Terms of Service

1. Acceptance of Terms

By accessing or using Evident, a product of 5minMindful LLC ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

If you are using Evident on behalf of a school, district, or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

Evident is a web-based daily progress tracking platform designed for K-12 educators. The Service allows teachers to create progress charts, track daily progress, communicate with parents, and generate reports for student support meetings.

Evident offers two modes of use:

• Guest Mode: Create and print progress charts without an account. All data remains in your browser.
• Registered Accounts: Save charts, track progress over time, manage students, and access advanced features based on your subscription tier.

3. User Accounts

Account Creation

To use the full features of Evident, you must create an account using a valid email address. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Responsibilities

You agree to:

• Provide accurate and complete information when creating your account
• Keep your login credentials secure and not share them with others
• Notify us immediately if you suspect unauthorized access to your account
• Use the Service only for its intended purpose of educational progress tracking
• Comply with all applicable laws, including FERPA when handling student data

Prohibited Uses

You may not:

• Use the Service for any unlawful purpose
• Store sensitive medical, disciplinary, or personally identifiable student information beyond display names
• Attempt to access another user's data or circumvent security controls
• Use the Service to harass, abuse, or harm students, parents, or other users
• Reverse-engineer, decompile, or attempt to extract the source code of the Service

4. Subscription and Billing

Plans

Evident offers multiple subscription tiers: Free, Pro, and School. Features and limits vary by plan. Current pricing and plan details are available on our Pricing page.

Free Trial

New users receive a 14-day free trial of Pro features. No credit card is required for the trial. At the end of the trial, your account reverts to the Free tier unless you subscribe.

Payment

Paid subscriptions are billed through Stripe, our third-party payment processor. By subscribing, you agree to pay the applicable fees and authorize Stripe to charge your payment method on a recurring basis (monthly or yearly, depending on your selection).

Cancellation

You may cancel your subscription at any time from your Settings page or through the Stripe Customer Portal. When you cancel:

• You retain access to paid features until the end of your current billing period
• Your account reverts to the Free tier after the billing period ends
• Your data is preserved and accessible under Free tier limits
• No refunds are issued for partial billing periods

Price Changes

We may change our subscription prices from time to time. Any price changes will be communicated in advance and will take effect at the start of your next billing cycle.

5. Data Ownership

You own your data. Evident does not claim ownership over any content you create, upload, or store using the Service. This includes student records, progress charts, daily logs, and any other data you enter.

You retain the right to:

• Export your data at any time in CSV or PDF format
• Delete individual student records or your entire account
• Transfer your data to another service

By using the Service, you grant Evident a limited license to store, process, and display your data solely for the purpose of providing the Service to you. This license terminates when you delete your data or account.

6. FERPA Compliance

Evident is designed with FERPA (Family Educational Rights and Privacy Act) compliance in mind. We serve as a "school official" with a legitimate educational interest when educators use our Service to track student progress.

We support FERPA compliance through:

• Minimal data collection (display names only, not full student records)
• AES-256 encryption at rest and TLS 1.3 encryption in transit
• Row-level security ensuring strict data isolation between users
• Audit logging of all data access and modifications
• Data export and deletion capabilities

Schools or districts that require a Data Processing Agreement (DPA) may contact us at privacy@evidentk12.com.

7. Parent Portal

Evident provides a parent-facing portal that allows parents or guardians to view their child's progress chart and sign daily reports. Access to the parent portal is controlled by secure tokens generated by the teacher.

Parents do not need to create an account. Teachers are responsible for distributing access tokens (via QR codes or direct links) only to authorized parents or guardians.

8. Intellectual Property

The Evident platform, including its design, code, branding, and documentation, is the intellectual property of Evident. You may not copy, modify, distribute, or create derivative works of the Service without our written permission.

Chart templates provided by Evident are licensed for your educational use. You may print and distribute charts created with the Service to students and parents.

9. Service Availability

We strive to maintain high availability of the Service. However, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time. We will provide reasonable notice of any significant changes.

10. Limitation of Liability

To the maximum extent permitted by law, Evident and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, revenue, or profits, arising from your use of or inability to use the Service.

Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid to Evident in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold Evident harmless from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law.

12. Termination

We may suspend or terminate your access to the Service if you violate these Terms or engage in conduct that we determine, in our sole discretion, is harmful to other users or the Service.

Upon termination, your right to use the Service ceases immediately. You may export your data before termination. We will delete your data within 30 days after account deletion (or 60 days if your account is subject to a Data Processing Agreement), after which it is permanently removed.

13. Changes to These Terms

We may update these Terms from time to time. We will notify users of material changes by posting the updated Terms on this page and updating the "Last updated" date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising from these Terms or the Service shall first be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in Wilmington, Delaware, before a single arbitrator. The arbitrator's decision shall be final and binding.

Class action waiver: You agree that any dispute resolution will be conducted on an individual basis, not as a class, consolidated, or representative action.

Small claims exception: Either party may bring an individual action in small claims court in New Castle County, Delaware, if the claim qualifies.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EVIDENT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Evident does not warrant that the Service will meet your specific requirements or that any errors in the Service will be corrected.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and 5minMindful LLC (operating as Evident) regarding the Service. These Terms supersede all prior agreements, understandings, and communications, whether written or oral, relating to the Service.

18. Contact Us

If you have any questions about these Terms of Service, please contact us or email us at help@evidentk12.com.