General terms for using the platform and related services

Acceptance of these terms

By accessing or using the WhyDive Education site or related WhyDive services, you agree to use the service in accordance with these Terms of Use, the Privacy Policy, the Acceptable Use Policy, and any applicable instructions, school procedures, district requirements, or contractual conditions that govern your access. If you do not agree to these terms, you should not use the service.

Who these terms apply to

These terms apply to public-site users, district administrators, school leaders, teachers and staff, students, support users, and customers who use WhyDive educational service experiences through this site or connected services.

Contract hierarchy and district agreements

These Terms of Use are general platform terms. If a school, district, educational institution, subscriber, or commercial customer has a separate written agreement with WhyDive, that separate agreement may govern the relationship more specifically for the services covered by that agreement. In the event of a direct conflict, the written institutional or commercial agreement generally should control for the covered subject matter, while these terms continue to apply to general site access and other uses not displaced by that agreement.

Authorized access and permitted use

The platform is intended for authorized educational, operational, administrative, support, and purchasing use. Users may access the service only for lawful purposes consistent with their assigned role, permissions, and any applicable institutional or contractual restrictions.

Accounts, credentials, and launch access

Users are responsible for maintaining the confidentiality of account credentials, launch codes, secure links, access tokens, and other authentication or session mechanisms provided to them. Users must promptly report suspected unauthorized access and must not share credentials in ways that compromise student privacy, assessment integrity, reporting accuracy, purchasing controls, or platform security.

Assessment scope and limitations

The platform is designed to measure and report data literacy skill through the WhyDive Education experience and related reporting outputs. diagnostic placements, reporting views, and related analysis are intended to support educational interpretation and implementation review within that scope. They are not guarantees of any particular academic, testing, or commercial outcome.

Unless otherwise expressly stated in a separate written agreement, WhyDive does not represent that diagnostic scores predict, guarantee, or are directly correlated with standardized test performance, accountability outcomes, admissions outcomes, or other external measures. Districts, schools, educators, and other users remain responsible for their own interpretation and use of results.

Data ownership and platform outputs

Data ownership and control may vary by context. In school or district implementations, student, roster, reporting, and related educational records may be controlled by the relevant educational institution, subject to applicable law and contract. WhyDive may retain rights in the platform, scoring systems, methodologies, templates, workflows, and underlying service infrastructure used to produce the service.

These terms do not transfer ownership of WhyDive’s platform, assessment framework, diagnostic methodology, scoring logic, content, templates, service materials, or related intellectual property. Rights to use reports, outputs, or materials may also be shaped by district agreements, subscriber agreements, purchase terms, or other applicable written arrangements.

Intellectual property and license limits

The platform, including assessment content, reporting formats, service materials, software, design elements, scoring methods, trademarks, and related content, is owned by WhyDive or its licensors and is protected by applicable intellectual property laws. Subject to these terms and any separate written agreement, WhyDive grants only a limited, revocable, non-exclusive, non-transferable right to access and use the service for authorized purposes.

Users may not copy, reproduce, republish, redistribute, resell, reverse engineer, or create derivative works from protected content or services except as expressly authorized by WhyDive or applicable law.

Purchases, payments, and refunds

If WhyDive offers educational materials, subscriptions, or other items for purchase through a service workflow, additional purchase terms, order details, fulfillment terms, refund conditions, or payment-processor terms may apply. Store users are responsible for providing accurate purchasing information and using the purchasing workflow lawfully and in good faith.

Refund, return, cancellation, shipping, fulfillment, and digital-goods rules may depend on the item purchased and the applicable checkout or commercial terms. Those rules should be documented separately where purchases are offered.

Restrictions on misuse

Users must not interfere with the service, attempt to bypass security or role-based access controls, scrape restricted content at scale, introduce malicious code, manipulate assessment sessions or reporting outputs, misrepresent institutional affiliation, engage in fraudulent purchasing behavior, or use the site in a way that could harm the platform, its users, or the integrity of educational or operational outcomes.

Availability, modifications, and service changes

Features, workflows, interfaces, service offerings, content, and operational practices may change over time. WhyDive may modify, suspend, or update parts of the service for security, maintenance, compliance, reliability, vendor dependency, product improvement, or other operational reasons.

Suspension and termination

WhyDive may investigate suspected misuse and may suspend or terminate access when reasonably necessary to protect the platform, students, institutions, customers, or other users; to respond to legal obligations; to address nonpayment or contractual breach; or to enforce these terms or other applicable agreements. Institutional agreements may also define additional suspension, offboarding, renewal, nonrenewal, data return, or deletion terms that apply to the relevant customer.

Disclaimers

Except as otherwise required by applicable law or express written agreement, the service is provided on an as available and as is basis. Educational interpretation, implementation decisions, student support decisions, district use of reports, and purchasing decisions remain subject to local review, professional judgment, and any separately applicable contractual commitments.

Limitation of liability

To the extent permitted by applicable law and except as otherwise expressly provided in a written agreement, WhyDive is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from or related to site access, interruptions, delays, third-party systems, credential misuse, purchasing disputes, or unauthorized access caused in whole or in part by factors outside reasonable operational control.

Governing law and disputes

These terms should be supplemented with a final governing-law and dispute-resolution provision once WhyDive confirms the preferred jurisdiction and how that clause should interact with district or subscriber agreements. Where a separate written agreement includes governing law, venue, dispute resolution, or procurement-related terms, that agreement may control for the covered relationship.

Changes to these terms

WhyDive may update these terms as the platform and related commercial offerings evolve. Material changes should be communicated through reasonable notice, which may include posting the revised terms here and using account, district, or other operational notice channels when appropriate, rather than relying only on silent continued use.

Important draft note

This is a stronger product-specific draft than the earlier placeholder terms, but it still should be reviewed by qualified counsel before launch, especially with respect to governing law, district contract hierarchy, data ownership language, service purchase terms, termination, and student-data obligations.