Terms of Service

Effective Date: February 4, 2026

1. Acceptance of Terms

Welcome to AtomicSchools. These Terms of Service ("Terms") constitute a legally binding agreement between you and AtomicSchools, Inc. ("AtomicSchools," "we," "us," or "our") governing your access to and use of our educational technology services, including the AtomicSchools platform, PassJack digital hall passes, ClassMessage secure messaging, and all related services, applications, and websites (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of a school, school district, or other educational institution ("Institution"), you represent and warrant that you have the authority to bind that Institution to these Terms, and "you" refers to both you individually and the Institution.

If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

AtomicSchools provides a comprehensive educational technology platform designed for K-12 schools, including:

  • Student Information System (SIS): Student enrollment, demographics, scheduling, and academic records management
  • Gradebook: Assignment tracking, grade recording, and academic progress monitoring
  • PassJack: Digital hall pass system for tracking student movement within school buildings
  • ClassMessage: Secure messaging platform for communication between educators, students, and parents
  • Learning Games & Challenges: Educational games, quizzes, and interactive learning activities
  • Attendance: Daily attendance tracking and reporting
  • Behavior Management: Positive behavior tracking and incident documentation
  • Scheduling: Class schedules, bell schedules, and calendar management

3. User Accounts and Registration

3.1 Account Types

Our Services support multiple user types:

  • Institutional Administrators: School and district personnel who manage the platform
  • Teachers and Staff: Educators and support personnel using the platform
  • Students: K-12 students accessing educational features
  • Parents/Guardians: Adults accessing information about their children

3.2 Account Creation

Accounts are typically created by school administrators or through school-authorized processes. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.3 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized use of your account
  • Ensuring you log out from your account at the end of each session

We reserve the right to disable any account if we reasonably believe you have violated these Terms.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Services only for lawful, educational purposes in accordance with these Terms. You agree to use the Services:

  • In compliance with all applicable federal, state, and local laws and regulations
  • In accordance with your Institution's acceptable use policies
  • For legitimate educational and administrative purposes
  • In a manner that respects the rights and dignity of all users

4.2 Prohibited Conduct

You agree NOT to:

  • Share your login credentials with any other person
  • Access another user's account without authorization
  • Use the Services to harass, bully, threaten, or intimidate others
  • Post or transmit content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
  • Attempt to gain unauthorized access to any portion of the Services or any systems or networks connected to the Services
  • Use the Services to distribute malware, viruses, or other harmful code
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Use automated means (bots, scrapers, etc.) to access the Services without our express permission
  • Reverse engineer, decompile, or disassemble any aspect of the Services
  • Use the Services for any commercial purpose not authorized by us
  • Circumvent, disable, or otherwise interfere with security features of the Services

5. Content and Data

5.1 Institution Data

"Institution Data" means all data, including student education records, that is provided to us by or on behalf of an Institution or its users in connection with the Services. The Institution retains all rights, title, and interest in Institution Data. We claim no ownership over Institution Data.

5.2 Data Processing

We process Institution Data solely to provide the Services and as otherwise instructed by the Institution. Our data practices are governed by our Privacy Policy and any Data Processing Agreement we have entered into with the Institution.

5.3 User-Generated Content

Users may submit content through the Services, including messages, assignments, and other materials ("User Content"). You represent and warrant that you own or have the necessary rights to submit User Content and that your User Content does not violate any third party's rights.

5.4 Content Monitoring

Schools maintain the right to monitor, review, and access all content transmitted through the Services, including messages sent via ClassMessage, for student safety and policy compliance purposes.

6. Student Data and FERPA Compliance

6.1 FERPA Compliance

We acknowledge that student education records are protected by the Family Educational Rights and Privacy Act ("FERPA") and applicable state laws. We agree to act as a "school official" with a "legitimate educational interest" under FERPA and to comply with FERPA requirements.

6.2 Student Data Protections

We commit to:

  • Using student data only for authorized educational purposes
  • Not disclosing student data to third parties except as permitted by FERPA or directed by the Institution
  • Not using student data for advertising or marketing purposes
  • Not selling student data
  • Maintaining appropriate security measures to protect student data
  • Returning or deleting student data upon termination of services as directed by the Institution

6.3 COPPA Compliance

For students under 13, we rely on schools to obtain any necessary parental consent for the collection of personal information as permitted under the Children's Online Privacy Protection Act ("COPPA"). Schools represent that they have obtained all necessary consents.

7. Intellectual Property

7.1 Our Intellectual Property

The Services and all content, features, and functionality thereof (including but not limited to all information, software, text, displays, images, graphics, video, audio, and the design, selection, and arrangement thereof) are owned by AtomicSchools, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal educational purposes during the term of your subscription or account.

7.3 Restrictions

You may not:

  • Copy, modify, or distribute the Services or any content from the Services
  • Use the AtomicSchools name, logo, or trademarks without our prior written consent
  • Remove any copyright, trademark, or other proprietary notices from the Services
  • Create derivative works based on the Services

8. Third-Party Services and Links

The Services may contain links to third-party websites or services that are not owned or controlled by AtomicSchools. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that AtomicSchools shall not be responsible or liable for any damage or loss caused by your use of any such third-party websites or services.

9. Service Availability and Support

9.1 Availability

We strive to provide reliable access to the Services but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue the Services or any part thereof at any time, with or without notice. We will use reasonable efforts to provide advance notice of scheduled maintenance.

9.2 Support

Technical support is available to authorized administrators during normal business hours. Support contact information is provided within the Services and to Institution administrators.

10. Fees and Payment

Access to the Services is provided pursuant to a subscription agreement between AtomicSchools and the Institution. Individual users (teachers, students, parents) do not pay fees directly to AtomicSchools. Institutional subscription terms, including fees and payment terms, are set forth in a separate agreement with the Institution.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services or the servers that make the Services available are free of viruses or other harmful components.

We do not warrant or make any representations regarding the accuracy, reliability, or completeness of any content available through the Services. Any reliance you place on such information is strictly at your own risk.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATOMICSCHOOLS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOUR INSTITUTION TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

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

13. Indemnification

You agree to indemnify, defend, and hold harmless AtomicSchools and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your User Content; or (d) your violation of any rights of any third party.

14. Term and Termination

14.1 Term

These Terms remain in effect while you use the Services. Individual user accounts may be terminated by your Institution at any time. Institutional access is governed by the subscription agreement with the Institution.

14.2 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

14.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify Institutions by email or by posting a notice on our website at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

16.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration or in the state or federal courts located in Delaware, and you consent to the personal jurisdiction and venue of such courts.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable subscription agreement, constitute the entire agreement between you and AtomicSchools regarding the Services.

17.2 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

17.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.5 Notices

We may provide notices to you via email, posting on the Services, or other reasonable means. You may contact us as provided below.

18. Contact Information

If you have any questions about these Terms of Service, please contact us:

AtomicSchools, Inc.
Legal Department
Email: legal@atomicschools.com
Website: www.atomicschools.com