Terms & Conditions

1. Who you are contracting with

These Terms & Conditions are an agreement between you (the school, district or individual educator using the service, “you”) and MyStudentPulse (“MyStudentPulse”, “we”, “us”). They govern your access to and use of the MyStudentPulse website, application and related services (the “Service”).

2. Acceptance

By creating an account, accepting an invitation, purchasing a plan, or continuing to use the Service, you agree to these terms. If you are accepting on behalf of a school or district, you confirm you have authority to bind that organization. If you are using the Service as an individual, you confirm you are of legal age to enter into a contract.

3. What the Service does

MyStudentPulse provides a spreadsheet-style weekly on-pace grid for teachers and sends a bundled weekly email to the parent and student addresses a school enters into its roster, together with faculty reminders, administrator alerts, and reporting on the school’s own data.

4. Accounts and accuracy

• Faculty accounts are created by school administrators through invitation links. You are responsible for keeping account credentials confidential and for all activity under your accounts.
• You must provide accurate school, faculty and roster information and keep it up to date. You are responsible for the accuracy and lawfulness of student, parent and guardian contact details you upload, and for having the right to use them for school communications.

5. Acceptable use

You must not misuse the Service. In particular, you must not:

• use the Service for any unlawful purpose or in breach of education or privacy law;
• send fraudulent, harassing, defamatory, discriminatory or unsolicited bulk messages;
• infringe anyone’s intellectual property or privacy rights;
• interfere with the security or integrity of the Service, including introducing malware, probing or scanning systems, scraping, or circumventing plan limits or access controls;
• reverse engineer, resell, sublicense or redistribute the Service.

6. License

Subject to these terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the Service within the plan you have selected and its stated student and feature limits.

7. Your content

You retain ownership of the roster data, comments and messages you enter. You grant us a limited license to host, process and transmit that content solely to operate and provide the Service, including delivering the weekly email on your behalf.

8. Intellectual property

MyStudentPulse is an independently developed product, personally owned by its author, Douglas Bourget. No third party — including any school, district, partner, investor or contributor — holds any ownership, equity or other proprietary interest in the Service by virtue of development, testing, feedback, pilot use or any other involvement. MyStudentPulse retains all right, title and interest in the Service, including its software, source code, design, documentation, templates, models, branding and all related intellectual property. No rights are granted other than those expressly stated here.

9. Complimentary and pilot access

MyStudentPulse may, at its sole discretion, offer complimentary, pilot or trial access to the Service to a school or individual. Such access is a limited, revocable license to use the Service for the period and purpose stated, and confers no ownership, equity, IP, control or other proprietary interest in MyStudentPulse or the Service. Use, testing, feedback, data contributions or a prolonged complimentary arrangement do not create any right, title or interest in the Service, its source code, branding or business, and create no obligation on MyStudentPulse to continue providing access, to sell or transfer the Service, or to share equity or revenue. Complimentary access may be modified or withdrawn at any time.

10. Service level

We work hard to keep the Service and the weekly send reliable, but the Service is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted, timely, secure or error-free operation, and email delivery depends on third-party mail systems outside our control. To the fullest extent permitted by law we disclaim all implied warranties, including merchantability and fitness for a particular purpose.

11. Payment and subscription terms

Plans are sold as annual subscriptions and renew unless canceled. Payment, billing, currency, tax, invoicing, cancellation and refund mechanics are handled by our reseller and are governed by Paddle’s Buyer Terms. Our own refund commitment is set out in our Refund Policy.

12. Order process and Merchant of Record

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

13. Suspension and termination

We may suspend or terminate access for material breach of these terms, non-payment, a security or fraud risk, or repeated or serious policy violations. Where practical we will give notice and an opportunity to fix the problem first. You may stop using the Service at any time; cancellation of a paid plan takes effect at the end of the current billing period.

On termination, your school may export its roster and weekly history for 30 days, after which we may delete or anonymize the data in line with our Privacy Notice.

14. Liability

To the fullest extent permitted by law, neither party is liable for indirect, consequential or special damages, including loss of profits, data or goodwill. Our aggregate liability arising out of or relating to the Service is limited to the fees you paid in the 12 months before the event giving rise to the claim. Nothing in these terms excludes liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.

15. Indemnity

You will indemnify us against claims arising from content you upload, your unlawful use of the Service, or your breach of these terms.

16. General

• You may not assign these terms without our consent; we may assign on a merger or sale of assets.
• Neither party is liable for delays caused by events beyond its reasonable control.
• We may update these terms; material changes will be notified by email or in-app, and continued use after the effective date constitutes acceptance.
• These terms are governed by the laws applicable at MyStudentPulse’s place of business, and the courts there have exclusive jurisdiction over disputes.

17. Contact

Questions about these terms: hello@mystudentpulse.com. Billing and refund questions can also be raised directly with Paddle at paddle.net.