Terms of Service
Last updated: November 4, 2024
ClassTrack — Master Terms of Service (TOS)
ClassTrack is a service of Teaching Tomorrow, a division of ZeroPoint Holdings LLC.
IMPORTANT NOTICE: These Terms are for ZeroPoint Holdings LLC dba Teaching Tomorrow, operating the ClassTrack platform. This document is a legal template — not legal advice. Customize with counsel before publishing. By clicking "I Agree," users accept these Terms and confirm they are authorized to bind their educational institution.
Revised November 4, 2024 to reflect corporate restructuring under ZeroPoint Holdings LLC dba Teaching Tomorrow.
Effective Date: November 4, 2024 Entity: ZeroPoint Holdings LLC dba Teaching Tomorrow, a Missouri limited liability company ("ClassTrack," "we," "us," or "our") Contact: legal@teaching-tomorrow.com Principal Address: 2135 E. Independence St. #1160, Springfield, MO 65804, USA Registered Agent: 117 S Lexington St., Ste 100, Harrisonville, MO 64701-2444, USA
1. Acceptance; Agency & Authority
1.1 Clickwrap Acceptance. By clicking "I Agree," creating an account, or using the Service, you agree to these Terms. If you are an educator, assistant, or staff member, you (a) accept these Terms in your individual capacity, and (b) represent and warrant that you are authorized to bind your School or Institution to this Agreement, and do so by accepting.
1.2 DPA Incorporated by Reference. Upon acceptance of these Terms, the School simultaneously accepts the Data Processing Addendum (DPA) available at /legal/dpa (or attached) and appoints ClassTrack as a Processor/Service Provider of Student Data. The accepting individual confirms authority to bind the School to the DPA.
1.3 No Direct Student Accounts. ClassTrack is for Schools and their staff only. No student or minor accounts are permitted.
2. Definitions
- "Agreement" — these Terms, the Privacy Policy, the DPA, and any Order Forms.
- "Service" — the ClassTrack web app, APIs, and related support services.
- "School" / "Customer" — the educational institution that creates an account.
- "Student Data" — information about students processed via the Service (including sensitive categories such as allergies or accommodations, if provided).
- "Controller" / "Processor" — as defined in GDPR/UK GDPR.
- Under FERPA, the School designates ClassTrack as a school official with a legitimate educational interest.
3. Accounts and Responsibilities
3.1 Authorized Users. Only School employees or authorized contractors may hold accounts. Credentials must be kept secure. You are responsible for activity under your accounts except where caused by ClassTrack's security breach.
3.2 Lawful Basis & Consents. The School is solely responsible for ensuring that all Student Data entered into ClassTrack has an appropriate legal basis under applicable laws (FERPA, COPPA, GDPR/UK GDPR, CPRA, etc.) and for obtaining all necessary notices or parental consents. ClassTrack has no duty to verify that such notices or consents were obtained.
3.3 Data Minimization. Users must only enter information reasonably necessary for educational purposes and should avoid unstructured sensitive data (e.g., medical diagnoses) unless fields are explicitly provided.
4. Permitted Use and Restrictions
4.1 Educational Purpose Only. The Service must be used only for legitimate educational interests such as attendance tracking, class management, or related administrative purposes.
4.2 Prohibited Uses. Users may not:
- Process or upload unlawful or unrelated content.
- Use Student Data for advertising or profiling unrelated to the Service.
- Reverse engineer or scrape the Service.
- Circumvent or disrupt security.
- Process Protected Health Information (PHI) under HIPAA unless a BAA is separately executed.
5. Roles, Ownership, and License
5.1 Ownership. The School owns all Student Data. ClassTrack does not sell or share Student Data for cross-context behavioral advertising.
5.2 Processor Role. ClassTrack acts solely as Processor/Service Provider and processes Student Data only in accordance with the School's documented instructions.
5.3 License. The School grants ClassTrack a non-exclusive, worldwide license to process Student Data solely for the purposes of providing and improving the Service. De-identified data may be used for analytics provided it cannot reasonably re-identify a student or School.
6. Subprocessors
As of the Effective Date, ClassTrack uses the following subprocessors:
- Supabase — database hosting and authentication.
- Microsoft Outlook / Microsoft 365 — email delivery and notifications.
The current list is maintained at /legal/subprocessors. ClassTrack will notify the School of material changes and allow objections; if unresolved, the School may terminate the affected Service without penalty. ClassTrack remains liable for its subprocessors.
7. Security and Incidents
7.1 Security Program. ClassTrack maintains an industry-standard security program including encryption, access controls, logging, and regular security reviews. See Annex A (in the DPA) for details.
7.2 Breach Notification. ClassTrack will notify the School without undue delay, and no later than 48 hours after confirming a breach affecting Student Data, providing all available details and mitigation steps.
8. Availability and Support
- Uptime Target: 99.9% monthly uptime, excluding planned maintenance and force majeure.
- Support: Email/ticket support during U.S. Central Time business hours.
- Changes: Non-material improvements may occur without notice. Material changes include advance notice and migration guidance.
9. Fees, Payment, Refunds, and Cancellations
9.1 Fees. Fees are defined in the Order Form or pricing page. All amounts are exclusive of taxes; Schools are responsible for all applicable taxes except those based on ClassTrack's income.
9.2 Payment. Payment is processed via Stripe. By subscribing, you authorize ClassTrack to charge your payment method for all applicable fees. Subscriptions renew automatically unless cancelled.
9.3 Refunds. We stand behind the quality of ClassTrack. Because our Service is immediately accessible upon payment, refunds are rare and granted only in specific circumstances.
ClassTrack subscriptions and purchases are non-transferable and billed in advance. Because access to the Service and digital materials is granted immediately upon payment, all sales are considered final.
However, we understand that mistakes happen. Refunds may be granted only at our sole discretion in the following limited situations:
- Duplicate charge — If you were billed twice for the same period or plan.
- Technical failure — If you were unable to access the Service due to an error on our systems (not user device or network issues) and support cannot resolve it within 3 business days.
- Unauthorized charge — If your account was compromised and a charge occurred without your consent.
To request a refund under these circumstances, contact support@teaching-tomorrow.com within 7 calendar days of the charge.
Refunds, if approved, are issued to the original payment method only. Processing time may vary by bank or payment provider.
We do not offer refunds for:
- Change of mind or unused time on active subscriptions
- Feature expectations or requests not currently available
- Lifetime access purchases once access is provisioned
Chargebacks filed outside these terms may be contested with supporting access and usage records.
9.4 Cancellation. You may cancel your subscription at any time through the Stripe Customer Portal or by contacting support. Cancellations take effect at the end of the current billing cycle — no further charges will be made after cancellation.
9.5 Consumer Rights. Nothing in this policy limits your rights under applicable law.
10. Confidentiality
Each party must protect the other's Confidential Information with reasonable care. Student Data is deemed Confidential Information.
11. Warranties and Disclaimers
11.1 Authority. The accepting individual represents they have authority to bind the School and that the School has obtained all required parental or legal consents for data entered into the Service.
11.2 Service Warranty. The Service will materially conform to its documentation. ClassTrack's sole obligation for any non-conformity is to use commercially reasonable efforts to repair or replace the non-conforming service. No refunds will be provided.
11.3 Disclaimer. Except as expressly stated, the Service is provided "AS IS" and "AS AVAILABLE." ClassTrack disclaims all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.
12. Indemnification
12.1 By ClassTrack
ClassTrack will defend and indemnify the School from third-party IP infringement claims related to the Service, subject to exclusions for modifications not made by ClassTrack or misuse contrary to documentation.
12.2 By School
The School shall indemnify and hold harmless ClassTrack, its affiliates, and personnel from any claim, fine, or investigation arising from:
- Failure to provide required notices or consents.
- Unlawful processing or data entry.
- Breach of these Terms or applicable law.
- Regulatory actions related to Student Data.
This includes reasonable attorneys' fees and costs.
13. Limitation of Liability
To the maximum extent permitted by law:
- Neither party is liable for indirect, incidental, special, consequential, or punitive damages.
- Aggregate liability under this Agreement is capped at the greater of fees paid in the prior 12 months or USD $100,000.
- This cap does not apply to willful misconduct, gross negligence, or indemnity for IP infringement.
14. Termination and Data Deletion
- Either party may terminate for uncured material breach after 30 days' notice.
- Upon termination, ClassTrack will provide a Student Data export for 60 days, then delete or de-identify the data except where retention is required by law.
15. Law Enforcement Requests
ClassTrack will not disclose Student Data to authorities without valid legal process and will notify the School before disclosure, unless prohibited by law.
16. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Missouri, excluding conflict rules. Disputes will be resolved by binding arbitration in Springfield, Missouri, under AAA/JAMS rules. Proceedings are individual only — class actions are waived.
17. Export and Sanctions
You agree not to use or export the Service in violation of U.S. export laws or sanctions.
18. Updates and Precedence
ClassTrack may update these Terms with 30 days' notice. In case of conflict: Order Form → DPA → Terms → Privacy Policy → Documentation.
19. Entire Agreement; Assignment; Severability
This is the entire agreement between the parties. Either may assign in connection with a merger or sale with notice. If any provision is unenforceable, the remainder remains valid. Failure to enforce is not a waiver.
20. Click-to-Accept Implementation Text
By clicking "I Agree," you: (a) accept these Terms for yourself and your institution; (b) confirm that you are authorized to bind your School to the Agreement and DPA; and (c) appoint ClassTrack (ZeroPoint Holdings LLC dba Teaching Tomorrow) as Processor/Service Provider of Student Data.
© 2024-2025 ZeroPoint Holdings LLC dba Teaching Tomorrow. All rights reserved.