Terms of Service

These Terms of Service (the "Terms") are a legal agreement between you and Smarter School Psych LLC, which operates the Smarter Evals brand ("Smarter Evals," "we," "us," or "our"). These Terms govern your installation of, access to, and use of the following Google Workspace add-ons and related services (collectively, the "Services"):

• Smarter Reports, formerly known as Smarter Psych Reports, a Google Docs add-on that supports report writing for school psychologists, psychologists, speech-language pathologists, and other professionals; and
• Rating Scale Connect, a Google Sheets add-on for organizing rating-scale requests, sending emails, and tracking responses.

By installing, purchasing, accessing, or using a Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not install, access, purchase, or use the Services.

If you use a Service on behalf of a school, district, business, government agency, or other organization, you represent that you have authority to accept these Terms on that organization's behalf. In that case, "you" includes both you and the organization.

1. Eligibility

The Services are intended for adults acting in a professional or organizational capacity. You must be at least 18 years old and legally able to enter into these Terms. The Services are not directed to children.

2. Description of the Services

A. Smarter Reports

Smarter Reports helps users create, organize, and format professional reports within Google Docs. Depending on the user's settings and profession, features may include report shells, headings, tables, saved text, recommendations, images, signatures, and tools for entering or displaying assessment results.

Smarter Reports is a productivity and formatting tool. It does not provide or replace professional judgment, clinical interpretation, diagnosis, treatment recommendations, legal advice, or medical or psychological advice. It is not a medical device.

B. Rating Scale Connect

Rating Scale Connect helps users organize rating-scale or form requests in Google Sheets, display open cases, prepare and send emails through the user's Google account, record communication activity, and track whether requested materials have been received.

Rating Scale Connect does not administer, score, interpret, or validate an assessment. It does not guarantee that an email will be delivered, opened, completed, or kept out of a recipient's spam folder.

C. Service changes

We may add, modify, suspend, or discontinue features to maintain security, comply with law or platform requirements, improve the Services, or respond to changes in third-party systems. We will provide reasonable notice when practicable if a material change significantly reduces paid functionality during an active subscription term.

3. Professional qualifications and responsibility

You are solely responsible for determining whether you are properly licensed, credentialed, trained, supervised, and otherwise authorized to create, interpret, send, or use reports, assessments, rating-scale requests, and related materials in your jurisdiction and professional setting.

You are responsible for:

• reviewing all reports, tables, scores, messages, links, recommendations, and other output for accuracy, completeness, and appropriateness before use or disclosure;
• independently verifying calculations, score entries, interpretations, and professional conclusions;
• obtaining all permissions, consents, authorizations, and licenses needed for the information, images, assessment materials, and third-party links you use;
• selecting and verifying the correct recipients before sending an email;
• maintaining appropriate professional records and following applicable ethical and institutional requirements; and
• ensuring that use of the Services is appropriate for the student, client, patient, respondent, or other person involved.

Misrepresenting qualifications or using the Services to engage in professional activity for which you are not authorized is prohibited.

4. Privacy, confidential information, and legal compliance

You retain ownership and control of the reports, spreadsheets, templates, images, messages, and other content you enter or create through the Services ("User Content"). You grant us and our service providers only the limited permission necessary to process User Content and account information to operate the Services as described in these Terms and our Privacy Policy.

You are responsible for maintaining the security of your Google account, devices, documents, spreadsheets, email, and shared files. You must use appropriate access controls and must not share account credentials.

You are solely responsible for ensuring that your use of the Services and User Content complies with applicable laws, regulations, contracts, institutional policies, and professional obligations. These may include the Family Educational Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPAA), the Individuals with Disabilities Education Act (IDEA), the Children's Online Privacy Protection Act (COPPA), state privacy and student-record laws, and international privacy laws where applicable.

The Services do not guarantee or independently establish compliance with FERPA, HIPAA, COPPA, IDEA, the GDPR or UK GDPR, the CPRA, or any district, payer, licensing-board, or organizational requirement. You are responsible for determining whether a business associate agreement, data-processing agreement, parental consent, authorization, notice, or other safeguard is required.

We do not enter into a business associate agreement through these Terms. If your use is subject to HIPAA, you are responsible for determining whether your Google Workspace configuration and agreements permit the intended use and whether any additional agreement with us is required.

Do not submit identifiable student, client, patient, or respondent information in a support request. You must de-identify screenshots, documents, examples, and other troubleshooting materials before sending them to us.

5. Service data and stored metadata

The Services process information as described in our Privacy Policy. In particular:

• report and case-tracking content generally remains within the user's Google Workspace environment;
• Smarter Reports may temporarily store rating-scale metadata in Document Properties associated with the applicable Google Doc;
• Smarter Reports automatically deletes that rating-scale metadata 60 days after it was last saved, and users may remove it sooner through the available Clear saved data function;
• users are responsible for controlling document sharing and handling any document-associated metadata as confidential information;
• both Services use the user's email address and license status through a developer-controlled Google Cloud Firestore database to verify and administer access; and
• Stripe processes information needed to manage applicable purchases and subscriptions.

You are responsible for deleting User Content and locally stored settings when they are no longer needed. Uninstalling a Service or revoking Google authorization does not necessarily delete data already stored in Google Workspace, Firestore, or Stripe and does not, by itself, cancel a paid subscription.

6. Accounts and account security

You are responsible for all activity conducted through your Google account or license. You must provide accurate account and billing information, keep it current, and promptly notify us at smarterevals@gmail.com if you suspect unauthorized access to a Service or license.

Licenses may not be shared, transferred, resold, or used by more people than the applicable purchase or organizational agreement permits. An organization that purchases access for other users is responsible for managing its authorized users and ensuring that they comply with these Terms.

7. License to use the Services

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services for their intended purposes during the applicable free, trial, subscription, or license period.

This license does not transfer ownership of the Services or any of our intellectual property. All rights not expressly granted are reserved by Smarter School Psych LLC and its licensors.

8. Acceptable use

You may not, and may not assist another person to:

• use a Service in violation of law, professional obligations, institutional policy, or another person's rights;
• access, use, disclose, or contact a person using information you are not authorized to process;
• send spam, deceptive messages, harassment, malware, or unlawful content;
• circumvent licensing, access, security, or usage restrictions;
• copy, sell, rent, sublicense, distribute, or commercially exploit a Service except as expressly authorized in writing;
• reverse engineer, decompile, disassemble, extract source code, or attempt to discover non-public components of a Service, except to the limited extent such a restriction is prohibited by law;
• interfere with, overload, disrupt, damage, or probe a Service or related system;
• use automated methods to scrape or access a Service in a manner not expressly authorized; or
• remove or alter proprietary notices, branding, or attribution.

9. Fees, subscriptions, and payment

Prices, billing intervals, included features, trial terms, and any usage or seat limits are disclosed on the applicable product page, order form, or Stripe checkout page at the time of purchase. Prices may change for future purchases or renewal periods. A price change does not alter charges already paid for a current fixed term.

We use Stripe to process payments and manage subscriptions. By submitting a payment method, you authorize us and Stripe to charge the applicable fees, taxes, and other amounts disclosed at checkout.

If a plan is identified at checkout as recurring, it will renew and the payment method will be charged at the interval and price disclosed during purchase until the subscription is canceled. You may cancel through the subscription-management method we provide or by contacting smarterevals@gmail.com. You must cancel before the next renewal charge to avoid being billed for the next term. Cancellation does not retroactively refund amounts already charged.

Except where a product page, order form, or refund policy expressly states otherwise, payments are nonrefundable to the extent permitted by law. Nothing in these Terms limits any refund, cancellation, or consumer right that cannot legally be waived.

If payment fails, is reversed, or becomes overdue, we may retry the charge, request an updated payment method, limit paid features, or suspend the applicable license. You are responsible for applicable taxes unless we are legally required to collect them.

Free or trial access may be limited, modified, or discontinued. If a trial converts to a paid subscription, the conversion timing and price must be disclosed before the first charge.

Separate written order forms, district agreements, or organizational licensing agreements may contain different pricing, payment, renewal, user-count, or termination provisions. If such an agreement conflicts with this Section, the signed agreement controls for that purchase.

10. Third-party services and content

The Services depend on or interact with third-party services, including Google Workspace, Google Apps Script, Google Cloud Firestore, Stripe, and user-selected assessment, form, image-hosting, or link destinations. Your use of third-party services is governed by their own terms and privacy practices.

We do not control and are not responsible for third-party availability, security, content, policies, or changes. Google or another provider may modify or discontinue an API or service on which a Service depends, which may interrupt or limit functionality.

Rating Scale Connect may facilitate links to assessment publishers or other platforms, but we do not administer those platforms and are not affiliated with or endorsed by their publishers unless expressly stated. You are responsible for complying with the terms, intellectual-property restrictions, and test-security requirements applicable to any assessment or third-party platform.

11. Intellectual property

The Services—including their software, design, interfaces, databases, documentation, original content, names, logos, and branding—are owned by Smarter School Psych LLC or its licensors and are protected by intellectual-property laws.

These Terms do not restrict your ownership of User Content. You are responsible for ensuring that User Content does not infringe or misappropriate another person's copyrights, trademarks, privacy rights, test materials, or other rights.

If you provide suggestions or general feedback, you grant us permission to use that feedback without restriction or compensation, provided that we do not publicly identify you or disclose confidential User Content without permission.

12. Availability, maintenance, and support

We may perform maintenance or make updates that temporarily interrupt a Service. We do not guarantee a particular response time or support level unless a separate written agreement provides one.

You are responsible for maintaining backups or copies of information you need. The Services are not intended to serve as the sole system of record, archival system, emergency communication system, or substitute for required professional records.

13. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT A SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR COMPATIBLE WITH EVERY GOOGLE WORKSPACE CONFIGURATION; THAT OUTPUT WILL BE ACCURATE OR COMPLETE; THAT DATA WILL NEVER BE LOST OR DISCLOSED; OR THAT AN EMAIL WILL BE DELIVERED, OPENED, COMPLETED, OR KEPT OUT OF A SPAM FILTER.

WE DO NOT WARRANT THAT USE OF A SERVICE WILL SATISFY ANY PROFESSIONAL, LEGAL, REGULATORY, DISTRICT, PAYER, OR ORGANIZATIONAL REQUIREMENT. YOU USE THE SERVICES AND RELY ON THEIR OUTPUT AT YOUR OWN RISK.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTER SCHOOL PSYCH LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA; INTERRUPTION OF BUSINESS; UNAUTHORIZED ACCESS OR DISCLOSURE; OR COST OF SUBSTITUTE SERVICES ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF US $100 OR THE AMOUNT YOU PAID US FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not apply to liability that cannot legally be excluded or limited.

15. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Smarter School Psych LLC and its owners, officers, employees, contractors, affiliates, and licensors from claims, damages, judgments, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your User Content or use or misuse of a Service;
• your violation of these Terms, applicable law, professional obligations, or institutional policy;
• your violation of another person's privacy, confidentiality, intellectual-property, or other rights; or
• an email, report, assessment link, recommendation, or other material you create, select, send, or disclose through a Service.

This obligation does not apply to the extent a claim results from our own unlawful conduct, and it may not apply to you where prohibited by law.

16. Suspension and termination

You may stop using or uninstall a Service at any time. Cancellation of a paid subscription is governed by Section 9.

We may suspend or terminate access if:

• you materially or repeatedly violate these Terms;
• payment is overdue, reversed, disputed, or cannot be processed;
• your use creates a security, legal, or operational risk;
• suspension is required by law or a third-party platform; or
• a Service is discontinued.

When reasonably practicable, we will provide notice and an opportunity to correct a violation before terminating paid access. We may act immediately when necessary to prevent harm, unauthorized access, fraud, legal exposure, or disruption.

Termination ends the license granted under these Terms but does not automatically delete User Content in your Google account. Sections that by their nature should survive—including provisions concerning payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, dispute terms, and accrued rights—will survive termination.

17. Changes to these Terms

We may update these Terms to reflect changes in the Services, law, security requirements, business practices, or third-party platforms. We will post the updated Terms and revise the Last updated date.

If a change materially affects an active paid subscription, we will provide reasonable advance notice through the Service, our website, or the contact information associated with the license when required by law. Changes apply prospectively from their stated effective date. Your continued use after that date constitutes acceptance of the revised Terms.

18. Governing law

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law rules, except to the extent another jurisdiction's laws must apply and cannot be waived.

19. General terms

These Terms, our Privacy Policy, and any applicable order form or separate written agreement constitute the entire agreement concerning the Services and supersede prior agreements concerning the same subject matter.

If a provision is found unenforceable, it will be enforced to the greatest extent permitted and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

We are not responsible for a delay or failure caused by circumstances beyond our reasonable control, including natural disasters, internet or utility failures, labor disputes, governmental action, security incidents, or third-party platform outages.

Section headings are for convenience only. The word "including" means "including without limitation."

20. Contact us

Smarter School Psych LLC
Operator of the Smarter Evals brand
United States
Email: smarterevals@gmail.com