FlashEDU Self-Serve Subscription Agreement

About this agreement

A school district, school group or charter school that 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, published at https://edu.flashmath.io/legal/dpa.

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. A private school signs the FlashEDU Self-Serve Subscription Agreement for Private Schools, published at https://edu.flashmath.io/legal/private-school-subscription-agreement.

This page shows template version 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

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

This Agreement is offered on Company's standard, non-negotiated FlashEDU rate card and standard Student Data Privacy Agreement terms. It is available for self-serve execution only to LEAs within Company's published self-serve eligibility criteria; LEAs outside those criteria are directed to Company's sales-assisted process for a negotiated agreement instead.

1. License Grant and Use

Subject to this Agreement and timely payment of fees, Company grants the LEA 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 LEA's internal educational purposes.

The LEA will not sublicense, resell, or make the Service available to any third party outside the LEA; 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 LEA 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 LEA; while the LEA 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 LEA 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 LEA stops the renewal as Section 3 provides.

Fees are exclusive of applicable taxes; the LEA is responsible for any sales, use, or similar taxes required by law unless the LEA 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 LEA stops the renewal by writing to education@flashmath.io at least 30 days before the renewal date. If the LEA 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 (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 LEA's authorized representative also accepts the DPA on the LEA's behalf.

In summary: Student Data is and remains the property of the LEA; 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 LEA of a confirmed security breach without unreasonable delay and in any case within the time required by applicable law; and Company will delete or return Student Data within the timeframe stated in the DPA following termination or the LEA's request. The complete DPA, version 1.5 effective 2026-10-19, including all exhibits, is published at https://edu.flashmath.io/legal/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 LEA 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 LEA 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.

Nothing in this Agreement requires a public LEA to indemnify Company beyond what is permitted under applicable state law governing claims against governmental entities.

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 LEA 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 LEA's paid service lapses, Company terminates it 30 days later unless it has been renewed by then. After expiration or termination, the LEA may no longer use the Service, except that its district 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, except that where the LEA is a public school district or public educational agency whose applicable state procurement law requires that agreements with the LEA be governed by the laws of the LEA's home state, that state's law and venue applies instead. Disputes not resolved by good-faith negotiation are subject to the exclusive jurisdiction of the state or federal courts located in Hamilton County, Ohio, or, where the preceding exception applies, the courts of the LEA's home state.

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 LEA. 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. Where the LEA is a public entity, the parties acknowledge this Agreement may be subject to public records law.