Legal

Terms of Service

Effective date: July 1, 2026

These Terms of Service ("Terms") govern access to and use of the EvalCamp special-education evaluation workflow platform, website, and related services (the "Service"), provided by NetDev Studio, LLC d/b/a EvalCamp ("EvalCamp," "we," "us," or "our"), located in Austin, Texas.

Where a signed order form, master services agreement, or Data Privacy Agreement ("DPA") exists between EvalCamp and a District, that signed agreement controls over any conflict with these Terms.

1. Acceptance of these Terms

By accessing or using the Service, or by clicking to accept these Terms, you agree to be bound by them. If you use the Service on behalf of a school district or other organization ("District" or "Customer"), you represent that you are authorized to bind that organization, and "you" refers to that organization. If you do not agree, do not use the Service.

The Service is a business tool intended for use by Districts and their authorized staff. It is not intended for use by students or the general public, and no one under 18 may create an account.

2. Definitions

  • "Customer" / "District" — the educational agency that subscribes to the Service.
  • "Authorized User" — a District staff member or contractor the District invites and permits to use the Service.
  • "Service Data" — student and school data the District enters into or has EvalCamp collect through the Service, as described in the Privacy Policy and the DPA.
  • "DPA" — the Data Privacy Agreement between EvalCamp and the District governing Service Data.
  • "Order" — an order form, quote, proposal, or purchase order describing the subscription tier, fees, and term.

3. The Service

EvalCamp provides a cloud-based platform that helps a District's special-education staff track evaluation timelines, coordinate tasks and to-dos, manage referrals, and distribute and track evaluation-related forms to parents/guardians and staff. Features, tiers, and limits are described in the applicable Order and in our documentation, and may evolve over time. We may update, add, or remove features provided we do not materially reduce the core functionality of a paid subscription during its term.

4. Accounts and Authorized Users

  • Accounts are provisioned by invitation. A District administrator invites Authorized Users and manages their roles, permissions, and deactivation.
  • You must provide accurate account information, keep credentials confidential, and are responsible for all activity under your account.
  • You must notify us promptly of any unauthorized access or security incident involving your credentials.
  • The District is responsible for its Authorized Users' compliance with these Terms and for all use of the Service under its account.

5. Orders, fees, and payment

  • Subscriptions are sold on an annual basis by tier, as set out in the applicable Order.
  • The Service does not process payments online. Fees are billed by invoice or against a District purchase order; there is no in-app payment or stored payment-card processing.
  • Unless an Order states otherwise, fees are invoiced in advance, due within thirty (30) days of the invoice date, and are non-refundable except as expressly stated.
  • Fees are exclusive of taxes; the Customer is responsible for applicable taxes other than taxes on EvalCamp's net income.
  • Renewal. Unless an Order states otherwise, subscriptions renew automatically for successive one-year terms unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current term.
  • Price changes take effect on renewal, with prior written notice.

6. Customer responsibilities and Service Data

The District, not EvalCamp, controls what Service Data is entered and who may access it. The District represents and agrees that:

  • It has the authority and legal basis to provide Service Data to EvalCamp and to have EvalCamp process it, including any consents or notices required under FERPA, COPPA, the Texas Education Code, and other applicable laws;
  • It will designate EvalCamp as a "school official" with a "legitimate educational interest" to the extent it relies on that FERPA exception;
  • It will maintain the accuracy of Service Data and manage its users' access appropriately; and
  • It will not use the Service to store data categories outside the intended scope of the Service or the DPA.

Ownership. As between the parties, the District retains sole ownership of Service Data. EvalCamp holds Service Data solely as a processor and custodian, acquires no ownership rights in it, and handles it per the Privacy Policy and the DPA, which are incorporated by reference. In the event of a conflict regarding Service Data, the signed DPA controls.

7. Acceptable use

You agree not to, and not to permit anyone to:

  • Use the Service in violation of law or third-party rights, or to store data outside the scope permitted by the DPA;
  • Access the Service to build a competing product, or reverse engineer, decompile, or copy it except as permitted by law;
  • Probe, scan, or breach security; circumvent access controls; or access data you are not authorized to access;
  • Upload malware or disrupt the integrity or performance of the Service;
  • Resell, sublicense, or provide the Service to third parties except the District's own Authorized Users; or
  • Use the Service to send unlawful, harassing, or deceptive communications.

We may suspend access to address a material security risk, legal requirement, or violation of this section, with notice where practicable.

8. Intellectual property

EvalCamp and its licensors own all rights in the Service, including its software, design, and content. Subject to these Terms and payment of applicable fees, we grant the District a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the subscription term for its internal educational purposes. No rights are granted except as expressly stated.

Feedback. If you give us suggestions or feedback, we may use them without restriction or obligation to you.

9. Confidentiality

Each party may receive confidential information of the other. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and disclose it only to personnel or subprocessors with a need to know who are bound by comparable obligations. This section does not apply to information that is public through no fault of the receiver, independently developed, or rightfully obtained from a third party. Service Data is additionally governed by the DPA and Privacy Policy.

10. Third-party services

The Service relies on third-party subprocessors (listed in the Privacy Policy) and may link to or interoperate with third-party systems (for example, external records folders a District links to). We are not responsible for third-party services or content, and your use of them is governed by their terms.

11. Demos, trials, and sandboxes

We may offer demonstration accounts, trials, or conference "sandbox" environments. These are provided "as is" for evaluation only and are pre-populated with synthetic sample data only. Do not enter real student data into a demo or sandbox environment. Sandbox environments expire and are automatically deleted, and may be modified or terminated at any time without notice.

12. Warranties and disclaimers

We will provide the Service with reasonable skill and care and in accordance with the DPA. We do not offer a specific uptime service-level guarantee. We aim to keep the Service available and to provide reasonable support during normal business hours, but the Service may be unavailable from time to time for maintenance, updates, or causes beyond our control.

Except as expressly stated, the Service is provided "AS IS" and "AS AVAILABLE." To the fullest extent permitted by law, EvalCamp disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that it will independently ensure the District's legal or regulatory compliance — the District remains responsible for its own compliance obligations, including special-education timelines and FERPA.

13. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising out of or related to these Terms. Except for the Excluded Claims below, each party's total aggregate liability arising out of or related to these Terms will not exceed the fees paid or payable by the District to EvalCamp in the twelve (12) months preceding the event giving rise to the claim.

Excluded Claims (not subject to the cap or the exclusion of damages above): (a) a party's indemnification obligations; (b) EvalCamp's breach of its data-protection or confidentiality obligations under the DPA or these Terms, including a breach of Service Data caused by EvalCamp's failure to maintain reasonable security; and (c) a party's willful misconduct.

14. Indemnification

By EvalCamp. EvalCamp will indemnify, defend, and hold the District harmless from third-party claims arising from EvalCamp's breach of these Terms or the DPA, or its negligent or unauthorized use or disclosure of Service Data, consistent with the indemnification terms of the DPA.

By the Customer. The District will indemnify, defend, and hold EvalCamp harmless from third-party claims arising from (a) the District's provision of Service Data without the authority, consents, or legal basis required by law, (b) the District's or its Authorized Users' use of the Service in violation of these Terms or applicable law, or (c) content the District enters into the Service. This does not require the District to indemnify EvalCamp for EvalCamp's own breach or negligence, and applies only to the extent permitted by applicable law.

15. Term, suspension, and termination

  • These Terms apply for as long as you use the Service or have an active subscription.
  • Either party may terminate a subscription as set out in the applicable Order or DPA; absent an Order term, either party may terminate on thirty (30) days' written notice.
  • We may suspend or terminate access for material breach, non-payment, or legal or security necessity.
  • On termination, EvalCamp will export Service Data to the District in CSV within fifteen (15) days of request and permanently delete it (including backups) within thirty (30) days, providing certification of destruction, as set out in the DPA and Privacy Policy.
  • Sections that by their nature should survive (ownership, confidentiality, accrued fees, disclaimers, liability limits, indemnification, and data-deletion obligations) survive termination.

16. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules.

Before filing any claim, the parties will attempt in good faith to resolve the dispute informally by written notice and discussion between authorized representatives for at least thirty (30) days. If the dispute is not resolved, the parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas.

Nothing in this section limits a party's ability to seek injunctive relief for misuse of intellectual property or confidential information.

17. Changes to these Terms

We may update these Terms from time to time. For material changes, we will provide reasonable notice (for example, by email or in-app notice). Continued use after the effective date constitutes acceptance. Where a signed Order or DPA specifies a change process, that process controls for that Customer.

18. General

  • Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all assets, subject to the confidentiality and data-protection commitments here and in the DPA.
  • Force majeure. Neither party is liable for delays or failures due to causes beyond its reasonable control.
  • Notices. Notices must be in writing to the contacts on the applicable Order or to the addresses in Section 19.
  • Entire agreement. These Terms, together with the Privacy Policy, any Order, and any signed DPA or master agreement, constitute the entire agreement between the parties on this subject. In case of conflict, a signed Order, DPA, or master agreement controls, then these Terms, then the Privacy Policy.
  • Severability and waiver. If any provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver.

19. Contact us

NetDev Studio, LLC (EvalCamp)
Austin, Texas
Email: [email protected] · [email protected]