These Terms of Service ("Terms") govern access to and use of QuikComply, a web-based application for scheduling and coordinating IEP meetings ("Service"), made available to school districts and their staff. Please read these Terms carefully before using the Service.
By creating an account, logging in, or otherwise accessing or using the Service, you agree to be bound by these Terms and by the Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Service.
If you are using the Service on behalf of a school district or other local education agency ("District"), you represent that you are authorized to act on the District's behalf and that the District agrees to be bound by these Terms.
The Service helps Districts schedule IEP meetings, identify staff and scheduling conflicts, coordinate backup staff coverage, and send meeting-related notifications to parents/guardians and staff. The Service may optionally use a third-party AI model to help extract information from uploaded documents, and may optionally connect to Google Workspace services (Gmail for sending reminder emails and reading replies, Google Forms for feedback surveys, and read-only Google Drive for document imports), all as described in the Privacy Policy.
The Service is a scheduling and coordination tool. It does not provide legal, special-education compliance, or clinical advice, and does not replace a District's own legal or compliance review of its IEP process.
The Service is intended solely for use by Districts and their Authorized Users. There is no public registration; every account is created by a District administrator for a specific staff member, and access is not open to the general public, parents, students, or the press.
Each Authorized User is responsible for:
A District administrator may deactivate or delete any Authorized User's account at any time, including upon that individual's separation from the District.
The Service is provided solely for scheduling and coordinating IEP meetings and related staff communication. You agree not to:
We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including suspending or terminating that individual's or District's access to the Service.
As between the parties, the District owns all Customer Data. We do not claim any ownership interest in Customer Data. We will not sell Customer Data, use it for advertising or marketing purposes, or use it to train artificial intelligence or machine learning models, except as described in the Privacy Policy.
We use Customer Data solely as necessary to (a) provide, maintain, and support the Service for the District; (b) as instructed by the District; and (c) as otherwise permitted under these Terms, the Privacy Policy, or applicable law. The District grants us a limited license to access, use, host, and process Customer Data for these purposes.
The District is responsible for the accuracy, quality, and legality of Customer Data it or its Authorized Users submit, and for having obtained any consents or authorizations required before entering student or family information into the Service.
To the extent Customer Data includes "education records" as defined under the Family Educational Rights and Privacy Act (FERPA, 20 U.S.C. § 1232g; 34 CFR Part 99), we act as a "school official" with a "legitimate educational interest" in that data, under the direct control of the District with respect to the use and maintenance of education records, consistent with 34 CFR § 99.31(a)(1). We will:
If a District is located in California, this Section is intended to satisfy, and should be read together with, the contractual terms required by California Education Code § 49073.1 for agreements between a District and a third-party digital service provider handling pupil records.
The Service, including its software, design, text, graphics, and all associated intellectual property rights (excluding Customer Data), is owned by the Company or its licensors and is protected by copyright, trademark, and other laws. Subject to these Terms, we grant the District and its Authorized Users a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the term of this agreement, solely for the District's own internal educational and administrative purposes.
Nothing in these Terms transfers any ownership interest in the Service to the District or any Authorized User. All rights not expressly granted are reserved.
The Service may integrate with or rely on third-party services chosen by the District or its administrator, including Google Workspace APIs (for email sending, reply reading, feedback forms, and read-only Drive imports) and OpenAI's API (for optional document-import assistance). Use of these integrations is optional except where noted, and is governed both by these Terms and by the relevant third party's own terms of service. We are not responsible for the acts, omissions, or availability of any third-party service.
Any fees for use of the Service, and the payment terms applicable to them, are set out in a separate written agreement between the Company and the District (an "Order Form" or similar document), and are not otherwise stated in these Terms. In the absence of such an agreement, use of the Service is provided on the basis separately communicated to the District.
We will use commercially reasonable efforts to keep the Service available and to maintain backups of Customer Data, but we do not guarantee any specific uptime, and the Service may be temporarily unavailable for maintenance, updates, or reasons beyond our control. A District relying on the Service to help track legally-required meeting deadlines should independently maintain awareness of those deadlines and should not rely solely on any single system, including this one.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY THE DISTRICT FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) [$500].
Nothing in these Terms limits any liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, or death or personal injury caused by our negligence.
The District agrees to defend, indemnify, and hold harmless the Company from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of (a) the District's or its Authorized Users' violation of these Terms or applicable law, or (b) Customer Data submitted by the District, except to the extent caused by our breach of these Terms or the Privacy Policy.
These Terms remain in effect for as long as the District or any Authorized User uses the Service. Either party may terminate the relationship in accordance with any separate written agreement between them or, absent such an agreement, upon reasonable written notice to the other.
We may suspend or terminate access to the Service, in whole or in part, immediately and without notice, if we reasonably believe an Authorized User has violated Section 5 (Acceptable Use), or if suspension is necessary to prevent harm to the Service, other Districts, or any person.
Upon termination, the District's right to access the Service ends, and Section 7 (FERPA and Education Records) governs the return or deletion of education records. Sections 2, 6–9, and 12–16 survive termination.
These Terms are governed by the laws of the State of [California], without regard to its conflict-of-laws principles. The parties agree to the exclusive jurisdiction of the state and federal courts located in [County, California] for any dispute arising out of or relating to these Terms, and each party waives any objection to venue in those courts.
Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including natural disaster, act of government, internet or utility failure, or widespread outage of a third-party service the Service relies on.
If any provision of these Terms is held unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
The District may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.
These Terms, together with the Privacy Policy and any separate written agreement between the parties, constitute the entire agreement between the District and the Company regarding the Service, and supersede any prior agreements on that subject.
We may update these Terms from time to time. If we make a material change, we will update the "Last updated" date above and, where practical, notify District administrators. Continued use of the Service after a change takes effect constitutes acceptance of the revised Terms.
Authorized Users with questions about these Terms should contact their District's QuikComply administrator. Districts may contact the Company at [legal/contact email].