Terms of Service

The Service is intended for use by Institutions and the students, instructors and staff they authorise ("Users"). You may use the Service only if your Institution has made it available to you, typically by launching it from a course in your Institution's learning management system ("LMS") or by an invitation to the Control Center.

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify your Institution or us promptly if you believe your account has been accessed without authorisation.

You agree not to:

• use the Service in violation of any applicable law or your Institution's policies;
• access or attempt to access information, accounts or Institutions you are not authorised to access;
• submit attendance or other information you know to be false, or act on behalf of another User without authorisation;
• interfere with, disrupt, probe or circumvent the security or integrity of the Service;
• introduce malicious code, or use automated means to access or scrape the Service;
• copy, modify, reverse-engineer, resell or create derivative works of the Service, except as applicable law expressly permits; or
• use the Service to build a competing product.

We may suspend or restrict access that we reasonably believe violates these Terms, and will inform the affected Institution where practicable.

As between RollWise and the Institution, the Institution owns all data it and its Users submit to or generate in the Service ("Institution Data"), including student and attendance records. We claim no ownership of Institution Data.

The Institution grants us the right to process Institution Data solely to provide, maintain, secure and support the Service for the Institution, as described in our Privacy Policy and the Institution Agreement. For Institutions subject to FERPA, we act as a school official with a legitimate educational interest and handle education records accordingly.

When the Institution Agreement ends, the Institution may request a copy of its Institution Data and its deletion, as set out in the Privacy Policy.

The Service, including its software, design, documentation and content (excluding Institution Data), is owned by RollWise or its licensors and is protected by intellectual-property laws. Subject to these Terms and the Institution Agreement, we grant the Institution and its authorised Users a limited, non-exclusive, non-transferable right to access and use the Service for the Institution's internal educational purposes during the term of the Institution Agreement. All rights not expressly granted are reserved.

If you provide suggestions, ideas or feedback about the Service, we may use them without restriction or obligation to you.

The Service operates within, and depends on, the Institution's LMS and other third-party services the Institution chooses to use. We do not control those services and are not responsible for their availability, performance, configuration or content, or for the permissions the Institution grants the Service within them. Your use of those services is governed by their own terms.

We work to keep the Service available and reliable, but except as stated in the Institution Agreement we do not guarantee that it will be uninterrupted, error-free or free of defects. We may modify, add or remove features of the Service over time. If a change would materially reduce the functionality an Institution relies on, we will give the Institution reasonable notice.

The Service records and reports attendance and participation information. All decisions based on that information — including grading, academic standing, eligibility, financial aid and compliance determinations — are made solely by the Institution and its staff. The Institution is responsible for reviewing attendance information before relying on it for any such decision.

EXCEPT AS EXPRESSLY PROVIDED IN AN INSTITUTION AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ITS RESULTS WILL BE ACCURATE OR COMPLETE.

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) ROLLWISE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY; AND (B) ROLLWISE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES PAID TO ROLLWISE BY THE APPLICABLE INSTITUTION IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS ($100) IF NO FEES WERE PAID.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

To the extent permitted by applicable law, you agree to defend and indemnify RollWise against third-party claims, damages and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or your misuse of the Service.

An Institution may end its use of the Service as provided in its Institution Agreement. We may suspend or terminate access to the Service for a material or repeated breach of these Terms, after notifying the Institution where reasonably practicable, or where required by law. On termination, your right to use the Service ends. Sections 3, 4, 7, 8, 9, 10, 12 and 14 survive termination.

These Terms are governed by the laws of the State of North Carolina, USA, without regard to its conflict-of-law rules. Any dispute arising out of these Terms that is not resolved informally will be brought in the state or federal courts located in North Carolina, and you consent to their jurisdiction.

We may update these Terms from time to time. If we make material changes, we will update the effective date above and notify Institutions before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of them.

These Terms, together with the Privacy Policy and any applicable Institution Agreement, are the entire agreement between you and RollWise regarding the Service. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets.

Questions about these Terms: email us at contact@rollwiseapp.com or use the contact form on our website.