Terms of Use

1. Our Services
2. Intellectual Property Rights
3. User Content and Review Materials
4. User Representations
5. User Registration
6. Fees, Payment, and Subscriptions
7. Prohibited Activities
8. AI Features
9. Third-Party Integrations
10. Third-Party Websites and Content
11. Services Management
12. Privacy Policy
13. Term and Termination
14. Modifications and Interruptions
15. Governing Law
16. Dispute Resolution
17. Corrections
18. Disclaimer
19. Limitations of Liability
20. Indemnification
21. User Data
22. Electronic Communications, Transactions, and Signatures
23. California Users and Residents
24. Miscellaneous
25. Contact Us

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services support teaching, lesson planning, student feedback, participation, and teaching review workflows for individual instructors and institutions. Unless we have entered into a separate written agreement with your institution that provides otherwise, the Services are not intended for the submission, storage, or processing of information subject to specialized regulatory regimes such as protected health information under HIPAA, financial customer information under GLBA, or information requiring compliance with FISMA.

You are responsible for using the Services in accordance with applicable law and institutional policy. If your intended use may involve regulated, confidential, student-identifiable, personnel, or otherwise sensitive information, you should confirm that the use is authorized by your institution and any applicable agreement with us.

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Company Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Company Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Company Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and
• download or print a copy of any portion of the Company Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Company Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

This section applies only to the Services, Company Content, Marks, software, designs, and platform materials. It does not give us ownership of your User Content, Review Materials, lesson plans, teaching materials, student work, review comments, or other materials you or your institution submit through the Services. Those materials are addressed in the "User Content and Review Materials" section below.

If you wish to make any use of the Services, Company Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Company Content, you must identify us as the owners or licensors of the Services, Company Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Company Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

We provide tools for teaching review, student feedback, reflection, evaluation, lesson planning, and related instructional support. In the course of using the Services, you or your institution may upload, submit, link, create, save, or make available materials such as teaching narratives, course materials, lesson plans, activity ideas, student feedback, examples of student work, reviewer comments, ratings, rubrics, reports, documents, files, links, metadata, and related information ("User Content"). User Content that is submitted, created, linked, or used as part of a teaching review, reflection, or evaluation workflow may also be referred to as "Review Materials."

You retain ownership of your materials

We do not claim ownership of your User Content or Review Materials. As between you and us, you or the institution, department, instructor, reviewer, or other rights-holder that provided the materials retains all ownership rights, intellectual property rights, and other proprietary rights in those materials.

We do not sell, resell, publish, publicly display, publicly perform, broadcast, or use your User Content or Review Materials for advertising or marketing purposes without the permission of the person or institution authorized to give that permission. Any authorized use remains subject to the restrictions on personal information and student feedback in our Privacy Policy.

Limited permission to operate the Services

You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, display, format, process, and otherwise use your User Content and Review Materials solely as necessary to:

• provide, operate, maintain, secure, and improve the Services;
• make the materials available to the users, reviewers, instructors, administrators, or institutional representatives authorized to access them through the applicable review workflow;
• generate reports, summaries, displays, exports, or other outputs requested through the Services;
• screen student comments, evaluate screening quality, prepare restricted versions, and operate the restricted safety workflow described in these Legal Terms and our Privacy Policy;
• provide technical support, troubleshoot errors, prevent abuse, and protect the security and integrity of the Services; and
• comply with applicable law, legal process, institutional instructions, or contractual obligations.

This license is only for the purpose of providing and supporting the Services. It does not give us permission to use your teaching materials, review materials, image, voice, name, institutional affiliation, student work, or reviewer comments for unrelated commercial, advertising, public-facing, or promotional purposes.

Confidentiality and visibility of review materials

Review Materials are not public content. Access depends on the relevant course or review workflow and applicable permissions, which may include instructors, reviewers, institutional administrators, and personnel providing necessary support. Ordinary workflow permissions do not automatically grant access to restricted safety records.

Some User Content, such as saved lesson plans or other materials created outside an institutional review workflow, may be visible only to the account holder unless the user chooses to share it or make it available through a feature of the Services. Review Materials used in an institutional workflow may be visible to the roles designated for that workflow, and access may be controlled by institutional configuration, institutional instructions, or applicable agreements with the institution.

We may access User Content or Review Materials when reasonably necessary to provide support, maintain the Services, investigate technical issues, protect the security of the Services, comply with law, or carry out documented instructions from the relevant institution or authorized account holder.

Students can provide course feedback without a name or sign-in. Browser identifiers link participation and responses internally and are omitted from ordinary instructor reports. Response content may nevertheless identify a person. Restricted safety evidence is available to designated service administrators and, only when the assessment explicitly indicates that the owner is not implicated in any current concern and the applicable access checks are met, the course owner. A notification link does not itself authorize access.

Student information and third-party materials

You are responsible for ensuring that you have the right to upload, link, submit, or share any User Content or Review Materials you provide through the Services. This includes responsibility for complying with applicable institutional policies, copyright obligations, privacy obligations, and laws that may apply to student information or educational records.

When you submit records or materials about other people, you must have the authority required by applicable law and institutional policy. Students invited to provide course feedback may describe their own experiences and should avoid unnecessary identifying details. Instructors and institutions arranging student participation are responsible for obtaining any permissions required for that use, including participation by minors. These responsibilities do not change how we process information actually submitted, as explained in our Privacy Policy.

Feedback about the Services

If you send suggestions about the Services themselves, you allow us to use those suggestions to improve, develop, and promote the Services without compensation. This permission does not apply to student feedback about courses or teaching, or to teaching materials, student work, or institutional review records, which remain subject to the protections for User Content and Review Materials.

Removal or restriction of content

We may remove, disable, restrict, or limit access to User Content when reasonably necessary to protect the Services, comply with law, respond to institutional instructions, address security risks, prevent misuse, or remove material that violates these Legal Terms. When appropriate and feasible, we will try to provide notice or work with the relevant institution or account holder. Withholding or removing material from ordinary reports does not itself delete the original submission.

By using the Services, you agree to comply with these Legal Terms and represent that you meet the age and authorization requirements above. Any registration information you provide must be accurate and kept current. If you act for an institution or another person, you must have authority to do so. You must use the Services lawfully and must not use unauthorized automated means to access them.

We may suspend or terminate access for materially false registration information, unauthorized use, or other violations of these Legal Terms.

Some features require an account, institutional sign-in, or an authorized access link. Student feedback may be submitted without providing a name or signing in.

You are responsible for protecting private credentials, instructor access links, and authentication methods, and for activity through your authorized access unless caused by our failure to use reasonable safeguards. Course participation links and join codes may be shared with intended participants. Restricted safety links still require authorization.

Notify us at [email protected] if private credentials or access have been compromised.

Some Services may be offered for free, while others may require payment by you or your institution. Fees, billing terms, subscription terms, pilot terms, cancellation terms, renewal terms, and any applicable taxes may be set out at the point of purchase, in an order form, invoice, subscription checkout page, pilot agreement, or separate written agreement with us.

For institutionally licensed Services, the scope of access, number of authorized users, pilot limits, subscription term, renewal terms, and fees will be provided in an order form, invoice, pilot agreement, subscription checkout page, written proposal, or other agreement with us.

Where payment is made through a third-party payment processor, your payment information may be processed by that provider subject to its own terms and privacy policy.

Exit Tickets purchases and renewals

A one-time personal purchase provides six calendar months of access without automatic renewal. A personal subscription renews and charges the applicable subscription fee every six months until canceled. You can cancel future renewal through "Manage subscription" in My account before the next renewal. Cancellation preserves access for the remainder of the purchased period.

Institutional purchases add prepaid licenses. Each license provides one instructor with six calendar months of access from activation, and unused licenses do not expire. An institutional subscription purchases the selected number of licenses every six months until canceled, even when unused licenses remain. Authorized buyers can manage or cancel future purchases through "Manage subscription" in the institutional account. Canceling the subscription preserves previously purchased licenses and access already activated.

Renewing an instructor's institutional access is separate from purchasing licenses. While the instructor has selected an eligible institutional sponsor and renewal is permitted, qualifying teaching activity or an eligible student submission may activate another six-month period using an available prepaid license. Canceling the institution's recurring purchases does not by itself stop these renewals from existing licenses.

When paid access ends

Creating or reopening courses requires current paid coverage. After coverage expires, eligible courses already open for collection can continue collecting responses for a fixed 30-day grace period. Collection stops at the end of that period unless coverage has been renewed. Once collection has stopped because coverage lapsed, renewed coverage and an explicit instructor action to resume the course are required. Cancellation or expiry alone does not delete stored feedback or prevent authorized access to historical records, subject to our retention policy and the other access restrictions in these Legal Terms.

Refunds

Exit Tickets purchases are non-refundable, including subscription payments, unused portions of access periods, and unused institutional licenses, except where a refund is required by applicable law. Canceling a subscription stops future renewal; it does not refund a payment already made. For billing errors or to request a refund required by applicable law, contact [email protected].

If there is a separate written agreement between us and an institution, that agreement will control in the event of a conflict with these Legal Terms for the applicable institution or Services.

You may use the Services only for lawful, authorized purposes and in accordance with these Legal Terms, applicable institutional policies, and any separate written agreement that applies to your use of the Services.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Company Content contained therein.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Company Content.
• Attempt to impersonate another user or person or use the username of another user.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services’ software.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Access or use the Services to copy, benchmark, reverse engineer, or develop a competing product or service, except as permitted by applicable law or with our written permission.

When enabled, the Services use AI to screen submitted student comments for feedback suitability and possible safety concerns. Depending on the configuration, assessments are recorded to evaluate screening or used to withhold answers, remove material from ordinary reports, and notify authorized recipients through a restricted safety workflow. Original submissions remain stored when displayed material is removed. Existing restrictions may continue while live screening is paused or used only for evaluation, and queued answers may be screened when processing resumes.

When enabled, AI also generates feedback summaries from permitted student responses, answer selections, response counts, and question context. These summaries may appear in instructor reports and report emails. Summaries can be inaccurate or incomplete and should be checked against the underlying feedback before being relied on.

Automated assessments can be inaccurate or incomplete. The Services are not an emergency service, are not continuously monitored, and do not guarantee identification of a concern or any notification, review, contact, or intervention. A notification or viewing of a record does not establish that a concern has been addressed. Do not rely on the Services to request emergency assistance.

Our Privacy Policy explains the information processed, permitted access, and retention. Student feedback is not used for advertising, unrelated research, or training general-purpose AI models.

The Services may allow you or your institution to connect document storage, authentication, payment, or other third-party services for an authorized workflow. We also engage providers to operate the Services, including hosting, storage, authentication, payment processing, automated screening and feedback summaries, communications, and security, as described in our Privacy Policy.

When you connect a third-party service, we request access only for the purposes presented to you or your institution, such as allowing you to select, upload, preview, store, or share evidence within an authorized review workflow. We do not request access to your third-party accounts for unrelated purposes.

We do not ask you to provide your third-party account password to us. Authentication and authorization are handled through the applicable third-party provider.

Depending on the configuration selected by your institution, some files may remain stored in your institution’s or another third-party environment, while we store related information needed to operate the review workflow, such as file identifiers, links, metadata, review text, ratings, comments, and access records.

Your use of independently operated third-party services that you or your institution choose to connect remains subject to their terms and privacy policies. We are not responsible for those services' independent acts, omissions, availability, security practices, or policies. This disclaimer does not apply to providers we engage to operate the Services or limit our obligations under our Privacy Policy or applicable law.

The Services may contain links to third-party websites, resources, or content. We provide these links for convenience or functionality, but we do not control and are not responsible for third-party websites, resources, content, policies, security practices, or availability.

Your use of third-party websites, resources, or content is governed by the applicable third party’s terms and policies. Inclusion of a link or third-party resource does not imply endorsement by us.

We may take reasonable steps to operate, maintain, secure, and improve the Services. This may include monitoring for security threats, investigating suspected violations of these Legal Terms, preventing misuse, limiting excessive or harmful activity, and responding to legal, technical, or institutional requests.

When reasonably necessary, we may refuse, restrict, suspend, disable, or remove access to accounts, files, User Content, Review Materials, or other materials that we believe may violate these Legal Terms, create a security risk, infringe the rights of others, violate applicable law, interfere with the operation of the Services, or impose an unreasonable burden on our systems.

We may also cooperate with law enforcement, regulatory authorities, courts, institutions, or other appropriate parties when we believe it is legally required or reasonably necessary to protect users, institutions, us, or the Services.

When appropriate and feasible, we will try to provide notice or work with the affected user, account holder, or institution before or after taking action under this section.

Please review our Privacy Policy. Our Privacy Policy explains how we collect, use, disclose, retain, and protect information in connection with the Services.

The Services are operated from the United States. If you access the Services from outside the United States, you understand that information may be processed and stored in the United States or in other locations where we or our service providers operate, subject to our Privacy Policy and any applicable agreement with your institution.

We may suspend or terminate access to the Services, or remove or restrict access to accounts, User Content, or Review Materials, when reasonably necessary to address a violation of these Legal Terms, a security risk, unlawful activity, nonpayment, misuse of the Services, a request from an authorized institution or account holder, or another circumstance that could harm users, institutions, us, or the Services.

When appropriate and feasible, we will try to provide notice before or after taking action. However, we may act without prior notice when necessary to protect security, prevent harm, comply with law, or preserve the integrity of the Services.

We may update, modify, suspend, or discontinue parts of the Services from time to time, including to improve functionality, address security or technical issues, comply with law, respond to institutional needs, or change our offerings. When a material change is likely to affect active institutional workflows, we will try to provide reasonable notice when feasible.

We cannot guarantee that the Services will be available at all times. The Services may be interrupted, delayed, or unavailable because of maintenance, hardware or software problems, third-party service interruptions, security issues, or events beyond our reasonable control.

Nothing in these Legal Terms obligates us to maintain any particular feature indefinitely, except as provided in a separate written agreement with your institution.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Maryland applicable to agreements made and to be entirely performed within the State of Maryland, without regard to its conflict of law principles.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") or, where applicable, the AAA’s Consumer Arbitration Rules ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Arbitration fees and arbitrator compensation will be governed by the applicable AAA rules and applicable law. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Baltimore City, Maryland. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Baltimore City, Maryland, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

The Services support teaching review, reflection, evaluation, and related administrative workflows, but we do not make employment, promotion, tenure, reappointment, disciplinary, compensation, or other personnel decisions. Those decisions remain the responsibility of the applicable institution and its authorized decision-makers. The Services are intended to organize, structure, and support review processes, not to replace professional judgment, institutional policy, shared governance processes, or legal compliance obligations.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY COMPANY CONTENT, OUTPUTS, REPORTS, OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR APPROPRIATE FOR ANY PARTICULAR PURPOSE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by a third party due to or arising out of: (1) User Content you submit without the necessary rights, permissions, or authority; (2) your misuse of the Services; (3) your breach of these Legal Terms; (4) your violation of applicable law or institutional policy; (5) your violation of the rights of a third party, including intellectual property, privacy, or publicity rights; or (6) your intentional misconduct or harmful act toward another user. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We maintain certain data that you or your institution transmit to the Services for the purpose of providing, operating, maintaining, securing, and improving the Services. This includes account and course information, submitted materials and responses, participation identifiers and activity, screening assessments, restricted versions and safety records, and related operational information described in our Privacy Policy.

We may use aggregated or de-identified information about use of the Services to understand usage patterns, improve the Services, develop new features, support security, and report general product metrics. We will not use aggregated or de-identified information in a way that is intended to identify an individual instructor, reviewer, student, department, or institution, unless authorized by the relevant individual or institution or required by law.

We use reasonable administrative, technical, and organizational safeguards designed to protect the data maintained through the Services. We may also perform routine backups and use other measures intended to support the availability and integrity of the Services. However, no online service, storage system, backup process, or third-party integration can guarantee that data will never be lost, corrupted, delayed, interrupted, or unavailable.

You and your institution are responsible for retaining original copies of important materials that you upload, submit, link, or make available through the Services, including course materials, teaching evidence, student work, student feedback, institutional records, and other Review Materials. When files remain stored in an institutional or third-party system, you and your institution remain responsible for managing and retaining the originals in that system.

If you believe that data has been lost, corrupted, or made unavailable through the Services, please contact us at [email protected]. We will make reasonable efforts to help investigate and, where feasible, restore or recover affected data consistent with our Privacy Policy, applicable law, and any applicable agreement with your institution.

To the fullest extent permitted by law, we will not be responsible for loss, corruption, deletion, or unavailability of data except as provided in these Legal Terms, our Privacy Policy, or any separate written agreement between us and your institution.

Retention and deletion

Course responses and reports are retained for ongoing teaching portfolios and are not routinely deleted solely because they are old, a course ends, or an account becomes inactive. This does not guarantee uninterrupted access or permanent availability. Retention remains subject to applicable law, institutional agreements, and authorized deletion requests.

Upon request by an authorized account holder or institution, and subject to applicable law, institutional policy, technical limitations, and any separate written agreement with us, we will make reasonable efforts to export, return, delete, or restrict access to User Content and Review Materials associated with the relevant account or workflow. Participants, including those without accounts, may make privacy requests at [email protected]. We handle those requests under our Privacy Policy and applicable law, including any verification requirements and exceptions.

We may retain information where reasonably necessary to comply with legal obligations, resolve disputes, enforce agreements, maintain security, or preserve relevant records. Deletion from active systems may not immediately remove copies in backups; those copies may remain until the applicable backup retention period expires, subject to required preservation. Ending access or removing material from a report does not itself delete stored submissions.

When you visit the Services, send us emails, complete online forms, accept these Legal Terms, or use electronic workflows through the Services, you are communicating with us electronically. You agree that we may provide agreements, notices, disclosures, records, and other communications electronically, including through the Services or by email, unless applicable law or a separate written agreement requires another method.

You agree that electronic communications, records, and signatures may satisfy any legal requirement that such communications, records, or signatures be in writing, to the fullest extent permitted by law.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: Teaching Tools, LLC, [email protected].