SwiftScore Terms of Service

Last Updated: 10/18/2024

1. Introduction and Acceptance

Welcome to SwiftScore, the world's first assignment management system. These Terms of Use (these "Terms") govern your access to and use of SwiftScore's website (the "Website"), web application, and services (collectively, the "Services"). SwiftScore is committed to providing well-defined terms of services and privacy policies to ensure that users are aware of what information they're providing and what information SwiftScore is storing.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are accessing or using the Services on behalf of a school, district, or other organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Definitions

  • "SwiftScore," "we," "us," or "our" refers to SwiftScore LLC, located in Bedford, New York.
  • "You" or "user" refers to any individual or entity accessing or using the Services.
  • "Student" refers to any person registered in a class using SwiftScore.
  • "Teacher" refers to any educator or instructor using SwiftScore to manage assignments and student data.
  • "Parent" or "Guardian" refers to the legal parent or guardian of a Student user.
  • "Content" refers to all text, data, information, software, graphics, and other materials that are available on or through the Services.
  • "User Content" refers to any content, including but not limited to assignments, grades, and student work, submitted, posted, or displayed by users on or through the Services.
  • "AI Providers" refers to third-party artificial intelligence services used by SwiftScore, which may include but are not limited to OpenAI, Groq, DeepInfra, OctoAI, and Fireworks.ai.
  • "Education Laws" refers to laws and regulations governing student data privacy and educational technology, including but not limited to the Family Educational Rights and Privacy Act (FERPA), the Children's Online Privacy Protection Act (COPPA), the Children's Internet Protection Act (CIPA), and the Protection of Pupil Rights Amendment (PPRA).

3. User Eligibility and Account Creation

To use the Services, you must be (a) at least 13 years old, (b) a Student with permission from a parent or legal guardian, or (c) a Teacher or administrator authorized by your educational institution to use the Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. SwiftScore offers the option to use Google OAuth for sign-in. By using this feature, you authorize SwiftScore to access specific data from your Google account as outlined in our privacy policy.

4. Geographic Restrictions

The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

5. Services Description

SwiftScore is an assignment management system that allows Teachers to create, administer, grade, personalize, and analyze assignments. The Services are designed to reduce administrative work for Teachers, enabling them to spend more time with Students and providing detailed performance analysis to benefit Student success. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice or liability. SwiftScore utilizes AI technologies to enhance its Services. This may include using AI for grading assistance, personalization of assignments, and data analysis. The specific AI model used may vary and SwiftScore is not obligated to disclose which model is being used on user data.

6. Data Collection and Usage

SwiftScore collects information explicitly provided by users, including but not limited to assignment information, assessment data (e.g., grades), and interaction patterns of Students using our website. We use third-party AI Providers to accelerate assignment management and enhance our Services. Information provided through our website may be processed by these AI Providers. Links to their respective privacy policies and terms of service are available on our website. SwiftScore implements a minimum access policy towards data, sharing only the smallest amount of data necessary to perform our duties and provide our Services. Students can only view their own information. Teachers can only view their own information and the information of their Students. We conduct performance data analysis to help Teachers understand their Students and their performance in a more granular and specific way. This analysis is crucial for benefiting Student Success. SwiftScore does not share data with third-party organizations that are not directly tied to SwiftScore's mission or functionality. We do not sell your data to third parties. Users are required to provide truthful and accurate information when using the Services, including demographic information. SwiftScore may retain and use de-identified or aggregated data for product improvement and research purposes, in compliance with applicable Education Laws.

7. Privacy and Data Protection

SwiftScore is committed to protecting user privacy and complying with all applicable Education Laws. Our detailed Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information from our users. This policy is regularly updated to reflect our current practices and compliance with Education Laws. For Students under the age of 13, we require verifiable parental consent before collecting personal information, as required by COPPA. We provide Parents, Guardians, and authorized school personnel with the ability to review, correct, and delete the personal information of Students under 18, in compliance with FERPA and other applicable laws.

Users have the right to opt-out of model training and data analysis. You may exercise this right by contacting us at contact@swiftscore.org. Upon request, we will delete user information once it is no longer needed for educational purposes, such as after the end of a school year or when a student graduates. SwiftScore implements industry-standard security measures to protect user data, including encryption of data in transit and at rest.

We conduct regular security audits and vulnerability assessments to ensure the ongoing protection of user data.

8. Third-Party AI Providers

SwiftScore uses AI Providers to enhance its Services. These may include, but are not limited to, OpenAI, Groq, DeepInfra, OctoAI, and Fireworks.ai. The use of these AI Providers is governed by their respective terms of service and privacy policies. Links to these policies are available on our website. SwiftScore does not control the data practices of these AI Providers but has selected providers that demonstrate a commitment to data privacy and security. SwiftScore does not disclose which specific AI model is being used to process user data at any given time.

By using our Services, you acknowledge and consent to the processing of your data by these AI Providers in accordance with their policies and these Terms.

9. User Responsibilities and Prohibited Activities

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree to provide truthful and accurate information when using the Services. You are prohibited from:

  • Violating any applicable laws or regulations
  • Impersonating any person or entity
  • Interfering with or disrupting the Services or servers
  • Attempting to gain unauthorized access to any part of the Services
  • Using the Services for any commercial purposes without our express consent
  • Uploading or transmitting viruses or any other malicious code
  • Collecting or harvesting any information from the Services without our permission

Teachers and administrators agree to obtain any necessary consents from Parents or Guardians before using the Services with Students under 18.

10. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SwiftScore, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text without the prior written consent of SwiftScore.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: contact@swiftscore.org.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by SwiftScore. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

You retain all rights to any User Content you submit, post, or display on or through the Services. By submitting, posting, or displaying User Content, you grant SwiftScore a non-exclusive, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Services.

11. Content Standards

These content standards apply to any and all User Content and use of the Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

12. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate SwiftScore, a SwiftScore employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm SwiftScore or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

13. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SWIFTSCORE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

14. Disclaimers and Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SWIFTSCORE NOR ANY PERSON ASSOCIATED WITH SWIFTSCORE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SWIFTSCORE NOR ANYONE ASSOCIATED WITH SWIFTSCORE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, SWIFTSCORE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Termination and Account Suspension

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Changes to Terms and Services

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Dispute Resolution will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Bedford, New York, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

18. Indemnification

You agree to defend, indemnify, and hold harmless SwiftScore, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

19. Contact Information

If you have any questions about these Terms or our data practices, please contact us at:

SwiftScore LLC 12 Dogwood Rd Bedford, NY 10506 Email: contact@swiftscore.org

By using SwiftScore's Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.