Terms of Service

Effective date: October 9, 2026

1. Agreement

These Terms of Service ("Terms") are an agreement between EduMotion Inc. DBA Rotara SQ ("Rotara SQ," "we," "us") and the organization that signs up for or uses Rotara SQ ("Customer," "you"). They cover our website at www.rotarasq.com and the Rotara SQ application, the signed-in area of that site (together, the "Service").

By creating an account or using the Service, you agree to these Terms on behalf of your organization and confirm you have authority to do so. If you and we sign an order form, contract, or data privacy agreement (an "Order"), the Order controls where it conflicts with these Terms.

Our Privacy Policy, Cookie Policy, and Accessibility Statement are part of these Terms.

2. Definitions

  • Customer Data means information you or your users enter into or upload to the Service, including schedules, sites, staff, vendor, and program records.
  • Student Data means any information in Customer Data that identifies or relates to a student.
  • Users means the people you invite or allow to access your account.

3. Accounts and Editions

  • Two editions. Rotara SQ offers a District edition for school districts and other local educational agencies, and a Provider edition for after-school program providers. Each organization's data is kept separate. District users can never sign in to or view a Provider edition account, and providers cannot view a district's account.
  • Users. You are responsible for your Users, for keeping sign-in credentials secure, and for removing access when someone leaves your organization. Tell us right away at info@rotarasq.com if you suspect unauthorized access.
  • Adults only. The Service is for adult staff. Students may not create accounts.

4. Free Trials and Pilots

  • Free trial. New accounts may receive a 30-day free trial. When it ends, your account becomes read-only: you can still view and export your data, but you cannot edit it until you buy a subscription.
  • Pilots. We may agree to a pilot for a set period and price in an Order. When a pilot ends without a paid subscription, the account becomes read-only, as with a trial.
  • Trials and pilots are provided as is, without the commitments in Section 11.

5. Fees and Payment

  • Subscriptions. Fees, the number of licensed sites, and the subscription term are set in your Order or the plan you select. Subscriptions are annual unless the Order says otherwise.
  • Invoices. We invoice annually in advance. Invoices are due within 15 days. We accept purchase orders from public agencies.
  • Taxes. Fees do not include taxes. You are responsible for any applicable taxes, other than taxes on our income, unless you provide a valid exemption.
  • Late payment. If an undisputed invoice is more than 30 days past due, we may make your account read-only after giving you written notice and at least 10 days to pay.
  • Renewals and price changes. Subscriptions renew only as stated in your Order. We will give at least 60 days' written notice before any price increase at renewal.
  • No refunds of prepaid fees, except as stated in Section 15 or required by law.

6. Customer Data and Student Privacy

  • You own your data. Customer Data belongs to you. You give us permission to use it only to provide, secure, support, and improve the Service for you.
  • Student Data. We use Student Data only to provide the Service. We do not sell it, use it for targeted advertising, or build profiles of students for non-school purposes, consistent with California's Student Online Personal Information Protection Act (SOPIPA) and Education Code Section 49073.1. When a district shares education records with us, we act as a school official under the Family Educational Rights and Privacy Act (FERPA), under the district's direct control.
  • Data privacy agreements. We will sign a reasonable data privacy agreement, such as the California Student Data Privacy Agreement. If it conflicts with these Terms, the data privacy agreement controls.
  • Security. We use reasonable administrative, technical, and physical safeguards to protect Customer Data. If we learn of unauthorized access to your Customer Data, we will notify you without unreasonable delay and as required by law.
  • Export and deletion. You can export your data at any time. After your subscription ends, you have 60 days to export it. We then delete it, except for copies we must keep by law or that remain in routine backups until they expire.
  • Aggregated data. We may use de-identified, aggregated information that cannot identify you, any person, or any student to operate and improve the Service.

7. Acceptable Use

You agree not to:

  • Upload information you have no right to share, or more Student Data than the Service needs.
  • Try to access another organization's account or data, or test, probe, or bypass our security.
  • Copy, resell, or reverse engineer the Service, or use it to build a competing product.
  • Upload malicious code, or overload or disrupt the Service.
  • Use the Service in violation of any law.

We may suspend access that threatens the Service, other customers, or the law. Where we can, we will tell you first and work with you to fix the problem.

8. Compliance Tools Are a Guide, Not a Guarantee

Rotara SQ includes checks that flag possible issues, such as Expanded Learning Opportunities Program (ELO-P) hour and day requirements, staffing ratios, staff clearances, vendor insurance, and scheduling conflicts. These checks depend on the data you enter and on rules as we understand them at the time.

The checks are a planning aid. They are not legal advice and are not a determination of compliance by the California Department of Education or any other agency. You remain responsible for meeting the laws, grant terms, and funding requirements that apply to your programs, and for confirming the accuracy of your data.

9. Intellectual Property

We own the Service, including its software, design, and content, other than Customer Data. During your subscription, we give you a non-exclusive, non-transferable right for your Users to use the Service for your internal operations. If you send us suggestions, we may use them without obligation to you.

10. Confidentiality

Each party will protect the other's non-public business information it receives through the Service with reasonable care and use it only to perform under these Terms. This does not apply to information that is public, already known, independently developed, or that must be disclosed by law, including under the California Public Records Act (see Section 17).

11. Availability and Support

We work to keep the Service available and will try to schedule maintenance outside typical program hours. We provide support by email at info@rotarasq.com on business days. Any uptime or response-time commitment applies only if it is stated in your Order.

12. Warranties and Disclaimers

We warrant that the Service will perform materially as described in our documentation during your paid subscription. If it does not, tell us and we will work to fix it. If we cannot fix it within a reasonable time, either party may end the affected subscription, and we will refund prepaid fees for the unused period. That is your sole remedy for a breach of this warranty.

Except as stated above, the Service is provided "as is." To the extent the law allows, we disclaim all other warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, and we do not promise the Service will be error-free or uninterrupted.

13. Limitation of Liability

To the extent the law allows:

  • Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or funding.
  • Each party's total liability under these Terms is limited to the fees paid or payable to us in the 12 months before the event giving rise to the claim.
  • These limits do not apply to a party's indemnification obligations, breach of Section 6 (Customer Data and Student Privacy), your payment obligations, or liability that cannot be limited by law.

14. Indemnification

  • By us. We will defend you against third-party claims that the Service, as provided, infringes their intellectual property rights, and pay resulting damages or settlements we agree to.
  • By you. To the extent allowed by law, you will defend us against third-party claims arising from Customer Data you upload without the right to do so, or from your violation of Section 7.
  • The indemnified party must promptly notify the other, allow it to control the defense, and cooperate reasonably. Public agencies that cannot indemnify by law are excused from this section to that extent.

15. Term and Termination

  • These Terms apply while you use the Service. Each subscription runs for the term in your Order.
  • Either party may end a subscription if the other materially breaches these Terms and does not cure the breach within 30 days after written notice. If you end it for our breach, we will refund prepaid fees for the unused period.
  • A public agency may end a subscription if its governing board does not appropriate funds for it, with written notice before the next billing period.
  • When a subscription ends, your access becomes read-only for the export period in Section 6, then ends. Sections that by their nature should survive, such as 6, 9, 10, 13, 14, and 16, survive termination.

16. Governing Law and Disputes

These Terms are governed by California law, without regard to conflict-of-law rules. The parties will first try in good faith to resolve any dispute through discussion between senior representatives for at least 30 days. Any lawsuit must be brought in the state or federal courts located in Tulare County, California, unless a public agency customer is required by law to use a different venue.

17. Public Agency Terms

We understand that public agencies are subject to the California Public Records Act and may be required to disclose these Terms, Orders, and related records. Nothing in these Terms requires a public agency to take any action the law prohibits. Where a public agency's required contract terms conflict with these Terms, the agency's terms control to the extent of the conflict.

18. Changes to These Terms

We may update these Terms. We will post the new version with a new effective date and, for material changes, notify account administrators by email at least 30 days in advance. Changes do not apply to a current paid subscription term unless you agree; they take effect at renewal.

19. General Terms and Contact

Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all of its business. Neither party is liable for delays caused by events beyond its reasonable control. If any part of these Terms is unenforceable, the rest remains in effect. These Terms, with any Order, are the entire agreement between the parties on this subject.

Questions or legal notices:

EduMotion Inc. DBA Rotara SQ, Attn: Legal
Email: info@rotarasq.com