Terms of Use

By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, and any additional terms and policies referenced herein. If you are using the Service on behalf of a school, district, or other organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

If you do not agree to these Terms, you must not access or use the Service.

SubjectPath provides standards-aligned diagnostic Paths for K–12. The Service delivers an adaptive diagnostic that adjusts to each student's answers.

The Service may include, but is not limited to, the adaptive diagnostic, the Frontier skill tree, lessons, skill checks, and administrative tools for managing users and rosters.

SubjectPath reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with reasonable notice to affected users when practicable.

Access to the Service requires the creation of user accounts. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying SubjectPath immediately of any unauthorized use of your account
• Ensuring that all information provided during registration is accurate and current

Student accounts are created and managed by authorized school or district personnel. Students under 13 do not create their own accounts directly.

SubjectPath reserves the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period, with prior notice where practicable.

You agree not to:

• Use the Service for any purpose that is unlawful, harmful, or prohibited by these Terms
• Attempt to gain unauthorized access to any part of the Service, other user accounts, or our systems or networks
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Reproduce, distribute, or create derivative works of any assessment content, algorithms, or other proprietary materials
• Use automated scripts, bots, or scrapers to access the Service without prior written consent
• Misrepresent your identity or affiliation when using the Service
• Share student data obtained through the Service with unauthorized parties

SubjectPath reserves the right to investigate and take appropriate action against any violations, including suspending or terminating access to the Service.

The Service, including all content, features, functionality, assessment items, adaptive algorithms, psychometric models, software, designs, trademarks, and documentation, is owned by SubjectPath or its licensors and is protected by United States and international intellectual property laws.

Subject to your compliance with these Terms, SubjectPath grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for its intended educational purpose during the term of your subscription or agreement.

You retain ownership of any data you provide to the Service (such as student roster information). SubjectPath does not claim ownership of student data.

SubjectPath takes the protection of student data seriously. We comply with the Family Educational Rights and Privacy Act (FERPA), the Children's Online Privacy Protection Act (COPPA), and applicable state student privacy laws.

By using the Service, schools and districts acknowledge that:

• SubjectPath acts as a "school official" with a "legitimate educational interest" under FERPA
• The school or district has obtained all necessary consents for the collection and use of student data through the Service
• SubjectPath will use student data solely to provide and improve the educational service as described in our Privacy Policy
• Student data will not be used for advertising, marketing, or any non-educational purpose

For detailed information about how we handle student data, please refer to our Privacy Policy and Security page.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SubjectPath does not warrant that the Service will be uninterrupted, error-free, or completely secure. SubjectPath does not warrant the accuracy, reliability, or completeness of any assessment results, proficiency estimates, or reports generated by the Service. Assessment results are intended to inform educational decisions and should be considered alongside other measures of student performance.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUBJECTPATH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

SUBJECTPATH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO SUBJECTPATH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above shall apply to the fullest extent permitted by law.

You agree to indemnify, defend, and hold harmless SubjectPath and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any intellectual property or other rights of any third party
• Any data you provide to the Service, including student roster data, to the extent that such data was provided without proper authorization

Either party may terminate these Terms at any time for any reason by providing written notice to the other party. SubjectPath may also suspend or terminate your access to the Service immediately, without prior notice, if:

• You breach any provision of these Terms
• Your subscription or contract with SubjectPath expires or is not renewed
• Required by law or to protect the rights, safety, or property of SubjectPath or its users

Upon termination, your right to access and use the Service will cease immediately. SubjectPath will handle any remaining student data in accordance with our Privacy Policy, including deleting student-identifiable data in accordance with the applicable data privacy agreement.

Sections 5 (Intellectual Property), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), and 11 (Governing Law) shall survive termination.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction and venue of such courts.

SubjectPath reserves the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Notify affected users via email or through the Service at least 30 days before changes take effect

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

If you have questions about these Terms of Use, please contact us: