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Terms of Service

Effective: January 1, 2024Last updated: March 1, 2026

Contents

  1. 1. Acceptance of Terms
  2. 2. Description of Services
  3. 3. Account Registration and Security
  4. 4. Subscriptions and Payment
  5. 5. Acceptable Use
  6. 6. Data Ownership and Privacy
  7. 7. Intellectual Property
  8. 8. Service Availability and Support
  9. 9. Limitation of Liability
  10. 10. Indemnification
  11. 11. Termination
  12. 12. Modifications to Terms
  13. 13. Governing Law and Dispute Resolution
  14. 14. Contact Information

1. Acceptance of Terms

When you use OpenEduCat -- our website, cloud platform, software, APIs, or documentation (the "Services") -- you agree to these Terms. If you are accepting on behalf of a school, university, or other organization, you confirm you have the authority to do so. If you do not agree, do not use the Services.

2. Description of Services

OpenEduCat is an open-source education management platform for schools, colleges, and universities. It covers student records, learning management, admissions, attendance, fees, exams, and more. You can run it in our cloud or host it yourself. Which features you get depends on your edition (Community or Enterprise) and subscription tier.

3. Account Registration and Security

Some features require an account. When you create one, use accurate information and keep your login credentials safe. You are responsible for everything that happens under your account. If you notice unauthorized access, tell us right away. We are not responsible for problems caused by compromised credentials on your end.

4. Subscriptions and Payment

Paid features require a subscription, billed yearly in advance. Fees are non-refundable unless our Refund Policy says otherwise. We will give you 30 days notice before changing prices. If you do not pay, we may suspend or cancel your access to paid features. You are responsible for any applicable taxes. Your order form specifies your user count, modules, and service hours -- going over those limits requires purchasing more capacity.

5. Acceptable Use

Use the Services lawfully and per these Terms. Here is what you cannot do: store or send malicious code through the Services; interfere with or degrade the Services; try to access systems or data you are not authorized to use; process data of children under 13 without parental consent (COPPA); resell or redistribute the Services without our written permission; or violate any applicable law, including FERPA, GDPR, and other education and data privacy rules.

6. Data Ownership and Privacy

Your data stays yours. We do not claim ownership of anything you put into OpenEduCat. We only process your data to run the Services and as described in our Privacy Policy. On our cloud, your data is encrypted both at rest and in transit. You can export your data anytime. If you cancel, we keep your data for 90 days so you can retrieve it, then permanently delete it -- unless the law requires us to keep it longer.

7. Intellectual Property

Community Edition is licensed under LGPLv3. Enterprise Edition uses a proprietary license (see our Enterprise License Agreement). Our trademarks, logos, and brand assets belong to OpenEduCat, Inc. These Terms do not give you permission to use our trademarks without written consent. Third-party software bundled with the Services follows its own license terms.

8. Service Availability and Support

We work to keep our cloud services running, but we cannot promise zero downtime. We will let you know before scheduled maintenance. Specific uptime, response time, and support commitments are in the SLA for your subscription tier. If you self-host, you handle your own uptime. We provide documentation, community forums, and optional paid support to help.

9. Limitation of Liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential, or punitive damages -- including lost data, lost revenue, or missed business opportunities -- from your use of the Services. The most we will ever owe you for any claim under these Terms is the total you paid us in the 12 months before the claim. This applies no matter the legal theory -- contract, warranty, tort, or otherwise.

10. Indemnification

If someone brings a claim against us because of how you used the Services, because you broke these Terms, because you violated a law, or because data you submitted infringed someone else's rights, you agree to cover our costs -- including reasonable legal fees.

11. Termination

You can cancel your account anytime by contacting support. We can suspend or terminate your access if you break these Terms, do not pay, or if the law requires it. Once terminated, you lose access to the Services immediately. The sections on data ownership, liability limits, indemnification, and governing law still apply after termination.

12. Modifications to Terms

We may update these Terms. For significant changes, we will email you or post a notice on our website at least 30 days ahead. If you keep using the Services after a change takes effect, that counts as acceptance. If you disagree, stop using the Services and cancel your account.

13. Governing Law and Dispute Resolution

These Terms follow Delaware law (without conflict-of-law rules). Any legal disputes go to state or federal courts in Delaware, and you agree to their jurisdiction. Before filing anything, both sides agree to try to work it out through good-faith negotiation for 30 days.

14. Contact Information

Questions about these Terms? Reach us at info@openeducat.org or by mail: OpenEduCat, Inc., 8 The Green, Suite A, Dover, Delaware 19901, United States.

Questions about this policy?

info@openeducat.org