DRAFT -- FOR REVIEW. These terms of service have not yet been reviewed by legal counsel. They are provided for transparency during our pre-alpha testing period.
Terms of Service
Last updated: March 2026
These Terms of Service ("Terms") govern your access to and use of GradeView ("the Service"), operated by Sean Hart, doing business as Emergent Instruments ("we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.
1. Description of Service
GradeView is a grade tracking and analysis application that helps parents and guardians monitor their children's academic performance. The Service:
- Connects to school district portals (such as Frontline and BLEND/Canvas) using credentials you provide to retrieve grade and assignment data
- Uses artificial intelligence to analyze grades, match assignments across platforms, identify trends, and generate insights
- Sends notifications about grade changes and missing assignments
- Provides a web dashboard and mobile application (iOS) for viewing grade data
2. Eligibility
The Service is intended for use by parents, guardians, and authorized adults who manage the education of minor students. You must be at least 18 years old to create an account. By using the Service, you represent that you are a parent, legal guardian, or authorized party with the right to access the student's educational records through the school portals you connect.
3. User Accounts
3.1 Account Creation
You may create an account using Google OAuth or email and password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
3.2 Account Responsibilities
You agree to:
- Provide accurate and complete information when creating your account
- Notify us immediately of any unauthorized use of your account
- Not share your account with others or allow others to access the Service through your account
- Not create multiple accounts for the same person
4. School Portal Credentials
4.1 Authorization
By providing your school portal credentials (usernames and passwords for services such as Frontline and BLEND/Canvas), you authorize us to:
- Store these credentials in encrypted form
- Use these credentials to log in to school portals on your behalf
- Retrieve grade data, assignment information, and related educational records
- Perform these actions on an automated, recurring basis
4.2 Your Responsibility
You represent and warrant that:
- You are authorized to access the school portals using the credentials you provide
- Your use of the Service to access school portals does not violate any agreement between you and the school district, or any applicable law
- You will update your credentials in the Service if they change, and remove them if you are no longer authorized to access the school portals
4.3 Credential Security
We encrypt your school portal credentials using AES-256 encryption before storing them. However, you acknowledge that no method of electronic storage is 100% secure. We are not responsible for unauthorized access to school portals that results from a breach of our systems, though we will notify affected users promptly if such a breach occurs.
5. Grade Data Accuracy
Grade data displayed in the Service is retrieved from school portals and may not always be accurate, complete, or up to date. You acknowledge and agree that:
- Grade data is scraped from third-party school portals and may contain delays, errors, or omissions
- The Service may not reflect the most recent grades if school portals are temporarily unavailable or if grade data has not yet been posted by teachers
- Assignment matching across platforms (e.g., Frontline and BLEND) is performed by AI and may occasionally be incorrect
- The official source of truth for student grades is the school district's own records, not the Service
- You should not rely solely on the Service for academic decisions and should verify important grade information directly with the school
6. AI-Generated Content
The Service uses artificial intelligence (powered by Anthropic's Claude and OpenAI) to generate analysis, insights, and recommendations about student academic performance. You acknowledge that:
- AI-generated content is provided for informational purposes only and should not be treated as professional educational, academic, or psychological advice
- AI analysis may contain inaccuracies, misinterpretations, or incomplete conclusions
- Recommendations generated by AI are suggestions, not directives, and you should use your own judgment when acting on them
- We do not guarantee the accuracy, completeness, or usefulness of any AI-generated content
7. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose
- Access school portals for students you are not authorized to monitor
- Attempt to reverse-engineer, decompile, or disassemble the Service
- Interfere with or disrupt the Service or its infrastructure
- Use the Service to harvest or collect data about other users
- Use automated tools (bots, scrapers) to access the Service other than the official mobile and web applications
- Resell, redistribute, or sublicense access to the Service
8. Intellectual Property
The Service, including its design, code, features, and branding, is the property of Emergent Instruments and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.
Your data (account information, student records retrieved through the Service) remains yours. By using the Service, you grant us a limited license to process your data as necessary to provide and improve the Service, as described in our Privacy Policy.
9. Service Availability
The Service is provided on an "as available" basis. We do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to:
- Scheduled or unscheduled maintenance
- School portal outages or changes
- Third-party service disruptions
- Network or infrastructure issues
We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice.
10. Fees and Payment
The Service is currently provided free of charge during the pre-alpha testing period. We reserve the right to introduce fees in the future. If we do, we will provide advance notice and you will have the option to discontinue use before any charges apply.
11. Limitation of Liability
To the maximum extent permitted by law:
- The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- We do not warrant that the Service will be uninterrupted, secure, or free of errors or harmful components.
- In no event shall Emergent Instruments, its operator, or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service, including but not limited to damages for loss of data, academic harm, or any decisions made based on AI-generated content or grade data displayed in the Service.
- Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or fifty dollars ($50), whichever is greater.
12. Indemnification
You agree to indemnify, defend, and hold harmless Emergent Instruments and its operator from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights, including school portal terms of service
- Any unauthorized use of school portal credentials provided through the Service
13. Termination
13.1 By You
You may stop using the Service at any time. To delete your account and all associated data, contact us at the address below. We will process account deletions within 30 days.
13.2 By Us
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:
- Violation of these Terms
- Unauthorized or fraudulent use of school portal credentials
- Conduct that we determine to be harmful to other users or the Service
- Extended inactivity
13.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. We will delete your stored data, including encrypted school portal credentials, within 30 days of termination. Provisions of these Terms that by their nature should survive termination (including Limitation of Liability, Indemnification, and Governing Law) will survive.
14. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree with the revised Terms, you must stop using the Service.
15. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any disputes arising from or related to these Terms or the Service shall be resolved in the state or federal courts located in Texas. You consent to the personal jurisdiction of such courts.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Emergent Instruments regarding the Service and supersede any prior agreements or understandings.
18. Contact Us
If you have questions about these Terms of Service, please contact us:
- Email: legal@heymomedu.com
- Website: heymomedu.com