Terms of Service

Effective Date: November 2, 2025

These Terms are an agreement between Gamification State, LLC (“Gamification State,” “we,” “us,” or “our”) and the Instructor or School that uses the Instructor Dashboard . By creating an account, issuing class codes/PINs, or using the Dashboard, you agree to these Terms.

1) What the Service Does

The Dashboard helps instructors manage classes, create codes/PINs, and view progress and class analytics. When a U.S. School uses the Services, we act as a School Official under FERPA at the School’s direction.

2) Who May Use

• Authorized educational use only. You confirm you are authorized by your School or are using the Services solely for educational purposes.
• Instructor accounts are for adults. Students use student‑facing apps with class codes or school credentials and do not create Instructor accounts.
• Keep accounts secure. You are responsible for your login, class codes, and PINs. Tell us if you suspect a compromise.

3) FERPA Alignment & Roles

• School Official role. With School direction and control, we use Student Education Records only for educational purposes allowed by the School.
• Direct control. The School controls collection, use, disclosure, retention, and deletion of Student Education Records. We follow School instructions except where law requires otherwise.
• No unauthorized disclosure. We disclose Student Education Records only to service providers under contract, to the School, or as required by law.
• Parent/eligible student requests. Submit FERPA requests through the School; we support the School’s response.
• Deletion timelines. Upon verified School request or contract end, we delete or de‑identify in active systems within 30 days and from backups within 90 days , unless law or the School requires otherwise.

4) Acceptable Use

Do not misuse class codes/PINs, access others’ accounts, upload unlawful content, reverse engineer or disrupt the Services, introduce malware, or use the Services to target or profile students beyond legitimate educational purposes.

5) Service Providers

We use third‑party providers (hosting, authentication, email, analytics, and where applicable, AI inference). Providers act under our instructions and must protect information appropriately.

6) Privacy & Ads

We follow our Privacy Policy. We do not sell Student Education Records , we do not use Student Education Records for targeted advertising , and we do not advertise to children .

7) Availability & Changes

We may improve or change features. If we make material changes to these Terms, we will post updates in the Dashboard or email you. Continued use after changes take effect means you accept the updated Terms.

8) Intellectual Property & Feedback

Gamification State and its licensors retain all rights to the Services. You keep your content and data. You grant us a limited license to use Instructor‑submitted content only to operate and improve the Services. Feedback may be used by us without obligation.

9) Fees

If fees apply, we will present billing terms separately. Unpaid amounts may lead to suspension. Taxes are your responsibility unless stated otherwise.

10) Warranties & Disclaimers

The Services are provided “as is” and “as available” . To the extent allowed by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, and non‑infringement.

11) Limitation of Liability

To the extent allowed by law, neither party is liable for indirect, special, incidental, consequential, or punitive damages, or lost profits. Our total liability for all claims is limited to the amounts you paid to us for the Services in the 12 months before the claim, or US $100 if you paid nothing.

12) Indemnity

You will indemnify Gamification State for claims arising from your misuse of the Services or violations of these Terms or law. We will indemnify you for third‑party claims that the Services, as provided, infringe intellectual property rights, subject to standard exclusions.

13) Suspension & Termination

We may suspend or terminate access for violations, security risks, non‑payment, or legal reasons. Sections intended to survive (IP, disclaimers, limitations, and FERPA‑related obligations as to records we hold) will survive termination.

14) Governing Law & Disputes

These Terms are governed by the laws of the State of Connecticut . The parties consent to exclusive jurisdiction in state or federal courts in Hartford County, Connecticut . Before filing suit, the parties will try to resolve disputes informally for 30 days .

15) Notices & Contact

Contact david@gamificationstate.com
Gamification State, LLC