Terms of Service

1. Acceptance of Terms

By accessing or using NOCTI Compass ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. These Terms apply to all users, including educators, administrators, students, and visitors.

2. Description of Service

NOCTI Compass provides web-based assessment analytics tools for Career and Technical Education (CTE) programs. The Service allows authorized users to upload assessment data, generate visual dashboards, compare program performance against benchmarks, and share results with colleagues and students.

The Service may include features that are free, features that require a paid subscription, and features offered on a trial basis. Pricing and plan details are described on the Service or provided at the time of registration. We may change pricing with 30 days' notice.

Marketing emails: Free account holders are opted in to receive occasional emails about new products, features, and educational resources. You can opt out at any time. We do not share your email address or personal information with third parties for marketing purposes.

3. Account Registration

3.1 Eligibility

You must be at least 18 years old to create an account. If you are using the Service on behalf of an educational institution, you represent that you have the authority to bind that institution to these Terms.

3.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

3.3 Student Access

Students may access their individual assessment results via time-limited PINs issued by their instructor. Student PIN access does not constitute a full account and is governed by these Terms to the extent applicable.

4. Your Data

4.1 Ownership

You retain ownership of all assessment data and files you upload. NOCTI Compass processes this data on your behalf to provide the Service.

4.2 Authorization

By uploading assessment data that includes student information, you represent and warrant that:

• You have the legal right and authorization to upload that data, including compliance with FERPA and any applicable state or institutional policies.
• The data has been collected and is being shared in accordance with applicable privacy laws.
• You have obtained any necessary consents required for processing the data through the Service.

4.3 Processing and Deletion

We process your data solely to provide the Service. You may request deletion at any time via your account settings or by contacting support. We will delete such data within 30 days of a verified request.

4.4 Aggregated Data

We may create anonymized, aggregate datasets from processed data (e.g., state or national benchmark averages). These contain no personally identifiable information, are owned by NOCTI Compass, and may be used to improve the Service.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Upload data you are not authorized to share
• Attempt to reverse-engineer, decompile, or extract the Service's proprietary logic
• Attempt to gain unauthorized access to other users' data or systems
• Transmit malware, spam, or abusive content
• Share account credentials with unauthorized individuals
• Use automated tools (bots, scrapers) without written permission
• Misrepresent your identity or institutional affiliation

6. Intellectual Property

6.1 The Service

The NOCTI Compass platform, including its software, visual design, dashboard layouts, algorithms, and documentation, is the proprietary property of NOCTI Compass.

6.2 Your Content

Data, files, and content you upload remain yours. You grant NOCTI Compass a limited, non-exclusive license to process, store, and display that content solely to provide the Service.

7. Subscriptions and Payments

7.1 Plans

The Service may offer free and paid plans. Plan features, pricing, and billing terms are described at the time of subscription.

7.2 Billing

• Paid subscriptions are billed in advance on a monthly or annual basis.
• All fees are non-refundable except as required by law or as described below.
• We reserve the right to change pricing with 30 days' written notice.

7.3 Cancellation and Refunds

• You may cancel your subscription at any time.
• Access continues through the end of the current billing period.
• Pro-rated refund for annual subscriptions cancelled within the first 30 days. After 30 days, annual subscriptions are non-refundable.
• Monthly subscriptions: no partial-month refunds.

8. Service Availability

We strive to keep the Service available 24/7 but do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice. We are not liable for temporary outages or data loss caused by factors beyond our control.

9. Termination

9.1 By You

You may close your account at any time. Upon closure, your data will be deleted within 90 days.

9.2 By Us

We may suspend or terminate your account if you violate these Terms, your account is inactive for more than 12 consecutive months, or we are required to do so by law. We will provide notice and an opportunity to remedy where practicable.

10. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available" without warranties of any kind.
• NOCTI Compass shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
• Total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless NOCTI Compass from any claims, damages, or expenses arising from your violation of these Terms, your upload of unauthorized data, or your use of the Service in violation of applicable law.

12. Dispute Resolution

We prefer to resolve disputes informally. Contact us first at [email protected]. If we cannot resolve within 30 days, either party may pursue binding arbitration or litigation in the courts of the state in which NOCTI Compass is organized.

13. Modifications

We may modify these Terms from time to time. We will notify registered users of material changes at least 14 days before they take effect.

14. General

• Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and NOCTI Compass.
• Severability: If any provision is held invalid, the rest remain in effect.
• No waiver: Failure to enforce any provision does not constitute a waiver.