Quatrain Analytics LLC

Terms of Use Policy

Effective Date: December 1st, 2024

Welcome to Quatrain Analytics, LLC (“Company”, “we,” “our,” or “us”). This Agreement explains our obligations as a service provider and your obligations as a User of “iSwiit.com”, “iSwiit”, or “our Services”. By accessing or using our website and services (“Services”), you (“User”, “Campus” or “District”) agree to comply with and be bound by the following Terms of Use. Please read this agreement carefully before using our Services, Website and its subdomains (collectively, “Website”) which is operated by and on behalf of Quatrain Analytics, LLC (“Company”, “iSwiit”, “We”, “Our”, “Us”). Please read these Terms carefully prior to using the Website as well as all other policies or notices that are published on the Website. If you do not agree with these terms, you must immediately discontinue your use and access of the Website.

1. Scope of Services

Purpose: We provide modules and tools to assist school districts in improving reporting, student information tracking, and related administrative processes.
Access: Each campus will receive three (3) usernames, and the district will be assigned one or two executive admin accounts for oversight. The District is responsible for managing access and maintaining account security.
Data Handling: Our company retrieves and processes data submitted by the District to the Texas Education Agency (TEA). By using our Services, you grant us permission to access, process, and analyze this data as necessary to fulfill our obligations.

2. User Accounts and Responsibilities

Account Security: The District and its staff are responsible for maintaining the confidentiality of their usernames and passwords. Sharing account credentials is strictly prohibited.
Authorized Use: Users must only access the Services for legitimate purposes related to school district operations. Unauthorized use, including but not limited to unauthorized data access, misuse, or tampering with the Services, is prohibited.

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). Please note that we only collect personally identifiable information about children who are under the age of thirteen (13) from authorized persons of schools or school districts who are directly responsible for obtaining verifiable consent from that child's parent or guardian ("Parental Consent").

User Conduct: Users agree not to, and you must not, use the Services:

Violate any applicable local, state, federal or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, threatening, harassing or defaming any person, or attempting to do any of the foregoing
Attempt to breach or compromise the security of the Services.
In any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Website;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
“Frame,” “mirror” or otherwise incorporate any part of this Website into any other Website;
You may not use any meta tags or any other “hidden text” utilizing “iSwiit” ‘s name or trademarks without the express written consent of the Company; or
Otherwise attempt to interfere with the proper working of the Website.
Misuse the Services for any purpose other than their intended use.
In addition to any rights we may have or remedies we may pursue, we may deny your access to and use of the Website for any or no reason, including but not limited to if we believe you have engaged in any activity prohibited under this Section.

3. Data Privacy and Security

Compliance:< We comply with applicable data protection laws, including FERPA (Family Educational Rights and Privacy Act), to safeguard student and district data.
District Responsibilities: The District must ensure that all data provided to us is accurate and that appropriate consents have been obtained for its use.
Security Measures: We implement industry-standard measures to protect user data from unauthorized access or breaches. However, we are not liable for breaches resulting from user negligence or failure to follow security protocols.

4. Intellectual Property

Ownership:

Restrictions: Users may not reproduce, modify, copy, distribute, transmit, display, perform, reproduce, publish, licence or create derivative works from, transfer, transmit, store, download, sell, or re-sell any information, software, products, materials, or services obtained from any part of our Services without prior written consent from Quatrain Analytics, LLC.

Any unauthorized use terminates the permission or license granted by Quatrain Analytics, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website, so long as the link does not portray Quatrain Analytics or iSwiit, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Quatrain Analytics trademark, service mark, or other logo as part of the link without express written permission in each instance.

5. Limitation of Liability

No Guarantees: While we strive to ensure accuracy and reliability, we do not guarantee that the Services will be error-free, uninterrupted, or meet all user expectations.

The website and all information, content, materials, products (including any software) and services included on or otherwise made available to you through this website are provided by the Company on an “As Is” and “As Available” basis. The content may not be accurate, up-to-date, complete, or uncorrupted. Company assumes no obligation to update the content on this website. The content on this website may be changed without notice to you. Company is not responsible for any content or information that you may find undesirable or objectionable and disclaims any liability for unauthorized use or reproduction of any portion of the website. Accessing the content from territories where it may be illegal is prohibited.
Company makes no representations or warranties of any kind, express or implied, regarding the operation of this website or the information, content, materials, products (including any software) or services included on or otherwise made available to you through the website, unless otherwise specified in writing. To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose.

Indirect Damages: To the fullest extent permitted by law, Company shall not be liable for indirect, incidental, or consequential damages arising from the use of our Services.

Company does not warrant that our services; website, information, content, materials, products (including any software) or services included on or otherwise made available to you through the website, its servers, or email sent from Company are free of viruses or other harmful components.
When using our Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of the Website and its suppliers. Accordingly, Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.

Maximum Liability: Our total maximum liability on the part of the Quatrain Analytics for any claims relating to the Services, in the aggregate, shall not exceed one (1) hundred US dollars. Quatrain Analytics parties shall not be liable for any personal injury, including death, caused by use or misuse of the website, content or services.

To the maximum extent permitted by applicable law, in no event shall Quatrain Analytics, its suppliers, vendors, or their respective employees, officers, directors, agents, affiliates, licensors, or partners (collectively, “Quatrain Analytics parties”) be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any other damages whatsoever. This includes, but is not limited to, damages resulting from loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or any other legal theory. Such limitation applies to claims arising out of or in any way connected with the use, operation, or performance of the website; delays or inability to use the website; any defects in the content; or the provision of, or failure to make available, any information, content, products, services, or other resources accessible through the website, even if Quatrain Analytics has been advised of the possibility of such damages.

International Use: Company makes no claim that the Website is appropriate or lawful for use or access outside the United States. You are solely responsible for complying with all local laws, rules, and regulations regarding online conduct and Website access, regardless of whether you access the Website from inside or outside the United States, and in each case you do so at your own risk. By sending us your data, you consent to its transfer to and storage within the United States as well as any other uses outlines in our Privacy Policy.
Limitation on Claims and Remedies: Any and all claims arising in connection with or related to your use of the Website, any Content, or services must be brought within six (6) months of the date of the event giving rise to such action. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms, and the Website would not be provided to you absent such limitations.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the disclaimers, exclusions, or limitations in these terms may not apply to you, and you might have additional rights.

6. Termination

By the District: The District may terminate its use of the Services by providing written notice.
By Company: We reserve the right to suspend or terminate access to the Services for violations of these Terms or other misuse.

7. Indemnification

The District agrees to indemnify and hold Company, its affiliates, and employees harmless from any claims, damages, or liabilities arising out of:

Misuse of the Services.
Breach of these Terms.
Violations of applicable laws or regulations.

8. Modifications to Terms

We reserve the right to update or modify these Terms of Use at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter, and continued use of the Services constitutes acceptance of the revised Terms.

9. Governing Law

These Terms of Use are governed by the laws of the State of Texas, without regard to its conflict of laws principles.
These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms by its express terms. The invalidity or unenforceability of any provision of these Terms shall not affect the validity of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law.
The failure by either party to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
The section headings used herein are for convenience only and shall not be given any legal import.

10. Arbitration Agreement

Arbitration Rules: Disputes will be settled by binding arbitration in Houston, Texas, following JAMS Streamlined Arbitration Rules. The arbitrator will be chosen from JAMS's list of commercial arbitrators. The decision can be enforced in any competent court.
Costs: Quatrain Analytics will cover arbitration fees for claims under $50,000. We will not seek attorneys' fees unless the arbitrator finds the claim frivolous.
Small Claims: Claims qualifying for small claims court may be brought in Harris County or the county where you live or work.
Waiver of Jury Trial: Both parties waive the right to a jury trial. Disputes will be resolved by arbitration.
Waiver of Class Actions: Claims must be arbitrated individually. Class or consolidated actions are not permitted. If this waiver is invalid, disputes will be resolved in court.
Opt-out: You may opt out of arbitration by sending written notice to 20333 State Highway 249 STE 200, Houston TX 77070 within 30 days of accepting these Terms. Include your name, address, email/phone number, and a clear statement opting out of arbitration.
Exclusive Venue: If you opt out of arbitration or if arbitration is not applicable, disputes will be resolved in state or federal courts in Harris County, Texas.
Severability: If any part of this arbitration agreement is unenforceable, the rest remains effective.

11. Contact Information

For questions or concerns about these Terms of Use, please contact us at:

Quatrain Analytics, LLC
20333 State Highway 249 STE 200, Houston TX 77070
info@quatrainalaytics.com
346-543-7044