Terms of Service

Introduction

By accessing or using a website, application, or resources provided by Metrable (“the Service”), you agree to be bound by these Terms of Service. These Terms constitute a binding legal agreement between you and Metrable LLC. Your use of the Service is also subject to our Privacy Policy, which explains how we collect, use, and safeguard your personal data.

1. Use of the Platform

Metrable is intended for use by educators, instructional coaches, and administrators. By using the Service, you represent and warrant that:

• Individual vs. Enterprise Use: If you are using the Service as an individual educator, these Terms apply to you personally. If you are using the Service on behalf of a school or district, you represent that you have the legal authority to bind them to these Terms. If your school or district has entered into a separate Enterprise Agreement or Data Privacy Agreement (DPA) with Metrable, the terms of that separate agreement shall supersede these Terms of Service in the event of a conflict.
• You will not knowingly upload "educational records" containing personally identifiable student information (PII) as defined by FERPA, unless you are acting as a "School Official" with a legitimate educational interest and have institutional authority to do so.
• You will use the platform in compliance with all applicable local, state, and federal laws.

2. Intellectual Property Rights

Metrable Ownership: All software, code, algorithms, UI design, and branding elements of the Service are the sole property of Metrable LLC.

User Ownership: You (or your employing institution, as dictated by your employment contract) retain all ownership rights to the lesson plans, pacing guides, files, and other instructional materials ("User Content") you upload.

3. Content License & AI Usage

To provide and improve our Service, we require a license to process your User Content.

License Grant: You grant Metrable a non-exclusive, worldwide, royalty-free license to access, store, process, analyze, and display your User Content specifically for the purposes of:

• Providing curriculum alignment, analytics, and related services to you.
• Internal model training and improvement of our alignment algorithms and platform features.

Generative AI Restriction: Metrable acknowledges that your User Content is proprietary. We utilize AI technologies (including LLMs) strictly for analysis, classification, and alignment ("Analytical Use"). Metrable agrees not to use your User Content to generatively reproduce, synthesize, or publish new, competing lesson plans or educational resources for third parties ("Generative Reproduction"). Your logic and creativity remain yours.

4. Account Security

You are responsible for maintaining the confidentiality of your login credentials. You notify us immediately of any unauthorized use of your account.

5. Subscriptions and Payments

Billing: If you purchase a paid subscription, you agree to pay all applicable fees. Subscriptions are billed in advance on a recurring basis (e.g., monthly or annually).

Automatic Renewal: To ensure uninterrupted service, your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date through your account settings or by submitting a written cancellation request to our support team.

Refunds: All subscription fees are non-refundable, except where required by law. If you cancel your subscription, you will retain access to the paid features until the end of your current billing cycle.

Non-Payment: If we are unable to process your payment, we may suspend your access to the paid features of the Service until payment is resolved.

6. Limitation of Liability

7. Indemnification

You agree to indemnify and hold harmless Metrable and its officers, directors, and employees from any claims, liabilities, damages, and expenses (including legal fees) arising from your violation of these Terms or your violation of any third-party right, including intellectual property or privacy rights (e.g., uploading content you do not own).

8. Third-Party Services and Integrations

The Service may contain links to or allow you to integrate with third-party websites, applications, or services (e.g., ClassLink). Metrable does not control, and is not responsible or liable for, the content, security, privacy policies, or practices of any third-party services. Your use of such services is at your own risk and subject to their respective terms and conditions.

9. Termination

We reserve the right to suspend or terminate accounts that violate these Terms, misuse the platform, or at our sole discretion. Additionally, to protect user privacy and minimize data retention, Metrable will automatically schedule inactive accounts and their associated User Content for deletion after twenty-four (24) months of continuous inactivity.

10. Dispute Resolution and Governing Law

Governing Law & Venue: These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Texas, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

Informal Resolution: Before filing a formal legal claim, you agree to try to resolve the dispute informally by contacting legal@metrable.com. We will try to resolve the dispute informally. If a dispute is not resolved within thirty (30) days of submission, you or Metrable may bring a formal proceeding.

Class Action Waiver: YOU AND METRABLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. A court may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

11. Changes to These Terms

Metrable reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on the Service or via email. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

12. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Metrable regarding your use of the Service and supersede all prior understandings or agreements, whether written or oral.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Metrable. Metrable may freely assign these Terms or its rights and obligations hereunder.

Severability and Waiver: The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. The failure of either party to enforce any right or provision shall not constitute a waiver of that right or provision.

Interpretation: In these Terms, the words "include," "includes," "including," and "such as" are deemed to be followed by the words "without limitation" or "but not limited to." The abbreviation "e.g." is deemed to mean "for example, including but not limited to."

Contact

For legal inquiries, contact legal@metrable.com.