Agreement to these Terms
ZenXSchool is a school software product operated by SoftAge Systems, Inc. d/b/a ZenXSchool. These Terms of Service (“Terms”) are a legally binding agreement between you and SoftAge Systems, Inc. d/b/a ZenXSchool (“SoftAge,” “Company,” “we,” “us,” or “our”). They govern access to and use of the ZenXSchool websites, applications, hosted forms, documentation, and related services (the “Service”).
If you register for ZenXSchool, you must accept these Terms and the Privacy Policy before we create your signup, or by executing an Order. After you have an account, continued use of the Service is additional acceptance of the then-current Terms, except where applicable law requires a different method.
If you use the Service on behalf of a school or education group, you represent that you have authority to bind that organization, and “you” includes that organization. If you do not agree, do not use the Service.
These pages describe how SoftAge Systems, Inc. d/b/a ZenXSchool offers the service. They are not a substitute for legal advice about your school.
Contracting party and notices
The contracting party is SoftAge Systems, Inc. d/b/a ZenXSchool. ZenXSchool is a service operated by SoftAge Systems, Inc., doing business as ZenXSchool; it is not a separate corporation.
Notices to SoftAge Systems, Inc. d/b/a ZenXSchool under these Terms: SoftAge Systems, Inc. d/b/a ZenXSchool, 300 S. Duval Street, Ste. 410, Tallahassee, FL 32301, United States. Email: info@softage.com.
We may send operational and legal notices to administrator and billing emails associated with your school. Email notices are deemed given when sent, unless the sender receives a delivery-failure message.
Definitions
These words have specific meanings throughout the Terms.
- ZenXSchool — the ZenXSchool service, a school software platform operated by SoftAge Systems, Inc. d/b/a ZenXSchool.
- Company / SoftAge / we / us / our — SoftAge Systems, Inc. d/b/a ZenXSchool, the contracting party under these Terms.
- Organization (or Customer, or school) — the school, campus, or education group that owns a workspace and is responsible for its users and data.
- Administrator — a user your Organization authorizes to manage the workspace, including billing, users, roles, and security settings.
- User — anyone invited or permitted to access a workspace, including staff, teachers, and other operators.
- Customer Data — information, files, records, and content submitted to or generated in a workspace, including academic, teacher, calendar, finance, purchasing, form, and similar operational records.
- Order — a written quote, order form, or signed agreement that states fees, term, rollout, and any special terms.
- Website — the public ZenXSchool marketing site, including zenxschool.com and related pages.
The Service
ZenXSchool is a multi-tenant school platform. It is designed so a school or education group can run academics, teachers, calendars, billing, purchasing, payments, and administration in one branded workspace. Product capabilities are described on our Features and Pricing pages and may vary by configuration and rollout.
We may update, improve, or replace features so long as we do not materially reduce the core commercial functionality of your then-current paid Order during a prepaid term, except as required for security, law, or third-party dependencies.
The Service is offered for school and education-group use. It is not a consumer social network, not a parent or student portal on this website, and not legal, accounting, or educational advice.
Eligibility and accounts
You must be able to form a binding contract and must not be barred from using the Service under applicable law, including export and sanctions rules. The Service is intended for organizations and adult users.
You must provide accurate registration information and keep it current. You are responsible for credentials issued to your Users, for configuring authentication (including multi-factor authentication where available), and for all activity under your Organization’s accounts.
Notify us promptly if you believe an account or workspace has been compromised.
Organizations and administrators
Each workspace belongs to an Organization. Administrators control invitations, roles, permissions, branding, security settings, integrations, public forms, and billing contacts.
We do not arbitrate internal disputes about ownership of a workspace. If a dispute arises, we may freeze access, require documented authority, or follow a court order.
You are responsible for promptly removing access when people leave, for least-privilege permissions, and for any Customer Data your Users export or share.
Customer Data and your responsibilities
As between you and SoftAge, your Organization owns Customer Data. You grant us a limited license to host, copy, process, transmit, and display Customer Data solely to provide, secure, maintain, and improve the Service, to prevent abuse, and to comply with law. Our handling of personal information is described in the Privacy Policy.
You represent that you have all rights and notices required to submit Customer Data to the Service, including personal data of staff, students, families, vendors, and form respondents. You are the controller (or equivalent) of that data. SoftAge processes it on your instructions as a provider of the Service.
You are responsible for
- The accuracy and lawfulness of Customer Data
- Your privacy notices to staff, families, vendors, and form respondents
- Retention, export, and deletion choices available in the product
- Access you grant to Users and to external recipients
Education records
If you store education records or information about minors in the Service, you remain the educational agency or institution responsible for those records. SoftAge processes them only to provide the Service you configured.
These Terms are not a FERPA, COPPA, or other education-privacy certification. You must obtain any written coverage your counsel requires before using the Service for regulated student records. A data processing addendum can be included in an Order when you need processor terms in writing.
Acceptable use
You may use the Service only for lawful school or education-group purposes and in accordance with these Terms, documentation, and applicable law.
You must not
- Probe, scan, or reverse engineer the Service except as allowed by law that cannot be waived
- Interfere with other customers, shared infrastructure, or security controls
- Circumvent usage limits, billing, authentication, or tenant isolation
- Upload malware, or use the Service to send spam or unlawful communications
- Infringe intellectual property or privacy rights
- Misrepresent your identity, Organization, or affiliation
- Use the Service to build a competing product by systematically copying non-public features or data
- Resell the Service except under a written partner agreement
Public forms
Where the Service allows hosted public URLs or embeds, you control the form content, publication status, and who is notified of submissions. You must not use public forms to collect information you are not allowed to collect. Respondents interact with your Organization; we process submissions to deliver the Service to you.
Fees and orders
ZenXSchool is priced by scoped quote, not a public menu of seats. Fees, term, rollout, and support are stated in your Order. See Pricing for how a quote is written.
You are responsible for applicable taxes. If a payment fails, we may retry, suspend the Service, and recover reasonable collection costs.
If an Order provides for a subscription term, renewal, cancellation, or refund, the Order controls. Except where required by law or stated in an Order, prepaid fees are non-refundable.
Third-party services
The Service may connect to identity providers, email delivery, object storage, payment processors, CAPTCHA, and other vendors you or we enable. Those services are governed by their own terms. We are not responsible for a third party’s acts, outages, or change in API, except as we cannot exclude under law.
Intellectual property and branding
SoftAge and its licensors own the Service, including software, designs, documentation, the ZenXSchool name and logos, and related intellectual property. These Terms do not sell the Service. We grant you a limited, non-exclusive, non-transferable right to use the Service during the term of your Order for your Organization’s internal operations.
White-label settings let a school present its own name, mark, and colors in its workspace. That does not transfer ownership of the Service. You retain ownership of your trademarks and grant us permission to display them in the workspace you configure.
You grant us permission to use your school name to identify you as a customer, unless you send a reasonable written opt-out to the legal contact below.
Feedback you provide may be used without restriction or compensation.
Confidentiality
Each party may receive non-public information of the other, including Customer Data, pricing, product plans, and security details. The receiving party will use that information only to perform under these Terms and will protect it with at least reasonable care.
Confidentiality does not apply to information that is public through no fault of the receiver, already known, independently developed, or rightfully received from a third party. A party may disclose confidential information if required by law, after giving notice where legally permitted.
Security
We implement administrative, technical, and organizational measures designed to protect the Service and Customer Data, as described on Security. That page is not a SOC 2, ISO, FERPA, or other certification unless we separately confirm a current attestation in writing.
No method of transmission or storage is completely secure. You are responsible for configuring available controls (roles, authentication, reviews of access) and for devices and networks your Users use. Security is a shared responsibility.
Warranties and disclaimers
We warrant that we will provide the Service in a professional manner consistent with these Terms. Your exclusive remedy for a material, uncured breach of this warranty is, at our choice, re-performance or a credit for the affected unused prepaid fees.
EXCEPT AS EXPRESSLY STATED, THE SERVICE AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT CUSTOMER DATA WILL NEVER BE LOST.
Some jurisdictions do not allow certain disclaimers. In those places, the disclaimer applies to the maximum extent permitted.
Indemnification
You will defend and indemnify SoftAge and its personnel against claims, damages, and reasonable costs arising from Customer Data, your use of the Service in violation of these Terms or law, your public forms, or a dispute among Users of your Organization.
We will defend and indemnify you against a third-party claim that the unmodified Service infringes that party’s intellectual property, except to the extent the claim arises from Customer Data, your combination with other software, or use after we notify you to stop. If such a claim arises, we may obtain rights, modify the Service, or terminate the affected portion and refund unused prepaid fees for that portion.
The indemnified party must give prompt notice, reasonable cooperation, and sole control of the defense (except settlements that impose obligations other than payment of money we fund).
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
EXCEPT FOR YOUR PAYMENT OBLIGATIONS, YOUR INDEMNITY, YOUR VIOLATION OF ACCEPTABLE USE OR OUR INTELLECTUAL PROPERTY, OR A PARTY’S FRAUD OR WILLFUL MISCONDUCT, EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS IS LIMITED TO THE FEES YOU PAID FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM.
These limits allocate commercial risk and are a foundation of the fees in an Order. They apply to contract, tort, and any other theory.
Term, suspension, and termination
These Terms start when you first accept them (including at signup or by Order) and continue until all Orders end and you stop using the Service.
Either party may terminate for material breach if the breach remains uncured 30 days after written notice (or immediately for non-payment after a reasonable notice, or for a security or legal emergency).
We may suspend access immediately if needed to protect the Service, other customers, or if required by law, or if fees are overdue. We will restore access promptly after the issue is resolved where restoration is reasonably possible.
After termination, your license ends. We may delete Customer Data from active systems after a commercially reasonable waiting period, subject to backups and legal holds. You should export records you need before the term ends, using available product tools.
Export and government use
You must comply with United States and other applicable export, re-export, and sanctions laws. You represent that you are not a prohibited party and will not use the Service in a prohibited jurisdiction or for a prohibited end use.
If you are a U.S. government user, the Service is commercial computer software and commercial computer software documentation, licensed only with the rights in these Terms.
Changes to these Terms
We may update these Terms. The effective date at the top of this page will change when we do. For material changes that affect a paid Order, we will provide notice through the Service, by email to an administrator, or by posting on this page. Continued use after the effective date constitutes acceptance, except where applicable law requires a different process.
If you do not agree to a material change, you must stop using the Service and may terminate the affected Order before the change takes effect; unused prepaid fees are handled as stated in that Order.
Miscellaneous
These Terms, the Privacy Policy, the Security page descriptions of then-current controls, and any Order are the entire agreement for the Service and supersede prior discussions on the same subject. If an Order conflicts with these Terms, the Order controls for that purchase only.
Neither party is liable for delay caused by events beyond reasonable control. You may not assign these Terms without our consent, except to a successor in connection with a merger or sale of substantially all assets; we may assign to an affiliate or successor. If a provision is unenforceable, the rest remains in effect. Waiver of a breach is not a waiver of later breaches.
These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law rules, unless a signed Order says otherwise. Exclusive venue is the state or federal courts located in Leon County, Florida, except that either party may seek injunctive relief in any court of competent jurisdiction.
Headings are for convenience only. “Including” means “including without limitation.”
Contact
Questions about these Terms: info@softage.com.
Notices: SoftAge Systems, Inc. d/b/a ZenXSchool, 300 S. Duval Street, Ste. 410, Tallahassee, FL 32301, United States. Email: info@softage.com.