Last Updated: [INSERT DATE]
DRAFT — For review by a licensed attorney before publication. Bracketed items must be completed before use.
These Terms of Service ("Terms") govern access to and use of the Reliora platform, including its associated web, admin, counselor, and student applications (collectively, the "Service"), provided by [YOUR LEGAL ENTITY NAME] ("Reliora," "we," "us," or "our").
Reliora is provided exclusively to educational institutions, including K-12 schools and districts (each, a "School"), and to authorized administrators, counselors, and students of a School acting under that School's authorization. By accessing or using the Service, the School and each authorized user agree to be bound by these Terms.
If you are an administrator entering into these Terms on behalf of a School or district, you represent that you have the authority to bind that institution.
Reliora provides the Service to Schools as a vendor performing institutional functions on the School's behalf. Reliora acts as a "school official" with a legitimate educational interest, as that term is used under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and its implementing regulations, and operates under the direct control of the School with respect to the use and maintenance of education records.
A separate Data Processing Agreement ("DPA") is executed with each School and is incorporated into these Terms by reference. In the event of a conflict between these Terms and a School's DPA regarding the handling of student data, the DPA controls.
Reliora enables Schools to: (a) import and maintain student and staff roster data drawn from the School's Student Information System ("SIS"); (b) allow students to initiate contact with school counselors; and (c) allow counselors and administrators to receive, triage, and respond to student messages, including messages indicating urgent need or crisis.
Reliora is a communication and routing tool. It does not provide medical, psychiatric, psychological, diagnostic, or emergency response services, and is not a substitute for professional mental health treatment or for emergency services such as 911 or a crisis hotline.
THE SERVICE IS NOT AN EMERGENCY SERVICE. If a student is in immediate danger or experiencing a medical or psychiatric emergency, the student, School staff, or any user should contact 911 (or the applicable local emergency number) or the 988 Suicide & Crisis Lifeline immediately, and should not rely solely on the Service.
Reliora provides tools to help route and flag messages that may indicate urgent risk, but Reliora does not guarantee real-time monitoring, immediate counselor availability, or that any message will be reviewed within any particular timeframe. Each School is responsible for establishing and following its own crisis-response protocols, for staffing sufficient personnel to monitor and respond to messages, and for ensuring compliance with applicable mandatory reporting laws.
Schools may import roster and directory data from their SIS (e.g., PowerSchool, Infinite Campus, or other systems) in a format supported by the Service. Each School's data is logically segregated from every other School's data. Reliora implements access controls designed so that no School, administrator, counselor, or student can access another School's data through ordinary use of the Service.
Schools are responsible for the accuracy of data they import and for promptly notifying Reliora of any need to correct or delete imported data.
Users agree not to:
As between Reliora and a School, the School retains all rights, title, and interest in the student and roster data it uploads ("School Data"). Reliora is granted a limited, non-exclusive license to use School Data solely to provide, maintain, and improve the Service for that School, and as otherwise described in the DPA and Privacy Policy. Reliora will not sell School Data or use it for advertising or for profiling students outside the educational purpose of the Service.
Reliora will maintain administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of School Data, consistent with the DPA. In the event of a security incident affecting School Data, Reliora will notify the affected School(s) in accordance with the timeframe specified in the DPA and applicable law.
[INSERT: pricing model, billing cycle, renewal terms, and refund policy, or reference a separate Order Form / Subscription Agreement executed with each School.]
These Terms remain in effect for as long as a School maintains an active subscription or account. Reliora may suspend or terminate access for material breach of these Terms, non-payment, or conduct that poses a security or safety risk to the Service or its users, upon notice where reasonably practicable. Upon termination, School Data will be handled according to the retention and deletion terms specified in the DPA.
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, OR NON-INFRINGEMENT. RELIORA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY MESSAGE WILL BE RECEIVED OR REVIEWED WITHIN ANY PARTICULAR TIME.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RELIORA AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, OR GOODWILL, ARISING FROM USE OF THE SERVICE. [INSERT: aggregate liability cap, e.g., fees paid in the preceding 12 months.] Nothing in these Terms limits liability that cannot be limited under applicable law, including for gross negligence, willful misconduct, or violations of applicable student data privacy law by Reliora.
[INSERT: mutual or one-directional indemnification provisions — recommend attorney drafting given the sensitivity of student data and potential negligence claims.]
These Terms are governed by the laws of the State of [INSERT STATE], without regard to conflict-of-laws principles. [INSERT: arbitration clause, venue, or small-claims carve-out as determined by counsel.]
Reliora may update these Terms from time to time. Material changes will be communicated to Schools by email or in-app notice at least [INSERT NUMBER] days before taking effect. Continued use of the Service after changes take effect constitutes acceptance.
Questions about these Terms may be directed to: [INSERT CONTACT EMAIL / ADDRESS].