Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of BoardK12, a K-12 district data dashboard platform operated by Sunflower, LLC ("Company," "we," or "us"). By accessing or using BoardK12, you agree to be bound by these Terms.

Eligibility

BoardK12 is intended for use by authorized school district administrators and staff. You represent that you have the authority to bind your district to these Terms and that your use will comply with all applicable laws, including FERPA and applicable state education data regulations.

License and Permitted Use

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable license to access and use the BoardK12 platform for your district's internal purposes. You may not sublicense, resell, or use the platform to build a competing service.

District Data and Content

You retain ownership of all data, content, and strategic plan materials you upload or share with BoardK12. You grant us a limited license to use that data solely to provide and improve the platform services. You are responsible for the accuracy and appropriateness of all data you provide.

Payment and Subscription

BoardK12 is offered on an annual subscription basis, priced by district size. Payment terms are established in your order form or agreement. Subscriptions auto-renew unless cancelled at least 30 days before the renewal date. We reserve the right to update pricing with 60 days' notice.

Confidentiality

Both parties agree to keep confidential any non-public information disclosed by the other party in connection with the BoardK12 platform. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

Acceptable Use

You agree not to: (a) use BoardK12 for unlawful purposes; (b) upload malicious code or attempt to compromise platform security; (c) reverse engineer or copy any part of the platform; or (d) share login credentials with unauthorized persons.

Service Availability

We aim for high availability but do not guarantee uninterrupted service. We may perform scheduled maintenance with advance notice. We are not liable for interruptions caused by events outside our reasonable control.

Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT AS EXPRESSLY STATED IN A SEPARATE WRITTEN AGREEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUNFLOWER, LLC'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE BOARDK12 PLATFORM SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

Termination

Either party may terminate the subscription at the end of a billing period. We may suspend access immediately if you materially breach these Terms and fail to cure within 10 business days of notice. Upon termination, your data will be available for export for 30 days.

Governing Law

These Terms are governed by the laws of the State of New Jersey, USA, without regard to conflict-of-law provisions. Disputes shall be resolved through binding arbitration in New Jersey, except either party may seek injunctive relief in court.

Changes to Terms

We may update these Terms with 30 days' notice. Continued use of BoardK12 after the effective date constitutes acceptance. If you disagree with changes, you may terminate your subscription before the effective date.