Terms of Service for Test Tracker
1. Introduction
These Terms of Service ("ToS") govern your access to and use of Test Tracker (the "Service"), a Google Workspace Calendar add-on developed by Will Wilmot (the "Developer") that provides a means for faculty in schools to schedule and track students' assessments. By installing, accessing, or using the Service, you ("Customer" or "you") agree to be bound by these ToS. If you are using the Service on behalf of a school or other entity, you represent and warrant that you have the authority to bind that entity to these ToS.
2. Definitions
Customer: The school or educational institution that purchases a license to use the Service.
End User: Any individual authorized by the Customer to use the Service, including administrators, teachers, and staff.
Service: The Test Tracker Google Workspace Calendar add-on.
School Schedule: The schedule information inputted by the Customer, including start and end dates of the school year, school days, holidays, and any rotating or divisional schedules.
3. Service Description
Test Tracker integrates with a school owned Google Sheet that contains teachers' course and roster information to provide a means to schedule assessments on any number of Google Calendars, taking into consideration individual students' assessment loads.
4. Access and Use
4.1. License
Upon purchase, Customer is granted a non-exclusive, non-transferable license to use the Service for the specified term. The Service is licensed per domain and allows access to all End Users within that domain.
4.2. Access
Access to the Service is granted through the Customer's Google Workspace account. Customer is responsible for managing access and permissions for its End Users.
4.3. Google Workspace
The Service is a Google Workspace add-on and relies on Google's infrastructure and services. Customer's use of the Service is also subject to Google's terms and conditions.
4.4. Scopes
Test Tracker requires the following Google Workspace scopes to function:
4.5 Acceptable Use
Customer agrees to use the Service only for lawful purposes and in compliance with these ToS. Prohibited activities include, but are not limited to:
Using the Service to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content.
Violating any applicable local, state, national, or international laws or regulations.
Attempting to gain unauthorized access to the Service, other customers’ or users’ data, or any other computer systems or networks connected to the Service.
Interfering with or disrupting the Service or servers or networks connected to the Service.
Using the Service to send unsolicited communications or spam.
5. Data and Privacy
5.1. Data Collection
Test Tracker accesses the following data from Customer's Google Workspace:
Calendar event details: This includes event titles, descriptions, dates, times, locations, and attendee information, solely for the purpose of tracking and scheduling assessments on Customer created and designated Calendars.
User information: Test Tracker accesses End User email addresses to allow selection of their individual courses.
Sheet with Roster Data: Test Tracker accesses a Customer created and designated Google Sheet to update End Users' rosters on a daily basis via a trigger installed on first use of the Service.
5.2. Data Collection, Storage, and Processing
All data accessed by Test Tracker is stored and processed within the Google Workspace environment.
Test Tracker is designed to access and update information automatically to provide a seamless service. To enable this, upon the first use of the Service, a time-driven trigger is installed in your Google Workspace account. This trigger is a background script that will, on a daily basis, read from a Google Sheet designated by the Customer. This automated process is solely for the purpose of updating course and roster information. By using the Service, you consent to the creation and operation of this trigger on your behalf.
5.3. Data Privacy
The Service operates as a 'school official' under the Family Educational Rights and Privacy Act (FERPA). By using the Service, the Customer (the school or educational institution) represents and warrants that it has the authority to provide the Developer with access to student data as necessary for the Service's function.
The Developer agrees to use any student data accessed or collected exclusively for the purpose of providing the Service and for no other commercial purpose. The Developer will not sell, rent, or trade student data, nor will it disclose any student data to third parties, except as required by law or as expressly authorized by the Customer.
5.4. COPPA Compliance
If Customer allows End Users under the age of 13 to use the Service, Customer consents as required under COPPA to the collection and use of personal information in the Service from such End Users (to the extent COPPA is applicable in Customer's jurisdiction).
6. Fees, Payment, and Trial Period
6.1. Free Trial Period
The Service may be offered with a free trial period of up to fourteen (14) days. During the free trial, the Customer may use the Service without charge. To continue using the Service after the trial period, the Customer must purchase a license as described below. All other provisions of these ToS, including those related to data privacy and acceptable use, apply during the free trial.
6.2. Subscription Fees
The annual subscription fee for the Service is one thousand dollars ($1,000) per Google Workspace domain. This fee provides access to the Service for all End Users within that domain for a one-year term. All fees are in United States Dollars and are exclusive of any applicable taxes, which may be added to your invoice.
6.3. Payment and Billing
Upon expiration of the free trial or upon initial purchase, the Customer will be invoiced for the annual subscription fee. Payment is due within thirty (30) days of the invoice date. All payments are non-refundable. The Service will be activated upon receipt of payment and will remain active for the full one-year term.
6.4. Proration
The Customer will provide the Service with its academic year dates. If the Service (including the free trial) begins after the start of the academic year, the initial annual subscription fee will be prorated on a quarterly basis. The prorated fee will be based on the number of quarters remaining in that academic year, including the quarter in which the Service begins. For example, if a subscription begins in the second quarter, the fee for the remainder of that year would be prorated for three quarters. The annual subscription will renew for a full one-year term on the anniversary of the academic year's start date, unless otherwise agreed upon in writing.
6.5. No Refunds
All fees are non-refundable, and there are no refunds or credits for partially used periods. Following any termination or cancellation of the Service, the Customer will not receive a refund for any payments already made. The Service will remain available to the Customer until the end of the paid-for subscription period, unless terminated for a breach of these ToS.
6.6. Changes to Fees
The Developer reserves the right to change the subscription fees for the Service at any time. Any changes to fees will not apply to an existing subscription until the next renewal term. The Developer will provide at least thirty (30) days' written notice of any fee changes before they take effect.
7. Intellectual Property Rights
All intellectual property rights in and to the Service, including its code, design, and branding, are owned by the Developer. Customer is granted no ownership rights to the Service.
Subject to your compliance with these Terms, the Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes.
You agree not to, and you will not permit others to, copy, modify, create derivative works of, decompile, disassemble, reverse engineer, or attempt to discover the source code of the Service or any of its components. You also agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service for any purpose other than as expressly authorized in these Terms. You also agree not to circumvent or disable any technological measure implemented to protect the Service.
8. Disclaimer of Warranties
The Service is provided "as is" without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Developer does not warrant that the Service will be uninterrupted or error-free, or that defects will be corrected.
9. Limitation of Liability
To the maximum extent permitted by applicable law, the Developer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; or (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not the Developer has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event shall the Developer's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months immediately preceding the date of the claim.
10. Indemnification
The Customer agrees to indemnify, defend, and hold harmless the Developer, its employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or in any way connected with: (a) The Customer's or any End User's access to or use of the Service; (b) A breach by the Customer or any End User of these ToS or any other applicable policies; (c) The Customer's failure to comply with any applicable laws, rules, or regulations, including, without limitation, FERPA and COPPA; (d) Any content, data, or information provided by the Customer or its End Users to the Service, including, without limitation, the roster data in the Customer's designated Google Sheet; or (e) Any dispute or claim between the Customer and any third party (including, without limitation, students, parents, or guardians) related to the Service.
11. Service Disruptions
The Developer will use commercially reasonable efforts to minimize service disruptions and outages. However, due to the Service's reliance on Google's infrastructure, the Developer cannot guarantee continuous availability. The Developer will provide customer support to troubleshoot issues and will make reasonable efforts to restore service in a timely manner.
12. Termination
12.1. Termination by Customer
Customer may terminate this agreement at any time by providing written notice to the Developer.
12.2. Termination by Developer
The Developer may terminate this agreement for any reason by providing written notice to Customer. The Developer may also terminate this agreement immediately upon written notice to Customer if Customer breaches any provision of these ToS.
12.3. Effect of Termination
Upon termination, Customer's access to the Service will be revoked. The Developer will disable the Service's connection, causing any triggers installed by the Service to fail. The customer is responsible for manually removing any inactive triggers from their Google Workspace account. The Developer will provide instructions on how to do so upon request.
13. Dispute Resolution
Any dispute arising out of or relating to these ToS or the Service shall be settled by informal negotiation. If the dispute cannot be resolved through informal negotiation after a period of no less than 30 days, it shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, and the arbitrator's decision shall be final and binding.
14. Entire Agreement
These ToS constitute the entire agreement between you and the Developer relating to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.
15. Changes to ToS
The Developer reserves the right to modify these ToS at any time. Any changes will be effective upon posting the revised ToS. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised ToS.
16. Contact
If you have any questions about these ToS, please contact the Developer at testtrackeraddon@gmail.com.