Terms of Service
Please read these Terms carefully. By creating an account or using WiseBoard you agree to be bound by them.
1.Who we are
WiseBoard™ ("WiseBoard," "we," "us," or "our") is a classroom management platform operated by WiseBoard, LLC. These Terms of Service ("Terms") govern your access to and use of the WiseBoard website, mobile applications, and related services (collectively, the "Service").
2.Eligibility and accounts
You must be at least 18 years old, or the legal age of majority in your jurisdiction, to create a teacher, administrator, or parent account. Student accounts are created and managed by their teacher or school administrator on behalf of the student and are governed by our Privacy Policy.
You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us immediately at info@mywiseboardclassroom.com if you suspect unauthorized access.
3.Subscription, billing, and refunds
Paid plans renew automatically at the price disclosed at checkout until cancelled. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period and you retain access through that date. We do not provide pro-rated refunds for partial months or unused portions of an annual term except where required by applicable law.
School and district plans purchased by purchase order are billed on the terms agreed in the applicable order form or invoice; absent a written agreement, payment is due NET-30.
4.Acceptable use
You agree not to, and not to permit any user under your account to:
- Use the Service to violate any applicable law or regulation;
- Upload content that is unlawful, defamatory, harassing, infringing, or that exposes minors to harm;
- Reverse engineer, decompile, scrape, or attempt to derive source code from the Service except to the extent expressly permitted by applicable law;
- Resell, sublicense, or commercially redistribute the Service without our prior written consent;
- Interfere with the integrity, security, or performance of the Service, including by introducing malware, mass-automated requests, or unauthorized penetration testing;
- Use the Service to train any machine-learning model that competes with WiseBoard.
We may suspend or terminate accounts that violate these rules, with or without notice, and may report unlawful activity to the appropriate authorities.
5.Intellectual property
The Service, including all software, designs, text, graphics, logos, the "WiseBoard" name and mark, and the Pip™ character (collectively, the "WiseBoard IP"), is owned by WiseBoard, LLC and is protected by copyright, trademark, trade-secret, and other intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your own internal classroom or administrative use, subject to these Terms. No other rights are granted, by implication or otherwise.
"WiseBoard" and "Pip" are trademarks of WiseBoard, LLC. All other trademarks referenced in the Service are the property of their respective owners and are used for identification purposes only.
6.Your content; license to us
You retain ownership of any content you upload, generate, or otherwise submit to the Service ("Your Content"). You grant us a worldwide, royalty-free, non-exclusive license to host, store, reproduce, display, and adapt Your Content solely as necessary to operate, secure, support, and improve the Service for you and the users you authorize. We will not sell Your Content, will not use student personal information for advertising, and will not use Your Content to train any general-purpose AI model without your explicit, separate consent.
You represent that you have all rights necessary to submit Your Content and that doing so does not violate any third party's rights.
7.AI-generated content
Some features use third-party large-language-model providers (currently OpenAI) to generate suggested lesson plans, comments, sub plans, and other text. AI output may be inaccurate, incomplete, or unsuitable for your specific classroom; you are solely responsible for reviewing AI output before relying on it or sharing it with students or parents. We do not guarantee that AI output is free from error or bias.
Where the Service generates content involving a class roster (for example, sub plans or seating summaries), we send only aggregate, de-identified, or templated data to the AI provider ; never student names, freeform accommodation descriptions, or other student personal information. See our Privacy Policy for the full FERPA handling description.
8.DMCA / copyright complaints
We respect intellectual-property rights and respond to valid notices of claimed infringement under the Digital Millennium Copyright Act. To submit a notice, see our DMCA / Copyright Policy.
9.Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION 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 SECURE.
10.Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WISEBOARD OR CHAZ LANDRY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THAT PERIOD AND (B) ONE HUNDRED U.S. DOLLARS ($100).
11.Indemnification
You will defend, indemnify, and hold harmless WiseBoard, LLC and its officers, members, employees, and agents from any third-party claim arising out of (a) Your Content, (b) your use of the Service in violation of these Terms or applicable law, or (c) your violation of any third-party right.
12.Termination
You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms or if we discontinue the Service. Upon termination, the licenses granted to you end and we may delete Your Content after a reasonable retention period as described in our Privacy Policy.
13.Governing law and dispute resolution
Governing law. These Terms, and any dispute arising out of or relating to these Terms or the Service, are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflicts-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution first. Before filing any claim, you and we agree to try to resolve the dispute informally. Send a written notice describing the claim, the relief requested, and your contact information to info@mywiseboardclassroom.com. The parties will then attempt in good faith to resolve the matter for at least 30 days before either side may commence formal proceedings. The 30-day period does not apply to (a) claims for injunctive relief to protect intellectual-property rights or (b) small-claims court actions.
Exclusive venue. Any dispute not resolved informally must be brought exclusively in the state or federal courts located in the Commonwealth of Pennsylvania, and each party consents to personal jurisdiction and venue there.
Jury-trial waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
Class-action waiver. ANY CLAIM MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The court may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable as to any claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and brought in a court of competent jurisdiction; the remainder of this Section will continue to apply.
Time limit. Any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred. This time limit does not apply where prohibited by applicable law.
14.Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated by posting a revised version with a new "Last updated" date and, where appropriate, by email. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
15.Contact
Questions about these Terms? info@mywiseboardclassroom.com.
16.General provisions
Entire agreement. These Terms, together with the Privacy Policy, the DMCA Policy, and any order form or written agreement between us, constitute the entire agreement between you and WiseBoard regarding the Service and supersede any prior or contemporaneous agreements on that subject.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, on notice to you.
Force majeure. Neither party will be liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, governmental action, internet or utility outages, or third-party service disruptions.
Notices. We may provide notices to you by email to the address on your account or by posting on the Service. You must send legal notices to info@mywiseboardclassroom.com with a copy by U.S. mail to WiseBoard, LLC, P.O. Box 152, Strasburg, PA 17579 (also published on request).
Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and WiseBoard.
Headings. Section headings are for convenience only and do not affect interpretation.
17.Apple App Store additional terms
The following additional terms apply when you download the WiseBoard mobile application from the Apple App Store. They supplement, and do not replace, the rest of these Terms; in case of conflict, these App Store terms control as to the iOS version of the application.
- These Terms are concluded between you and WiseBoard, LLC only, and not with Apple. Apple is not responsible for the application or its content.
- Apple has no obligation to furnish any maintenance and support services for the application.
- In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility.
- We, not Apple, are responsible for addressing any claims by you or any third party relating to the application or your possession or use of it, including (a) product-liability claims, (b) any claim that the application fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer-protection or similar legislation.
- In the event of any third-party claim that the application or your possession and use of the application infringes that party's intellectual-property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they apply to the iOS application, and upon your acceptance Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
