95 Percent Group Terms of Use

95 Percent Group LLC

Terms of Use Agreement

Version 8953567.5

Effective Date: 11/01/2024

Last Updated Date: 11/01/2024

Welcome to the One95 Platform! Please read the following terms of use carefully. By clicking on your acceptance below and using this educational application, you agree to the following:

1. Authorized Use

This application is intended for use by educators who have been granted licensed access by their school district and authorized and authenticated through their district SSO provider. Unauthorized use is prohibited. This service is designed to assist teachers and students in identifying and improving early literacy phonemic awareness and phonics skill gaps so that students become proficient readers. The application offers an option for teachers to digitally score and record student reading samples to measure progress and proficiency.

2. Intellectual Property

All digital and print content, software, and materials provided through this application are the exclusive property of 95 Percent Group LLC. Users are permitted to copy reproducible forms and worksheets and otherwise may not copy, distribute, modify, or create derivative works without written permission. Without otherwise limiting 95 Percent Group’s remedies, user agrees to indemnify and hold harmless 95 Percent Group for any misuse of 95 Percent Group’s intellectual Property. In turn, if User receives a claim or demand that the use of 95 Percent Group’s intellectual property infringes a third party’s rights, 95 Percent Group will indemnify and hold harmless User so long as User allows 95 Percent Group to coordinate the defense of any such demand or claim.

3. User Responsibilities

Users must:

• Use the application in accordance with district policies and local laws.
• Maintain confidentiality of any login credentials.
• Ensure that student data is used responsibly and in compliance with privacy regulations.
• With regard to any recordings of students, at all times maintain the anonymity of such records and record no data that could be used to identify any student.  
• Not maintain any list of students that would allow any recording to be matched to the student. You may record feedback on a student’s performance based on an analysis or evaluation of any recording.

4. Data Privacy, Data Use, Data Retention

We comply with all applicable student data privacy laws, including COPPA and FERPA. Data will only be used as necessary to provide and improve our services. We do not collect any biometric data and it is a violation of this Agreement to use any recording used pursuant to this Agreement to create or collect biometric data.

By clicking on Accept and using this system, you grant 95 Percent Group the right to use de-identified data from your activity, including assessment data, resource and feature usage, and short, de-identified audio recordings which are collected through the normal usage of our products providing functionality for educators, parents and students, to also be used to improve our products. The recordings are analyzed to compare phonemes to a transcription database in order to provide suggestions for teachers and enhance that database. Please note that audio recordings are optional, and educators control whether this feature is used. All data collected will be used in compliance with applicable privacy laws and will solely support the delivery and enhancement of our educational tools.   

See our Data Privacy Agreement for Data Use, Data Retention and Data Privacy Details for additional details.

5. Prohibited Activities

Users may not:

• Attempt to reverse-engineer or access the source code.
• Share login information with unauthorized individuals.
• Use the application in ways that violate intellectual property or privacy laws.
• Create any material that would allow the identification of an individual from a recording.
• Sublicense, resell, or similarly exploit our platform or services.
• Access the services to build a competitive product or service.

6. Limitation of Liability

a) 95 Percent Group is not responsible for any consequential, special, punitive, direct or indirect damages arising from the use or inability to use the application. This includes, but is not limited to, data loss, service interruptions, or errors.

b) Regardless of any other provision of this Agreement, in no circumstance shall 95 Percent Group be liable for more than three times the annual fee payable under this Agreement. User agrees to indemnify 95 Percent Group for any breach of this Agreement.

c) Given the many variables in the process, we do not promise any particular result with the use of our platform and services. We provide services to you on an “as is” basis without any kind of warranty. We disclaim any and all other express or implied warranties. Also, as is the case with any software as a service, we cannot warrant that the services will be uninterrupted.  

7. Termination

95 Percent Group reserves the right to terminate access to the application at any time for violations of this Agreement or upon discontinuation of license by your school district.

8. Updates and Modifications

95 Percent Group may update the application and will notify you of any material modification. As to any material modification, User may terminate on 7 days’ written notice. Continued use after seven days constitutes acceptance of any modifications.

9. Dispute Resolution 

This agreement is governed by the substantive laws of Delaware, and the parties agree that Delaware’s choice-of-law rules will not require the application of the law of another state. This choice of law provision is severable in the event a court finds it unenforceable. THE PARTIES MUST RESOLVE ANY CAUSE OF ACTION RELATED TO THE SERVICES, OTHER THAN A DISPUTE RELATING TO 95 PERCENT GROUP’S INTELLECTUAL PROPERTY, IN FINAL AND BINDING ARBITRATION IN ILLINOIS ADMINISTERED BY JAMS UNDER ITS EXPEDITED COMMERCIAL ARBITRATION RULES OR, IF THE MATTER AT ISSUE EXCEEDS $100,000, UNDER JAMS’ COMPREHENSIVE ARBITRATION RULES. ANY DISPUTE REGARDING THE APPLICABLE RULES FOR A DISPUTE SHALL BE RESOLVED BY JAMS.  YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO ANY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. NOTWITHSTANDING THE DELAWARE CHOICE OF LAW, THE FEDERAL ARBITRATION ACT GOVERNS THIS SECTION OF THE AGREEMENT AND THE ENFORCEMENT OF ANY AWARD. All disputes regarding 95 Percent Group’s intellectual property shall be brought in the state and federal courts serving Lake County, Illinois. The parties agree that matters falling within the scope of the arbitration clause may be severed from any litigation relating to 95 Percent Group’s intellectual property rights.

In any matter regarding intellectual property, 95 Percent Group shall be entitled to reasonable attorney fees and expenses if it is the substantially prevailing party.

10. Confidentiality

Our platform, anything on or in it, and these Terms constitute our confidential information. You promise to: (a) protect our confidential information with at least reasonable care; (b) not use any confidential information for any purpose outside the scope of these Terms; and (c) except as required by law or when we tell you it is okay, limit access to confidential information to third parties.

11. Notice

Any notice required to be provided under this Agreement to 95 Percent Group may be provided to support@95percentgroup.com. Any notice required to be provided by you may be provided to the address you submitted to 95 Percent Group for billing purposes. You may change that address at any time by notice under this paragraph.

95 Percent Group LLC