Thank you for using the products, data sets and services of the Education Data Center at www.zelma.ai. (“Services” or “Site”). The Education Data Center is a partner project of the National Center for Civic Innovation, Inc. (“NCCI”).

Subject to your compliance with the terms and conditions set forth in these Terms of Service, NCCI grants you a revocable, non-exclusive, non-transferable permission to access and make use of the data sets and other features on the Site.

Description

1. General Rules and Definitions

1.1 If you access, browse and/or choose to use any features of this Site, including queries, submissions, downloads, SQL code, or visuals, you are agreeing that you have read, understood, accepted, and are bound by all the terms and conditions (“Terms”) of these Terms of Service between you and NCCI. Please read these Terms carefully.

1.2 NCCI reserves the rights to change, add, or remove portions of these Terms of Service at any time without notice, which updates are effective immediately upon posting. Use of the Services after any changes have been posted will constitute your agreement to the updated Terms of Use.

1.3 NCCI may discontinue or modify Services, including the availability of any features, database, or content, at any time with or without notice and will not be liable to you or any third party for any such modification, suspension, or discontinuation of our Site and Services. If you do not accept these Terms, please do not use this Site and Services.

2. Copyrights, Trademarks, and Licenses

2.1 You acknowledge that all content and materials contained within the Site, including the State Assessment Data Repository, including articles, text, graphics, video, audio content, images, visualizations, and computer code (the “Content”), are protected by copyright under the copyright laws of the United States and other countries.

2.2 You also acknowledge that all copyrights in the Content are owned by NCCI. Videos and photography are copyrighted by license holders and are used with permission.

2.3 You agree not to sell, distribute, share, or transfer any of the data or data sets obtained through this Site to third parties, or publicly display any of the data or data sets obtained through this Site, except as expressly set forth herein. (a) Non-Commercial and Educational Use. You are permitted to use, reproduce, and create derivative works from the data or data sets obtained through this Site solely for non-commercial, educational, research, or not-for-profit purposes, provided that (i) any such use or derivative work contains only aggregated data or data sets and does not permit identification of any individual, and (ii) you provide clear and conspicuous attribution to the Education Data Center, a partner project of the National Center for Civic Innovation, Inc., as the source of the data, in the following form: "Data sourced from the Education Data Center (www.zelma.ai), a partner project of the National Center for Civic Innovation, Inc." (b) Commercial Use. Any use of the data or data sets obtained through this Site for commercial or for-profit purposes - including, without limitation, incorporation into commercial products or services, resale, or use in revenue-generating activities - is strictly prohibited without a prior written license from NCCI, and may be subject to additional limitations or requirements. To inquire about a commercial license, please contact info@eddatacenter.org. Unauthorized commercial use of the data or data sets constitutes a material breach of these Terms and may subject you to legal liability.

2.4 Disclaimer of Errors and Inaccuracies. The data, data sets, content, and information available on or through the Site, including any responses to queries or submissions, are provided for informational purposes only. Neither NCCI nor its affiliate, the Fund for the City of New York (together “NCCI-FCNY”) warrants the accuracy, completeness, currency, or fitness for any particular purpose of any data, data set, content, or response available on the Site. Data and data sets may contain errors, omissions, or inaccuracies, and NCCI-FCNY expressly disclaims any responsibility for such errors, omissions, or inaccuracies. You acknowledge that the responses to your queries or submissions to the Site may be produced or informed by artificial intelligence ("AI"). AI-generated outputs are inherently probabilistic, may reflect training data limitations, and may not always produce accurate, complete, or reliable results. You are solely responsible for independently verifying any data, information, or AI-generated output before relying upon it for any purpose, and you assume all risk associated with such reliance. NCCI-FCNY shall have no liability whatsoever for any loss, damage, or harm arising from your reliance on any data, content, or AI-generated output obtained through the Site.

2.5 All trademarks, logos, service marks, slogans, and designs of the Site (collectively “Marks”), whether or not appearing in large print or with the trademark symbol, belong exclusively to NCCI and are protected from reproduction, imitation, dilution, or confusing or misleading uses under the trademark laws of the United States and other countries. The use or misuse of these Marks, except as authorized in writing, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right to or in these Marks.

3. User Obligations

3.1 You are solely responsible for the content of your submissions. You may submit queries on the Site so long as the content is not libelous, defamatory, obscene, pornographic, infringing on intellectual property rights, violating of privacy, publicity, moral, contractual or proprietary rights, abusive, or otherwise illegal. NCCI reserves the right, but not the obligation, to remove or edit such content.

3.2 You acknowledge that the responses to your queries or submissions to the Site are produced by AI. AI features may not always produce perfect results, and users should exercise discretion when relying on AI-driven recommendations.

3.3 Users have no claims of ownership in any data or data sets, or other content, of the Site. If you make any queries or submissions to the Site, such queries or submissions and any responses or results to them are the sole property of NCCI. You waive any rights to them. Queries or submissions, and their responses or results, may be integrated into the Site and may be used to train AI within the Site.

3.4 You may not access or use, or attempt to access or use, the Services to take any action that could harm NCCI-FCNY or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. Violations of these Terms may result in civil or criminal liability.

3.5 You agree to acknowledge the Education Data Center, a partner project of NCCI, as the source of these data.

3.6 You agree that you will not use the Site, the Services, including any data, data sets or derivative works, to identify or to otherwise infringe the privacy or confidentiality rights of individuals.

4. Access and Availability of Third-Party Services and Links

4.1 The Services contain links to websites operated by persons other than NCCI that will let you leave the Site. NCCI-FCNY is not responsible for the availability of these outside resources, their contents, any link contained in a linked site, or any changes or updates to such site.

4.2 NCCI provides these links only as a convenience, and the inclusion of any link does not imply or mean endorsement by NCCI or their funders of the site or its contents.

5. Electronic User Communications

5.1 By creating an account on the Site, subscribing to receive updates, or sending emails to EDC, you are communicating electronically and therefore consent that EDC may email you. EDC will communicate with you by email to provide user support or to provide data updates.

5.2 You can change your mind at any time by clicking the opt-out link in any of our email messages. In addition, you may request removal of your personal information from our database at any time by sending an email to EDC at info@eddatacenter.org. We take your privacy very seriously.

6. Unsolicited Email Policy

6.1 The presence of email addresses on this site is not an invitation for unsolicited commercial email. The use of spiders, robots, and other technologies to collect email addresses from this site is prohibited. Senders of email are expected to abide by all applicable state and federal laws.

7. Representations and Warranties

7.1 Disclaimer of Warranties; Limitation of Liability. Access to, and use of, the Services is provided by NCCI on an “AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis. NCCI-FCNY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR RELIABILITY WITH RESPECT TO THE SITE, THE SERVICES, OR ANY DATA OR DATA SETS. NCCI-FCNY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. You expressly agree that any reliance upon any opinion, advice, statement, memorandum, data, or information distributed through the Services shall be at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NCCI-FCNY, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, MISUSE OF, OR INABILITY TO USE THE SITE, THE SERVICES, OR ANY DATA OR DATA SETS, EVEN IF NCCI-FCNY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, NCCI-FCNY'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING UNDER OR RELATED TO THESE TERMS OF SERVICE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

7.2 NCCI-FCNY does not represent or endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, data, or other information displayed, uploaded, or distributed through the Services by any user, information provider, or any other person or entity. Any reliance you place on such information is strictly at your own risk.

7.3 NCCI-FCNY does not warrant that this Site or its servers are free of viruses, malware, or other harmful or disruptive components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. NCCI-FCNY will not be liable for any damages of any kind arising from the use of this Site, including any damages caused by viruses, malware, or other harmful components, all as further set forth in Section 7.1 above.

8. Indemnification

8.1 Indemnification. You agree to defend, indemnify, and hold harmless NCCI-FCNY and their respective members, employees, volunteers, directors, officers, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, judgments, penalties, fines, expenses, and costs (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your access to or use of the Site or Services; (b) any violation by you of these Terms of Service or any applicable law or regulation; (c) any breach by you of any representation, warranty, or obligation set forth herein; (d) your use of any data or data sets obtained through the Site, including any commercial use made without an authorized license; (e) any content or submissions you provide to the Site; or (f) any claim by a third party arising from your use or misuse of the Site or Services. NCCI-FCNY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with NCCI-FCNY in asserting any available defenses. You shall not settle any such claim or proceeding without the prior written consent of NCCI-FCNY.

9. Termination

9.1 NCCI, in its sole discretion, may discontinue or restrict your access to all or part of the Services at any time and for any reason, including, without limitation, breach or assignment of these Terms of Service, without notice and without any liability to you.

10. Miscellaneous

10.1 Waiver. The failure of NCCI to enforce any provision of these Terms or to respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches. No waiver by NCCI of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

10.2 Governing Law and Jurisdiction. These Terms of Service and any dispute or claim arising out of or relating to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York for the resolution of any such dispute or claim, and you waive any objection to such jurisdiction or venue.

10.3 Severability. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

10.4 Entire Agreement. These Terms of Service, together with any additional terms incorporated by reference or posted on the Site from time to time, constitute the entire agreement between you and NCCI with respect to your use of the Site and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.

10.5 NCCI respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NCCI the written information specified below:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification and description of the copyrighted work claimed to have been infringed.
• Information reasonably sufficient to locate the allegedly infringing material on the Site.
• The address, telephone number, and an email address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

10.6 If you have any questions about the contents of the Terms, or if you have a disability that prevents you from accessing this policy electronically and requires an alternate format (e.g., audio, large print), or if you wish to correct, update or delete your personal information, you may contact EDC at any time by sending an email to info@eddatacenter.org.