iSTEEP Terms of Use Policy

iSTEEP Terms of Use Policy

Please read these Terms of Service carefully before using our Services. Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users, including visitors, account holders, and others who interact with or utilize the Services.

By using or accessing the Services, you and your organization agree to be bound by these Terms, unless a separate written agreement with iSTEEP specifically states otherwise. In the event that such a signed agreement (“Agreement”) exists, its terms will override any conflicting provisions in these Terms. If you do not agree to these Terms, whether in whole or in part, you should not use the Services.

1. Service Subscription and Financial Terms

• License Period: When you procure a license for the Services, your access typically commences on July 1st and concludes on June 30th for the academic year specified in your corresponding price quotation, invoice, or formal Agreement (collectively, the “License Term,” inclusive of any renewals or extensions). It is understood that license fees are not prorated; should you acquire a license mid-academic year for that specific period, you will not be eligible for any refunds, discounts, or partial billing.
• Payment Details: Invoices for your License are generated at the time your order is placed. Access to the Services is provided on a subscription basis (“License”). A valid payment method is a prerequisite for processing your License fee. You are required to furnish accurate and complete billing information, along with valid payment credentials. By submitting such payment information, you automatically authorize iSTEEP to charge all License fees incurred through your account to the specified payment instrument. All stated fees are exclusive of any taxes, levies, tariffs, or duties imposed by governmental authorities, and you bear sole responsibility for remitting all such applicable charges. You agree to cover any taxes that may apply to your utilization of the Services and the payments made by you.

2. Policy on Cancellations and Reimbursements

• All payments for Services are final and cannot be cancelled. No refunds or credits will be issued for partially consumed service periods, for changes in service tier (upgrades/downgrades), or for any unused service durations linked to an active account.

3. Rights of Use and Data Scope

• Grant of Rights: Subject to your adherence to these Terms (and, if applicable, your Agreement), iSTEEP extends to you a non-exclusive, restricted, non-sublicensable, non-commercial right to access and display the Services for your personal educational use exclusively, for the duration of the specified License Term. This right is granted for the specific number of users indicated in your price quote, online order confirmation, invoice, and/or Agreement.
• Service Usage and Customer Data: During the License Term, you may input data from iSTEEP assessments, along with other student-related assessment or educational information (“Customer Data”), into the Services. You maintain all proprietary rights and ownership over your Customer Data. Such Customer Data remains under your control and will be accessible to you throughout the License Term (including for modification and deletion as further described below) and during the designated Export Period. iSTEEP’s access to Customer Data is strictly confined to the limited objectives detailed in relevant sections of this document. Under no circumstances will iSTEEP: (i) employ Customer Data for student-targeted advertising; (ii) compile a profile of a student using Customer Data, except where essential for delivering the Service to you; (iii) sell, rent, or trade Customer Data for commercial purposes, save where permitted by state and federal law; or (iv) otherwise release or disclose Customer Data, except as explicitly outlined within these Terms.

4. Data Integrity, Removal, and Security Measures

• Data Correction or Deletion: You possess the capability to rectify or remove any factually inaccurate Customer Data (including personally identifiable information, “PII”) at any point during the License Term, utilizing the editing and deletion functionalities embedded within the Services. Parents, guardians, or eligible students may request to review, access, correct, delete, opt-out of, or remove their student data by contacting their school administrator. The school administrator is responsible for verifying the requesting party’s identity and subsequently informing iSTEEP of the valid request. We are committed to promptly fulfilling all valid requests for data correction or removal. Please be advised that iSTEEP cannot delete, alter, or disclose any Customer Data without explicit authorization from the Student’s School. Furthermore, during the License Term, you may request that iSTEEP delete all Customer Data containing PII, as defined in 34 CFR § 99.3. Unless compelled by a court order, subpoena, or similar legal or administrative process, we will honor such requests as expeditiously as practicable. You acknowledge that modifying or deleting Customer Data as described in this section may affect the Service’s overall utility and functionality.
• Security and Safeguarding Student Data:
  • iSTEEP pledges to uphold the confidentiality of Customer Data entered into the Service, in full compliance with all relevant State and Federal laws governing student privacy. Our security protocols include: (i) storing Customer Data on password-protected servers located within the United States; (ii) furnishing you with distinct Service accounts and associated passwords for accessing Customer Data; (iii) encrypting Customer Data during transmission within the Services; (iv) ensuring all iSTEEP personnel with PII access undergo background checks at hiring and receive ongoing training in data security and confidentiality; and (v) encrypting backup copies of Customer Data, securely stored both onsite and/or offsite in the United States. These backup copies will be purged (unless legally mandated for retention or by our internal document retention policy) upon the earliest of: (A) our receipt of your request to delete such Customer Data; (B) within a reasonable period following the expiration of the Export Period; or (C) a scheduled deletion of backups.
  • During your engagement with the Services, you agree to employ the Service in accordance with the specifications and documentation provided or made available by iSTEEP (“Documentation”), which may be updated periodically. You also commit to adhering to all applicable laws and industry standards concerning privacy, data protection, confidentiality, and information security. This encompasses maintaining: (i) appropriate administrative, technical, and physical safeguards and other security measures designed to secure all PII and other sensitive information; (ii) a security design engineered to thwart any compromise of your own information systems, computer networks, or data files by unauthorized users, viruses, or malicious programs; and (iii) suitable internal practices, including but not limited to, encryption of data in transit or at rest; restricting system and application access to authorized users; and requiring users to protect passwords. Moreover, you agree to maintain adequate training and education programs to ensure that your employees and any agents acting on your behalf are cognizant of and comply with your organization’s privacy, data protection, confidentiality, and information security practices.

5. Permitted Re-disclosure of Customer Data Containing PII

iSTEEP will only re-disclose Customer Data containing PII under these specific conditions: (a) at your explicit request; (b) as mandated by a court order, subpoena, or similar legal or administrative directive; or (c) for other purposes outlined in the iSTEEP Digital Products Privacy Statement, or as otherwise permitted by relevant federal and state laws. To initiate a request for re-disclosure of Customer Data containing PII under this Section, you must complete and submit a specific Data-Sharing Addendum (“Addendum”). This Addendum must clearly identify the recipients you wish iSTEEP to re-disclose Customer Data to on your behalf (“Authorized Recipients”). By completing and submitting an Addendum to iSTEEP, you affirm and certify that all named Authorized Recipients have a legitimate interest in the Customer Data as described in 34 CFR § 99.31, and that the requested disclosure adheres to the disclosure requirements of 34 CFR § 99.31. iSTEEP will facilitate the re-disclosure of Customer Data to Authorized Recipients on your behalf via Service access or through other mutually agreed-upon methods, at iSTEEP’s sole discretion.

6. Notification of Security Breaches

Should either party detect an unauthorized release, disclosure, or acquisition of Customer Data, or unauthorized access to the Services (a “Security Breach”), the discovering party will promptly inform the other party in writing within seventy-two (72) hours of the discovery. Both parties pledge to investigate the causes and repercussions of the Security Breach and to strive to minimize the risk of any further or additional Security Breach. Each party agrees to provide reasonable and expeditious assistance to the other in investigating a Security Breach. If you opt to, or are legally mandated to, notify any governmental agencies or individuals whose data may have been compromised, you bear sole responsibility for such notification.

7. Intellectual Property Rights

• General Ownership: iSTEEP reserves all rights, title, and interest in and to the Services, all associated Student Materials, and all related intellectual property rights. Nothing in these Terms shall be construed to transfer any such right, title, or interest to you, other than the limited permission to access and display the Services and Student Materials as expressly granted herein. The Services and all related resources and content, including but not limited to student materials, videos, manuals, worksheets, guidance, and activities (collectively, “Materials”) provided within the Services, constitute iSTEEP’s proprietary content. The Services and all Materials, including text, images, videos, graphics, or code, are the exclusive property of iSTEEP and are safeguarded by copyright, trademarks, and other intellectual property laws. All rights not explicitly granted in these Terms are fully retained by iSTEEP. The Materials are exclusively for your use and that of your students. You agree not to disseminate the Materials to other educators or third parties, alter or create derivative works from them, or commercialize them at any time. Furthermore, you commit not to share your account credentials with others, use the Services or Materials for commercial purposes, or employ them for training purposes. You are prohibited from inputting the Materials or any part thereof into an artificial intelligence service, such as a generative AI tool. These Terms do not confer upon you any license to use any trademark belonging to iSTEEP or its affiliates. iSTEEP may, at its sole discretion, provide complimentary updates to the Services and Materials periodically. However, you are not entitled to receive or use any new feature, functionality, module, or product that iSTEEP may, at its sole discretion, release to all customers at an additional cost. iSTEEP retains the right to modify the Services and/or the Materials from time to time at its sole discretion.
• Downloadable Resources: Certain student assessment Materials are made available by iSTEEP for download (“Downloadable Materials”), contingent upon your compliance with these Terms. Your permission to download, photocopy, and use these Materials is solely for the limited purpose of facilitating your educational, non-commercial use of the Services during the License Term. This permission is not intended to, and does not, place the Student Materials in the public domain. You may download from the Services, make photocopies of, and utilize the Downloadable Materials exclusively for administering the assessments described therein, and for the specific number of student licenses you have purchased. No Downloadable Materials may be sold, licensed, further distributed, or used for any purpose other than the authorized use of the Services during the License Term and for the number of student licenses you have acquired. You may use the Downloadable Materials only without any alteration or modification (including, without limitation, without removing logos or acknowledgments for contributions). This permission does not extend to posting the Downloadable Materials online or distributing them via social-media platforms. Any use of the Downloadable Materials deviating from this description is prohibited.

8. Agreement Termination

• Consequences of Termination: If you wish to conclude your account prior to the expiration of your License Term, you may simply cease using the Services. iSTEEP reserves the right to terminate or suspend your access to the Services immediately, without prior notification or liability, in the event of your breach of these Terms, including but not limited to overdue payments.
• Upon the expiration of the License Term or earlier termination of this Agreement, Customer will immediately discontinue using the Services. However, for a period of one hundred twenty (120) days following such expiration or termination, Customer may export its Customer Data (“Export Period”) utilizing the export tools provided within the Services. During this Export Period, Customer will remain bound by the terms and conditions set forth herein concerning access to and use of the Service. Upon expiration of the Export Period: (a) Customer will no longer be able to input Customer Data into the Service, generate or export any reports or datasets from the Service, or otherwise access or use the Service; (b) iSTEEP will delete all Customer Data containing PII from its live and backup servers as soon as reasonably practicable; and (c) iSTEEP may utilize Research Data following the expiration of the License Term or earlier termination of this Agreement, as described in applicable data privacy statements. All provisions of these Terms which, by their nature, are intended to endure beyond termination (including, without limitation, clauses related to choice of law, intellectual property, warranty disclaimers, and limitations of liability) will remain in full force.

9. Liability Limitations

• Warranty Disclaimer: iSTEEP, along with its directors, employees, partners, agents, suppliers, and affiliates, shall not be held accountable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to economic loss, damage to electronic media or data, loss of goodwill, or other intangible losses, regardless of whether iSTEEP has been advised of the potential for such damage, and even if a remedy stated herein is deemed to have failed its essential purpose. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ISTEP’S AGGREGATE TOTAL LIABILITY CONNECTED WITH THE SERVICES SHALL IN NO EVENT EXCEED THE FEES PAID FOR SUCH SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
• “As Is” Provision: iSTEEP offers no guarantees, representations, or warranties of any nature regarding the Services. All purported applicable warranties, terms, and conditions are disclaimed to the fullest extent permissible by law. The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
• External Factors and Third Parties: iSTEEP will not be held responsible for any alleged breach of these Terms resulting from circumstances beyond its reasonable control. No individual or entity not a party to these Terms shall possess any rights of enforcement hereunder.
• Note on Jurisdiction: Certain jurisdictions do not permit the exclusion of specific warranties or the exclusion or limitation of liability for consequential or incidental damages, therefore, the aforementioned limitations may not apply to you.

10. Governing Law and Miscellaneous Provisions

• These Terms and any related actions shall be governed by the laws of the State of Delaware and the United States, irrespective of conflicts of law principles. Both you and iSTEEP agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for the resolution of any such action. You are prohibited from assigning, sublicensing, or otherwise transferring any of your rights under these Terms.
• These Terms (and, if applicable, the Agreement) constitute the complete understanding between iSTEEP and you concerning the Services, superseding and replacing any prior agreements, whether oral or written, pertaining to the Services. No terms, provisions, or conditions from any sales order, purchase order, acknowledgment, or other business form used by either party in connection with the transactions contemplated by these Terms will alter the rights or obligations of the parties or otherwise modify these Terms, regardless of a receiving party’s failure to object to such terms.

11. Federal Government Use

The Services, Materials, and accompanying documentation have been entirely developed with private funding and qualify as commercial off-the-shelf (“COTS”) items, as defined by the relevant acquisition regulations for the U.S. Government. Should the U.S. Government, or an entity acting on its behalf, acquire these Services, Materials, and related documentation, they are acquired as commercial computer software and/or commercial computer software documentation and are fully subject to these Terms.

12. Amendments to Terms

iSTEEP retains the right, at its sole discretion, to revise or replace these Terms at any time. Upon making any changes, we will notify you by posting an updated version of these Terms on our website and updating the “Effective Date” above. Such changes will become effective upon their posting. By continuing to access or use the Services after any revisions take effect, you agree to be bound by the updated terms. If you do not agree to the revised Terms, either in part or in their entirety, please discontinue using the Services.