Terms of Service

1. Acceptance of Terms

By accessing or using evalKeeper, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Acceptable Use

You may use evalKeeper for your own professional, organizational, educational, or business purposes consistent with the intended functions of the Service.

You may not resell, sublicense, reproduce, or commercially redistribute access to evalKeeper unless expressly authorized in writing by Nexidom.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to access or use the Service.

If you use evalKeeper on behalf of an organization, you represent that you have the authority to accept these Terms on behalf of that organization.

4. User Accounts

Access to certain evalKeeper features requires an authorized user account. Trial and subscription accounts may be created or provisioned by Nexidom following a trial or access request.

You are responsible for maintaining the confidentiality and security of your account credentials and for restricting unauthorized access to your account or devices.

You agree to accept responsibility for activity conducted through your account. You must notify us promptly if you become aware of suspected unauthorized access, misuse, or another security concern involving your account.

You may not share account credentials in a manner that bypasses applicable user, seat, role, or access requirements.

5. User Content

You are responsible for information, documents, notes, images, assessment content, trial information, forms, and other materials that you upload, enter, submit, or otherwise transmit through the Service ("User Content").

You retain your ownership rights in your User Content. By using the Service, you grant Nexidom the limited rights necessary to host, process, transmit, display, back up, and otherwise handle User Content for the purpose of operating and providing evalKeeper.

You are responsible for ensuring that your collection, entry, use, and disclosure of User Content complies with applicable laws, organizational requirements, professional obligations, and permissions.

6. Subscriptions and Payment Terms

Certain parts of the Service may be offered on a paid subscription basis ("Subscription"). Subscription pricing, features, billing frequency, and applicable terms may vary based on the plan or organizational arrangement selected.

When a Subscription is billed on a recurring basis, you will be billed according to the applicable billing cycle. Unless otherwise agreed in writing, recurring Subscriptions may automatically renew under the applicable Subscription terms until canceled.

Nexidom may suspend or limit access to paid features when required payments are past due or cannot be processed.

Additional payment arrangements, including purchase orders, ACH payments, or other approved organizational payment methods, may be available when agreed upon with Nexidom.

7. Fee Changes

Nexidom may modify Subscription fees from time to time. Unless otherwise required or agreed, a Subscription fee change will become effective at the end of the then-current billing cycle.

We will provide reasonable prior notice of material Subscription fee changes when applicable so that you may discontinue or cancel the Subscription before the new fee becomes effective.

Continued use of a paid Subscription after a fee change becomes effective constitutes acceptance of the updated Subscription fee.

8. Termination

We may suspend, restrict, or terminate access to the Service if you breach these Terms, misuse the Service, create a security risk, fail to satisfy applicable payment obligations, or engage in conduct that may harm evalKeeper, Nexidom, other users, or third parties.

Where appropriate, we may provide notice before suspension or termination. We reserve the right to act immediately when reasonably necessary to protect the Service, data, users, or systems.

You may discontinue use of the Service or cancel an applicable Subscription according to the cancellation options made available to your account.

Provisions that by their nature should survive termination will remain in effect, including ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

9. Intellectual Property

The Service, including its original software, design, interface, features, functionality, branding, and content provided by Nexidom, is and will remain the property of Nexidom and its licensors.

The Service is protected by applicable copyright, trademark, and other intellectual property laws. Nexidom trademarks, branding, and trade dress may not be used without prior written authorization.

User Content remains subject to Section 5 of these Terms and is not transferred to Nexidom solely because it is entered into or stored within the Service.

10. Prohibited Activities

You may not access or use evalKeeper for a purpose that is unlawful, unauthorized, abusive, or inconsistent with the intended operation of the Service.

As a user of evalKeeper, you agree not to:

• Systematically retrieve, scrape, copy, or extract data or content from the Service to create a collection, compilation, database, or directory without written authorization.
• Trick, defraud, or mislead Nexidom or other users, including attempts to obtain passwords, authentication information, or other sensitive account information.
• Circumvent, disable, defeat, or interfere with security, authentication, authorization, access control, or usage limitation features.
• Make improper use of support services or submit knowingly false reports of abuse, misconduct, or security concerns.
• Use the Service in violation of applicable laws, regulations, or legally binding obligations.
• Upload, transmit, or attempt to introduce viruses, Trojan horses, malware, malicious code, or other materials intended to disrupt or interfere with the Service.
• Use unauthorized automated scripts, bots, data-mining tools, robots, scrapers, or similar technologies to access or interact with the Service.
• Remove copyright, trademark, or other proprietary notices from Nexidom content.
• Impersonate another person, organization, or user or misrepresent your identity or authority.
• Interfere with, disrupt, overload, or create an unreasonable burden on evalKeeper or networks, systems, or services connected to evalKeeper.
• Attempt to bypass measures designed to prevent or restrict access to the Service or any portion of the Service.
• Copy, reproduce, or adapt evalKeeper software or proprietary code except as expressly permitted by applicable law.
• Decipher, decompile, disassemble, or reverse engineer software comprising the Service, except to the limited extent such restrictions are prohibited by applicable law.
• Collect usernames, email addresses, account information, or other user information for unsolicited communication or unauthorized purposes.
• Create user accounts through automated means, false identities, or other deceptive methods.
• Sell, transfer, or otherwise provide your user account or profile to another person without authorization.
• Use the Service or Nexidom proprietary content to create, train, reproduce, or develop a competing service through unauthorized copying or extraction of evalKeeper software, content, workflows, or proprietary materials.

Violation of these requirements may result in suspension, restriction, or termination of access to evalKeeper.

11. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Nexidom, its affiliates, and their respective officers, agents, partners, and employees from and against claims, liabilities, damages, losses, and reasonable expenses, including attorneys' fees, arising from or related to your misuse of the Service, your breach of these Terms, your violation of applicable law, your User Content, or your violation of the rights of another person or entity.

Nexidom reserves the right to assume the exclusive defense and control of a matter otherwise subject to indemnification by you. You agree to reasonably cooperate with the defense of such claims.

12. Disclaimer of Warranties

Your use of the Service is at your own risk. To the fullest extent permitted by applicable law, the Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, or statutory.

Nexidom does not warrant that the Service will be uninterrupted, completely error-free, or available at all times.

evalKeeper is a software platform designed to assist with the organization and documentation of assistive technology assessment workflows. The Service does not replace professional judgment, clinical decision-making, educational decision-making, or other qualified professional review.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Nexidom and its directors, employees, partners, agents, suppliers, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from or related to your access to, use of, or inability to access or use the Service.

This limitation also applies to damages resulting from unauthorized access to, use of, or alteration of transmissions or content, whether a claim is based on warranty, contract, tort, negligence, or another legal theory, to the extent permitted by applicable law.

14. Governing Law

These Terms and your use of the Service will be governed by and construed in accordance with the laws applicable to Nexidom, LLC in the State of Ohio, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Our failure to enforce a right or provision of these Terms will not be considered a waiver of that right or provision.

15. Entire Agreement

These Terms, together with the Privacy Policy and any applicable written Subscription or service agreement, constitute the agreement between you and Nexidom regarding your use of the Service and supersede prior agreements or understandings concerning the same subject matter.

16. Severability

If a provision of these Terms is held to be invalid, unlawful, or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17. Updates to These Terms

We may modify or replace these Terms from time to time. When changes are made, we may update the "Last updated" date displayed on this page.

If a change materially affects your use of the Service, we may provide additional notice when reasonably appropriate.

By continuing to access or use evalKeeper after updated Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Service.