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Feedback Forward Terms and Conditions

Effective Date: May 1, 2026

These Terms of Service (“Terms”) govern your use of the Feedback Forward web application and related services (the “Service”) provided by Opportunity Education (“OE”). Our Privacy Policy www.opportunityeducation.org/terms-conditions explains how we collect and use your personal information. By using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of a school, school district, or other educational institution, you are agreeing to these Terms on behalf of that organization. You thereby also represent and warrant that you have the authority to bind that organization to this Agreement, and the terms “you” and “your” shall refer to that organization and its authorized users.

 

1. The Service

OE provides the Feedback Forward platform, a web-based assessment and feedback tool designed for use in educational settings. The Service enables educators (teachers, professors, school administrators) to create and administer exit tickets, quizzes, assessments, and other education materials; collect and review student responses; and access insights about student performance and engagement.

OE may, at its discretion, update, modify, or discontinue features of the Service at any time. OE will make reasonable efforts to provide advance notice of material changes that affect active users.

 

2. Eligibility and Account Registration

  1. Educators. To create an account, educators must be at least 18 years of age and must be employed by or affiliated with an educational institution. By registering, you represent that you meet these requirements and that the information you provide is accurate and complete.
  2. Students. Students do not create independent accounts; their access is provisioned and managed by the educator or school. Student accounts exist solely in the context of a educator- or school-authorized use of the Service; students may not use the Service independently of an educational relationship with a participating educator or school. Schools and educators are responsible for obtaining any required consents under applicable law before students create accounts or use the Service, including under the Children’s Online Privacy Protection Act (COPPA) and the Family Educational Rights and Privacy Act (FERPA).
  3. Account Responsibility. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify OE immediately at support@opportunityeducation.org if you become aware of any unauthorized access to or use of your account. OE is not liable for losses arising from unauthorized use of your account credentials.
  4. Accurate Information. You agree to provide accurate, current, and complete information at registration and to update that information as necessary to keep it accurate.

 

3. License to Use the Service

  1. Grant of License. Subject to these Terms, OE grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for educational purposes.
  2. Restrictions. You may not:
      • Copy, reproduce, distribute, or create derivative works of the Service or its underlying software,
      • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service,
      • Rent, lease, lend, sell, sublicense, or otherwise transfer access to the Service to any third party,
      • Use the Service for any commercial purpose unrelated to its educational function,
      • Use the Service in any manner that violates applicable law or the rights of any third party,
      • Attempt to gain unauthorized access to any part of the Service or its related systems, or
      • Use automated means to access or collect data from the Service without OE’s prior written consent.
  3. Future Updates. OE may provide updates or upgrades to the Service from time to time. These Terms apply to any such updates unless they are accompanied by a separate agreement, in which case the terms of that separate agreement will govern.

 

4. Content and Intellectual Property

  1. OE Intellectual Property. The Service, including its software, design, user interface, graphics, AI features, and all content created or provided by OE, is owned by OE and protected by applicable copyright, trademark, and other intellectual property laws. You are granted no rights in OE’s intellectual property except the limited license set forth in these Terms.
  2. Licensing of Educator-Submitted Content. Educator may create assessments, questions, exit tickets, and other instructional content using the Service. By submitting content to the Service–such as questions or ideas–you grant OE a world-wide, perpetual, irrevocable, royalty-free license to copy, use, adapt, publish, and distribute such content through any media (with right to sublicense through multiple tiers). OE may also use content you submit for (i) operating, maintaining, and improving the Service; (ii) providing you and your students with access to content submitted through the Service; and (iii) developing anonymized, de-identified, or aggregated content libraries, benchmarking tools, or instructional resources that do not identify you or your students, subject to the conditions throughout these Terms.
  3. Student Submissions. Student responses, feedback, and other content submitted through the Service (“Student Data”) remain the property of the student and the school, as applicable, and are governed by OE’s Privacy Policy and applicable law. OE does not claim ownership of Student Data.
  4. De-Identified and Aggregate Use. OE may use de-identified or aggregated data derived from Educator Content and Student Data for product improvement, anonymized benchmarking, and reporting purposes, as further described in OE’s Privacy Policy. Such use will not identify any individual educator, student, or school.
  5. OE Trademarks. “Feedback Forward” and the associated logos are trademarks of Opportunity Education Foundation. You may not use OE’s trademarks without prior written permission.

 

5. Acceptable Use

You agree to use the Service only for lawful educational purposes and in a manner consistent with these Terms. You agree not to:

  • Submit content that is false, misleading, harassing, abusive, defamatory, obscene, or otherwise objectionable,
  • Use the Service in any way that could harm students, including submitting content that is inappropriate for the age group using the Service,
  • Attempt to circumvent any security or access control features of the Service,
  • Use the Service to collect information about other users for unauthorized purposes, or
  • Violate any applicable federal, state, or local law, including student privacy laws.

OE reserves the right to investigate suspected violations of these Terms and to take appropriate action, including suspending or terminating access to the Service.

 

6. Subscription, Fees, and Billing

  1. Free Tier. OE offers a free tier of the Service with access to core features as described on Feedback Forward’s website. No payment information is required to use the free tier.
  2. Paid Subscriptions. Certain features are available only through a paid subscription. Current pricing and plan details are available at [URL]. By subscribing to a paid plan, you agree to pay the applicable fees as described at the time of purchase.
  3. Billing. Paid subscriptions are billed in advance on a monthly or annual basis, as selected at the time of purchase. You authorize OE or its payment processor to charge your designated payment method for applicable fees.
  4. Cancellation and Refunds. You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period. OE does not provide refunds for partial subscription periods except as required by applicable law.
  5. Changes to Pricing. OE reserves the right to modify subscription pricing. OE will provide reasonable advance notice of price changes before they take effect for existing subscribers.
  6. School and District Plans. School and district subscriptions are governed by the terms of a separate agreement between OE and the applicable institution. In the event of a conflict between these Terms and a signed school or district agreement, the terms of the school or district agreement will control.

 

7. Privacy

Your use of the Service is subject to OE’s Privacy Policy, available at [URL]. OE’s collection, use, and protection of personal information, including Student Data, is governed by the Privacy Policy and applicable law. In the event of a conflict between these Terms and the Privacy Policy with respect to data practices, the Privacy Policy controls.

 

8. Third-Party Services and Links

The Service may integrate with or link to third-party services, including Google Classroom, Clever, and other platforms. OE is not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is governed by those services’ own terms and policies. OE does not endorse any third-party services made accessible through the Service.

 

9. No Warranties

The Service is provided “as is” and OE specifically disclaims all warranties including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

OE does not warrant that the service will be uninterrupted, error-free, or free from viruses or other harmful components, or that any defects will be corrected. OE does not warrant the accuracy, completeness, or usefulness of any content or information provided through the service, including generated insights, which are provided for informational purposes only and do not constitute professional or educational advice.

 

10. Limitation of Liability

Unless prohibited by law, OE and its officers, employees, and agents shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or business interruption, arising out of or related to your use of or inability to use the service, however caused and regardless of the theory of liability.

OE’s total liability to you for all claims arising out of or related to this agreement or the service shall not exceed the greater of (i) the amount you paid to OE in the twelve months preceding the claim, or (ii) fifty dollars ($50.00).

 

11. Indemnification

You agree to indemnify and hold harmless OE and any of its representatives from and against any claims, including reasonable attorneys’ fees, arising out of or related to: (i) your breach of these Terms; (ii) your use of the Service in violation of applicable law; (iii) Educator Content or other content you submit through the Service that infringes the rights of a third party; or (iv) your failure to obtain required consents for student use of the Service.

 

12. Termination

  1. By You. You may terminate your account at any time by contacting OE at support@opportunityeducation.org or through your account settings. Upon termination, your license to use the Service will cease.
  2. By OE. OE may suspend or terminate your access to the Service at any time, with or without notice, if OE reasonably believes you have violated these Terms, applicable law, or if OE discontinues the Service. OE will make reasonable efforts to provide advance notice of service discontinuation.
  3. Effect of Termination. Upon termination, OE will handle your data and any Student Data associated with your account in accordance with the Privacy Policy and applicable law. Sections 4, 7, 9, 10, 11, 13, and 14 of this Agreement survive termination.

 

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Nebraska, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Nebraska, and you consent to the personal jurisdiction of those courts. Your use of the Service may also be subject to other applicable federal, state, or local laws.

 

14. General Provisions

  1. Entire Agreement. This Agreement, together with OE’s Privacy Policy and any applicable school or district agreement, constitutes the entire agreement between you and OE regarding the Service and supersedes all prior agreements or understandings on that subject.
  2. Modifications. OE reserves the right to modify this Agreement at any time. OE will provide notice of material changes by posting the updated Agreement on the Service and updating the effective date. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Agreement.
  3. Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
  4. Waiver. OE’s failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
  5. Assignment. These Terms and any rights and licenses granted under these Terms may not be transferred or assigned by you without OE’s prior written consent. OE may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, subject to the same privacy commitments set forth in the Privacy Policy.
  6. Notices. OE may provide notices to you by email to the address associated with your account or by posting a notice on the Service. Notices are effective upon transmission. You may provide notices to OE at support@opportunityeducation.org.
  7. Contact. Questions about these Terms may be directed to OE at support@opportunityeducation.org.