Terms of Service

Effective Date: April 24, 2019

These Terms of Service (together with our Privacy Policy, collectively, the “Terms” or this “Agreement”) is a legal agreement between you and Aeries Software, Inc., (“Aeries”).  These Terms govern your use of Aeries and the products, features, apps, services, technologies, and software we offer, except where we expressly state that separate terms (and not these) apply.

Please read these Terms carefully.

1. Accepting the Terms

Your use of Aeries constitutes your agreement, without modification, to all of the terms, conditions, and notices in these Terms. If you do not accept these Terms, you may not use the Site. As used in these Terms, “we,” “our” or “us” refers to Aeries. “You,” “yours” or other similar designation refers to the person accessing or using the Site, including but not limited to LEA employees, administration officials, parents/guardians and/or students.

You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Aeries.

Before you continue, you should print or save a local copy of this Agreement for your records. 

2. Privacy and your Personal Information

You can view the Aeries Privacy Policy here. You agree to the applicable Aeries Privacy Statement, and any changes published by Aeries. You agree that Aeries may use and maintain your data according to the Aeries’ Privacy Policy, as part of the Services. You give Aeries permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Aeries services. For example, this means that Aeries may use your and other users’ non-identifiable, aggregated data to improve the Services and/or for marketing purposes, including but not limited to a statistical analysis of the number users using the Services.

3. Your Use of the Services

Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You will only use the Services for your own internal, personal, non-commercial, educational use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You further agree that you will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account, and, if you have a school or district account, you are responsible for ensuring that each student, teacher, and parent account associated with your account complies with all of the restrictions set forth in these Terms.

4.  FERPA and California AB 1584.

Regarding FERPA and California AB 1584 (Buchanan) Privacy of Pupil Records: 3rd-Party Digital Storage & Education Software (Education Code section 49073.1), Aeries will abide to the following:

Student records obtained by Aeries from an educational institution continue to be the property of and under the control of the educational institution. The educational institution retains full ownership rights to the personal information and education records it provides to Aeries.

Aeries users may retain possession and control of their own generated content by by emailing a request to legal@aeries.com. You may also request access to your personal information that we collect by sending a request to legal@aeries.com. We may not be able to completely remove your personal information from our systems in certain circumstances. For example, we may retain your personal information for legitimate business purposes, if it may be necessary to prevent fraud or future abuse, if required by law, or as retained in our data backup systems or cached or archived pages. All of your personal information that we keep will continue to be subject to the terms of this Privacy Notice to which you have previously agreed.

Aeries will not use any information in a student record for any purpose other than those required or specifically permitted by the Aeries Terms of Service and Privacy Policy.

Parents, legal guardians, or eligible students may review personally identifiable information in the student’s records and correct erroneous information by contacting their educational institution. Additionally, if permitted by your Educational agency, Aeries users may access, correct, update, or delete personal information in their profile by signing into their account, accessing their parent and/or student account, and making the appropriate changes.

Aeries is committed to maintaining the security and confidentiality of student records. In the event of a data breach, Aeries will adhere to the applicable Federal and/or State data breach regulations of the impacted user(s).  For purposes of this policy, a breach is any unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information that we maintain.

In addition, Aeries takes various security measures—physical, electronic, and procedural—to help defend against the unauthorized access and disclosure of your information. In addition to the restrictions discussed in this Privacy Policy, our employees are required to comply with information security safeguards, and our systems are protected by technological measures to help prevent unauthorized individuals from gaining access.  Aeries employees are trained to observe and comply with applicable federal and state privacy laws in the handling, processing, and storage of your information.  These measures meet or exceed the requirements of applicable federal and state law.

Despite these precautions, no system can be completely secure and there remains a risk that unauthorized access or use, hardware or software failure, human error, or a number of other factors may compromise the security of your information.  Upon discovery or notification of any unauthorized access disclosure, Aeries will take immediate measures to safeguard and prevent further dissemination of any personal information.  When reasonably able to do so, Aeries will notify the impacted parties via contact information on record, with information including but not limited:

  • Company contact information.
  • A general description of the breach incident.
  • An explanation, to the best of our knowledge, of what happened.
  • A listing of the types of personal information that is believed to be compromised.
  • If known, the date and time of the breach, or a best estimate.
  • Whether the notification was delayed as a result of law enforcement.
  • What steps the Company has taken to mitigate the situation, prevent it from happening again, and advice to the impacted individuals on how they can best protect themselves.

Notifications will be sent via email to all impacted users. Written notice may be sent to the impacted Educational Agencies in addition to email. Depending on where the impacted user lives, they may have a legal right to receive notice of a security breach in writing.

Aeries will delete or de-identify personal information when it is no longer needed, upon expiration or termination of our agreement with an educational institution with any deletion or de-identification to be completed according to the terms of our agreement with the educational institution, or at the direction or request of the educational institution.

Aeries agrees to work with educational institutions to ensure compliance with FERPA and the Parties will ensure compliance by providing parents, legal guardians or eligible students with the ability to inspect and review student records and to correct any inaccuracies therein as described in statement (4) above.

Aeries prohibits using personally identifiable information in student records to engage in targeted advertising.

5. Rights You Grant to Us

By submitting information, data, passwords, usernames, other log-in information, materials and other content to Aeries through the Services, you are licensing that content to Aeries for the purpose of providing the Services. Aeries may use and store the content in accordance with this Agreement and our Privacy Policy.  

As a condition of your use of this Site, you warrant to Aeries that you will not use this Site for any purpose that is unlawful or prohibited by the Terms of Use. You agree not to use this Site in any manner that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site. You agree not to obtain or attempt to obtain through this Site any materials or information not intentionally made available to you through this Site.

6. Use With Your Mobile Device

Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. AERIES MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

7. Social media sites

Aeries may provide experiences on social media platforms such as Facebook®, Twitter® and Instagram® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

8. Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS.  AERIES, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

9. Your Indemnification of Aeries

You shall defend, indemnify and hold harmless Aeries and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.

10. Modifications

Aeries reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Aeries reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Aeries shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.

Aeries may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.

Date last modified: April 24, 2019

Orchard.DisplayManagement.Shapes.Shape