Terms of Service

1. Acceptance of Terms

By accessing or using Innovation Assessments LLC ("Innovation Assessments," "we," "us," or "our") and its websites, applications, or services (collectively, the "Service"), you agree to be bound by these Terms of Service ("TOS"). If you do not agree, you may not use the Service.

We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

2. Description of Service

Innovation Assessments LLC is an online educational platform designed for teachers, tutors, and educational institutions. The Service allows teachers to create instructional content and assessments, deliver them to students, collect submissions, evaluate work, and manage instructional records.

3. Eligibility and Accounts

Accounts are intended for educators and educational organizations. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

Students under 13 must use access methods provided by a teacher or institution and may not independently register using third-party authentication systems where prohibited by law.

4. Teacher-Created Content and Ownership

All instructional content created by teachers using the Service, including courses, assessments, questions, rubrics, media, and related materials ("Teacher Content"), remains the property of the teacher.

Innovation Assessments LLC does not claim ownership of Teacher Content and does not sell, license, or repurpose Teacher Content for unrelated commercial use.

5. Meaning of "Permanent" Access

When Innovation Assessments LLC refers to "permanent," "ongoing," or "forever" access to Teacher Content, this means that while the Service continues to operate, Innovation Assessments LLC will not intentionally delete, revoke, or time-limit teacher access to Teacher Content solely due to plan changes, downgrades, or inactivity.

However:

• No digital service can guarantee perpetual availability.
• If Innovation Assessments LLC ceases to operate, experiences catastrophic system failure, or is legally required to discontinue services, stored data may become inaccessible or be lost.
• Teachers and institutions are responsible for maintaining their own backups of important instructional materials.

6. Subscriptions, Course States, and Plan Caps

Innovation Assessments LLC offers multiple access tiers, including a Free tier and paid subscription tiers.

Limits apply to simultaneous classroom activity, not to long-term storage of content.

A "course with students enrolled" (sometimes referred to as an active course) is any course that currently has one or more students enrolled. A course with no students enrolled is considered inactive or archived.

Inactive courses remain accessible to the teacher for viewing, editing, exporting, reuse, and future redeployment, subject to the Service's current capabilities.

7. Plan Reversion and Student Access

If a paid subscription is not maintained and an account reverts to the Free tier:

• Teachers retain access to all Teacher Content they have created.
• Teacher Content is not deleted or disabled.
• Student access to courses, activities, or resources may be limited to the caps of the current tier.

Content that exceeds the Free tier caps may become unavailable to students until usage is reduced (for example, by unenrolling students or archiving courses) or a paid plan is resumed. Content exceeding the caps remains accessible to the teacher.

Limits are intended to restrict simultaneous classroom activity, not to take teacher-created content hostage.

8. AI-Assisted Features and Token Usage

Certain features of the Service use artificial intelligence and are subject to monthly usage limits ("AI tokens") based on the user's access tier.

AI token terms:

• Tokens reset on your billing-cycle renewal date.
• Unused tokens do not roll over or bank. Unused tokens are forfeited at the end of each billing cycle.
• Token consumption varies based on task complexity, model used, and input/output size.
• When tokens are exhausted, AI features pause until the next reset or until additional tokens are purchased; there is no automatic overage billing unless expressly enabled.
• AI features depend on third-party providers; uptime and availability are not guaranteed. Outages or interruptions may result in service credits where required by law; AI outputs are not guaranteed, and quality issues do not trigger credits or refunds.

AI-assisted features are instructional aids only. Innovation Assessments LLC does not guarantee accuracy or appropriateness of AI outputs. Teachers retain responsibility for instructional and grading decisions.

9. FERPA (Family Educational Rights and Privacy Act)

Innovation Assessments LLC is designed to support compliance with FERPA.

When used by schools or teachers, Innovation Assessments LLC generally acts as a "school official" with a legitimate educational interest, performing services for which the school would otherwise use employees, under the school's control regarding education records.

Student data:

• Is used solely to operate and support the Service
• Is not sold or used for advertising
• Is accessible only to authorized users and system operations

Teachers and institutions remain responsible for FERPA compliance, parental notices, and responding to access or correction requests.

10. COPPA and Under-13 Use

Under federal law, websites must obtain parental consent before collecting personal information from children under 13. Schools may provide consent on parents’ behalf. You may not create student accounts for users under 13 unless your school has obtained required parental consent. Students under 13 may not independently register using third-party authentication where prohibited by law.

11. Data Security and Personal Information

We safeguard personal information using encryption, firewalls, password protections, and SSL for data in transit. Access to personal information is limited to individuals with a legitimate educational interest and to system operations. Stored data (including credentials) is protected using industry-standard security practices.

Information we collect may include: name, surname, email address, school name, and, for billing, address and telephone number. Teachers control the sub-accounts of their students; teachers do not see student passwords but can reset them.

12. Data Retention and Deletion

When a teacher terminates an account, associated teacher and student data is deleted from our online storage. Accounts that remain inactive for extended periods may be deleted. System software may automatically delete score and audit data after periods needed to manage storage. You are responsible for downloading or backing up any data you want to retain.

13. Acceptable Use

You agree not to:

• Use the Service for unlawful, harmful, harassing, or abusive purposes
• Upload or share content that infringes intellectual property rights
• Impersonate others or misrepresent authorization
• Upload malware, disrupt system operation, or interfere with networks
• Post unsolicited advertising, spam, chain letters, or pyramid schemes
• Collect or store personal data about other users without consent
• Use AI tools to violate academic integrity or institutional policies

We may remove content or restrict access for violations of acceptable use.

14. Commercial Use and Resale

Free individual non-profit licenses may not be used to resell or charge for access to Service content. Commercial or for-profit use requires a commercial license. Under any commercial use, you warrant that all content you offer is original or properly licensed, does not infringe others' intellectual property, and does not contain advertising.

15. TestDrive Passcode Access

Passcodes grant students access to specific learning activities without requiring registration or login. Passcodes may be shared only with students in the teacher’s class or assigned group. Embedded third-party content (e.g., videos) may become unavailable without notice. Passcodes generally remain active unless business changes or content updates require deactivation, and activities may be revised at any time.

16. Payments and Billing

Subscriptions are billed in advance for the applicable billing cycle (for example, monthly or annually) and renew automatically unless canceled before the renewal date. Fees are non-refundable except where required by law; we do not provide refunds or credits for partial periods, unused tokens, or unused services. Upgrades or downgrades may adjust billing on a go-forward basis; any proration is described at the time of change. Chargebacks or payment failures may result in suspension or termination of access. Prices are exclusive of taxes; you are responsible for any applicable taxes unless we are required to collect them.

17. DMCA and Intellectual Property Complaints

If you believe content infringes your copyright, send a notice to our DMCA agent at: David Jones (david [at] innovationassessments [dot] com), 595 Luzerne Rd (Queensbury, NY 12804) with: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the material and its location; (d) your contact information; (e) a statement of good-faith belief that use is not authorized; and (f) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized agent. We may remove or disable access to allegedly infringing material and may terminate repeat infringers in appropriate circumstances.

If your content was removed and you believe it is not infringing, you may send a counter-notice to the same address including: (a) your physical or electronic signature; (b) identification of the material removed and its prior location; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; and (d) your name, address, phone, and consent to jurisdiction of the federal courts in New York for resolution of the dispute.

18. Dispute Resolution and Venue

Please contact us first to resolve concerns. Any dispute arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in New York, and you consent to their jurisdiction and venue. You agree to bring claims only in your individual capacity and not as a class or representative action. Any claim must be filed within one year after it arose, unless a longer period is required by law.

19. Privacy

Use of the Service is subject to our Privacy Policy, which describes how information is collected, used, and protected.

20. Account Termination and Service Changes

You may stop using the Service at any time. We may suspend or terminate access for violations of these Terms, security concerns, or misuse.

Innovation Assessments LLC may modify or discontinue features, pricing, or tiers with reasonable notice. Such changes will not retroactively revoke teacher access to previously created content, subject to the operational limitations described in Section 5.

21. Indemnity

You agree to indemnify and hold harmless Innovation Assessments LLC, its officers, employees, and agents from claims arising out of your content, your use of the Service, your violation of these Terms, or your violation of others' rights.

22. Disclaimer of Warranties

The Service is provided "as is" and "as available." Innovation Assessments LLC makes no warranties, express or implied, regarding availability, reliability, or fitness for a particular purpose.

23. Limitation of Liability

To the fullest extent permitted by law, Innovation Assessments LLC shall not be liable for indirect, incidental, or consequential damages. Total liability shall not exceed the amount paid by the user in the preceding 12 months.

24. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

25. Notices

We may provide notices via email, postal mail, or in-product messages. Formal notices to Innovation Assessments LLC should be sent to: Innovation Assessments LLC, 595 Luzerne Rd (Queensbury, NY 12804).

26. Contact

Questions regarding these Terms may be directed to: david@InnovationAssessments.com.