Terms of Service

1. Definitions

“Customer” means the school, educational institution, or other organization that enters into an agreement with Candle to use its services.

“User” means any authorized person who accesses or uses the services, including administrators, teachers, staff, students, parents, guardians, and other individuals authorized by the Customer.

“Services” means Candle's websites, school information system software, and related services, including Candle Primary and Candle K–12, as applicable to the Customer's subscription.

“Customer Data” means information submitted to or maintained within the Services by or on behalf of a Customer or its authorized Users, including student, parent, guardian, staff, academic, attendance, and administrative records.

“Content” means information, text, documents, images, files, records, messages, and other materials submitted to or made available through the Services.

2. Use of the Services

Candle provides school information system software to help educational institutions manage school information and administrative processes.

Customers and Users may access and use the Services only for authorized purposes and in accordance with these Terms, the applicable subscription, and applicable law.

Customers are responsible for obtaining and maintaining the equipment, internet access, and other resources necessary to use the Services. Customers are also responsible for ensuring that their use of the Services complies with applicable laws and that Users are authorized to access the information and features made available to them.

Users may not attempt to access Candle systems, accounts, programs, or data for which they have not been authorized.

3. Registration and Account Information

Customers and Users must provide accurate and complete information when registering for or using the Services and must update that information when necessary to keep it current.

Candle may restrict or suspend an account if information provided is materially inaccurate, incomplete, misleading, or reasonably suspected to be fraudulent, subject to applicable law and any relevant contractual obligations.

Customers are responsible for managing their organization's accounts, designating authorized administrators, and ensuring that Users have appropriate access.

4. Acceptable Use

Customers and Users agree not to:

• Use the Services in violation of applicable law or the rights of another person.
• Access or attempt to access accounts, systems, or data without authorization.
• Circumvent security controls or interfere with the operation or availability of the Services.
• Upload malicious code or other harmful material.
• Use the Services to transmit unlawful, fraudulent, or unauthorized content.
• Copy, resell, sublicense, or commercially exploit the Services except as expressly permitted by Candle in writing.
• Reverse engineer, decompile, or attempt to obtain source code from the Services, except to the extent such restriction is prohibited by applicable law.
• Use the Services to access or disclose another Customer's information without authorization.

Candle may investigate suspected violations and take reasonable action to protect the Services, Customers, Users, and their data.

5. Access, Passwords, and Security

Customers are responsible for managing access to their accounts, assigning appropriate permissions, and ensuring that account credentials are kept confidential.

Users must not share credentials in a manner that compromises account security. Customers and Users should promptly notify Candle if they become aware of suspected unauthorized access, loss of credentials, or other security concerns.

Candle may implement authentication, access controls, monitoring, and other security measures to protect the Services.

Candle personnel may access Customer Data when reasonably necessary to provide technical support, maintain the Services, investigate issues, or fulfill other authorized operational responsibilities, subject to applicable agreements and law.

6. General Practices Regarding Use, Storage, and Service Access

Candle may establish reasonable technical and operational limits concerning the use of the Services, including storage, supported software versions, system access, and other requirements necessary to maintain service performance and security.

Candle may perform maintenance, updates, backups, and other operational activities as necessary to provide and improve the Services.

Customers are responsible for reviewing their records and maintaining any additional copies of information they are required or choose to retain. This does not reduce Candle's obligations concerning Customer Data under the applicable Customer Agreement or DPA.

Candle will handle service interruptions, data recovery, and other operational issues in accordance with its applicable contractual commitments and support procedures.

7. Third-Party Websites and Services

The Services or Candle's website may contain links to third-party websites, applications, or services.

Candle does not control third-party services and is not responsible for their availability, content, security, or privacy practices. Accessing third-party services is at the User's discretion and may be subject to separate terms and policies.

8. Privacy and Data Processing

Candle's collection and use of personal information are described in the Candle Privacy Policy, available at candle-schools.com/privacy.

The Privacy Policy describes information Candle processes in connection with its website, customer relationships, accounts, and related activities.

When Candle processes personal data on behalf of a school, the applicable Data Processing Agreement governs that processing. The DPA describes the parties' responsibilities concerning school and student data, security, subprocessors, data breaches, and retention or deletion.

The DPA is available at [DPA URL]. Where applicable, it forms part of the agreement between Candle and the Customer.

Customers are responsible for determining that they have the necessary authority to provide Customer Data to Candle and to authorize its processing through the Services.

9. Education and Student Information

Candle's Services may contain education records and other personal information concerning students, parents, guardians, teachers, and school personnel.

Customers are responsible for using the Services in compliance with applicable education privacy and data protection laws, including the Family Educational Rights and Privacy Act (FERPA), the Children's Online Privacy Protection Act (COPPA), applicable state student privacy laws, and other relevant requirements where applicable.

Candle will process student and school information in accordance with the applicable Customer Agreement, DPA, and law.

The Services are tools for school administration. Customers remain responsible for their educational and administrative decisions, the accuracy of the records they maintain, and compliance with their own legal obligations.

10. Modifications to the Services

Candle may update, modify, or discontinue features of the Services as part of ongoing product development, maintenance, or security improvements.

Where a change materially affects a Customer's contracted rights or services, Candle will provide notice or follow the process required by the applicable Customer Agreement and law.

Candle may specify supported browsers, devices, operating systems, or other technical requirements needed to use the Services.

Candle does not guarantee that a requested feature will be developed unless the parties have expressly agreed to that commitment in writing.

11. Modifications to These Terms

Candle may update these Terms to reflect changes in its services, business practices, or legal requirements.

The current version will be published at candle-schools.com/terms with its effective or last-updated date. Where required by law or the applicable Customer Agreement, Candle will provide notice of material changes or obtain acceptance before the changes take effect.

If a change requires Customer consent, the Customer's rights and options will be governed by the applicable agreement and law.

12. Payment

Customers agree to pay the fees specified in their applicable order, subscription agreement, or other written agreement with Candle.

Fees, billing frequency, payment deadlines, taxes, renewal charges, and any applicable setup or implementation charges will be set out in the applicable commercial terms.

Candle will provide notice of changes to subscription fees in accordance with the applicable agreement and law.

13. Suspension and Termination

A Customer's subscription may be suspended or terminated in accordance with the applicable Customer Agreement.

Candle may restrict access where reasonably necessary to address a serious security risk, unlawful use, unauthorized access, non-payment, or a material breach of these Terms or the applicable agreement.

Where practicable and legally permitted, Candle will provide notice and a reasonable opportunity to address the issue before suspending access, except where immediate action is necessary to protect the Services, Customer Data, or other Users.

Upon termination, access to the Services may cease. The return, export, retention, and deletion of Customer Data will be governed by the applicable Customer Agreement, DPA, and law.

Termination does not eliminate fees or other obligations that accrued before termination or provisions that are intended to survive termination.

14. Intellectual Property and Restrictions on Reproduction

Candle and its licensors retain all rights, title, and interest in the Services, including the software, source code, design, documentation, trademarks, and related intellectual property, excluding Customer Data and third-party materials.

Customers receive only the limited rights to access and use the Services granted under their applicable subscription.

Customers and Users may not copy, sell, resell, rent, sublicense, distribute, or create derivative works of the Services except as expressly authorized in writing or as permitted by applicable law.

Customer Data remains subject to the rights and protections described in the applicable Customer Agreement and DPA.

15. Customer Representations and Responsibilities

Customers represent that they have the authority to enter into the applicable agreement and to authorize their Users to access the Services.

Customers are responsible for the lawfulness, accuracy, and appropriateness of the Content they submit, subject to Candle's obligations under the applicable agreements and law.

Customers must not use the Services in a manner that infringes another person's rights or violates applicable law.

16. Indemnification

To the extent permitted by applicable law, each party will be responsible for claims and losses arising from its own breach of these Terms, violation of law, or infringement of another person's rights, subject to the limitations and procedures in the applicable Customer Agreement.

Any specific indemnification obligations, including obligations concerning Customer Data, third-party claims, intellectual property, or security incidents, should be stated in the applicable Customer Agreement.

17. Disclaimer of Warranties

Candle will provide the Services in accordance with the express commitments in the applicable Customer Agreement and any applicable service-level agreement.

Except for express commitments and warranties that cannot lawfully be excluded, the Services and website are provided on an “as is” and “as available” basis to the maximum extent permitted by applicable law.

Candle does not guarantee that the Services will be uninterrupted, error-free, or available at all times unless an applicable written agreement expressly provides otherwise.

Candle does not provide legal advice or guarantee that a Customer's use of the Services will ensure compliance with every law or regulatory requirement applicable to that Customer. Customers remain responsible for their own legal and administrative obligations.

Nothing in these Terms excludes a warranty, right, or remedy that cannot lawfully be excluded.

18. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to the Services or these Terms.

The parties' aggregate liability will be governed by the limitations set out in the applicable Customer Agreement.

Nothing in these Terms limits liability to the extent such limitation is prohibited by applicable law.

19. Exclusions and Limitations

Certain jurisdictions do not permit the exclusion of particular warranties or the limitation of certain types of liability. In those jurisdictions, the exclusions and limitations in these Terms apply only to the extent permitted by applicable law.

20. Dispute Resolution

The parties will first attempt to resolve disputes arising out of these Terms or the Services through good-faith discussions.

Nothing in this section removes any rights that cannot lawfully be waived or restricts access to a court or other forum where such restriction is prohibited by law.

21. Governing Law and Venue

These Terms and disputes arising under them will be governed by the laws of [GOVERNING JURISDICTION], subject to mandatory legal protections that apply.

The courts of [COURT LOCATION] will have jurisdiction over disputes, unless the applicable Customer Agreement or mandatory law provides otherwise.

22. Reservation of Rights

Candle retains all rights in the Services and its intellectual property that are not expressly granted under these Terms or an applicable written agreement.

Failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.

23. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by applicable law.

24. Section Titles

Section titles are included for convenience and do not affect the interpretation of these Terms.

25. Successors and Assigns

These Terms bind the parties and their permitted successors and assigns. Neither party may assign its rights or obligations except as permitted by the applicable Customer Agreement or law.

26. Entire Agreement

These Terms, together with the applicable Customer Agreement, order, DPA, and any expressly incorporated addenda, govern the relevant use of the Services.

If these Terms conflict with a signed Customer Agreement, the Customer Agreement controls to the extent of the conflict. If the DPA conflicts with these Terms regarding personal data processing, the DPA controls for that subject matter.

27. Survival

Provisions that by their nature are intended to continue after termination—including applicable payment obligations, intellectual property rights, confidentiality, liability provisions, and data protection obligations—will survive to the extent provided in the applicable agreements and law.

28. Contact Information

Questions concerning these Terms may be directed to: