InFocus

Legal

Terms of Service

Effective date: May 21, 2026

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between InFocus Pathways (“InFocus,” “we,” “us,” or “our”) and the school, school district, or organization (“School” or “you”) subscribing to the InFocus Career Assessment Platform (“Platform”).

By signing a Data Processing Agreement (DPA) or activating a subscription, the School represents that it has the authority to enter into these Terms and agrees to be bound by them. Use of the Platform by individual users (School Admins, Counselors, Evaluators) is permitted only under the School’s subscription and subject to these Terms.

2. Subscriptions and Billing

InFocus offers annual subscriptions at the Starter, Professional, and Enterprise tiers as described on the Pricing page. All subscriptions are billed annually in advance. Enterprise subscriptions are invoiced manually; no self-serve payment is available for Enterprise accounts.

Student caps apply per tier (Starter: 100 students; Professional: 500 students; Enterprise: unlimited). Exceeding the student cap will prevent the creation of new student records until the subscription is upgraded. Counselor accounts are unlimited on all tiers.

Subscriptions automatically renew at the end of each annual period unless cancelled at least 30 days before the renewal date. No refunds are issued for unused subscription periods. If a subscription is cancelled, the School’s data will be retained for 90 days and then permanently deleted, subject to any applicable legal retention requirements.

3. School Responsibilities

The School agrees to:

  • Sign and maintain a current Data Processing Agreement before entering any student data
  • Ensure that all authorized users have completed required MFA enrollment
  • Use the Platform only for lawful educational purposes within the School’s jurisdiction
  • Maintain the confidentiality of user credentials and immediately notify InFocus of any suspected unauthorized access
  • Ensure that all student data entered is accurate and that the School has the legal authority to provide that data to InFocus
  • Comply with FERPA, COPPA, and all applicable state student privacy laws
  • Not share access credentials between users; each user must have an individual account

4. Acceptable Use

The Platform may not be used to:

  • Access or attempt to access data belonging to another school or student without authorization
  • Reverse engineer, decompile, or attempt to extract the source code of the Platform
  • Use automated scripts or bots to scrape, test, or interact with the Platform outside normal use
  • Transmit malware, viruses, or malicious code
  • Circumvent or disable any security feature, including MFA requirements or session controls
  • Resell, sublicense, or otherwise provide Platform access to third parties outside the School’s organization

InFocus reserves the right to suspend or terminate accounts that violate these provisions without refund.

5. Data Ownership and Student Records

The School retains ownership of all student education records uploaded to or generated within the Platform. InFocus acts as a school official and data processor under FERPA, processing student data only as directed by and on behalf of the School.

InFocus does not sell student data. Student data is not used for advertising, profiling, or any commercial purpose beyond delivering the Platform services. All scoring and report generation is performed server-side; no student data is transmitted to third parties beyond the subprocessors listed in the DPA.

6. Intellectual Property

The InFocus Platform, including its software, scoring algorithms, report templates, UI, and brand assets, is the exclusive property of InFocus Pathways. The School is granted a limited, non-exclusive, non-transferable license to access and use the Platform during the subscription term.

The Career Interest Battery scoring framework, InFocus Aptitudes scoring tables, Holland RIASEC mappings, and 16 Career Cluster taxonomy used within the Platform are based on publicly available federal career development frameworks. InFocus’ implementation, software, and associated intellectual property are proprietary.

7. Uptime and Service Level

InFocus targets 99.5% monthly uptime for the Platform, excluding scheduled maintenance windows communicated at least 24 hours in advance. Unplanned downtime exceeding 2 hours in a calendar month will result in a pro-rated service credit applied to the next billing period, upon request.

InFocus does not guarantee uninterrupted access and is not liable for disruptions caused by third-party service providers (Supabase, Vercel, etc.), network outages, or events outside our reasonable control.

8. Limitation of Liability

To the maximum extent permitted by applicable law, InFocus’ total liability to the School for any claim arising out of or related to these Terms or the Platform is limited to the fees paid by the School in the twelve months preceding the claim.

InFocus is not liable for indirect, incidental, consequential, or punitive damages, including lost revenue, lost data, or costs of substitute services, even if InFocus has been advised of the possibility of such damages.

9. Indemnification

The School agrees to indemnify and hold InFocus harmless from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from: (a) the School’s violation of these Terms; (b) the School’s violation of any applicable law, including FERPA or COPPA; (c) any claim by a student, parent, or regulatory authority arising from the School’s use of the Platform beyond the scope of InFocus’ instructions.

10. Termination

Either party may terminate the subscription at the end of the current annual period with 30 days’ written notice. InFocus may terminate immediately for material breach (including non-payment, DPA violations, or acceptable use violations) with written notice. Upon termination, the School’s data will be available for export for 90 days, after which it will be permanently deleted.

11. Governing Law

These Terms are governed by the laws of the state in which InFocus Pathways is incorporated, without regard to conflict-of-law principles. Any dispute arising from these Terms shall be resolved in the courts of that state, and both parties consent to personal jurisdiction therein.

12. Changes to Terms

InFocus reserves the right to modify these Terms with 30 days’ advance written notice to the School’s registered email address. Continued use of the Platform after the effective date of the updated Terms constitutes acceptance. If the School does not agree to the updated Terms, it may cancel the subscription before the effective date.

13. Contact

Questions about these Terms should be directed to: [email protected].