Revision History to Scoir's College Terms of Service

Kevin McCloskey Updated by Kevin McCloskey

We periodically make changes to the terms and conditions contained in our Terms of Service with colleges. Most of these changes are immaterial and are intended to provide greater clarity and/or to comply with the ever-changing landscape of laws and regulations. A revision history is contained below.

----------------------------------

September 27, 2023  

1. We updated our definitions to draw a distinction between "Customer Information," which is proprietary to your institution, and "Public Information," which was not previously defined and was intermixed with Customer Information.

2. We added confidentiality obligations to your proprietary "Customer Information."

3. This new distinction between 'Customer Information' and 'Public Information' necessitated updates to Section 1, Section 3.8, Section 4.5(c), and Schedule 1, Section 3.2.

4. For specificity, we more precisely identify the entity with which you are contracting (in case there are imposters domiciled in other states).

5. We expanded on the level of support services that we offer customers. While we continue to provide are highly-rated "help desk" support to all customers, we also provide enhanced support services for specific durations in specific circumsances, such as "Assisted Integration" support when helping a customer configure its Apply with Scoir application and integrated it with its Slate application instance.

6. We clarified language to our indemnification so that, rather than just state when you may be entitled to a refund, we specify when we will actually refund fees to you.

7. To assist with evolving procurement practices, we now include a statement that we are not debarred or suspended from participating in government contracts .

8. In Schedule 1 (Product-Specific Terms), we reduced your obligation of duty from 'ensuring' that your staff scheduling high school visits comply with applicable laws to 'requiring' that they do so.

----------------------------------

June 20, 2023  

We clarified language to our indemnification exclusions that could have been broadly interpreted to exclude pretty much everything, which was not our intent.

----------------------------------

June 16, 2023  

1. We removed what we admit is some rather cheeky language qualifying actions around intent.

2. While our invoices are sent electronically and, therefore, are typically received the same day they are created, we clarified that payment due dates are based on the date you actually receive them.

3. We extended the number of days an invoice may be past due before we suspend services.

4. We added Section 9 (Indemnification) to surviving contract provisions.

5. We more specifically limited our rights to use your proprietary information.

6. We added to the exclusions from our limitations of liability.

7. We clarified that permitted assignments require written notice.

----------------------------------

May 17, 2023  

1. Scoir does not (yet) provide customers the ability to modify their subscription plan in-app, so we removed language in Section 3.2 referencing such functionality to avoid confusion.

2. We modified language in Section 4.4 to avoid the inference that Scoir receives student records or other confidential information from customers, which we don't and which is clearly stated in Section 1.

3. Minor legalese update.

4. We expanded the actions against which we indemnify you.

----------------------------------

April 16, 2023  

1. We corrected a mistaken reference in Section 6.1, which should have referenced Section 3.9 (not Section 3.8).

2. We updated SCHEDULE 1 to incorporate product nomenclature and descriptions more similar to those contained on our website and to add a new variation of our "Applications" service, which is a managed services offering for those institutions that are unable or prefer not to utilize our Slate(TM) integration capabilities.

----------------------------------

April 11, 2023  

We slightly modified Section 3.9 to add some level of intent to prohibited actions.

----------------------------------

February 13, 2023  

While our terms of service make it clear that Scoir does not receive any confidential or protected data from our college customers, we do provide for the transmission data from students to colleges (e.g., applications), from colleges to students and parents/guardians (e.g., messages), and between colleges and high schools (e.g., application materials and visits). We also collect data individually and in the aggregate regarding applications, admissions, and enrollments that may be confidential. Therefore, we added language that addresses the data privacy and security measures we take to protect all data on the Scoir platform.

----------------------------------

February 6, 2023  

1. If we use any third-party services, we're responsible to make sure the third-party services work appropriately.

2. In the unlikely event you create content that we determine to be incorrect or inappropriate, we'll notify you prior to removing it so that you have an opportunity to correct it.

3. In Section 3.9(e), we increased our burden of proof regarding restrictions of use.

4. If we invoice you for fees that you don't agree with, we'll work with you to resolve the matter.

5. We won't terminate your access to our services for not paying fees that we're working to resolve.

6. In the unlikely event we decide to suspend one of your users due to a violation of our terms of service, we'll provide you an opportunity to correct the matter.

7. We now indemnify you against our breach of law and/or the terms of service.

8. In our list and description of products and services in Schedule 1, we clarified that, if we transmit applications to you, we're transmitting any PII contained in those applications in accordance with FERPA.

--------------------------------

July 27, 2022  

1. In Section 3.9(c), we added a "reasonability" limitation to actions causing damage to the functionality of our software.

2. We added some clarification language to financial provisions in Section 5.

3. We added caveats to certain provisions needing to be permissible by law.

4. Some more clarification language added.

5. For the avoidance of doubt, you are not precluded from participating in any infringement claim that directly involves you.

6. We used more definitive language to provide greater assurance that any contractual disputes that might arise will be heard in state (not federal) courts in your home state.

7. Since some public institutions are prohibited from providing warranties of any nature, we removed all references to warranties throughout our terms of service...

... including "Product-Specific Terms" in Schedule 1.

---------------------------------

June 29, 2022  

In Schedule 1, Section 2.2., which is applicable to institutions receiving application materials from Scoir, we reiterated our obligations to comply with FERPA requirements regarding the protection of confidential student data.

---------------------------------

June 13, 2022  

1. We removed a provision that allowed us to modify the terms of service and seek your acceptance of those modifications. Now, the terms of service in effect on the date you receive an Order Form will remain in effect for the duration of the subscription term listed on that Order Form.

2. We replaced some "legalistic" language in Section 3.9 with more straightforward wording.

---------------------------------

June 6, 2022  

1. We clarified that Scoir will not suspend services to a customer when there exists an honest dispute over amounts invoiced.

2. Our indemnification provision extends to your trustees.

3. We clarified in Schedule 1 how our Application Integration services work, making a distinction between Initiated Form (which is applicant data we provide you) and Submitted Form (which is the fully completed application for admission). In some instances these might be the same but often an applicant will have further information to provide on your institutional app. For the avoidance of doubt, fees are charged per Submitted Form, i.e. you pay for completed applications only.

---------------------------------

May 27, 2022  

We updated Section 4.1 to correct the fact that we evaluate our product conformance to Accessibility guidelines using Web Content Accessibility Guidelines (WCAG) 2.1 standards, not version 2.0 standards.

-------------------------------

April 1, 2022  

We restructured our terms of service to account for the fact that Scoir now offers our college and university customers multiple products and services. These revised terms enable customers to subscribe to the specific products they want to use as part of the services we provide, rather than assume all customers use all product features we offer. View mark-up showing all changes made to new terms of service.

--------------------------------

How did we do?

Revision History to Scoir's High School Terms of Service

Contact