Terms of Service
Please read these terms carefully. They include a binding arbitration agreement and a waiver of class actions and jury trials (section 22), limits on A10's liability (sections 19 and 20), and the School's promise to defend A10 against certain claims (section 21). By signing up for, signing in to, or using the Service, you agree to these terms. If you do not agree, do not use the Service.
- The agreement
- Words used in these terms
- The Service
- Accounts
- Parents and students
- The School's responsibilities
- School Data
- Student privacy commitments
- Messages sent through the Service
- Automated and AI features
- Fees, trials and renewal
- Acceptable use
- Ownership and license
- Other companies' services
- Availability, backups and support
- Security and incidents
- Confidentiality
- Suspension and ending use
- Disclaimers
- Limitation of liability
- Indemnity
- Disputes and arbitration
- Governing law
- Changes to these terms
- General
- Contact
1. The agreement
These Terms of Service (the "Terms") are a legal agreement between A10 Solutions LLC, which offers the Service under the name A10 Education ("A10", "we", "us", "our"), and (a) the school, school system or organization that signs up for or uses the Service (the "School"), and (b) each person who uses the Service ("you", a "User").
- Authority. If you sign up, pay, or accept these Terms for a School, you confirm that you are at least 18 years old and are authorized to bind the School, and the School is bound. If you are not authorized, you personally accept these Terms and the responsibilities of the School under them.
- How you agree. You agree to these Terms by checking the box at sign-up, by signing in, or by using the Service in any way. Each later sign-in or use confirms your agreement to the Terms then in effect.
- Other documents. Our Privacy Policy is part of these Terms. A written agreement or order form signed by A10 and a School (an "Order") is also part of these Terms; if an Order conflicts with these Terms, the Order wins only for that School and only on the point it expressly addresses. Terms in a School's purchase order or vendor form do not apply unless A10 signs them.
2. Words used in these terms
- "Service": the A10 Education website, web application, related software, emails, messages, printouts, exports and support.
- "School Data": information about students, parents, guardians, staff and the School that the School or its Users enter into or create in the Service, including attendance, points, marks, report cards, incident reports, pictures and notes.
- "Administrator": a User the School has given administrator or principal rights.
- "Parent" and "Student": a parent, guardian or student the School invites to the parent or student portal.
- "A10 Parties": A10 Solutions LLC, its members, managers, employees, contractors, agents, successors and assigns.
- "Including" means "including without limitation".
3. The Service
A10 Education is a tool that helps schools keep attendance, class attendance, points, test marks, report cards, incident reports, calendars and schedules, and communicate with parents. A10 provides software only. The School, not A10, decides how to run the School, what to record, what any record means, and what to do about it.
- Changes. We may add, change, improve or remove features at any time. If we remove a major feature a paying School relies on, we will try to tell its Administrators in advance.
- New and test features. Features marked as new, beta, preview or test, and the sample school, are provided as they are, may change or stop at any time, and are excluded from any commitment in these Terms.
- Not an emergency or safety system. The Service is not designed or allowed to be used to know where a student is at any moment, to confirm a student's safety, to report emergencies, or to replace the School's own safety, dismissal, attendance-reporting or child-protection procedures. Messages and notices may be late or may not arrive.
- Not professional advice. Nothing in the Service is legal, educational, medical, psychological, financial or other professional advice.
4. Accounts
- Accounts are created by sign-up or by invitation from an Administrator. Give true, current information.
- Keep your sign-in private, do not share your account, and sign out on shared devices. You are responsible for everything done with your account.
- Tell your School and us at once at admin@a10.education if you think your account has been used without permission.
- The School decides each User's role and what they may see and change, and may change or remove access at any time. The School is responsible for removing access for people who leave or should no longer have it.
- The School is responsible for everything its Users, Parents and Students do in the Service.
5. Parents and students
Parents and Students use the Service only because their School invited them. The School decides what they may see. Questions or requests about a student's information, including requests to see, correct or delete it, must go to the School, which controls that information. A Student under 18, or under the age of majority where they live, may use the Service only with the School's authorization and the knowledge of a parent or guardian. Parents and Students may not share what they see in the portal about anyone other than themselves or their own child.
6. The School's responsibilities
The School is solely responsible for, and promises A10 that:
- it has every right, notice and consent needed to enter School Data into the Service, to let A10 process it as these Terms and the Privacy Policy describe, and to send the messages it sends, under every law that applies, including the Family Educational Rights and Privacy Act (FERPA), the Children's Online Privacy Protection Act (COPPA), the Protection of Pupil Rights Amendment (PPRA), state student privacy and biometric laws, and New York Education Law section 2-d where it applies;
- School Data is accurate, and the School reviews records, totals, calculations and reports before relying on them or sharing them;
- every decision the School makes using the Service is the School's own, including attendance, lateness, detention, discipline, incident reports, money held or fines, points, rewards, marks, grades, report cards, promotion and communications with families, and the School is responsible for those decisions and for following its own policies and the law in making them;
- it keeps any records the law requires it to keep, in its own systems, for as long as the law requires;
- it sets roles and permissions correctly and limits access to people with a legitimate educational interest;
- if it is a New York public school, school district or BOCES or is otherwise subject to New York Education Law section 2-d, or is subject to any other law that requires a signed data-protection agreement, it will tell A10 before entering any student data, and will not enter it until A10 and the School have signed the required agreement.
7. School Data
- Ownership. School Data belongs to the School. A10 claims no ownership of it.
- License to A10. The School gives A10 a worldwide, non-exclusive, royalty-free license, for as long as A10 holds School Data, to host, copy, process, transmit, display and back up School Data as needed to provide, secure, support and improve the Service, to comply with the law, and as the Privacy Policy describes.
- De-identified information. A10 may create and use information that has been de-identified and combined so that it does not identify, and cannot reasonably be used to identify, any School, student or person (for example, how often a feature is used), to operate and improve the Service. A10 will not try to re-identify it.
- Feedback. If you send us ideas or suggestions, we may use them for any purpose without any duty to you.
- Your copy. The School can print and export its information at any time while it has access.
8. Student privacy commitments
For student information in School Data, A10 commits to the School that it will:
- act as a "school official" with a legitimate educational interest under FERPA, under the School's direct control as to the use and keeping of education records, and use student information only to provide the Service to the School and as the School directs;
- rely on the School's consent on behalf of parents under COPPA, for the School's educational purposes only;
- not sell student information, not use it for targeted advertising, and not build a profile of a student for any purpose other than the School's own;
- not disclose it except as the Privacy Policy describes, as the School directs, or as the law requires;
- protect it with reasonable administrative, technical and physical safeguards; and
- delete it when the School stops using the Service, as section 18 describes.
9. Messages sent through the Service
Emails, WhatsApp messages, notices, invitations and reports that a School or User sends or turns on in the Service are sent by and for the School. The School is the sender and is solely responsible for their content, for who receives them, for having each recipient's consent where the law requires it, for honoring requests to stop, and for following every law and rule that applies, including the CAN-SPAM Act, the Telephone Consumer Protection Act, and the rules of Google, Meta and WhatsApp. Automatic notices go out according to the School's settings. A10 does not review messages and does not promise that any message will be delivered, delivered on time, or read.
10. Automated and AI features
- Suggestions only. Some features suggest information automatically, such as reading points from a photo of a marking sheet (using artificial intelligence), matching faces in a class photo to students' pictures, calculating minutes late, totals, levels and amounts owed, and filling in report cards. These are suggestions and calculations based on the School's data and settings. They can be wrong. A person at the School must check them before saving or relying on them, and the School is responsible for what it saves and does.
- Class-photo marking. This feature is off unless an Administrator turns it on. Before turning it on, the School must confirm that using it is lawful where the School is located and must give any notice and obtain any consent the law requires. Some laws limit or forbid facial recognition or the use of biometric information in schools, including in New York State and in Illinois, Texas and Washington; a School that is subject to such a law must not turn this feature on.
11. Fees, trials and renewal
- Price. The School pays the fees shown when it chooses a plan, or in its Order. Prices are in U.S. dollars and do not include taxes, which the School pays (other than taxes on A10's income).
- Automatic renewal. Plans renew automatically for another period of the same length (a month or a school year) at the then-current price, and the School's payment method is charged at the start of each period, until the School cancels. The School can cancel at any time in Settings > Billing or by emailing us; cancellation takes effect at the end of the period already paid for. The price for each new period is the price shown in Settings > Billing when that period starts.
- Free trial. A free trial lasts for the days shown at sign-up. No payment method is needed for a trial and nothing is charged unless the School chooses a plan. When a trial ends without a plan, the School's information stays available to read but can no longer be changed, and A10 may delete it as section 18 describes if no plan is chosen.
- No refunds. Fees are not refundable, including for unused time, partly used periods or features not used, except where the law requires a refund or A10 agrees in writing.
- Late or failed payment. If a payment fails or is late, A10 may make the School's account read-only or suspend it until it is paid, and amounts more than 30 days overdue may bear interest at 1% a month or the highest rate the law allows, if lower, plus reasonable costs of collection. A School that disputes a charge must tell us within 60 days of it, or the charge is final.
- Payments. Card and bank payments are processed by Stripe under its own terms. A10 does not receive or store full card or bank account numbers.
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Referral program. A School may share its referral link with another school. The following apply:
- New schools only. The program is only for a school that is new to A10 and signs up through the link. It does not apply to a school that already has an account, or that is re-joining under a new account (for example, an existing school's administrator, or a school already on A10 under the same name). A referral cannot be added after sign-up.
- Yearly plan first. The new school gets US$100 off its first yearly payment, and the referring School gets a US$100 credit toward its next bill(s) with A10, but only if the new school's first paid plan is a yearly plan. If its first payment is for a monthly plan, neither school receives the US$100, even if the new school later switches to a yearly plan. Starting with a free trial does not affect this.
- Limits. A referring School can earn up to US$1,000 of credit in any 12 months. Credits have no cash value, cannot be transferred and are applied to the referring School's own A10 fees only. If the new school's yearly payment is refunded or reversed, the credit is taken back. A School cannot refer itself.
- What each school sees. The referring School sees the name of a school that signed up for a year through its link (not schools that only started a trial or pay monthly). The new school sees the name of the School that invited it.
- A10 may change or end the program, or withhold or reverse a discount or credit that was obtained by abuse or against these terms. Credits already earned under the program as it was at the time are honored.
12. Acceptable use
You and the School will not, and will not help anyone else to:
- use the Service for anything unlawful, fraudulent, harmful or discriminatory, or to harass, bully, threaten, defame or invade anyone's privacy;
- look at, copy or use information you are not authorized to see, or share student information outside your role or your School;
- enter information the School has no right to enter, or sensitive information the Service does not need (such as Social Security numbers, bank details or detailed health records);
- send spam, or messages a recipient has not agreed to receive or has asked to stop;
- break, overload, probe, scan or get around the security or limits of the Service, or access it by robots, scrapers or other automated means we have not allowed in writing;
- copy, sell, rent, sublicense, frame, mirror, decompile, disassemble or reverse-engineer the Service, or use it or what you learn from it to build or help build a competing product;
- upload viruses or harmful code, or content that infringes anyone's rights;
- pretend to be someone else, or misrepresent your connection to a School; or
- remove or change any notice of A10's rights.
We may investigate any suspected breach of this section and may remove content or suspend access while we do.
13. Ownership and license
The Service, including its software, code, design, screens, workflows, text, graphics, logos and the name "A10 Education", belongs to A10 or its licensors and is protected by copyright, trademark and other laws. While the School is in good standing, A10 gives the School and its Users a limited, revocable, non-exclusive, non-transferable right to use the Service for the School's own internal educational purposes under these Terms. All other rights are reserved. Nothing in these Terms gives anyone any right in A10's name, logos or trademarks.
14. Other companies' services
The Service works with services run by other companies, such as Google (sign-in, Gmail, Google Sheets, Maps, hosting and Gemini), Meta (WhatsApp), Stripe (payments) and email delivery providers. Your use of them is also governed by their own terms and privacy policies. A10 does not control them and is not responsible for them, for their availability, or for any change they make that affects the Service. If a School connects its own account with such a service (for example, a Google Sheet or a WhatsApp Business number), the School is responsible for that account and for what it allows. When a School connects its WhatsApp Business number through A10's connection with Meta, the School authorizes A10 to send the School's messages and manage the message template A10 uses on that number, and Meta charges the School directly for messages under Meta's terms.
15. Availability, backups and support
- We work to keep the Service available, but it may be unavailable, slow or have errors at times, including for maintenance, updates, failures of our providers, the internet, or events outside our control. A10 does not promise any level of availability unless an Order says so.
- The School keeps its own copies. The Service is not a records-retention or archiving system. The School is responsible for keeping its own copies of any information it needs or must keep (for example by printing or exporting reports, or by using the Google Sheet sync). A10 is not responsible for lost, changed or corrupted information, including information changed or deleted by a User.
- Support is offered by email on a reasonable-efforts basis.
16. Security and incidents
A10 uses reasonable safeguards designed to protect School Data, but no system is perfectly secure and A10 does not promise that the Service or School Data will never be accessed, changed or lost without permission. If A10 confirms that School Data in its control was accessed or disclosed without permission, A10 will tell the School without undue delay and as the law requires, share the information it reasonably can, and take reasonable steps to limit the harm. The School is responsible for any notices to students, parents, staff and authorities that the law requires of the School. Telling the School about an incident is not an admission of fault or liability.
17. Confidentiality
Each side will keep the other's non-public information it receives through the Service (for A10: School Data; for the School: non-public information about the Service, its prices offered privately and its security) confidential, and use it only for the purposes of these Terms, except information that is or becomes public through no fault of the receiving side, was already known to it, is independently developed, or must be disclosed by law (after notice where the law allows).
18. Suspension and ending use
- The School may stop using the Service at any time by cancelling its plan; fees already paid are not refunded.
- A10 may suspend or end access for any User or School, immediately and without liability, if they break these Terms, do not pay, put the Service, A10 or others at risk, or if the law or a provider requires it. Where reasonable, A10 will tell the School first. A10 may also stop offering the Service to a School for any other reason with 30 days' notice, and will refund any fees paid for time after it stops.
- After the School's use ends, the School may ask for a copy of its School Data within 30 days. After that, A10 deletes School Data within 90 days as the Privacy Policy describes, except as the law requires A10 to keep it. A10 has no duty to keep School Data after that.
- Sections that by their nature should continue after these Terms end do continue, including sections 6, 7, 10, 11 (amounts owed), 13, 16, 17 and 19 to 25.
19. Disclaimers
To the fullest extent the law allows, the Service and everything in it are provided "as is" and "as available", with all faults, and without warranties of any kind, whether express, implied or by law, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, or that the Service will be uninterrupted, timely, secure, error-free or free of harmful components, that any defect will be corrected, that any information, calculation, suggestion, message or report will be accurate, complete or delivered, or that the Service will meet any requirement of the School or of any law. A10 is not responsible for any decision made or action taken by a School, User, Parent or Student, or for their content, conduct or communications.
20. Limitation of liability
To the fullest extent the law allows: (a) no A10 Party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, savings, data, use, goodwill or reputation, or the cost of substitute services, however caused and on any theory of liability (contract, tort including negligence, strict liability or otherwise), even if told of the possibility; (b) the total liability of all A10 Parties together, for all claims of every kind relating to the Service or these Terms, will not exceed the greater of the fees the School actually paid A10 for the Service in the 12 months before the event that gave rise to the claim, or one hundred U.S. dollars ($100); and (c) no claim may be brought against any A10 Party more than one year after it arose.
These limits apply even if a remedy fails of its essential purpose, and are an essential basis of the bargain: the Service is priced in reliance on them. They do not limit liability that the law does not allow to be limited, such as liability for fraud or, where the law so provides, for gross negligence or willful misconduct. The A10 Parties other than A10 have no personal liability to any School, User, Parent or Student for the Service, and each of them may enforce this section.
21. Indemnity
The School will defend, indemnify and hold harmless the A10 Parties from and against every claim, demand, investigation, proceeding, loss, liability, damage, fine, penalty, cost and expense (including reasonable attorneys' fees) brought by anyone other than A10 (including a student, parent, staff member, government agency or regulator) that arises from or relates to: (a) School Data, or the School's collection, entry, use or sharing of it; (b) the School's lack of any right, notice or consent required by law; (c) decisions and actions of the School or its Users, including attendance, discipline, detention, fines, grades and reports; (d) messages sent by or for the School; (e) the use of the Service by the School's Users, Parents and Students; (f) the School's use of any optional feature, including class-photo marking; or (g) the School's or its Users' breach of these Terms or of any law. Each User who breaks these Terms will likewise indemnify the A10 Parties for claims arising from that breach. A10 will tell the School of a claim it learns of, may choose its own lawyer at the School's expense, and must approve any settlement that admits fault for, or places any duty on, an A10 Party.
22. Disputes and arbitration
This section requires disputes to be decided by an arbitrator, one party at a time, instead of in court, by a jury, or in a class action.
- Talk to us first. Before starting any proceeding, the party with a claim must send the other a written notice describing it and the relief sought (to A10 at admin@a10.education), and both will try in good faith to resolve it for 60 days.
- Binding arbitration. Any dispute, claim or controversy arising out of or relating to the Service, these Terms or the Privacy Policy, including whether they are valid, enforceable or arbitrable, will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or its Consumer Arbitration Rules where they must apply, before a single arbitrator. The arbitration will take place in the State of New York, in the county where A10 has its principal place of business, or by video or on written submissions if both sides agree. The arbitrator's award may be entered as a judgment in any court with jurisdiction. The Federal Arbitration Act governs this section.
- One party at a time. Claims may be brought only individually, not as a plaintiff or member of any class, collective, consolidated or representative proceeding, and the arbitrator may not combine claims of different parties or award relief to anyone other than the individual party. If this sentence is found unenforceable for a claim, that claim must be decided in court as section 23 describes, and not in arbitration.
- Many similar claims. If 25 or more similar demands are filed against A10 by or with the help of the same lawyers or organizations, they will be administered in batches of up to 25 at a time, each batch before one arbitrator, with fees charged per batch, and the rest paused until each batch is decided.
- Exceptions. Either side may bring an individual claim in small claims court if it qualifies, and A10 may seek an injunction or other emergency relief in court to protect its software, intellectual property, confidential information or the security of the Service, or to collect unpaid fees.
- Costs. Each side pays its own lawyers' fees and costs, and AAA fees are paid as its rules provide, except that the arbitrator may award fees and costs to A10 if a claim against it is found frivolous or brought for an improper purpose, and must award them where the law requires.
- Jury waiver. To the extent any dispute is decided in court, each party knowingly and voluntarily gives up any right to a trial by jury.
- Opting out (individual Parents, Students and Users only). An individual who is not acting for a School may opt out of arbitration by emailing admin@a10.education within 30 days of first accepting these Terms, with their name and the subject "Arbitration opt-out". Opting out does not affect any other part of these Terms.
23. Governing law and courts
These Terms, and any dispute relating to the Service, are governed by the laws of the State of New York and the United States, without regard to conflict-of-law rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any claim that is not subject to arbitration must be brought only in the state or federal courts located in the State of New York, in the county where A10 has its principal place of business, and everyone agrees to the personal jurisdiction of, and venue in, those courts and gives up any objection that they are inconvenient.
24. Changes to these terms
We may update these Terms from time to time. The current version is always on this page, with the date it took effect at the top. Continuing to use the Service after a new version takes effect means you accept it. If a School does not accept a change, it may stop using the Service and cancel its plan. Changes to section 22 do not apply to a dispute that one side had already told the other about.
25. General
- Whole agreement. These Terms, the Privacy Policy and any Order are the entire agreement about the Service and replace any earlier discussions, proposals or statements.
- Severability. If any part of these Terms cannot be enforced, it will be enforced to the greatest extent the law allows, and the rest stays in effect.
- No waiver. Not enforcing a term, or a delay in doing so, is not a waiver of it.
- Assignment. The School and Users may not transfer these Terms without A10's written consent. A10 may transfer them, with all rights and duties under them, without consent, including to a company that controls, is controlled by or is under common control with A10, or to a successor in a merger, sale or reorganization; the new party takes A10's place, and the Privacy Policy's protections continue.
- Force majeure. A10 is not responsible for any delay or failure caused by events beyond its reasonable control, including outages of providers or the internet, attacks, natural disasters, epidemics, war, strikes, government action or changes in law.
- No third-party beneficiaries. These Terms are for the benefit of A10, the School and Users only, and give no rights to anyone else (including students and parents), except that the A10 Parties may enforce sections 20 to 22.
- Relationship. A10 and the School are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship.
- Electronic notices. You agree to receive notices, agreements and records electronically. A10 may give notice by email to the address on the account or in the Service; notices to A10 must be sent to admin@a10.education. Electronic acceptance has the same effect as a signature.
- Export and sanctions. You may not use the Service in breach of U.S. export or sanctions laws, or from a country or by a person those laws restrict.
- Interpretation. Headings are for convenience only. These Terms will not be read against either side because it wrote them. If they are translated, the English version controls.
26. Contact
Questions about these Terms, and any notice under them: admin@a10.education