Terms of Service

1. Agreement to Terms

By accessing or using Pink Cow ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including teachers, administrators, parents, and authorized school personnel.

2. Description of Service

Pink Cow provides a cloud-based platform for special education management, including:

• Student progress tracking and IEP goal management
• Observation and assessment tools
• Team collaboration features
• Report generation and analytics
• Parent communication portals
• Mobile applications (iOS and Android)

3. Account Terms

3.1 Account Creation

• You must provide accurate, complete, and current information
• You are responsible for maintaining account security
• You must be 18+ or have parental consent to create an account
• One person or legal entity may not maintain multiple accounts

3.2 Account Responsibilities

• You are responsible for all activity under your account
• You must immediately notify us of unauthorized use
• You may not use the Service for illegal or unauthorized purposes
• You must comply with all applicable laws and regulations

3.3 School and District Accounts

Schools and districts act as the "Educational Agency" and are responsible for:

• Obtaining necessary consents for student data
• Ensuring authorized use by staff members
• Maintaining compliance with FERPA and state privacy laws
• Managing user access and permissions

4. Payment Terms

4.1 Subscription Fees

• Subscription fees are billed in advance monthly or annually
• All fees are in USD unless otherwise specified
• Prices are subject to change with 30 days notice
• No refunds for partial months or unused features

4.2 Free Trial

• 14-day free trial available for new accounts
• No credit card required for trial
• Full feature access during trial period
• Automatic conversion to free tier after trial unless upgraded

4.3 Payment Processing

Payment processing is handled by Stripe. By providing payment information, you authorize us to charge your payment method for all fees incurred.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malicious code or interfere with the Service
• Attempt to gain unauthorized access to any systems
• Harass, abuse, or harm another person
• Collect or harvest user information without consent
• Use the Service for commercial solicitation
• Misrepresent your identity or affiliation

6. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy. Key points:

• We comply with FERPA and applicable privacy laws
• We do not sell or rent personal information
• Schools maintain ownership of student data
• We act as a "School Official" under FERPA
• Data is encrypted in transit and at rest
• We maintain appropriate administrative, physical, and technical safeguards

7. Intellectual Property Rights

7.1 Pink Cow's Rights

The Service and its original content, features, and functionality are owned by Pink Cow LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Your Rights

You retain all rights to the content you upload to the Service. By uploading content, you grant us a limited license to use, store, and display that content solely for providing the Service.

7.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by Pink Cow without any obligation to compensate you.

8. Disclaimers and Limitations

8.1 Service Availability

The Service is provided "as is" and "as available" without warranties of any kind. We do not guarantee uninterrupted or error-free service.

8.2 Educational Decisions

Pink Cow is a tool to assist educators. All educational decisions remain the responsibility of qualified professionals. We do not provide educational, medical, or therapeutic advice.

8.3 Limitation of Liability

To the maximum extent permitted by law, Pink Cow LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service.

9. Termination

We may terminate or suspend your account immediately, without prior notice, for:

• Breach of these Terms
• Non-payment of fees
• Violation of applicable laws
• Actions harmful to other users or the Service

Upon termination, your right to use the Service will cease immediately. You may export your data for 90 days following termination.

10. Indemnification

You agree to defend, indemnify, and hold harmless Pink Cow LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of the Service or violation of these Terms.

11. Governing Law

These Terms shall be governed by the laws of the State of Washington, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of King County, Washington.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Service at least 30 days before taking effect. Continued use after changes constitutes acceptance.

13. Contact Information

Questions about these Terms? Contact us:

14. Additional Terms

14.1 Entire Agreement

These Terms constitute the entire agreement between you and Pink Cow regarding the Service and supersede all prior agreements.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment

You may not assign or transfer these Terms. We may assign our rights to any of our affiliates or successors.