Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Education Management Studio (d/b/a “EMStudio Pro,” “we,” “us,” or “our”) governing your use of the EMStudio Pro platform.

By creating an account or using the platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the platform.

2. Description of Service

EMStudio Pro is an education management platform that enables teachers, private tutors, and educators to manage their classes, students, lesson plans, grades, assignments, attendance, and report cards. The platform provides tools for organizing educational activities, tracking student progress, and generating reports.

3. Account Registration and Security

To use EMStudio Pro, you must create an account by providing a valid email address and creating a password. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential and not share it with any third party
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms.

4. Acceptable Use Policy

4.1 Permitted Uses

EMStudio Pro is intended exclusively for legitimate educational purposes. You may use the platform to:

• Manage classes, students, and educational schedules
• Create and organize lesson plans and instructional materials
• Record and track grades, assignments, and assessments
• Track student attendance
• Generate report cards and progress reports
• Upload educational materials and documents

4.2 Prohibited Conduct

You agree not to:

• Use the platform for any purpose other than legitimate educational management
• Enter false, misleading, or fraudulent information into the platform
• Attempt to access another user's account or data without authorization
• Reverse engineer, decompile, or disassemble any part of the platform
• Upload malicious files, viruses, or harmful content
• Use automated scripts, bots, or scrapers to access the platform
• Interfere with or disrupt the integrity or performance of the platform
• Violate any applicable local, state, national, or international law or regulation
• Use student data for marketing, advertising, or any non-educational purpose

5. User Content and Data Ownership

You own your data. All content you create or upload to EMStudio Pro — including lesson plans, student records, grades, uploaded files, and any other materials — remains your intellectual property. We do not claim ownership of your content.

By using the platform, you grant us a limited, non-exclusive license to store, process, and display your content solely for the purpose of providing the service to you. This license terminates when you delete your content or your account.

You are solely responsible for the accuracy, legality, and appropriateness of all content you enter into the platform.

6. Student Data Responsibilities

As an educator using EMStudio Pro, you acknowledge and agree that:

• You are responsible for determining whether you have proper authorization to enter student data into the platform
• Student education records may be protected under FERPA and other applicable privacy laws
• You will only enter student data that is necessary for legitimate educational purposes
• You will comply with all applicable laws governing student privacy, including FERPA and COPPA
• If you work for an educational institution, you are responsible for ensuring your use of EMStudio Pro complies with your institution's policies regarding third-party educational tools

For more information about how we support FERPA compliance, please see our FERPA Compliance page.

7. Intellectual Property

The EMStudio Pro platform, including its design, code, features, logos, trademarks, and documentation, is the exclusive property of Education Management Studio and is protected by copyright, trademark, and other intellectual property laws.

Nothing in these Terms grants you any right to use our brand name, logos, or trademarks without our prior written consent.

8. Third-Party Services

EMStudio Pro relies on third-party services to deliver the platform, including:

• Supabase: Database hosting, authentication, and real-time infrastructure
• Cloudflare: File storage (R2) and content delivery

These services have their own terms of service and privacy policies. While we select our providers carefully and maintain data processing agreements with them, we are not responsible for their independent actions. Any service disruptions caused by third-party providers are outside our direct control.

9. Service Availability and Modifications

We strive to maintain high availability of the EMStudio Pro platform but 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, update, or discontinue features of the platform at any time. For significant changes that affect core functionality, we will provide reasonable advance notice. Continued use of the platform after modifications constitutes acceptance of those changes.

10. Fees and Payment

EMStudio Pro may offer both free and paid subscription tiers. Pricing, features included in each tier, and payment terms are described on our pricing page and may be updated from time to time.

If you subscribe to a paid plan:

• Fees are billed in advance on a recurring basis (monthly or annually) as selected at the time of purchase
• All fees are non-refundable except as required by applicable law or as explicitly stated in our refund policy
• We may change pricing with at least 30 days' advance notice; changes take effect at the start of your next billing cycle
• Failure to make timely payment may result in suspension or downgrade of your account

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting us at info@emstudio.pro. Upon termination, your data will be deleted in accordance with our Privacy Policy.

11.2 Termination by Us

We may suspend or terminate your account immediately if you violate these Terms, engage in prohibited conduct, or if we are required to do so by law. We may also terminate accounts that have been inactive for an extended period with prior notice.

11.3 Effect of Termination

Upon termination, your right to use the platform ceases immediately. We will retain your data for a reasonable period (as described in our Privacy Policy) to allow you to request a data export. After this period, all data will be permanently deleted.

12. Disclaimers and Limitation of Liability

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMSTUDIO PRO 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 PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless Education Management Studio, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your entry of student data without proper authorization.

14. Governing Law and Dispute Resolution

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

Any dispute arising out of or related to these Terms or the platform shall first be attempted to be resolved through good faith negotiation. If the dispute cannot be resolved within 30 days, either party may submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the decision of the arbitrator shall be final and binding.

15. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and FERPA Compliance statement, constitute the entire agreement between you and EMStudio Pro.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, internet outages, or third-party service failures.

16. Contact Information

If you have questions about these Terms of Service, please contact us:

Education Management Studio
d/b/a EMStudio Pro
Email: info@emstudio.pro