FlashEDU Self-Serve Subscription Agreement for Private Schools

About this agreement

A private school that is not a local educational agency and buys FlashEDU by card signs this agreement, with its Order Form, during setup after payment. It is published here so a buyer can read it before paying. It incorporates the FlashEDU Student Data Privacy Agreement for Private Schools, published at https://edu.flashmath.io/legal/private-school-dpa. School districts, school groups and charter schools sign the FlashEDU Self-Serve Subscription Agreement instead.

The Order Form is shown on screen before signing and printed in the signed copy. It states the organization's name, the Included Student Seats, how many students can be active at the same time, the Annual Base Fee, the Overage Rate for extra seats, the payment terms, the Effective Date, the Initial Term and how to stop the renewal. The checkout states the seats, the at-once limit and the fee before payment.

An organization that pays by invoice or purchase order signs the same agreement under the title FlashEDU Standard Invoice Subscription Agreement, with Section 2 replaced: invoices are due 30 days after they are issued (Net 30), no card is charged, and extra seats are added only by a separately approved Order Form, quote or agreement.

This page shows template version private-school-2026-10-19.1. Each signed copy records the template version it was signed under, and an organization keeps the version it signed.

FlashEDU Self-Serve Subscription Agreement for Private Schools

This Agreement is entered into between FlashMath LLC, an Ohio limited liability company ("Company"), and the private school identified on the Order Form below ("School"), and governs the School's purchase and use of the FlashEDU flat-rate school license (the "Service").

This Agreement is offered on Company's standard, non-negotiated FlashEDU rate card and the standard terms of the FlashEDU Student Data Privacy Agreement for Private Schools. It is available for self-serve execution only to a private school that is not a local educational agency and is within Company's published self-serve eligibility criteria. A school district, a public school, and a charter school that is its own local educational agency contract under Company's agreement for local educational agencies instead, and a school outside those criteria is directed to Company's sales-assisted process for a negotiated agreement.

1. License Grant and Use

Subject to this Agreement and timely payment of fees, Company grants the School a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the term stated in the Order Form below, solely for the School's internal educational purposes.

The School will not sublicense, resell, or make the Service available to any third party outside the School; reverse engineer the Service except as legally permitted; use the Service to build a competing product; or circumvent the student/seat counts stated in the Order Form.

The Order Form states how many student accounts the School may register (the Included Student Seats) and how many students may use the Service at the same time. The Service enforces both limits. Company raises either limit only by written agreement with the School; while the School pays by card, students above the Included Student Seats are then charged at the Overage Rate stated in the Order Form.

2. Fees and Payment

The School authorizes Company to charge the fees stated in the Order Form to the payment method provided at checkout. Fees are due at purchase for the initial term and at the start of each renewal term, unless the School stops the renewal as Section 3 provides.

Fees are exclusive of applicable taxes; the School is responsible for any sales, use, or similar taxes required by law unless the School provides a valid tax-exemption certificate.

Fees paid are non-refundable, and fees payable are non-cancelable, once the applicable term has commenced, except as required by law.

3. Term and Renewal

This Agreement commences on the Effective Date stated in the Order Form and continues for the Initial Term stated there. It then renews automatically at Company's then-current published FlashEDU rate for a further term of the same length, unless the School stops the renewal by writing to education@flashmath.io at least 30 days before the renewal date. If the School stops the renewal, it keeps access to the Service until the paid term ends.

4. Data Privacy

Company's handling of Student Data is governed by the FlashEDU Student Data Privacy Agreement for Private Schools (the "DPA"), which is incorporated into this Agreement by reference and controls over this Agreement with respect to Student Data in the event of any conflict. By signing below, the School's authorized representative also accepts the DPA on the School's behalf and makes the statement of the School's FERPA status shown in the signature block below, for the purposes of Article I.4 of the DPA.

In summary: Student Data is and remains the property of the School; Company will not sell Student Data or use it for targeted advertising; Company will not permit any AI service provider used to deliver AI-assisted features to train its own general-purpose models on Student Data; Company will notify the School of a confirmed security breach without unreasonable delay and in any case within the time required by applicable law; Company will delete or return Student Data within the timeframe stated in the DPA following termination or the School's request; and the DPA's FERPA terms (its Exhibit F) apply unless the School has declined them as the DPA provides. The complete DPA, version 1.3 effective 2026-10-19, including all exhibits, is published at https://edu.flashmath.io/legal/private-school-dpa and is incorporated herein by reference; in the event of any conflict between this summary and the complete DPA, the complete DPA controls.

5. Warranties and Disclaimers

Company will perform the Service in a professional manner consistent with generally accepted industry standards. Except as expressly stated in this Agreement, the Service is provided "as is," and Company disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

Company does not guarantee specific educational outcomes, assessment results, or uninterrupted or error-free operation. Some features of the Service use AI-assisted functionality; AI-generated content may contain errors and should be reviewed before being relied upon.

6. Indemnification

Company will defend the School against a third-party claim alleging that the Service, as provided by Company and used in accordance with this Agreement, infringes that party's US patent, copyright, or trademark, and will indemnify the School for damages finally awarded as a result, subject to prompt notice and Company's control of the defense. This states Company's entire obligation for such claims.

7. Limitation of Liability

Except for a party's indemnification obligations, a party's breach of the DPA's data security or breach notification commitments, or damages arising from a party's fraud or willful misconduct, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or revenue, arising out of or relating to this Agreement.

Except for the carve-outs above, each party's total liability arising out of or relating to this Agreement will not exceed the fees paid or payable by the School under the Order Form in the twelve (12) months preceding the event giving rise to the claim.

8. Termination

Either party may terminate this Agreement for the other party's uncured material breach, upon 30 days' written notice specifying the breach, if the breach remains uncured at the end of that period.

If this Agreement expires without being renewed, or the School's paid service lapses, Company terminates it 30 days later unless it has been renewed by then. After expiration or termination, the School may no longer use the Service, except that its School Administrators can export its Student Data until the deletion of Student Data begins. Student Data is then deleted or de-identified as described in the DPA.

9. Governing Law and Venue

This Agreement is governed by the laws of the State of Ohio, without regard to conflicts-of-law principles. Disputes not resolved by good-faith negotiation are subject to the exclusive jurisdiction of the state or federal courts located in Hamilton County, Ohio.

10. General

Neither party may assign this Agreement without the other's prior written consent, except that Company may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of substantially all relevant assets, with notice to the School. This Agreement, the DPA, and the Order Form constitute the entire agreement between the parties regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect.