1—DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website and educational assessment platform, makes the Website and certain Services available to users. Pathfinder, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
b) You, the User, the Client: You, as the user of the Website and Services, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client. This may include teachers, administrators, students, or other educational professionals using the platform.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
2—ASSENT & ACCEPTANCE
By using the Website and Services, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.
3—LICENSE TO USE WEBSITE AND SERVICES
The Company may provide You with certain information, assessment tools, and educational resources as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, assessment data, educational materials, or information developed by the Company, and other materials which may assist in Your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services for educational purposes. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
4—INTELLECTUAL PROPERTY
You agree that the Website, Services, and all assessment tools provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
5—EDUCATIONAL CONTENT AND ASSESSMENT MATERIALS
a) User-Generated Content: Any assessment materials, questions, or educational content that You create using our platform remains Your intellectual property. However, by using our Services, You grant the Company a non-exclusive, worldwide, royalty-free license to use, modify, and distribute such content within the Services.
b) Assessment Sharing: When You choose to share assessments or educational materials with other users through our platform, You maintain ownership rights while granting other users the right to use and modify these materials for their educational purposes.
6—USER OBLIGATIONS
As a user of the Website or Services, You will be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide professional information, including, but not limited to, Your name, educational institution, and role. You are responsible for:
a) Ensuring the accuracy of this information
b) Maintaining the confidentiality of Your account credentials
c) All activities that occur under Your account
d) Promptly notifying Us of any unauthorized use of Your account
e) Using the Services in accordance with applicable education laws and regulations
f) Obtaining appropriate consents for student data collection where required
7—ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To publish or distribute any obscene or defamatory material;
VI) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VII) To unlawfully gather information about students or other users;
VIII) To share student data in violation of FERPA or other applicable education laws;
IX) To attempt to manipulate assessment results or analytics;
X) To use the Services for non-educational commercial purposes.
8—STUDENT DATA AND PRIVACY
The Company takes student privacy seriously and complies with all applicable education privacy laws, including FERPA.
a) Collection and Use: We collect and use student data solely for educational purposes and to provide and improve our Services.
b) Protection: We implement appropriate technical and organizational measures to protect student data.
c) Sharing: We do not share student data with third parties except as necessary to provide our Services or as required by law.
d) Retention: We retain student data only for as long as necessary to provide our Services or as required by law.
9—DATA SECURITY
The Company implements reasonable security measures to protect all user data, including:
a) Encryption: All data transmitted between You and our Services is encrypted using industry-standard protocols.
b) Access Controls: We maintain strict access controls to ensure data is only accessible to authorized personnel.
c) Regular Audits: We conduct regular security audits and updates of our systems.
d) Breach Notification: In the event of a data breach affecting Your information, we will notify You in accordance with applicable laws.
10—ANALYTICS AND REPORTING
a) Usage Data: The Company collects and analyzes usage data to improve our Services and provide insights to users.
b) Assessment Analytics: Any analytics, reports, or insights generated through our platform are for educational purposes only and should not be the sole factor in making educational decisions.
c) Aggregate Data: The Company may use aggregated, anonymized data for research and development purposes.
11—SERVICE AVAILABILITY
a) Uptime: While we strive to maintain high availability of our Services, we do not guarantee uninterrupted access.
b) Maintenance: We may perform scheduled maintenance during off-peak hours and will provide advance notice when possible.
c) Emergency Maintenance: We reserve the right to perform emergency maintenance when necessary without prior notice.
12—PAYMENT TERMS
a) Subscription: Access to certain features of our Services may require a paid subscription.
b) Pricing: Current pricing is available on our website and may be modified with notice to users.
c) Payment Processing: Payments are processed through secure third-party payment processors.
d) Automatic Renewal: Subscriptions automatically renew unless cancelled according to our cancellation policy.
13—REFUND POLICY
a) Trial Period: We may offer a trial period during which you can evaluate our Services.
b) Cancellation: You may cancel your subscription according to the terms specified in your subscription agreement.
c) Refunds: Refund eligibility is determined on a case-by-case basis according to our current refund policy.
14—THIRD-PARTY INTEGRATION
a) Third-Party Services: Our Services may integrate with third-party educational tools and services.
b) Third-Party Terms: Use of third-party services is subject to their respective terms and conditions.
c) Data Sharing: We only share data with third-party services as necessary for integration functionality and with your consent.
15—MODIFICATION & VARIATION
The Company may modify this Agreement at any time. You agree that:
a) Changes become effective immediately upon posting on our website.
b) Continued use of our Services after modifications constitutes acceptance of the modified Agreement.
c) You will regularly review this Agreement for updates.
16—ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties regarding use of the Services and supersedes all prior agreements.
17—SERVICE INTERRUPTIONS
a) The Company may interrupt service for maintenance or updates.
b) We are not liable for any damages resulting from service interruptions.
c) We will make reasonable efforts to minimize service disruptions.
18—TERM, TERMINATION & SUSPENSION
a) Term: This Agreement remains in effect while you use our Services.
b) Termination by User: You may terminate this Agreement by discontinuing use of our Services and closing your account.
c) Termination by Company: We may terminate or suspend your access to our Services:
d) Effect of Termination: Upon termination:
19—NO WARRANTIES
a) “As Is” Service: You agree that Your use of the Website and Services is at Your sole risk. The Services are provided on an “As Is” and “As Available” basis.
b) Disclaimer: The Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to:
c) Educational Disclaimer: While our Services are designed to support educational assessment, we make no warranties regarding:
20—LIMITATION ON LIABILITY
a) Exclusions: This limitation applies to any and all claims, including but not limited to:
b) Educational Decisions: You acknowledge that any decisions made based on our Services’ assessment tools or analytics are at Your own discretion and risk.
21—GENERAL PROVISIONS
a) LANGUAGE: All communications and notices shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW:
c) ARBITRATION:
d) ASSIGNMENT:
e) SEVERABILITY: If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in effect.
f) NO WAIVER: The Company’s failure to enforce any right or provision of this Agreement shall not constitute a waiver.
g) FORCE MAJEURE: The Company is not liable for any failure to perform due to circumstances beyond its reasonable control.
h) NOTICES: All notices shall be in writing and shall be delivered to:
Pathfinder Assessments, LLC. Contact us here.
i) RELATIONSHIP OF PARTIES: Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
j) SURVIVAL: The following sections survive termination of this Agreement:
By using our Services, You acknowledge that You have read, understood, and agree to be bound by this Agreement.
Last Updated: June 18, 2025.
