1. Agreement to these terms
These terms are an agreement between you and Cognify Works, LLC ("Cognify Works", "we", "us") and apply when you use grad-tracker.com or the Grad-Tracker platform (the "Service"). If you use the Service on behalf of a college, university or other organization (an "Institution"), you agree on its behalf and confirm you are authorized to do so.
If an Institution has signed an order form or customer agreement with us, that agreement governs its subscription and prevails over these terms where they conflict.
2. Accounts and access
- Provide accurate information, keep your password confidential, and tell us promptly about any unauthorized use of your account.
- You are responsible for activity under your account. Institutions are responsible for the users they invite and the roles they assign.
- Demo accounts are for evaluation only and contain sample data. Do not enter real student or alumni information in a demo. We may change, reset or remove demo accounts and their content at any time.
3. Acceptable use
You agree not to:
- Use the Service in violation of law or the rights of others, including privacy and education-records laws.
- Upload malicious code or content you have no right to share.
- Access accounts or data you are not authorized to access, or bypass security or access controls.
- Probe, scan or test the Service for vulnerabilities without our written permission. To report a security issue, email privacy@cognify-works.com.
- Send spam or messages without a lawful basis, or remove the unsubscribe link from emails sent through the Service.
- Scrape, copy, resell or reverse engineer the Service, except where the law expressly allows it.
- Interfere with or overload the Service.
4. Institution Data
Institutions own the data they and their users put into the Service ("Institution Data"). Each Institution grants us permission to host, process and display its Institution Data only as needed to provide and support the Service, and as described in our Privacy Policy and our agreement with the Institution.
Institutions are responsible for having the right to collect and share their Institution Data with us, and for any notices or consents that law or their own policies require, including under FERPA and laws governing email.
5. Our intellectual property
The Service, including its software, design and content, belongs to Cognify Works and its licensors and is protected by law. Subject to these terms and any subscription, we grant you a limited, non-exclusive, non-transferable right to use the Service. If you send us feedback, we may use it without obligation to you.
6. Fees
Subscriptions are quoted and billed under an order form or customer agreement. Demo access is free and may be limited or ended at any time.
7. Changes and availability
We continually improve the Service and may change or remove features. We work to keep the Service available but do not guarantee it will be uninterrupted; any service-level commitments are set out only in a customer agreement.
8. Suspension and termination
We may suspend or end access if you breach these terms, if your use creates a security or legal risk, or if an Institution's subscription ends. On termination, your right to use the Service ends. Return and deletion of Institution Data follow the Institution's customer agreement and our Privacy Policy.
9. Disclaimers
EXCEPT AS EXPRESSLY STATED IN A CUSTOMER AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.
10. Limitation of liability
TO THE EXTENT PERMITTED BY LAW, COGNIFY WORKS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, ARISING OUT OF OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS PAID TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM OR ONE HUNDRED U.S. DOLLARS. A CUSTOMER AGREEMENT MAY SET DIFFERENT LIMITS FOR THE INSTITUTION THAT SIGNS IT.
11. Indemnity
To the extent permitted by law, you will defend and indemnify Cognify Works against third-party claims arising from your misuse of the Service or your violation of these terms or of law.
12. Governing law
These terms are governed by the laws of the state in which Cognify Works, LLC is organized, without regard to its conflict-of-laws rules, unless a customer agreement says otherwise. Public institutions whose governing law is set by statute are subject to the terms of their customer agreement.
13. Changes to these terms
We may update these terms. We will change the effective date above, and for material changes give Institutions reasonable notice. Continued use after changes take effect means you accept them.
14. Contact us
Questions about these terms: privacy@cognify-works.com. Cognify Works, LLC.