Early Access Terms & Trademark

These Early Access Terms (“Terms”) govern your participation in the Boomerang Projects early-access program (the “Service”). Boomerang Projects is a product of Boomerang Classroom, Inc. (“Boomerang Classroom,” “we,” “us,” or “our”). By signing up for early access, creating an account, or otherwise using the Service, you (“you,” “your,” or the “Early-Access Partner”) agree to these Terms.

If you are using the Service on behalf of a school, district, or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.

1. What Early Access is

Boomerang Projects is currently in early access. That means:

• The product is being actively developed. Features may be added, modified, deprecated, or removed during the early-access period.
• Early access is offered free of charge to invited cohort members during the early-access period.
• Service availability is not guaranteed. We will, however, communicate clearly and quickly about anything that affects classrooms.
• Either party may end the early-access engagement at any time, with or without cause. If we end early access for you, we will return or delete your data as described in the Data Ownership and Termination sections below.

Early access exists so that real classrooms shape the product before general release. Your feedback is the point.

2. Eligibility

You may participate in early access if:

• You are an educator, instructional leader, school administrator, or district representative aged 18 or older.
• You have authority to use the Service in your professional capacity at the institution where you intend to use it.
• You are not legally barred from using the Service under the laws of your jurisdiction.

The Service is not intended for use directly by students under 13 without appropriate institutional consent and adult oversight. School-based use is governed by Section 7 (Student Data, FERPA, and COPPA).

3. Account registration and security

To use the Service you must create an account. You agree to:

• Provide accurate information and keep it current.
• Keep your credentials confidential and not share them.
• Notify us promptly at drew@boomerangclassroom.com if you suspect unauthorized access to your account.

You are responsible for activity that occurs under your account.

4. Acceptable use

You agree not to:

• Upload content that infringes the rights of others, including copyright, trademark, or privacy rights.
• Use the Service to harass, surveil, profile, or discipline students in ways the Service is not designed for.
• Attempt to reverse engineer, decompile, or extract source code from the Service except as permitted by applicable law.
• Resell, sublicense, or redistribute the Service without our prior written permission.
• Interfere with the integrity or performance of the Service, or attempt to gain unauthorized access to it.
• Use the Service for anything illegal or in violation of any school, district, state, or federal policy applicable to your use.

We may suspend or terminate access for violations of this section, with notice when feasible.

5. Fees

Early access is provided free of charge to invited cohort members for the duration of the early-access period. No payment information is required.

If and when paid plans are introduced, you will be notified in advance and given the option to (a) continue under a paid plan, (b) stop using the Service, or (c) export your data before any transition. No charge will be applied without your explicit opt-in.

6. Data ownership

You own your data. This includes:

• Content you upload (project documents, annotated bibliographies, rubrics, feedback comments, student work submitted through the Service).
• Account metadata and any roster information you provide.

We claim no ownership of your content. We process it only to operate the Service for you. We do not sell, rent, or share your data with advertising networks or data brokers.

You grant us a limited, non-exclusive, royalty-free license to host, store, transmit, display, and back up your content solely for the purpose of operating, maintaining, and improving the Service for you and your institution.

7. Student data, FERPA, and COPPA

Boomerang Projects is built to be student-data-aware:

• When the Service is used in a school setting, the institution is the FERPA-covered party. We operate as a school official under the FERPA “school official exception,” processing personally identifiable information from education records only at the institution’s direction.
• For students under 13, the school provides consent under COPPA’s school-authorization model, on behalf of parents, for the limited educational uses described in our Privacy & FERPA page.
• We minimize collection. We do not require student email or phone for core product features.
• A Data Processing Addendum (DPA) is available on request and will be executed before any production-scale rollout in a school or district.

For the full data-handling description, see the Privacy & FERPA page.

8. Intellectual property

Our IP. The Service — including the software, design, brand marks (“Boomerang Projects,” “Boomerang Classroom,” the boomerang mark, all logos, wordmarks, and trade dress), user interface, documentation, and underlying technology — is owned by Boomerang Classroom, Inc. and protected by U.S. and international intellectual property laws. Nothing in these Terms grants you any right in our IP except the limited right to use the Service.

Your IP. You retain all rights in content you upload. See Section 6.

9. Feedback

We may invite you to share feedback, feature requests, ideas, suggestions, or improvements (collectively, “Feedback”). You grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, distribute, and incorporate Feedback into the Service without obligation to compensate you or attribute the Feedback to you.

This does not include your content or your student data, which remain governed by Sections 6 and 7.

10. Confidentiality

During early access you may receive information about unreleased features, internal roadmaps, performance data, or product strategy that we mark or describe as confidential (“Confidential Information”). You agree to:

• Keep Confidential Information confidential using the same care you use for your own confidential information.
• Use it only to evaluate and provide feedback on the Service.
• Not disclose it to third parties (other than employees and contractors with a need to know, who are bound by similar confidentiality obligations).

These obligations continue for two (2) years after the end of early access. Confidential Information does not include information that is publicly available, already known to you, independently developed by you, or required to be disclosed by law (with reasonable advance notice to us when feasible).

11. Third-party services

The Service may interoperate with or link to third-party services (for example, single sign-on providers or document storage). We do not control third-party services and are not responsible for their content, terms, or privacy practices. Your use of third-party services is governed by their own terms.

12. Term and termination

These Terms begin when you first access the Service and continue until the early-access period ends or your access is terminated, whichever comes first.

• By you: You may stop using the Service at any time. Email drew@boomerangclassroom.com to request account closure and data return or deletion.
• By us: We may suspend or terminate your access at any time, with or without cause, with reasonable notice when feasible. We may terminate immediately for material breach of these Terms or for conduct that creates legal, safety, or operational risk.
• End of early-access period: When general availability begins, these Early Access Terms will be replaced by a successor agreement. You will be notified in advance and given the option to continue under the new terms or stop using the Service.

On termination: You may export your content for thirty (30) days after termination. After that, we will delete your content from production systems on a reasonable schedule, subject to backup retention and legal-hold requirements. We will return or delete student data in accordance with the DPA and applicable law.

13. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” DURING THE EARLY-ACCESS PERIOD, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE EXPLICITLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You acknowledge that the Service is under active development and may contain bugs, incomplete features, or unexpected behaviors. You should not use the Service for high-stakes assessment, formal grade-of-record entry, or compliance-critical workflows during early access without independent verification.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BOOMERANG CLASSROOM, INC., ITS AFFILIATES, OR ITS PERSONNEL BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY;
• THE COST OF SUBSTITUTE PRODUCTS OR SERVICES;

ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS (US $100) OR (B) THE AMOUNT YOU HAVE PAID US FOR ACCESS TO THE SERVICE DURING THE EARLY-ACCESS PERIOD (WHICH IS ZERO UNLESS OTHERWISE STATED IN WRITING).

Some jurisdictions do not allow exclusion or limitation of certain damages, so portions of this section may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless Boomerang Classroom, Inc. and its officers, employees, and contractors from any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of:

• Your content;
• Your use of the Service in violation of these Terms;
• Your violation of any law or third-party right.

We will give you prompt notice of any claim and allow you to control the defense, provided you do so reasonably and do not settle in a way that admits liability on our behalf without our consent.

16. Trademark and affiliation notice

Boomerang Projects, Boomerang Classroom, and Boomerang Pass are trademarks of Boomerang Classroom, Inc.

Boomerang Projects is an independent product and is not affiliated with, sponsored by, or endorsed by the College Board, the International Baccalaureate Organization, or any other educational program owner.

• AP^® and Advanced Placement^® are registered trademarks of the College Board. AP Seminar, AP Research, and AP Capstone are trademarks of the College Board.
• IB^® and International Baccalaureate^® are registered trademarks of the International Baccalaureate Organization. Extended Essay is a component of the IB Diploma Programme.

All such marks are used here only descriptively, to identify the kinds of coursework Boomerang Projects can support.

17. Changes to these Terms

We may update these Terms during early access. If a change is material, we will notify you at the email address associated with your account at least fourteen (14) days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance.

18. Governing law and dispute resolution

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles. The exclusive venue for any dispute will be the state or federal courts located in Cook County, Illinois, and the parties consent to personal jurisdiction in those courts.

Before filing any formal claim, both parties agree to attempt good-faith resolution by emailing drew@boomerangclassroom.com and allowing thirty (30) days for response.

19. Miscellaneous

• Entire agreement. These Terms, together with the Privacy & FERPA page and any executed DPA, constitute the entire agreement between you and Boomerang Classroom regarding the Service during early access.
• Severability. If any provision is held unenforceable, the remaining provisions will continue in full force.
• No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Notices. Notices to you will be sent to the email address on your account. Notices to us must be sent to drew@boomerangclassroom.com.
• No agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

Contact

Questions about these Terms? Write to drew@boomerangclassroom.com.

Every early-access inquiry is read by the founder.