Effective Date: 1st January 2024 Last Updated: 1st June 2026
Company: [ClassHero legal entity name], doing business as “ClassHero”
Website Terms Location: https://classhero.com/termsofservice
Applies To: District administrators, school administrators, teachers, instructional coaches, curriculum leaders, implementation staff, and other authorized users of ClassHero services.

1. Introduction and Purpose

These Terms of Service and Educator User Agreement, together with any applicable order form, statement of work, data privacy agreement, student data processing addendum, curriculum processing addendum, privacy policy, or written agreement between ClassHero and a school district or educational agency, govern access to and use of the ClassHero platform, services, tools, lesson-planning outputs, implementation resources, professional learning materials, curriculum-alignment tools, integrations, reports, and related services.

ClassHero provides a district-directed instructional planning and curriculum implementation system. ClassHero helps districts, schools, administrators, and teachers organize, streamline, align, sequence, and operationalize curriculum and instructional resources that the district has already adopted, purchased, licensed, created, approved, or otherwise authorized for instructional use.

ClassHero does not independently adopt curriculum for a district, select instructional programs on behalf of a district, replace a district’s adopted curriculum, or override district instructional policy. ClassHero works at the direction of the district and its authorized administrators to support the district’s own implementation of adopted curriculum, instructional guidelines, pacing expectations, standards, accommodations, differentiation practices, and related educational priorities.

By accessing or using ClassHero, you agree to these Terms. If you are an administrator accepting these Terms on behalf of a school, district, charter network, regional education service agency, or other educational organization, you represent that you have authority to do so. If you are a teacher, instructional coach, or other individual user, you agree to follow these Terms, your district’s policies, and the permissions established by your district or school administrators.

2. Key Principle: District Direction and Curriculum Ownership

ClassHero’s role is to help districts better use the curriculum and instructional resources they have already purchased, adopted, licensed, created, approved, or otherwise authorized.

ClassHero may assist with curriculum mapping, lesson-plan generation, instructional sequencing, standards alignment, pacing support, differentiation, accommodations planning, teacher-facing guidance, student-facing activities, implementation workflows, progress monitoring, and related instructional planning. However, all such work is performed based on district direction, district-provided materials, district-approved curriculum, district instructional priorities, and configuration choices made by district or school administrators.

The District remains responsible for:

1. Selecting and adopting curriculum.
2. Determining which curriculum and instructional materials are authorized for use.
3. Maintaining any necessary publisher licenses, subscriptions, permissions, or other rights.
4. Establishing instructional expectations, pacing guidance, standards priorities, and implementation requirements.
5. Reviewing and approving ClassHero Outputs before they are used as part of the District’s instructional program.
6. Ensuring that ClassHero is used consistently with District policy, applicable law, and the rights of students, parents, educators, and third-party content owners.

ClassHero is an implementation support platform. It is not a replacement for district academic judgment, teacher professional judgment, curriculum publisher materials, individualized student supports, IEP or 504 team decisions, emergent bilingual program decisions, or legally required instructional determinations.

3. Definitions

For purposes of these Terms:

“Administrator” means a district, school, regional agency, or network employee or contractor who has been authorized to configure, approve, supervise, manage, or monitor use of ClassHero.

“Adopted Curriculum” means curriculum, instructional programs, textbooks, digital curriculum platforms, teacher guides, student materials, lessons, instructional resources, scope-and-sequence documents, assessments, pacing guides, and related materials that a District has purchased, licensed, adopted, created, approved, or otherwise authorized for educational use.

“ClassHero Materials” means the ClassHero platform, software, workflows, interfaces, tools, templates, implementation models, documentation, professional learning materials, proprietary methods, algorithms, prompts, taxonomies, metadata structures, platform-generated structures, and other materials owned or licensed by ClassHero, excluding District Content and Student Data.

“District” means the school district, charter school, school network, regional education agency, or other educational organization that has authorized use of ClassHero.

“District Content” means content, data, curriculum files, pacing guides, instructional guidelines, standards maps, resource lists, district-created materials, configuration settings, rubrics, lesson preferences, and other information provided to ClassHero by or on behalf of a District, excluding Student Data.

“Output” means lesson plans, implementation plans, instructional sequences, teacher guidance, student-facing activities, summaries, curriculum alignments, differentiation suggestions, accommodations suggestions, pacing recommendations, reports, or other materials generated, configured, organized, or made available through ClassHero.

“Publisher Materials” means curriculum, lesson content, teacher guides, student materials, assessments, resource files, images, text, audio, video, digital materials, and related content owned or licensed by a third-party curriculum publisher or content provider.

“Services” means the ClassHero platform and all related software, services, tools, integrations, professional learning, implementation support, and Outputs.

“Student Data” means personally identifiable information from student education records, student roster information, student work, student performance data, usage data associated with identifiable students, or other student information provided to or generated through ClassHero on behalf of a District.

“Student PII” means personally identifiable information about a student, including information that alone or in combination could reasonably identify a student.

“User” means any administrator, teacher, instructional coach, staff member, contractor, or other individual authorized to access ClassHero.

4. Acceptance of Terms

Users may be required to accept these Terms during account creation, login, onboarding, training, rostering, implementation, annual renewal, or first use of the Services.

By accepting these Terms, each User agrees that:

1. The User will use ClassHero only for authorized educational purposes.
2. The User will follow all District policies and instructions.
3. The User will not upload, share, copy, distribute, or use content unless the User has authority to do so.
4. The User will protect Student Data and confidential information.
5. The User will review ClassHero Outputs before using them for instruction.
6. The User will not treat ClassHero Outputs as final instructional, legal, compliance, special education, student-placement, or student-classification decisions.

ClassHero may present Users with a short-form clickwrap acceptance screen summarizing key obligations before account access, first use, annual renewal, or following material updates to these Terms. The clickwrap screen will direct Users to the full ClassHero Terms of Service available at https://classhero.com/termsofservice. The clickwrap screen is a summary only and does not replace these Terms, the ClassHero Privacy Policy, any applicable student data privacy agreement, or any written agreement between ClassHero and the District.

Administrators accepting these Terms on behalf of a District also agree to the additional Administrator responsibilities set forth below.

5. Administrator Responsibilities

Administrators are responsible for configuring, supervising, and authorizing the District’s use of ClassHero. Administrators agree that they will:

1. Identify the Adopted Curriculum, district resources, grade levels, subjects, schools, campuses, cohorts, teachers, and students that are in scope for implementation.
2. Provide accurate information about the District’s curriculum, instructional expectations, pacing guidance, standards, accommodations policies, emergent bilingual or multilingual learner supports, intervention practices, and implementation priorities.
3. Confirm that the District has the necessary rights, licenses, permissions, or lawful authority to provide District Content and Publisher Materials to ClassHero for the purpose of providing the Services.
4. Designate which Users may access the Services and what level of access each User should have.
5. Ensure that ClassHero is used only by authorized Users and only for legitimate educational purposes.
6. Provide any notices, obtain any consents, and maintain any policies required by applicable law or District policy.
7. Review and approve, as appropriate, ClassHero configurations, implementation settings, and district-specific Outputs before broad use.
8. Promptly notify ClassHero of any unauthorized access, incorrect rostering, change in User status, suspected data incident, or misuse of the Services.
9. Remove or deactivate User access when a User no longer needs access.
10. Ensure that the District’s use of ClassHero does not exceed the District’s license, order form, statement of work, or authorized implementation scope.

    6.Teacher and Educator Responsibilities

Teachers, instructional coaches, and other educator Users are responsible for professional use of ClassHero. Each educator User agrees that they will:

1. Use ClassHero only for assigned classes, students, courses, grade levels, campuses, or instructional responsibilities.
2. Review all lesson plans, instructional activities, accommodations, differentiation suggestions, and student-facing materials before classroom use.
3. Use professional judgment to determine whether an Output is appropriate for a specific instructional context.
4. Follow District policy regarding curriculum implementation, pacing, student privacy, student records, special education, multilingual learner supports, assessments, and family communications.
5. Not upload materials, student information, or third-party content unless authorized by the District.
6. Not use ClassHero to make final determinations about student placement, grading, discipline, disability status, IEP eligibility, 504 eligibility, language classification, retention, promotion, or other high-stakes decisions.
7. Not share login credentials or allow unauthorized individuals to access ClassHero.
8. Promptly report suspected errors, inappropriate Outputs, data issues, unauthorized access, or misuse.

   7. Authorized Educational Purpose

ClassHero may be used only for authorized educational purposes. Authorized educational purposes include:

1. Supporting the District’s implementation of Adopted Curriculum.
2. Helping teachers plan instruction using District-approved resources.
3. Aligning instructional materials to standards, pacing expectations, and district guidelines.
4. Streamlining lesson preparation and implementation.
5. Supporting differentiation, accommodations planning, small-group instruction, and teacher-facing instructional decisions.
6. Providing professional learning, implementation support, and coaching resources.
7. Helping administrators understand curriculum implementation, usage, and instructional planning needs.
8. Improving the quality, consistency, and usability of District-approved instructional materials.

ClassHero may not be used for advertising, commercial profiling, non-educational surveillance, sale of student information, unauthorized research, unauthorized sharing of Student Data, or purposes unrelated to the District’s educational mission.

8. Adopted Curriculum, Fair Use, and Publisher Rights

ClassHero is designed to support a District’s implementation of curriculum, instructional materials, and educational resources that the District has already adopted, purchased, licensed, created, approved, or otherwise authorized for instructional use.

ClassHero does not independently select, adopt, sell, sublicense, or replace third-party curriculum. ClassHero provides a district-directed implementation and instructional planning layer that helps educators organize, align, sequence, and use District-approved curriculum and instructional materials more effectively.

The District remains responsible for ensuring that it has the necessary rights, licenses, permissions, or lawful authority to provide curriculum materials, publisher materials, instructional guides, assessments, pacing documents, or related content to ClassHero for use in the Services.

ClassHero’s use of Adopted Curriculum and Publisher Materials is limited to the District’s authorized educational purposes and to the scope of rights held by the District or otherwise permitted by applicable law.

Nothing in these Terms grants the District, ClassHero, or any User broader rights in Publisher Materials than the District or User otherwise possesses. ClassHero does not expand, modify, or override any publisher license, copyright restriction, subscription agreement, digital access limitation, or other third-party content restriction applicable to Publisher Materials.

ClassHero Outputs are intended to support curriculum implementation, instructional planning, and teacher use of District-approved materials. ClassHero Outputs are not intended to substitute for the publisher’s curriculum, teacher guide, student materials, assessments, digital platform, or licensed resources.

Users may not use ClassHero to avoid purchasing, licensing, accessing, or maintaining adopted curriculum or publisher-provided materials required for instruction.

To reduce copyright and licensing risk, ClassHero may limit, summarize, reference, link to, transform, or withhold portions of Publisher Materials in Outputs where ClassHero determines that full reproduction would be inconsistent with District authorization, publisher rights, applicable law, or these Terms.

Users may not publicly post, export, sell, redistribute, or share ClassHero Outputs containing Publisher Materials except as authorized by the District and permitted by the applicable publisher license or law.

9. No Substitute for Publisher Materials

ClassHero is not a replacement for any adopted curriculum, publisher platform, textbook, teacher edition, assessment system, student edition, student workbook, digital curriculum license, or other publisher-provided resource.

ClassHero may reference, organize, summarize, align, or generate implementation guidance around Publisher Materials, but Users remain responsible for accessing and using the original Publisher Materials in accordance with the District’s applicable licenses and instructional expectations.

ClassHero Outputs should not be used to recreate, duplicate, replace, or distribute substantial portions of Publisher Materials, including full lessons, full assessments, answer keys, student passages, worksheets, images, videos, digital interactives, teacher editions, or other protected publisher content, unless expressly authorized by the District and permitted by the applicable publisher rights.

ClassHero is intended to increase the usability and implementation fidelity of Adopted Curriculum, not to displace, diminish, or substitute for the District’s use of the original curriculum materials.

10. District Authorization of Curriculum Materials

By providing Adopted Curriculum, Publisher Materials, or other third-party instructional content to ClassHero, the District represents and warrants that:

1. The District has adopted, purchased, licensed, created, approved, or otherwise authorized the materials for instructional use.
2. The District has the right to provide the materials to ClassHero for the limited purpose of supporting the District’s curriculum implementation.
3. The District’s use of ClassHero will remain within the scope of the District’s applicable publisher licenses, subscriptions, purchase agreements, copyright permissions, or other lawful authority.
4. The District will not provide Publisher Materials to ClassHero if doing so would violate publisher terms, copyright restrictions, access controls, or other third-party rights.
5. The District will promptly notify ClassHero if any publisher license, subscription, permission, or authorization changes in a way that affects ClassHero’s ability to process or support the materials.
   
   11. Output Restrictions for Publisher Materials

Unless expressly authorized by the District and permitted by the applicable publisher rights, ClassHero Outputs should not reproduce substantial protected expression from Publisher Materials.

ClassHero may instead provide instructional summaries, implementation guidance, standards alignment, pacing recommendations, teacher-facing planning notes, resource references, page references, lesson references, activity labels, curriculum metadata, links, or other non-substitutive guidance designed to help Users locate and use the original Publisher Materials.

ClassHero may restrict export, download, printing, sharing, or redistribution of Outputs that include Publisher Materials or publisher-derived content.

Users may not use ClassHero Outputs to create a public or district-wide repository of publisher-derived materials beyond the scope of the District’s rights.

12. District Content License to ClassHero

The District grants ClassHero a limited, non-exclusive, non-transferable license to access, host, copy, process, organize, align, transform, index, summarize, tag, display, and otherwise use District Content, Adopted Curriculum, Publisher Materials, and related information solely as necessary to provide, secure, support, maintain, improve, and troubleshoot the Services for the District’s authorized educational purposes.

This license does not transfer ownership of District Content to ClassHero. The District retains all rights it has in District Content. Third-party owners retain all rights they have in Publisher Materials.

ClassHero may use de-identified, aggregated, or anonymized information derived from use of the Services to maintain, improve, secure, and analyze the Services, provided that such information does not identify a student, parent, teacher, school, or District except as permitted by the applicable agreement or law.

13. Ownership of Outputs

Subject to ClassHero’s ownership of ClassHero Materials and any third-party rights in Publisher Materials, the District may use ClassHero Outputs internally for its authorized educational purposes during the term of its agreement with ClassHero.

ClassHero retains ownership of the ClassHero platform, ClassHero Materials, proprietary workflows, software, methods, algorithms, templates, taxonomies, configurations, generalized know-how, and improvements to the Services.

The District’s rights to use Outputs that are based on or incorporate Publisher Materials are limited by the District’s rights in those Publisher Materials. Nothing in these Terms gives the District or Users a broader right to use Publisher Materials than they otherwise possess.

14. AI-Assisted and Automated Outputs

ClassHero may use automated systems, artificial intelligence, machine learning, rules-based processing, human review, or a combination of these methods to generate or support Outputs.

Users acknowledge that AI-assisted or automated Outputs may contain errors, omissions, inaccuracies, misalignments, inappropriate recommendations, incomplete references, outdated information, or content that requires professional review. Users must review all Outputs before use.

ClassHero Outputs are planning aids and implementation supports. They are not final instructional mandates, legal advice, compliance determinations, special education determinations, medical advice, psychological advice, or substitutes for professional educator judgment.

Users must not rely solely on ClassHero Outputs to make high-stakes decisions about students, including decisions relating to grades, discipline, IEP eligibility, 504 eligibility, language classification, special education placement, intervention placement, retention, promotion, graduation, or access to services.

15. No Student Data or Student PII Through Third-Party AI Service Providers

ClassHero does not transmit Student Data, Student PII, student roster information, identifiable student work, identifiable student performance data, or other personally identifiable student information to third-party AI service providers for AI processing.

ClassHero may use AI-assisted or automated processing to support curriculum organization, instructional planning, standards alignment, lesson sequencing, pacing support, and implementation guidance. Such processing is not intended to involve Student Data or Student PII being sent to a third-party AI service provider.

ClassHero will not use Student Data or Student PII to train general-purpose AI models.

ClassHero will not permit any third-party AI service provider to use Student Data, Student PII, District Content, Publisher Materials, or ClassHero Outputs to train, fine-tune, improve, or evaluate general-purpose AI models.

If ClassHero uses third-party technology providers for hosting, infrastructure, security, storage, analytics, or other non-AI operational services, such providers may process information only as necessary to provide those operational services and subject to confidentiality, security, and use restrictions consistent with ClassHero’s obligations.

16. AI-Assisted Processing of Curriculum Materials

ClassHero may use AI-assisted or automated processing to support curriculum organization, instructional planning, standards alignment, lesson sequencing, pacing support, and implementation guidance.

ClassHero will not use Publisher Materials to train general-purpose AI models.

AI-assisted processing of Publisher Materials, where used, is limited to supporting the District’s authorized educational use of adopted or approved curriculum and must remain within the scope of the District’s applicable rights, licenses, permissions, or other lawful authority.

ClassHero Outputs generated through AI-assisted processing are intended to support implementation of the original curriculum, not to replace, republish, or redistribute the publisher’s protected materials.

17. Human Review and Instructional Responsibility

ClassHero supports educators, but it does not replace educators.

Teachers remain responsible for determining what is instructionally appropriate for their students. Administrators remain responsible for curriculum implementation decisions, District policy decisions, and compliance oversight.

Users must review Outputs for:

1. Accuracy.
2. Alignment to the District’s Adopted Curriculum.
3. Alignment to state standards and District pacing expectations.
4. Age appropriateness.
5. Cultural responsiveness.
6. Accessibility.
7. Student privacy.
8. Appropriateness for students with disabilities.
9. Appropriateness for emergent bilingual or multilingual learners.
10. Consistency with District policies and legal obligations.
    
    18. Student Data Privacy

ClassHero will use Student Data only to provide, maintain, secure, support, troubleshoot, and improve the Services for authorized educational purposes, or as otherwise permitted by the applicable written agreement with the District and applicable law.

ClassHero will not:

1. Sell Student Data.
2. Rent Student Data.
3. Use Student Data for targeted advertising.
4. Use Student Data to create non-educational profiles.
5. Use Student Data for purposes unrelated to providing the Services.
6. Disclose Student Data except as authorized by the District, required to provide the Services, required by law, or permitted under a written agreement with the District.
7. Use Student Data to train general-purpose AI models.
8. Transmit Student Data or Student PII to third-party AI service providers for AI processing.

Where ClassHero receives Student Data from or on behalf of a District, ClassHero acts as a service provider to the District and, where applicable, as a school official with a legitimate educational interest, under the District’s direct control with respect to the use and maintenance of education records.

The District is responsible for determining whether ClassHero qualifies as a school official under the District’s FERPA annual notice, policies, and procedures.

19. Parent and Guardian Rights

The District is responsible for receiving and responding to parent, guardian, and eligible student requests relating to education records, including requests to inspect, review, correct, amend, export, or delete records, unless otherwise required by law or agreed in writing.

ClassHero will reasonably assist the District in responding to such requests where the requested information is maintained in the Services and the request is authorized by the District.

Parents, guardians, and eligible students who contact ClassHero directly regarding Student Data may be referred to the appropriate District official, unless applicable law requires another response.

20. COPPA, Minors, and Student Use

ClassHero is intended for use in educational settings under the direction of Districts and authorized educators. Where students under 13 use ClassHero or interact with ClassHero-enabled features, the District is responsible for determining and obtaining any notices, consents, or authorizations required under applicable law and District policy.

ClassHero will not knowingly collect more personal information from a child than is reasonably necessary to provide the Services for the authorized educational purpose.

ClassHero will maintain reasonable confidentiality, security, and data retention practices for student information collected through the Services.

If the Services include student-facing features, the District is responsible for ensuring that such features are used only in accordance with District policy, parent notices, applicable consents, and applicable law.

21. PPRA-Sensitive Content and Student Surveys

Users may not use ClassHero to administer surveys, analyses, evaluations, prompts, assignments, or student-facing activities that solicit protected or sensitive personal information unless authorized by the District and permitted under applicable law and District policy.

Sensitive areas may include, without limitation, political affiliations, mental or psychological problems, sex behavior or attitudes, illegal or self-incriminating behavior, critical appraisals of family members, privileged relationships, religious practices, or family income, where such information is protected by applicable law.

ClassHero is not responsible for a User’s unauthorized creation or assignment of student prompts, surveys, or activities that violate District policy or law.

22. Data Security

ClassHero will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect District Content and Student Data against unauthorized access, disclosure, alteration, and destruction.

Such safeguards may include, as appropriate:

1. Access controls.
2. Role-based permissions.
3. Authentication controls.
4. Encryption in transit.
5. Encryption at rest where supported.
6. Logging and monitoring.
7. Secure development practices.
8. Employee confidentiality obligations.
9. Vendor and subprocessor controls.
10. Incident response procedures.
11. Backup and recovery procedures.
12. Periodic security review.

Users are responsible for maintaining the confidentiality of their login credentials and for promptly reporting suspected unauthorized access.

23. Security Incidents

ClassHero will notify the District without unreasonable delay after confirming a security incident that results in unauthorized access to or disclosure of Student Data or District Content in ClassHero’s possession or control.

ClassHero’s notice will include information reasonably available at the time, which may include:

1. The nature of the incident.
2. The categories of information involved.
3. The affected population, if known.
4. Steps taken to contain or investigate the incident.
5. Recommended mitigation steps, if applicable.
6. A point of contact for follow-up.

ClassHero will cooperate reasonably with the District’s investigation, notice, and remediation obligations, subject to applicable law, security needs, and confidentiality obligations.

Users must promptly report any suspected security incident, unauthorized disclosure, incorrect sharing, lost device, compromised credentials, or inappropriate access to their District administrator and to ClassHero through the designated support channel.

24. Data Retention and Deletion

ClassHero will retain Student Data and District Content only as long as reasonably necessary to provide the Services, comply with the applicable agreement, support the District’s authorized educational purposes, resolve disputes, maintain security, comply with legal obligations, or as otherwise instructed by the District.

Upon termination or expiration of the District’s agreement, ClassHero will, upon written request and subject to the applicable agreement:

1. Provide a reasonable opportunity for the District to export available District Content and Student Data.
2. Delete or de-identify Student Data and District Content within a commercially reasonable period.
3. Retain limited backup copies only for a limited period consistent with backup, disaster recovery, security, and legal compliance practices.
4. Continue to protect retained information under these Terms until deletion or de-identification.

ClassHero may retain de-identified or aggregated data that does not identify students, parents, Users, schools, or Districts, subject to applicable law and agreement terms.

25. Subprocessors and Service Providers

ClassHero may use third-party service providers, subprocessors, hosting providers, security vendors, support tools, storage providers, analytics providers, and other vendors to provide, secure, maintain, improve, and support the Services.

ClassHero will require subprocessors that access Student Data to protect such data in a manner consistent with ClassHero’s obligations under these Terms and the applicable written agreement with the District.

ClassHero will not authorize subprocessors to use Student Data for targeted advertising, sale, non-educational profiling, or unrelated commercial purposes.

ClassHero does not transmit Student Data or Student PII to third-party AI service providers for AI processing.

26. Confidentiality

Each party may receive confidential information from the other. Confidential information includes non-public business information, technical information, security information, implementation plans, pricing, District Content, Student Data, platform configurations, and other information that should reasonably be understood to be confidential.

Users may access confidential information only as needed for authorized educational purposes. Users may not disclose confidential information except as authorized by the District, required to use the Services, permitted by law, or approved in writing.

ClassHero will protect District confidential information using reasonable care and will use it only to provide, support, secure, maintain, and improve the Services, or as otherwise permitted by the applicable agreement.

27. Acceptable Use

Users may not:

1. Use ClassHero for unlawful, harmful, fraudulent, deceptive, or unauthorized purposes.
2. Access or attempt to access accounts, data, systems, or materials without authorization.
3. Share login credentials or use another person’s credentials.
4. Upload malware, viruses, harmful code, or malicious files.
5. Interfere with or disrupt the Services.
6. Reverse engineer, decompile, scrape, copy, or attempt to extract source code, models, prompts, system instructions, algorithms, or non-public platform components.
7. Use ClassHero to infringe copyright, trademark, trade secret, privacy, publicity, or other rights.
8. Upload content that is unlawful, threatening, harassing, discriminatory, defamatory, obscene, sexually explicit, exploitative, or inappropriate for an educational environment.
9. Upload unnecessary sensitive personal information.
10. Use ClassHero for targeted advertising, commercial solicitation, political campaigning, or non-educational profiling.
11. Publicly post or redistribute ClassHero Outputs that include District Content, Student Data, Publisher Materials, or confidential information.
12. Attempt to bypass usage limits, security controls, copyright controls, or access permissions.
13. Use ClassHero to generate or distribute content that violates District policy or applicable law.
14. Use ClassHero to recreate, duplicate, or replace publisher curriculum or publisher-provided resources outside the scope of the District’s lawful rights.
    
    28. Account Access and Administration

Users are responsible for all activity under their accounts. Users must keep credentials confidential and must promptly notify the District and ClassHero if credentials are lost, stolen, compromised, or used without authorization.

Administrators may manage User access, permissions, rosters, curriculum settings, implementation settings, and usage reports. The District is responsible for ensuring that account permissions are accurate and current.

ClassHero may suspend or restrict access to the Services if ClassHero reasonably believes that:

1. A User has violated these Terms.
2. Access creates a security risk.
3. Access may violate law or third-party rights.
4. Continued access may compromise Student Data, District Content, Publisher Materials, or the Services.
5. The applicable subscription, order form, or agreement has expired or been terminated.
   
   29. Rostering and Integrations

The District may authorize ClassHero to connect with rostering systems, learning management systems, single sign-on systems, curriculum platforms, assessment systems, data warehouses, or other third-party systems.

The District is responsible for authorizing integrations and ensuring that data shared through integrations is accurate, necessary, and permitted.

ClassHero is not responsible for errors, outages, data inaccuracies, permission issues, or unauthorized access caused by third-party systems, District configuration, incorrect rostering, or User error.

30. Professional Learning and Implementation Services

ClassHero may provide onboarding, professional learning, implementation support, curriculum intake, content configuration, training sessions, coaching, technical assistance, and related services.

The scope of these services will be determined by the applicable order form, statement of work, implementation plan, or written agreement.

The District is responsible for providing timely access to necessary curriculum information, District requirements, staff participants, technical contacts, and implementation decisions.

ClassHero may rely on information provided by the District when configuring curriculum, lesson plans, pacing, standards, and implementation workflows.

31. Accuracy, Corrections, and Feedback

ClassHero aims to provide useful, accurate, and instructionally relevant Outputs, but ClassHero does not guarantee that every Output will be error-free, complete, current, or suitable for every classroom context.

Users should report suspected errors, misalignments, inappropriate content, missing materials, or needed corrections through the designated ClassHero feedback or support process.

ClassHero may use User feedback, correction requests, ratings, support tickets, implementation notes, and other input to improve the Services, correct Outputs, and enhance District-specific implementation.

By submitting feedback, Users grant ClassHero permission to use that feedback without restriction, provided that ClassHero does not disclose Student Data or confidential District information except as permitted by these Terms or the applicable agreement.

32. Accessibility

ClassHero will use commercially reasonable efforts to support accessibility in the Services. The District and Users are responsible for reviewing Outputs and instructional uses for accessibility and for ensuring that students receive accommodations, modifications, assistive technology, translated materials, or other supports required by law, IEPs, 504 plans, language access plans, or District policy.

ClassHero Outputs may suggest accommodations or differentiated supports, but such suggestions are not legally binding determinations and do not replace legally required team decisions or professional review.

33. Special Education, 504, and Multilingual Learner Supports

ClassHero may help teachers plan accommodations, scaffolds, differentiation, language supports, small-group instruction, and other instructional supports. These Outputs are planning supports only.

ClassHero does not determine whether a student has a disability, qualifies for special education, qualifies under Section 504, requires specific accommodations, qualifies for language services, should receive intervention, or should be placed in any program.

Users must follow District policy and applicable legal requirements when using ClassHero in connection with students with disabilities, students with 504 plans, emergent bilingual students, multilingual learners, intervention students, gifted students, or any other protected or specially served student population.

34. Assessments, Grading, and Student Performance Data

If ClassHero supports assessment, practice, student responses, progress monitoring, or performance reporting, such features are intended to support instruction and teacher decision-making.

ClassHero Outputs and reports should not be used as the sole basis for grades, promotion, retention, placement, discipline, disability identification, language classification, intervention eligibility, or other high-stakes student decisions.

Teachers and administrators are responsible for validating student performance information and using professional judgment before making instructional or administrative decisions.

35. Fees, Orders, and Payment

Fees, subscription terms, license counts, implementation scope, renewal terms, payment obligations, and other commercial terms will be set forth in the applicable order form, quote, purchase order, statement of work, or written agreement between ClassHero and the District.

Individual teachers are not responsible for District payment obligations unless expressly agreed in a separate written agreement.

If there is a conflict between these Terms and a signed written agreement between ClassHero and the District, the signed written agreement will control for that District to the extent of the conflict.

36. Service Availability and Changes

ClassHero will use commercially reasonable efforts to make the Services available, subject to maintenance, updates, outages, third-party service interruptions, security events, force majeure events, and other circumstances.

ClassHero may modify, improve, discontinue, or replace features from time to time. ClassHero will use reasonable efforts to avoid materially reducing core functionality during an active subscription term without notice, unless changes are needed for security, legal compliance, third-party rights, or platform integrity.

37. Beta Features

ClassHero may make beta, pilot, preview, experimental, or evaluation features available. Such features may be incomplete, may change, may be discontinued, and may contain errors.

Beta features are provided for evaluation and feedback and should not be used for high-stakes instructional, administrative, compliance, or student decisions without careful review.

38. Third-Party Services and Links

The Services may reference, integrate with, or link to third-party services, curriculum platforms, learning management systems, publisher sites, assessment systems, content repositories, or other external resources.

ClassHero does not control third-party services and is not responsible for their content, availability, privacy practices, security practices, terms, licensing restrictions, or performance.

Users must comply with all applicable third-party terms and District policies when using third-party services with ClassHero.

39. No Publicity Without Permission

ClassHero will not use the District’s name, logo, student names, teacher names, school names, testimonials, implementation results, or case study information for marketing without the District’s prior written consent, except as otherwise permitted in a signed agreement.

The District and Users may not use ClassHero’s name, logo, trademarks, screenshots, materials, or platform images publicly without ClassHero’s prior written consent, except for internal District training, implementation, and instructional purposes.

40. Intellectual Property

ClassHero and its licensors retain all rights, title, and interest in and to the Services, ClassHero Materials, software, technology, workflows, designs, documentation, templates, taxonomies, analytics, configurations, platform structures, and related intellectual property.

The District and its licensors retain all rights, title, and interest in District Content, subject to the limited license granted to ClassHero.

Third-party publishers and content providers retain all rights in Publisher Materials.

No rights are granted except as expressly stated in these Terms or the applicable written agreement.

41. Copyright Complaints

If a User or third party believes that content used in ClassHero infringes copyright, they may notify ClassHero at [insert copyright contact email] with sufficient information to identify the allegedly infringing content, the rights claimed, and the requested action.

ClassHero may remove or disable access to allegedly infringing content, notify the District, suspend access, or take other appropriate action.

Users who repeatedly upload unauthorized content may lose access to the Services.

42. Compliance With Laws

Each party will comply with laws applicable to its performance under these Terms.

The District is responsible for its educational decisions, curriculum adoption decisions, parent notices, consents, student records obligations, local policy obligations, and legal requirements applicable to its use of the Services.

ClassHero is responsible for providing the Services in accordance with its obligations under these Terms and any applicable written agreement.

43. Warranties

ClassHero warrants that it will provide the Services in a professional and workmanlike manner consistent with commercially reasonable industry practices.

The District warrants that it has the rights, permissions, authority, and approvals necessary to provide District Content, Student Data, Adopted Curriculum, and Publisher Materials to ClassHero for the authorized educational purposes described in these Terms.

Each User warrants that they will use ClassHero only as authorized by the District and these Terms.

44. Disclaimers

Except as expressly stated in these Terms or a signed written agreement, the Services and Outputs are provided “as is” and “as available.”

ClassHero does not warrant that:

1. The Services will be uninterrupted, error-free, or completely secure.
2. Every Output will be accurate, complete, current, or appropriate for every student or classroom.
3. The Services will meet every District requirement unless expressly stated in a signed agreement.
4. The Services will produce specific academic, operational, compliance, or financial outcomes.
5. The Services will eliminate the need for teacher planning, administrator review, curriculum review, professional learning, or instructional judgment.
6. Use of Publisher Materials through ClassHero is permitted under every publisher agreement, subscription, license, or copyright restriction applicable to the District.

ClassHero does not provide legal, medical, psychological, special education, compliance, or curriculum adoption advice.

45. Indemnification

To the extent permitted by applicable law, ClassHero will defend and indemnify the District against third-party claims alleging that the ClassHero platform, as provided by ClassHero and used in accordance with these Terms, infringes a third party’s intellectual property rights.

ClassHero will have no obligation for claims arising from:

1. District Content.
2. Student Data.
3. Publisher Materials.
4. User uploads.
5. Unauthorized use.
6. Modifications not made by ClassHero.
7. Use of the Services in violation of these Terms or applicable law.
8. Use of the Services after ClassHero provides notice to stop using allegedly infringing functionality.
9. The District’s breach of publisher license terms or third-party content restrictions.

To the extent permitted by applicable law, the District will defend and indemnify ClassHero against third-party claims arising from District Content, Publisher Materials provided by or on behalf of the District, unauthorized use by Users, violation of third-party licenses, or the District’s breach of these Terms.

For public agencies that are legally prohibited from indemnifying vendors, this section applies only to the maximum extent permitted by applicable law.

46. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, loss of data, or business interruption, even if advised of the possibility of such damages.

To the maximum extent permitted by law, each party’s total liability arising out of or relating to these Terms will not exceed the amounts paid or payable by the District to ClassHero for the Services during the twelve months preceding the event giving rise to liability.

The above limitations do not apply to liability that cannot be limited by law, payment obligations, confidentiality obligations, misuse of intellectual property, or obligations that a signed agreement expressly states are excluded from the liability cap.

47. Termination

The District’s access to ClassHero may terminate upon expiration or termination of the applicable subscription, order form, or written agreement.

ClassHero may suspend or terminate access for a User or District if:

1. Required fees are not paid.
2. The User or District materially breaches these Terms.
3. Use of the Services creates a security, legal, privacy, or third-party rights risk.
4. A User no longer has authorization from the District.
5. The District’s agreement with ClassHero expires or is terminated.
6. ClassHero reasonably determines that continued use of Publisher Materials may violate third-party rights, publisher restrictions, copyright law, or these Terms.

Upon termination, Users must stop using the Services and must not retain, distribute, or publicly use ClassHero Outputs except as permitted by the applicable agreement and subject to any third-party rights.

48. Effect of Termination

Termination does not affect provisions that by their nature should survive, including confidentiality, student data protection, intellectual property, payment obligations, disclaimers, limitation of liability, indemnification, dispute resolution, and data deletion obligations.

Upon termination, ClassHero will handle District Content and Student Data according to the applicable written agreement, data privacy agreement, and data retention provisions of these Terms.

49. Notices

ClassHero may provide notices through the Services, by email, by administrator dashboard, or through other reasonable means.

Legal notices to ClassHero must be sent to:
[ClassHero legal entity name]
[Address]
Attention: Legal Notices
Email: [legal@classhero.com]

District notices must be sent to the contact designated in the applicable order form, administrator account, or written agreement.

50. Changes to These Terms

ClassHero may update these Terms from time to time. ClassHero will provide notice of material changes through the Services, by email, or through another reasonable method.

Changes will become effective on the date stated in the updated Terms. Continued use of the Services after the effective date means acceptance of the updated Terms.

For Districts with a signed agreement, changes will not materially reduce ClassHero’s core contractual obligations during the active subscription term unless required for legal compliance, security, third-party rights, or as otherwise permitted by the signed agreement.

51. Governing Law and Dispute Resolution

Unless a signed written agreement states otherwise, these Terms will be governed by the laws of [insert state], without regard to conflict of law principles.

Before either party initiates litigation, the parties will attempt in good faith to resolve disputes through business escalation between authorized representatives.

Nothing prevents either party from seeking injunctive relief, protecting confidential information, enforcing intellectual property rights, responding to legal process, or complying with applicable law.

For public agencies, any dispute resolution, venue, governing law, jury waiver, arbitration, or attorneys’ fees provision applies only to the extent permitted by applicable law.

52. Assignment

Users may not assign or transfer their rights or obligations under these Terms.

ClassHero may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of substantially all assets, or similar transaction, provided that the assignee assumes ClassHero’s obligations with respect to Student Data and District Content.

53. Force Majeure

Neither party will be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, acts of war, terrorism, labor disputes, internet or hosting failures, utility failures, governmental actions, epidemics, cyberattacks, or other events that could not reasonably be prevented.

54. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, the remaining provisions will remain in effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

55. Entire Agreement

These Terms, together with the applicable order form, statement of work, data privacy agreement, student data processing addendum, curriculum processing addendum, privacy policy, and any signed written agreement between ClassHero and the District, form the entire agreement governing use of the Services.

If there is a conflict among documents, the following order of precedence applies unless a signed agreement states otherwise:

1. Signed written agreement with the District.
2. Data privacy agreement or student data processing addendum, but only for Student Data matters.
3. Curriculum processing addendum, but only for Adopted Curriculum and Publisher Materials matters.
4. Order form or statement of work.
5. These Terms.
6. ClassHero Privacy Policy.
7. Product documentation.

Exhibit A: Student Data Privacy Addendum

This Student Data Privacy Addendum applies when ClassHero receives Student Data from or on behalf of a District.

A1. Purpose Limitation

ClassHero will use Student Data only for authorized educational purposes and only as necessary to provide, maintain, secure, support, troubleshoot, and improve the Services for the District.

A2. No Sale or Targeted Advertising

ClassHero will not sell Student Data, use Student Data for targeted advertising, or use Student Data to create commercial profiles unrelated to the District’s educational purposes.

A3. Direct Control

Where ClassHero receives education records under the school official framework, ClassHero will be under the District’s direct control with respect to the use and maintenance of such records and will use the records only for the purposes authorized by the District.

A4. Redisclosure

ClassHero will not redisclose Student Data except:

1. To authorized subprocessors providing non-AI operational services necessary to support the Services.
2. At the District’s direction.
3. As required by law.
4. As necessary to protect the security or integrity of the Services.
5. As otherwise permitted by a signed written agreement.

ClassHero will require subprocessors with access to Student Data to protect such data consistent with ClassHero’s obligations.

A5. No Student PII Through Third-Party AI Service Providers

ClassHero does not transmit Student Data or Student PII to third-party AI service providers for AI processing.

ClassHero will not use Student Data or Student PII to train, fine-tune, improve, or evaluate general-purpose AI models.

ClassHero will not permit any third-party AI service provider to use Student Data or Student PII for model training, fine-tuning, evaluation, analytics, profiling, or other AI development purposes.

A6. Security

ClassHero will maintain reasonable security measures appropriate to the sensitivity of Student Data.

A7. Access, Correction, and Deletion

ClassHero will provide reasonable assistance to the District in accessing, correcting, exporting, or deleting Student Data maintained in the Services.

A8. Data Minimization

ClassHero will collect and process only the Student Data reasonably necessary to provide the Services or as authorized by the District.

A9. De-Identified Data

ClassHero may create and use de-identified or aggregated data for service improvement, analytics, security, research, benchmarking, or reporting, provided that such data does not identify students, parents, Users, schools, or Districts and is not used to re-identify individuals.

A10. Data Return and Deletion

Upon termination or written request, ClassHero will return, delete, or de-identify Student Data as required by the applicable agreement, subject to legal obligations, backup retention, and security needs.

Exhibit B: Curriculum and Publisher Materials Addendum

This Curriculum and Publisher Materials Addendum applies when the District or Users provide Adopted Curriculum, Publisher Materials, instructional guides, pacing documents, assessments, or other third-party materials to ClassHero.

B1. District Direction

The District directs ClassHero to use the materials solely to support the District’s implementation of Adopted Curriculum and District-approved instructional resources.

B2. District Rights

The District represents that it has the necessary rights, licenses, permissions, or lawful authority to provide the materials to ClassHero and to permit ClassHero to process them for the Services.

B3. No Expansion of Publisher Licenses

ClassHero does not expand the District’s rights in Publisher Materials. The District’s use of Publisher Materials through ClassHero remains subject to the District’s agreements with publishers and content providers.

B4. No Public Redistribution

Users may not publicly distribute, publish, post, sell, or share Outputs containing Publisher Materials unless authorized by the District and permitted by the applicable publisher rights.

B5. No Replacement for Publisher Access

ClassHero is not intended to replace publisher platforms, publisher licenses, adopted curriculum subscriptions, or required access to original curriculum materials.

B6. Non-Substitutive Outputs

ClassHero Outputs are intended to help Users locate, understand, sequence, align, and implement original Publisher Materials. Outputs should not be used to recreate or substitute for full publisher lessons, assessments, student materials, teacher editions, answer keys, worksheets, passages, images, videos, slide decks, or digital curriculum resources.

B7. Limited Use of Publisher Materials

ClassHero may summarize, reference, tag, align, sequence, transform, or provide implementation guidance around Publisher Materials only to the extent necessary to support the District’s authorized educational use.

ClassHero may limit, restrict, or remove content from Outputs where ClassHero reasonably determines that reproduction or distribution may exceed the District’s rights, create substitution risk, violate third-party rights, or conflict with these Terms.

B8. AI and Publisher Materials

ClassHero will not use Publisher Materials to train general-purpose AI models.

ClassHero will not permit third-party AI service providers to use Publisher Materials to train, fine-tune, improve, or evaluate general-purpose AI models.

AI-assisted processing of Publisher Materials, where used, is limited to supporting the District’s authorized educational use of adopted or approved curriculum.

B9. Error Reporting

Users should promptly report any suspected copyright issue, incorrect attribution, improper content exposure, or publisher license concern.

Exhibit C: Role-Based User Acknowledgment

ClassHero may present the following acknowledgments during onboarding, login, first use, annual renewal, or after material updates to these Terms.

C1. Administrator Acknowledgment

By clicking I Agree, I acknowledge and agree that:

1. I am authorized to administer ClassHero for my school, district, or organization.
2. ClassHero is being used at the direction of my District to support implementation of District-adopted or District-approved curriculum and resources.
3. My District is responsible for curriculum adoption, instructional policy, teacher assignment, rostering, parent notices, and required consents.
4. My District has the necessary rights or permissions for materials provided to ClassHero.
5. My District’s use of ClassHero does not expand or override publisher licenses or third-party content restrictions.
6. I will manage User access and promptly remove unauthorized Users.
7. I will not use ClassHero for unauthorized advertising, profiling, student surveillance, or non-educational purposes.
8. I will ensure that ClassHero Outputs are reviewed before broad instructional use.
9. I will not use ClassHero to recreate, replace, or redistribute publisher curriculum outside the scope of my District’s rights.
10. I will report data, security, curriculum, or access issues promptly.

C2. Teacher/Educator Acknowledgment

By clicking I Agree, I acknowledge and agree that:

1. I will use ClassHero only for authorized educational purposes.
2. ClassHero helps me plan and implement District-approved curriculum, but it does not replace my professional judgment.
3. I must review lesson plans, activities, accommodations, and other Outputs before using them with students.
4. I will not upload materials, student information, or third-party content unless authorized.
5. I will protect student privacy and follow District policy.
6. I understand that ClassHero does not transmit Student Data or Student PII to third-party AI service providers for AI processing.
7. I will not use ClassHero as the sole basis for grades, placement, discipline, special education decisions, 504 decisions, language classification, or other high-stakes decisions.
8. I will not use ClassHero to publicly post, redistribute, or recreate publisher curriculum outside the scope of my District’s rights.
9. I will report suspected errors, inappropriate Outputs, unauthorized access, or data concerns promptly.

Exhibit D: Platform Clickwrap Acceptance Text

ClassHero may present the following acceptance language to Users during onboarding, account creation, first login, annual renewal, or after material updates to these Terms.

ClassHero Terms of Service

ClassHero is a district-directed curriculum implementation and lesson-planning system. It helps educators better use curriculum and instructional materials already adopted, purchased, licensed, created, or approved by their district. ClassHero does not select curriculum for the district and does not replace educator professional judgment or publisher-provided curriculum materials.

By continuing, you agree to:

1. Use ClassHero only for authorized educational purposes.
2. Protect student data.
3. Respect curriculum and publisher rights.
4. Review all outputs before use.
5. Follow your district’s policies.

ClassHero does not transmit Student Data or student PII to third-party AI service providers for AI processing.

By clicking I Agree, you acknowledge that you have read and agree to the ClassHero Terms of Service, available at: https://classhero.com/termsofservice

Your use of ClassHero is also governed by the ClassHero Privacy Policy, any applicable student data privacy agreement, and any written agreement between ClassHero and your district, school, or educational organization.

[I Agree]