Terms & Conditions

Last updated: September 01, 2016

Please read these Terms and Conditions and our Privacy Policy carefully before using the infercabulary.com website operated by Communication APPtitude LLC (herein Communication APPtitude). If you wish to contact us for any reason please contact Beth Lawrence at beth@commapptitude.com.  

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

Data
Communication APPtitude will store data pertaining to users (students, teachers, and administrators). The data stored by Communication APPtitude will be stored solely for the core functions of the application and will not be used in anyway for marketing or advertising purposes.

Data stored in the Infercabulary system includes, but is not limited to the following:

  • Email Addresses
  • Names
  • Grade Levels
  • School Names
  • Classroom Assignments
  • Student Progress Data (i.e. how a student has interacted with the data within the system)

Any data stored by Communication APPtitude for a customer will be made available to the customer upon request.

 

De-identified Data
Communication APPtitude may use de-identified data for product development, research, testing, or other purposes. De-identified data will have any data that may be considered personally identifiable information removed. This includes, but is not limited to:

  • Email Addresses
  • Names
  • Grade Levels
  • School Names
  • Classroom Assignments

Communication APPtitude agrees to not attempt to re-identify de-identified data.

Communication APPtitude may send de-identified data to third parties (e.g. researchers). These third parties will agree (in writing) not to attempt to re-identify de-identified data.

 

Data Destruction
At the request of a customer, Communication APPtitude will destroy any and all data stored in our system that pertains to their institution/district/school.

 

Marketing and Advertising
Communication APPtitude will not use data stored within the system in any way for marketing or advertising to students, teachers, or parents.

Communication APPtitude may send marketing materials to school administrators, but the information used will not include any data stored within the system for students or teachers.

 

Security
Communication APPtitude will protect confidential information using OWASP compliant security practices. This includes administrative, physical, and technical safeguards to prevent unauthorized access, disclosure and use of data stored within the system.

Communication APPtitude will conduct regular reviews of security practices in order to maintain a vigilant security posture. This includes risk assessments, log reviews, and policy updates.
In the event of a security or privacy incident, Communication APPtitude agrees to notify all affected parties within 24 hours of the identification of the incident.

 

Confidentiality
Communication APPtitude will not disclose confidential information, except to employees or agents who need to know that information. These employees and agents will agree in writing to keep the confidential data secure and not share it with other parties.  

 

Third Party Vendors
Communication APPtitude may utilize third-party vendors to perform product development work. This work will include, but will not be limited to, software development, design, testing, and customer support. Data access to these third-party providers will be limited, in that only need-to-know persons will have access to live data. Third-party vendors will be subject to the terms of this agreement.

Communication APPtitude agrees to send the names and contact information of third-party contractors to customers if requested.

 

FERPA
The parties acknowledge that customer data may include personally identifiable information (PII) from educational institutions that are subject to FERPA. With regards to FERPA records, Communication APPtitude will be considered a “School Official” (as defined by FERPA) and will comply with FERPA.

 

Governing Law
These Terms shall be governed and construed in accordance with the laws of Maryland, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Communication APPtitude regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Changes
Communication APPtitude reserves the right to modify these terms as needed. Communication APPtitude will provide advance notice of changes to terms at least 30 days prior to any new terms taking effect. This notice will occur via email to the institution manager(s). In the event that a specific customer does not consent with the new terms, then one of the following will occur:

  • The provider relationship will terminated with a prorated refund for any remaining costs of the contract.
  • The new terms will be modified as requested by the customer.

 

Termination
We may terminate or suspend access to InferCabulary Pro immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Contact Us
If you have any questions about these Terms, you may contact us using the information below.

Communication APPtitude
7400 York Road, Suite 231
Towson, MD 21204
Info@infercabulary.com
(410) 960-2444