Terms of Service

1. Acceptance of Terms

Welcome to DigiAttend. By accessing or using our attendance management platform and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and DigiAttend regarding your access to and use of our Services. Please read these Terms carefully before using our platform. By creating an account or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Services

DigiAttend provides a digital attendance management platform designed for educational institutions, tutoring centers, and individual educators. Available features depend on your plan and any enabled add-ons. Our Services may include:

• Digital attendance tracking and recording for students and classes
• Automated attendance reports and analytics
• Parent portal access for viewing student attendance records
• Administrative tools for managing teachers, classes, and students
• Notification and alert systems for attendance-related events
• Data export and reporting capabilities
• Multi-user access with role-based permissions
• Class schedules, timetables, activities, and period assignments
• Smart Insights that summarize attendance trends and highlight potential concerns

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of our Services without liability.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

3.2 Account Types

DigiAttend supports account roles including account owners, administrators, managers, teachers, users, and parents or guardians. Each role has specific permissions, and available seats and features depend on the applicable plan. Organization administrators and managers are responsible for assigning appropriate access, removing access when no longer needed, and supervising the activities of users they invite or manage.

3.3 Account Security

You must notify us immediately of any unauthorized access to or use of your account. We are not responsible for any loss or damage arising from your failure to protect your account credentials. You agree not to share your login credentials with others or allow unauthorized access to your account.

4. Subscription Plans and Payment

4.1 Subscription Plans

DigiAttend offers various subscription plans including Free, Teacher, Tutor+, and School plans. Each plan includes different features, account seats, and usage limits. Current details are available on our pricing page. We may modify plans, limits, add-ons, or pricing prospectively. Any price change affecting an existing recurring subscription will be communicated as required by applicable law.

4.2 Payment Terms

Paid subscriptions require valid payment information and are processed by Stripe. By subscribing to a paid plan, you authorize recurring charges for the selected billing period until cancellation. Taxes may apply. Payments and renewal charges are non-refundable, and we do not provide credits for partially used billing periods, except where required by applicable law.

4.3 Subscription Changes and Cancellation

You may request or make eligible plan changes through your billing settings. Upgrades may take effect immediately and may include a prorated charge or credit calculated by Stripe. Downgrades may take effect immediately and can remove features, seats, and plan-only data; you are responsible for exporting needed data and reducing usage before downgrading. Cancellation stops future renewals, and access ordinarily continues through the paid billing period unless the account is suspended, terminated, or deleted. No refund or credit is provided for unused time except where required by law.

5. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our Services in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to our systems or other users' accounts
• Transmit any malware, viruses, or other harmful code
• Interfere with or disrupt the integrity or performance of our Services
• Use our Services to collect or store personal data without proper authorization
• Impersonate any person or entity or misrepresent your affiliation
• Use automated means to access our Services without our permission
• Share, sell, or transfer your account to another party without our consent
• Use our Services for any fraudulent, deceptive, or illegal purpose
• Upload or process student or parent data without the authority, notice, or consent required by law
• Use Smart Insights as the sole basis for disciplinary, academic, safety, or other high-impact decisions

6. Intellectual Property Rights

6.1 Our Intellectual Property

The DigiAttend platform, including all content, features, functionality, software, text, graphics, logos, and trademarks, is owned by DigiAttend and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.

6.2 User Content

You retain ownership of any data, content, or information you submit to our Services ("User Content"). By submitting User Content, you grant us a limited license to host, use, reproduce, transmit, and process it as necessary to operate, secure, support, and improve the Services. You represent that you have the necessary rights and authority to submit the content and that it does not infringe third-party rights.

Authorized users can export certain reports and records. Once an export is downloaded, the downloading user and their organization are responsible for securing it, limiting access, and disposing of it appropriately. Export any information you need before an account downgrade, cancellation, or deletion removes access to it.

7. Data Protection and Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

For organization-controlled student records, the subscribing educator or institution determines why and how the records are used, and DigiAttend processes them to provide the Services. Institutions are responsible for providing required notices, obtaining required consent or other lawful authority, responding to student and parent rights, and complying with laws such as FERPA where applicable.

8. Smart Insights and Automated Outputs

Smart Insights uses automated services provided by third parties to summarize attendance trends and suggest possible follow-up actions. Outputs may be incomplete, inaccurate, or unsuitable for a particular situation. They are informational only and do not replace professional judgment. You must review the underlying attendance records and use qualified human judgment before making academic, disciplinary, safety, employment, or other consequential decisions.

9. Disclaimers and Limitations of Liability

8.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGIATTEND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10. Indemnification

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

11. Suspension, Termination, and Deletion

We may warn, suspend, restrict, or terminate an account for reasons including non-payment, inactivity, a security concern, misuse of data, violation of these Terms, unlawful activity, or a request from the account owner. When practical and legally permitted, we may provide notice and an opportunity to address the issue. A suspension blocks access while account data may remain stored.

Account deletion is permanent. When a deletion is processed, active account data, including classes, students, attendance, schedules, and related records, is deleted and cannot be restored or exported afterward. You are responsible for exporting required records before deletion. We may retain limited transaction, security, or legal records where required by law or reasonably necessary to establish or defend legal claims.

Provisions that by their nature should survive will remain in effect, including payment obligations, intellectual property provisions, disclaimers, limitations of liability, and indemnification.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Louisiana, United States, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in Baton Rouge, Louisiana, in accordance with the rules of the American Arbitration Association.

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against DigiAttend. This arbitration agreement shall not preclude either party from seeking injunctive relief in a court of competent jurisdiction.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after such changes constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

14. General Provisions

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DigiAttend regarding your use of our Services. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction. These Terms do not create any third-party beneficiary rights.

15. Contact Information

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