of the School’s agreement.

6. Intellectual property

The IS3 software, platform, and related materials are owned by Innovated Solutions and protected by applicable law. We grant authorized users a limited, non-exclusive, non-transferable right to use IS3 during the School’s subscription, solely for the School’s educational purposes. You may not copy, modify, reverse-engineer, or resell the platform.

7. Service availability

We use commercially reasonable efforts to keep IS3 available and may perform maintenance or updates that temporarily affect availability. Except as expressly agreed in a School’s written agreement, the service is provided on an “as is” and “as available” basis.

8. Confidentiality

Each party will protect the other’s confidential information and use it only as needed to perform under these Terms or an applicable agreement.

9. Term and termination

These Terms apply while you use IS3. A School’s access is governed by its subscription or agreement. On termination, the School may request the return or deletion of its data as described in the Privacy Policy and any Data Privacy Agreement.

10. Disclaimers and limitation of liability

To the maximum extent permitted by law, and except as otherwise set out in a School’s written agreement, IS3 is provided without warranties of any kind, and Innovated Solutions’ liability is limited as set out in that agreement. Nothing in these Terms limits any rights that cannot be limited under applicable law.

11. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The parties submit to the jurisdiction of the state and federal courts located in California, except where a School’s written agreement specifies otherwise.

12. Changes to these Terms

We may update these Terms. Material changes will be communicated to Schools, and continued use of the service after changes take effect constitutes acceptance of the revised Terms.

13. Contact

Innovated Solutions — privacy@innovatedsolutions.ai — innovatedsolutions.ai.