These Terms of Use ("Terms") govern your access to and use of the Cordika application and related services (the "Service"), operated by Pegasus Industries LLC ("Pegasus," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.
1. Eligibility and Authorization
The Service is made available to authorized personnel of school districts, educational agencies, and similar institutions ("Institutions"). You may access and use the Service only if you have been authorized by an Institution and only for that Institution's internal educational and administrative purposes.
2. Organizational Accounts
If you access the Service on behalf of an Institution, your use is also subject to the agreement between that Institution and Pegasus (the "Institution Agreement"). You represent that you are authorized to use the Service on the Institution's behalf. In the event of a conflict between these Terms and the Institution Agreement, the Institution Agreement governs. The Institution Agreement, not these Terms, governs the commercial terms of the Service and the handling of student records.
3. Accounts and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to keep your credentials secure, not to share your account with or permit its use by any other person, to complete any additional authentication required, and to notify us or your Institution promptly of any unauthorized use of your account or other breach of security.
4. Acceptable Use
You agree to use the Service only for lawful, authorized purposes and in accordance with these Terms. You agree not to:
- access, or attempt to access, any account, data, or portion of the Service that you are not authorized to access;
- circumvent, disable, or interfere with any security, authentication, or access-control feature of the Service, or probe, scan, or test the vulnerability of the Service without our prior written authorization;
- copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Service, or attempt to derive its source code, except to the extent permitted by law;
- access or extract data from the Service by automated means or in bulk, except through functionality we provide for that purpose;
- upload or transmit any unlawful, infringing, harmful, or malicious material, or otherwise interfere with or disrupt the integrity or performance of the Service; or
- use the Service in violation of any applicable law or regulation or the Institution Agreement.
5. Confidentiality of Records
The Service provides access to confidential information, including student records protected by law. You agree to access and use such information only as authorized and as necessary to perform your duties, to maintain its confidentiality, and to handle it in accordance with applicable law and your Institution's policies. This obligation survives termination of your access to the Service.
6. Intellectual Property
The Service, including all software, content, and materials comprising it, is owned by Pegasus and its licensors and is protected by intellectual property and other laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Service for the authorized purposes described above. All rights not expressly granted are reserved. Data entered into the Service by an Institution or its users belongs to the Institution as provided in the Institution Agreement.
7. Monitoring
We may monitor use of the Service to operate and secure it and to maintain records for security, audit, and compliance purposes. Information collected through the Service is handled in accordance with our Privacy Policy and the applicable Institution Agreement.
8. Availability and Modifications
We may modify, suspend, or discontinue all or any part of the Service at any time. Service levels and availability commitments, if any, are set forth in the applicable Institution Agreement.
9. Disclaimer of Warranties
Except as expressly provided in an applicable Institution Agreement, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.
10. Limitation of Liability
To the maximum extent permitted by law, and except as otherwise provided in an applicable Institution Agreement, in no event will Pegasus be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Service, regardless of the theory of liability and even if advised of the possibility of such damages.
11. Termination
We or your Institution may suspend or terminate your access to the Service at any time, including for any violation of these Terms or upon termination of the Institution Agreement. Upon termination, your right to access and use the Service ceases. Sections 4 through 6 and 9 through 13 survive termination.
12. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.
13. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date above and may require you to acknowledge the updated Terms to continue using the Service. Your continued use of the Service after an update constitutes acceptance of the updated Terms.
14. Contact Us
Pegasus Industries LLC
support@cordika.com