TERMS OF SERVICE

1. Definitions
‍
• "ProUnitas” refers to ProUnitas Inc., a Texas nonprofit corporation.
• “Services” rfers to the ProUnitas website and the PurpleSENSE platform, including any applications, tools, and features provided therein.
• “User” or “Users” means authorized personnel granted access to PurpleSENSE, including but not limited to school counselors, administrators, and support staff.
• “District” refers to any school district or educational agency that has entered into an agreement with ProUnitas for the use of PurpleSENSE.
• “Student Data” or “Education Records” refers to records as defined under FERPA that are provided to ProUnitas by Districts or submitted through the Services.

2. Eligibility
You may use the Services only if you are:
• An authorized employee or agent of a District partner, and
• Have been granted login credentials by the District or ProUnitas
Use of the Services is subject to compliance with these Terms and applicable laws and district policies.

3. Acceptable Use
You agree not to:
• Access or attempt to access accounts or data not assigned to you
•  Share login credentials or leave active sessions unattended
• Upload or transmit viruses, malicious code, or unauthorized software
• Disrupt or interfere with the Services’ functionality or performance
• Use the Services for any unlawful or non-educational purpose
We reserve the right to revoke access for violation of these Terms.

4. Data Privacy and FERPA
ProUnitas acts as a school official with a legitimate educational interest under FERPA. All education records are used solely for purposes authorized by the District. You agree not to:
• See our Website Privacy Policy for information about general browsing and cookie usage.
•  See our Platform Privacy Policy for details about our handling of student and user data in the PurpleSENSE platform.

5. Account Security
Users are responsible for maintaining the confidentiality of their login credentials. You agree to notify ProUnitas immediately if you suspect unauthorized access. You are responsible for all activities under your account.

5A. Shared Responsibility for Security
‍ProUnitas maintains robust security practices including encrypted cloud storage, role-based access, multi-factor authentication, and endpoint monitoring. However, security is a shared responsibility. Districts and Users are responsible for:
•  Ensuring that devices used to access PurpleSENSE are secured and compliant with district IT policies
• Managing user access and removing accounts when no longer in use
• Training personnel on data protection and proper use of the platform
• Preventing the injection of unauthorized files or malicious content
• Maintaining compliance with FERPA and other applicable laws at the local level
ProUnitas is not liable for incidents arising from failure to implement these local safeguards. We reserve the right to revoke access for violation of these Terms.

6. Data Ownership
‍All data submitted to PurpleSENSE by or on behalf of a District remains the property of that District. ProUnitas acts as a data processor and does not claim ownership over student or user data. We will retain data only as directed by the District and in accordance with our data retention policies.

7. Service Availability and Support
‍ProUnitas strives to ensure that PurpleSENSE is available 99% of the time, excluding scheduled maintenance. Support is available Monday through Friday, 9:00 a.m. to 5:00 p.m. Central Time, excluding federal holidays. Districts may contact support via the communication channels designated in their agreement or onboarding documentation.

8. Incident Response
In the event of a data incident involving unauthorized access, disclosure, or loss of data, ProUnitas will notify the affected District(s) without undue delay, and in accordance with applicable law and district protocols.

If such an incident is discovered by ProUnitas, the assigned District Success Consultant will immediately contact the District’s designated representative via phone call, text message, and email, using the most recently provided contact information.

Conversely, if the District becomes aware of any potential or actual security incident involving the Services, including suspicious activity, data disclosures, or communications from unknown parties referencing ProUnitas systems or data, the District must immediately notify its assigned District Success Consultant via phone call, text message, and email.

Both parties agree to cooperate in good faith to investigate the incident, mitigate any effects, determine scope, and fulfill any obligations required under FERPA, applicable state or federal laws, or district policies. Unless otherwise agreed in writing, the District is responsible for any required notifications to affected individuals.

9. Intellectual Property
‍All intellectual property associated with PurpleSENSE and the ProUnitas website, including software, designs, trademarks, and content, is the exclusive property of ProUnitas or its licensors. No rights are granted except as explicitly stated in these Terms.

10. Third-Party Services
‍Some components of the Services rely on third-party services (e.g., cloud hosting via Amazon Web Services). While ProUnitas selects trusted vendors, we are not responsible for the terms or availability of those third-party services.

11. Disclaimer of Warranties
‍The Services are provided “as is” and “as available.” ProUnitas disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted service or data accuracy.

12. Limitation of Liability
‍To the maximum extent permitted by law, ProUnitas shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, even if advised of the possibility of such damages.

13. Dispute Resolution
‍Before initiating formal legal proceedings, the parties agree to attempt good faith resolution through informal discussions or mediation. If a dispute cannot be resolved, it will be subject to the exclusive jurisdiction of the state or federal courts located in Harris County, Texas.

14. Force Majeure
‍ProUnitas shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, power outages, labor shortages, or acts of war or terrorism.

15. Changes to These Terms
‍We may update these Terms from time to time. Updates will be posted on this page with a revised “Last Updated” date. Your continued use of the Services constitutes acceptance of the updated Terms.

16. Contact Us
‍
ProUnitas Inc.
‍1801 Main St., Suite 1300
Houston, TX 77002
(713) 955-5924
https://www.prounitas.org