EDBETTER APPLICATION – USER TERMS AND CONDITIONS

Last Updated: October 6, 2025

1. Introduction

These Terms and Conditions (“Terms”) govern your use of the EdBetter web and mobile applications, associated services, and related content (collectively, the “Platform”).

By creating an account, accessing, or using the Platform, you (“User”) agree to be bound by these Terms and acknowledge that your access to the Platform is provided under and subject to the Contract between EdBetter, Inc. (“EdBetter,” “we,” “our”) and your employing or sponsoring organization (the “Client”).

If you do not agree to these Terms, do not access or use the Platform

2. Definitions

For purposes of these Terms:

a. “Client” means the school district, education organization, or other entity that has executed the Contract with EdBetter authorizing use of the Platform by its designated staff, contractors, or affiliates.

b. “User” means any individual authorized by the Client to access or use the Platform under the Client’s license.

c. “Content” means all text, data, reports, documents, feedback, comments, or other materials uploaded, entered, or otherwise made available through the Platform.

d. “Services” means the features and functions made available by EdBetter through the Platform.

e. “Contract” means the executed agreement between EdBetter and the Client that governs the overall terms of service, data privacy obligations, and payment terms.

3. Relationship to the Contract

Your access to and use of the Platform are expressly conditioned on, and governed by, the Contract between EdBetter and the Client. The Contract governs all services, deliverables, data handling, and privacy requirements related to your organization’s use of the Platform.

By using the Platform, you:

• Confirm that you are an Authorized User under the Client’s Contract;

• Agree to comply with the Contract’s applicable provisions, including those related to confidentiality, data use, and intellectual property; and

• Acknowledge that your access rights are derived from the Client’s license and may be revoked at any time by the Client or EdBetter.

In the event of any conflict between these Terms and the Contract, the Contract prevails.

4. License and Access Rights

EdBetter grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your professional responsibilities on behalf of the Client, consistent with the Contract.

You may not:

• Use the Platform for any personal, commercial, or competitive purpose;

• Share your login credentials or allow unauthorized access;

• Copy, modify, reverse engineer, or create derivative works from the Platform; or

• Interfere with or disrupt the operation of the Platform or connected networks.

EdBetter and its licensors retain all rights, title, and interest in and to the Platform, including all intellectual property rights.

5. User Responsibilities

You agree to:

a. Use the Platform only in compliance with applicable laws, regulations, and organizational policies;

b. Maintain the confidentiality of your login credentials and promptly report any unauthorized access;

c. Input accurate information and use reasonable care when entering or reviewing data; and

d. Not upload or share materials that are illegal, infringing, defamatory, or otherwise inappropriate.

Violation of these responsibilities may result in suspension or termination of your access.

6. Data and Privacy

EdBetter’s handling of personal information, including student or teacher data, is governed by the Data Protection and Privacy provisions of the Contract and by EdBetter’s Privacy Policy (available upon request by emailing admin@edbetter.com.).

In general:

• EdBetter acts as a Software as a Service (SaaS) provider on behalf of the Client.

• The Client remains the data owner and determines the purposes and means of data processing.

• EdBetter processes data only for the purposes described in the Contract and in compliance with applicable laws such as the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), and relevant state data privacy statutes.

• Users must not export, copy, or share student or staff data outside of authorized systems or channels.

If you suspect a data breach or unauthorized access, promptly notify your organization’s administrator or EdBetter at admin@edbetter.com.

7. Third-Party Services and Integrations

The Platform may link to or integrate with third-party tools, such as learning management systems, rostering systems, or analytics providers. Use of such tools is subject to their own terms and policies. EdBetter is not responsible for the availability, accuracy, or performance of third-party services.

8. Platform Updates and Modifications

EdBetter may modify, enhance, or discontinue certain Platform features. We will make reasonable efforts to notify the Client of significant changes. Your continued use of the Platform after updates constitutes acceptance of the modified Platform or Terms.

9. Termination and Suspension

Your access automatically ends when:

a. The Client’s Contract or license expires or is terminated;

b. The Client revokes your authorization; or

c. You violate these Terms or applicable law.

Upon termination, EdBetter may deactivate your credentials and delete or anonymize associated data in accordance with its data retention schedule and the Contract.

10. Intellectual Property and Feedback

All content, trademarks, logos, and intellectual property in the Platform remain the exclusive property of EdBetter or its licensors. You may not use EdBetter’s marks or branding without prior written consent.

If you provide feedback or suggestions about the Platform, you grant EdBetter exclusive, royalty-free, perpetual license to use that feedback to improve its products and services without compensation.

11. Warranty Disclaimer

The Platform is provided “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

EdBetter does not guarantee that the Platform will be uninterrupted, error-free, or secure.

12. Limitation of Liability

To the fullest extent permitted by law:

• EdBetter shall not be liable for any indirect, incidental, consequential, or special damages (including lost profits or data) arising from or relating to your use of the Platform.

• EdBetter’s total cumulative liability for all claims shall not exceed the portion of fees allocable to your individual use under the Client’s Contract during the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless EdBetter, its affiliates, officers, and employees from any claims, damages, or liabilities arising from your violation of these Terms or misuse of the Platform.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, excluding its conflict-of-law principles. Any disputes arising under these Terms shall be resolved under the procedures set forth in the Contract between EdBetter and the Client.

15. Notices

Notices related to these Terms may be provided by:

• Email to your registered address;

• In-app notifications; or

• Posting updates within the Platform.

Official correspondence to EdBetter should be directed to:

EdBetter, LLC.

Attn: Legal Department

Email: admin@edbetter.com

16. Modifications to These Terms

EdBetter may revise these Terms periodically. We will notify Clients and Users of material updates via the Platform or by email. Your continued use of the Platform after such updates constitutes acceptance of the revised Terms.

17. Miscellaneous

a. Severability: If any provision is found invalid, the remainder of this Agreement remains enforceable.

b. Waiver: Failure to enforce any provision does not constitute a waiver of any rights or liabilities.

c. Entire Agreement: These Terms, together with the Contract and Privacy Policy, represent the entire understanding between you and EdBetter concerning Platform use.

d. Force Majeure: EdBetter is not liable for delays or failures caused by events beyond its control, including natural disasters, system outages, labor disputes, or governmental actions.

18. Acceptance

By clicking “I Agree,” creating an account, or using the EdBetter Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and by the Contract that governs your organization’s relationship with EdBetter.