1. Acceptance of Terms

By accessing or using the FormED Smart website and its associated platforms (“Site”), order(s) for services, or by paying part or all of a FormED Smart Invoice you agree to comply with and be bound by these Terms and Conditions (“Ts & Cs”). If you do not agree with any part of these terms, please do not use the Site, associated platforms or FormED Smart LLC (“FormED Smart”) services. These Ts & Cs constitute the entire agreement between FormED Smart and the Customer and supersede any purchase order terms associated with a Purchase Order (P.O.) number on any order. If any provision of the Ts & Cs is found to be illegal or unenforceable, the remaining provisions will be enforced. These Ts & Cs may not be waived or modified.  Issues involving copyright and patent will be resolved under U.S. Federal Law. 

2. Description of Service 

FormED Smart provides a web-based platform that allows users to create, customize, and manage student data collection forms for schools, educational institutions, or private practitioners. The forms may include but are not limited to parent input, teacher input, student classroom data collection (i.e. MTSS forms), and transition surveys. The content of these electronic forms can vary depending on the specific goals and objectives of the data collection effort. However, they often include open-ended questions or prompts that encourage respondents to provide detailed observations, comments, or reflections about the student in question. 

3. User Accounts 

To use FormED Smart, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account information, including your username and password.

4. User Responsibilities/Use of Product 

Users are responsible for the content they create using FormED Smart. Content must not violate any laws or regulations, infringe on the rights of others, or contain any harmful or offensive material. Customer understands and agrees that the Products are intended to be used as tools in the overall assessment process, and are not designed to be used alone or to replace the Customer’s professional judgment. FormED Smart is not responsible for any claims or damages incurred in connection with the Customer’s or any third party’s use or misuse of the Products. 

5. Limitation of Liability and Limitation on Claims 

Under no circumstances shall FormED Smart be held liable for any indirect, incidental, consequential, exemplary, or special damages arising from this agreement, the purchase, or use of FormED Smart products or services. Regardless of any other provision or agreement between the customer and FormED Smart, FormED Smart’s total liability to any party arising from this agreement, the purchase, or use of products, unless related to FormED Smart’s intentional misconduct, shall not exceed the amount paid by the customer for the products or services.

6. Intellectual Property

All content and features provided by FormED Smart are the property of FormED Smart and are protected by copyright and other intellectual property laws. Users retain ownership of the content/data they create using the platform. The printing or reproduction of copyright-protected materials or content, whether for sale or free distribution, is strictly prohibited by law and these Terms and Conditions. Customers acknowledge and accept that the utilization or disclosure of FormED Smart trade secrets or confidential information may result in irreparable harm to FormED Smart, for which remedies other than injunctive relief may be insufficient.

7. Indemnification

To the fullest extent permitted by law, the Customer agrees to indemnify, defend, and hold FormED Smart harmless from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of any kind and however they may arise (including, but not limited to, any legal or professional fees, costs of defending or prosecuting any claim, and any loss of profit, goodwill, or other direct or consequential loss) incurred or suffered by FormED Smart directly or indirectly due to any act or omission by the Customer that constitutes a breach of these Terms and Conditions and the obligations and warranties therein.

8. Payment

FormED Smart accepts payments through check, money order, or major credit cards including Visa, MasterCard, American Express, and Discover. Payment is required upon placing an order. For institutional Customers, FormED Smart will invoice orders if received on official purchase orders with a tax-exempt certificate on file (if applicable). All invoices are due within 30 days from the invoice date. Prepayment is mandatory for all new accounts. Any charges not settled by the due date will accrue a late charge of 1.5% per month or the maximum allowed by law, whichever is lesser. The Customer bears responsibility for any reasonable attorney or collection fees incurred by FormED Smart in the event of non-payment. Payments must be made in U.S. dollars.

9. Modifications of Terms and Conditions

FormED Smart retains the authority to modify pricing and these Terms and Conditions without prior written notice. FormED Smart reserves the right, without incurring any penalty or liability, to (a) introduce new, revised, or updated products, thereby replacing current products at any time, and (b) declare any product as “out of print” or cease offering it for purchase. The latest version of the Terms and Conditions will be available on FormED Smart’s website.

10. Data Privacy 

FormED Smart values user privacy and data security. We collect and process personal information in accordance with our Privacy Policy. By using our services, you agree to the terms outlined in the Privacy Policy.

11. Data Ownership and Retention

The educational institution retains full ownership of all data uploaded to the formED SMART platform. FormED SMART regularly backs up student data securely, though it remains the institution’s responsibility to maintain a FERPA-compliant records-retention policy. Institutions can export their data during the term of the agreement in accordance with the contract of sale and our privacy policy.  By using our services, you agree to the terms outlined in the Privacy Policy.

12. Support and Communication 

FormED Smart may provide customer support through designated channels. Users agree to communicate respectfully and professionally with FormED Smart‘s support team.

13. Termination of Service 

FormED Smart reserves the right to suspend or terminate your access to the service at any time, for any reason. We may also modify or discontinue the service without notice.

14. Contact Information 

If you have any questions or concerns about these Ts & Cs, please contact us at info@formedsmart.com.

By using FormED Smart, you acknowledge that you have read, understood, and agree to be bound by these Ts & Cs.

Last Updated: August 25, 2024