By clicking on the “I Agree” button below, you agree to the following Terms and Conditions (“TaC”), which includes our Privacy Policy. Appliquest® is a Software as a Service provided by  Storyboards College Admission Portfolios, LLC (“Company”) to your School, Private Company,  or Community Organization (“Customer”). 

The entire Terms and Conditions are stated below, but we want to highlight these items: 

Storyboards College Admissions Portfolios, LLC takes student and faculty data privacy very  seriously. Storyboards does not, and will never, sell or rent your Personal Data. Storyboards  does not, and will never, advertise third-party products in the Services or Software. 

You retain all intellectual property rights to the content you create through Appliquest®. This  work is private to your account, accessible by you and the people you share it with. You can  delete your account at any time, and you can withdraw consent for the collection of your  Personal Data at any time. 

You also agree that all Educational Curriculum contained in Appliquest® are the Intellectual  Property of Storyboards College Admission Portfolios, LLC. You agree not to copy—even  modified versions of the Educational Curriculum—and distribute these proprietary materials  outside of Appliquest® at the risk of liability for damages. 

“Authorized Users” are, if Customer is a School, the students, faculty, staff, and administrators  designated by the Customer to use or facilitate the Software during the TaC term. If Customer is  a Private Company or Community Organization, Authorized Users are the students and  designated employees or administrators designated by the Customer to use or facilitate the  Software during the TaC term. 

You agree that, by creating an Appliquest® account, you are an Authorized User of the  Software. You also agree that, by using Appliquest®, you are bound by the Terms and  Conditions. 

1. Definitions. 

1.1 “Data Controller” refers to Customer, who provides Company’s Software and  Educational Curriculum to Authorized Users for the purpose of processing Personal  Data. 

1.2 “Data Processor” is an entity that processes Personal Data on behalf of Customer,  including “service providers” as defined under the California Consumer Privacy Act  (“CCPA”).

1.3 “Data Protection Laws” refers to all data protection and privacy laws and regulations  applicable to the processing of Personal Data under this TaC. 

1.4 "Documentation" are the user guides, manuals, and any other materials provided by  the Company to assist the Customer’s use of the Software. 

1.5 “Personal Data” are any information that can be identified or identifiable to a natural  person, which Company processes on behalf of Customer in the course of providing  the Services. 

1.6 “Software” is the Appliquest® software application, including the Educational  Curriculum, provided by Company as a Service to Customer during the TaC term. 

1.7 “Student Data” are any Personal Data, metadata, or content directly attributable to a  student user that is collected by Company to facilitate the Services. 

2. Services. 

2.1 Software as a Service. Company shall provide to Customer the Software, according  to the terms described in Exhibit A: Software as a Service. Company grants  Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable  right to access and use the Software as a Service during the Term. 

2.2 Customer acknowledges that Appliquest® is a registered trademark of Company. 

2.3 Educational Curriculum. Company grants to Customer a limited, non-exclusive, non transferrable license to use the educational curriculum materials and content  (“Curriculum”) provided by the Software. “Curriculum” may also include  supplemental materials provided by Company, which Company grants to Customer  with a limited, non-exclusive, non-transferrable license. 

2.4 Customer may use and distribute Curriculum to Authorized Users only and solely to  further the educational purpose of the Curriculum. Customer shall not resell, sublicense, or redistribute Curriculum to any unauthorized third parties. 

2.5 Beta Services. Company may make Beta Services available to Customer.  Notwithstanding anything contrary in this TaC, Customer acknowledges that 

a) Customer has the sole discretion to use Beta Services; 

b) Beta Services may be changed at any time, including support and functionality; 

c) Beta Services may not be available or reliable, 

d) Beta Services may not have the same security or audits as the Services defined in  Section 2.1 of this TaC; and 

e) Company provides Beta Services “as-is” with no liability arising out of or in  connection with Beta Services.

3. Software License. 

3.1 License Terms. Company grants to Customer a limited, non-exclusive, non transferable, non-sublicensable, revocable license to use Software provided as part of  the Services solely for purposes described in Section 2: Services and Exhibit A:  Software as a Service. 

3.2 Customer shall not 

a) modify, disassemble, decompile, or reverse engineer Software; 

b) rent, lease, loan, sell, sublicense, or create derivative works from Software; or  c) allow access to the Software by any third party. 

4. Intellectual Property. 

4.1 Ownership. All rights, title, and interest in Company’s Services, Software, and  Educational Curriculum, including all intellectual property rights, remain with  Company. Company reserves all rights, license, or authorization with respect to any  of the intellectual property related to the Software and Educational Curriculum not  expressly authorized by this TaC. 

4.2 Feedback License. Customer grants Company a perpetual, irrevocable, royalty-free  license to use and incorporate any feedback provided by Customer into the  Company’s products and services. 

4.3 Grant of Rights. Customer grants Company a non-exclusive, worldwide, royalty-free  license to use Customer’s name, logo, and trademarks (“User Marks”) solely for the  purpose of marketing, promoting, or advertising Company’s Services. This includes,  but is not limited to, use on Company’s website, marketing materials, case studies,  press releases, and presentations. 

4.4 Revocation of Rights. Customer may revoke the rights granted under section 4.3 at  any time providing written notice to Company. Upon receipt of notice, Company  shall cease all new uses of Customer’s User Marks and shall make commercially  reasonable efforts to discontinue the use of Customer’s User Marks in existing  promotional materials. 

5. Company Obligations. 

5.1 Company shall provide Customer with access to the Software and Educational  Curriculum for the Term. 

5.2 Company shall use commercially reasonable efforts to provide support and  maintenance for Software during the Term.

5.3 Company agrees to comply with Open Records requests made under the appropriate  law of Customer’s jurisdiction. 

6. Customer Obligations. 

6.1 Feedback. Customer agrees to provide prompt and regular feedback on the  functionality, performance, and any technical issues encountered while using Software. 

6.2 Confidentiality. Customer agrees to keep all information related to Software and  Educational Curriculum confidential and not disclose it to any third party without the  prior written consent of Company. 

6.3. Compliance. Customer shall comply with all applicable laws and regulations in  connection with their use of the Software and Educational Curriculum. 

6.4 The Customer shall not: 

a) Copy, modify, or create derivative works of Software or Educational Curriculum;

b) Reverse engineer, decompile, or disassemble the Software; 

c) Distribute, sublicense, or otherwise transfer Software or Educational Curriculum to  any third party;

d) Use Software or Educational Curriculum for any purpose other than as expressly  permitted under this TaC. 

7. Disclaimer of Warranties 

THE SOFTWARE AND EDUCATIONAL CURRICULUM ARE PROVIDED “AS IS”  WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE  SERVICE IS AT CUSTOMER’S SOLE RISK. COMPANY DOES NOT WARRANT  THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES  COMPANY MAKE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE  OBTAINED BY USING THE SERVICE COMPANY MAKES NO OTHER  WARRANTIES, EXPRESS OR IMPLED, INCLUDING WITHOUT LIMITATION,  ANY IMPLED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A  PARTICULAR PURPOSE RELATING TO THE SERVICE. 

EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY  WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING  TO THE SUBJECT MATTER OF THE SERVICE. 

8. Limitation of Liability 

COMPANY SHALL NOT BE LIABLE TO CUSTOMER OR ANY USER FOR  INDIRECT, INCIDENTAL, CONSQUENTIAL, SPECIAL OR PUNITIVE DAMAGES  ARISING FROM THIS AGREEMENT THAT ARE NOT CAUSED BY OR THE 

FAULT OF COMPANY. IN NO EVENT SHALL COMPANY’S LIABILITYT FOR  DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY CUSTOMER UNDER  THE AGREEMENT, WHETHER LIABILITY IS ASSERTED ON THE BASIS OF  CONTRACT, TORT, OR OTHERWISE. 

9. Dispute Resolution 

9.1 Governing Law. This TaC shall be governed by and construed in accordance with the  laws of the State of Missouri, without regard to its conflict of law principles. 

9.2 Mediation and Arbitration. In the event of a dispute arising out of or relating to this  TaC, each Party agrees to participate in mediation, with mediation costs shared equally  by the Parties upon mutual selection of a mediator. If the mediation fails to produce a  settlement, then the dispute shall be resolved by binding arbitration in accordance with  the rules of the American Arbitration Association. 

9.3. Equitable Relief. Each Party acknowledges and agrees that a breach or threatened  breach by Customer of any of its obligations would cause irreparable harm for which  monetary damages may not be an adequate remedy and that, in the event of such breach  or threatened breach, the injured Party will be entitled to equitable relief. 

9.4. Attorneys’ Fees. In the event that any action, suit, or other legal or administrative  proceeding is instituted or commenced by either Party against the other Party arising out  of or related to the TaC, the prevailing Party is entitled to recover its reasonable  attorneys’ fees and court costs from the non-prevailing Party. 

10. Other Terms. 

10.1. Relationship of the Parties. The relationship between the Parties is that of  independent contractors. Nothing contained in the TaC shall be construed as creating any  agency, partnership, joint venture, or other form of joint enterprise, employment, or  fiduciary relationship between the Parties. Neither Party shall have authority to contract  for or bind the other Party in any manner whatsoever. 

10.2 Confidentiality. Each Party shall protect the other's Confidential Information from  unauthorized use or dissemination and use the same degree of care that each such Party  uses to protect its own Confidential Information. 

10.3. Entire TaC. The TaC, including any exhibits, constitutes the sole and entire  agreement of the Parties with respect to the subject matter of the TaC and supersedes all  prior and contemporaneous understandings, agreements, representations, and warranties,  both written and oral, with respect to such subject matter. No addendum to or  modification of the TaC is effective unless it is in writing and signed by an authorized  representative of each Party.

10.4. Assignment. Neither Party shall assign or otherwise transfer any of its rights, or  delegate or otherwise transfer any of its obligations or performance under the TaC, in  each case whether voluntarily, involuntarily, by operation of law, or otherwise, without  the other Party’s prior written consent. 

10.5. Severability. If any term or provision of the TaC is invalid, illegal, or  unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not  affect any other term or provision of the TaC or invalidate or render unenforceable such  term or provision in any other jurisdiction. 

10.6. Counterparts. The TaC may be executed in counterparts, each of which is deemed  an original, but all of which together are deemed to be one and the same TaC. A signed  copy of the TaC delivered by facsimile, email, or other means of electronic transmission  is deemed to have the same legal effect as delivery of an original signed copy of the TaC.

Exhibit A: Software as a Service 

As part of the Services, Company shall provide Customer with access to the Appliquest®  software application and associated tools and functionality described below: 

1. Appliquest® Software. 

The Software is a web-based application that allows customers to deliver Company’s  proprietary curriculum, which focuses on guiding students through the college  application process. 

2. Service Description. 

2.1 Software Access. Company grants Customer access to the Appliquest® Software for the Term. The Software is provided subject to the provisions in Section 5: Company  Obligations. 

2.2 Features and Functionality. Software includes modules that deliver Company’s  proprietary curriculum. Users may experience new features, updates, and modifications  as the Company refines the Software based on user feedback. 

2.3 Support Services. Company shall provide the following support services: 

• Online knowledge base and FAQs 

• Email support during business hours: Monday-Friday 8:00 a.m. to 5:00 p.m. CST 

2.4 Feedback Collection. Users are expected to provide regular feedback regarding their  experience with the Software. This feedback may include usability, bugs, performance  issues, and suggestions for improvements. The Company may use this feedback to  enhance the Software. 

3. Educational Curriculum Access. 

3.1 Company shall provide Customer with access to its online educational curriculum and  materials related to use of the Appliquest® software, including: 

• Guided tutorials 

• User guides and documentation 

• Sample data sets and example projects 

3.2 Services may contain links to third-party sites and other services that are not owned  nor controlled by Company. Company assumes no responsibility for the content,  privacy, or data policies and practices of these third-party sites and services. Company  shall not be liable, directly or indirectly, for damages caused or alleged to be caused by  the use or reliance on third-party sites’ content, policies, or practices.

Exhibit B: Privacy Policy 

1. Privacy Policy Overview. 

1.1 This Privacy Policy governs the use of Personal Data collected in the Services  described by this TaC, including the process of creating logins, onboarding students  and faculty, and facilitating the Software and Educational Curriculum. 

1.2 To use the Company’s Services, Authorized Users must create an account and agree  to the Terms and Conditions. If an Authorized User does not agree to the Terms and  Conditions, they cannot use the Company’s Services. 

2. Changes to the Privacy Policy 

2.1 From time to time, Company may make changes to this Privacy Policy that reflect  changes in practices or applicable Data Protection Law. If Company changes the  Privacy Policy in a way that materially affects Customer’s rights, Company agrees to  send written notice or otherwise contact Customer as required by applicable Data  Protection Law. 

2.2 Customer’s continued use of the Services following notification means that  Customer agrees to the new Privacy Policy. 

3. Data Collected 

3.1 Account Information. Authorized Users are not permitted to use the Services without  creating an account. When Authorized Users create an account, Company collects  their name, email address, password, and an optional profile picture. If Customer  accesses Services through a Clever or Google login, Company collects this  information through Clever or Google. 

3.2 Content. Company collects content that Authorized Users add to the Software,  which may include test scores, unofficial transcripts, student notes, surveys, college  application documents, student essays, portfolios, photos, and text and voice  recordings. Faculty may also create and upload activities to use with students, which  may include text and text or voice instructions for the activity. This content uploaded  by students and faculty may be considered an Education Record as defined by  FERPA. 

3.3 Messages. Company collects all messages sent and received through the Services by  Authorized Users. Messages may include text, audio, video, photos, drawings, files,  notes, hyperlinks, and documents. 

3.4 Company Communications. Company collects information sent to the Company  directly, including email, phone, or chat communications, or through responses to  Company’s optional surveys. 

3.5 Third-Party Sign-in Services. Company utilizes third-parties to create sign-ups and  log-ins using their Clever or Google accounts. Company uses the name, email  address, and profile picture provided by these third-party services. Company does  not share any Personal Data, Content, Messages, or Company Communications with  these services. 

3.6 Log Data. When Authorized Users use Services or visit Company’s marketing  website, Company collects log data such as the IP address, cookie identifiers,  browser type, operation system, device information and identifiers, and the mobile  carrier. Company may also collect additional information, such as the referring  webpage, referring search terms, pages visited, and other information about  interaction with Company’s website. 

4. Data Usage 

Company uses this data, including Personal Data, for the following purposes: 

4.1 Allow Authorized Users to access and use Services by verifying identity and storing  Login Information, Content, and Messages outline in Section 4: Data Collected. 

4.2 Provide technical support for Authorized Users. 

4.3 Provide content support to further the educational purpose of the Services. 

4.4 Provide administrations with information about how Services are being used in their  school. 

4.5 Use notifications to notify Authorized Users about activities and updates related to  the Services or their Account. 

4.6 Research, understand, and analyze user trends to improve and develop the Services.

4.7 Promote and advertise the Services. 

4.8 Investigate, prevent, and detect activities on the Services that Company believes may  violate the law, applicable regulations, or Company policies. Upon Customer’s  written request, Company may investigate accounts to determine whether they  comply with Customer’s policies

5. Data Collection Sources 

5.1 Company collects information from individuals who create accounts to use Services,  which includes Customer’s Authorized Users. Company also collected limited data from  visitors to its marketing website. 

5.2 Company collects this information from logins, documents and information entered  through the Services, from devices, and from third-party services. Information sources  include: 

a) Authorized Users: The content, communications, and other information provided  when Authorized Users use the Services. 

b) Other People: When Authorized Users provide information about other people  when using the Services, such as when a student might include information about  parents or teachers from another school. 

c) Devices: Company collects information from and about the computers and other  web-connected devices used to access the Services. 

d) Third-Parties: When Authorized Users create an account using a third-party  service (e.g. Clever or Google), Company access the name, profile picture, and email  address provided by these services. 

6. Data Protections 

6.1 Company does not, and will never, sell or rent Personal Data of any Authorized  Users. Nor will Company ever create profiles of Authorized Users to sell or rent. 

6.2 Company does not, and will never, advertise third-party products in the Services or  Software. 

6.3 Company does not, and will never, allow for in-app purchases through student  accounts. 

6.4 Students retain all intellectual property rights to the content they create through the  Services. Teachers and faculty also retain all intellectual property rights to the  content they create through the Services. Company does not claim ownership of any  student- or faculty- created work that is part of the Services. 

6.5 This work is private to their accounts, accessible only by Authorized Users given  access to their particular account through the process outlined in the Documentation.  Company cannot, however, limit all forms of sharing content (e.g. posting  screenshots to social media), and Company will not be liable for unauthorized  sharing outside of the processes outlined in the Documentation.

6.6 Authorized Users can access, correct, or download for transport any Personal Data  collected by Company. 

6.7 Company retains the right to permanently delete accounts that have not been  accessed by the Authorized User for a period of more than two years. Company  retains the right to permanently delete accounts of students who are no longer  enrolled with the Customer. 

6.8 Authorized Users can delete their account at any time, and Company will  permanently delete the account and all data and content within sixty (60) days, unless  required to keep it under application Data Protection Laws. 

6.9 Authorized Users can withdraw consent for the collection of Personal Data at any  time, but the Authorized User will no longer be able to access Services. 

6.10 All Personal Data collected is described in Section 6 of Exhibit B. Company  intentionally limits data collection to what is necessary to provide and improve the  Services. 

7. Legal Compliance. 

7.1 FERPA. Data collected by Company includes Student Data from education records  that are subject to the Family Educational Rights and Privacy Act (“FERPA”). If  Customer is a school entity subject to FERPA, Customer agrees to designate  Storyboards College Admissions Portfolios, LLC as a “School Official” under direct  control of the school with regard to the use and maintenance of FERPA records, to  the extent that Student Data includes FERPA records. Company agrees to comply  with FERPA. 

7.2 COPPA. The Children’s Online Privacy Protection Act (“COPPA”) protects personal  information belonging to a child younger than 13. Because the Software and  Educational Curriculum is intended for high school students applying to post secondary institutions, Customer agrees to notify Company and wait for a written  response from Company before allowing any student subject to COPPA to become an  Authorized User of the Services. 

8. Data Sharing 

Company will share Personal Data in the following limited circumstances. 

8.1 To facilitate Data Processing with third-party data service providers, according to the  terms in Exhibit C: Data Processing Agreement. 

8.2 To provide school administrators with information about how Services are  performing in their schools.

8.3 To comply with applicable Data Processing Laws, including valid and applicable  Sunshine Law requests. 

8.4 To facilitate the sale, merger, bankruptcy, sale of assets, or reorganization of  Company. The obligations in this Privacy Policy will apply to data transferred to the  new entity. Written notification, or other means as required by law, of any  subsequent changes to the Privacy Policy will be sent to Customer. Customer will  have the right to accept these changes, negotiate a modification with the new entity,  or have its Personal Data deleted in its entirety. 

Exhibit C: Data Processing Agreement 

1. Roles and Scope of Processing. 

1.1 Role of Parties. Customer is the Data Controller of Customer Data, and Company  shall process Customer Data only as a Data Processer acting on behalf of Customer. 

1.2 Customer Processing of Customer Data. Customer agrees that it shall comply with  its obligations as a Data Controller under Data Protection Laws in processing  Customer Data. Customer has provided notice and obtained (or shall obtain) all  consents and rights necessary under Data Protection Laws for Company to process  Customer Data. Customer certifies that its consents comply with Data Protection  Laws. 

1.3 Company Processing of Customer Data. Company shall process Customer Data  only for the purposes described in the TaC. The parties agree that this TaC contains  the entirety of the agreement and that any processing outside the scope of this TaC requires express written instructions that are incorporated into this TaC. Company  agrees to abide by all relevant Data Protection Laws. 

1.4 Details of Data Processing. The subject matter of the data processing under this TaC is related to the Education Curriculum provided by the Software. The purpose of the  data processing is to further the use of the Software as a Service. The nature of the  processing is facilitating the students’ creation of college application materials and  their interaction with authorized users. 

2. Subprocessors 

2.1 Authorized Subprocessors. Customer agrees that Company may engage  Subprocessors to process Customer Data of Customer’s behalf. Customer agrees that  they have asked for any disclosures they require pertaining to Company’s use of  Subprocessors, and expressly authorizes Company to utilize those Subprocessors. 

2.2 Changes to Subprocessors. If Company engages a new Subprocessor, Company  agrees to notify Customer of the new Subprocessor. Customer may object, in  writing, to Company’s appointment of the new Subprocessor within five (5) business  days of the notice, provided that the objection is based on reasonable grounds  relating to data protection. The parties shall engage in good faith discussions to  attempt to resolve the issue. If no agreement is reached, Customer may suspend or  terminate this TaC and request a pro-rated refund of fees paid. 

2.3 Subprocessor Obligations. Company shall enter into a written agreement with  Subprocessor that impose the same obligations for Data Protection as required by the  Company under this TaC and by Data Protection Laws. Company is responsible for  ensuring that Subprocessors comply with the obligations of this TaC and Data  Protection Laws. As they pertain to the relationship between Company and 

Customer, Company remains responsible for acts or omissions of the Subprocessor  that cause Company to breach its obligations under this TaC. 

3. Data Security 

3.1 Security Measures. Company shall implement and maintain appropriate security  measures to protect the confidentiality of Customer Data. Customer is entitled to  review information relating to these security measures before signing this TaC.  Customer agrees that by signing this TaC, it approves of Company’s data Security  Measures. 

3.2 Updates to Security Measures. Company agrees to inform Customer of any updates  to Security Measures. Customer is responsible for reviewing this information to  determine whether the Security Measures meet Customer’s legal obligations under  Data Protection Laws. Customer agrees that Security Measures are subject to  technical development and that Company may modify the Security Measures  periodically provided that these modifications do not degrade the overall Security  Measures agreed to in this TaC. 

3.3 Confidentiality of Processing. Company ensures that any person authorized by  Company to process Customer Data shall have an appropriate obligation of  confidentiality, whether contractual or by Data Protection Law. 

4. Audits of Compliance. 

4.1 Where Data Protection Laws afford Customer an audit right, Company will allow  Customer, or third-party appointed by Customer, to conduct an audit to verify  Company’s compliance with its obligations under this TaC. This audit request must  be submitted in writing with a reasonable start date, scope, and duration. 

4.2 The audit must be conducted during Company’s regular business hours, with  reasonable advance notice, carried out in a manner that causes no unnecessary  disruption to Company’s operations, and maintains reasonable confidentiality  procedures. 

4.3 Company may charge Customer a reasonable fee, based on Company’s costs, for the  audit. Customer is responsible for any fees charged by a third-party auditor. 

4.4 Company may object to a third-party auditor if, in Company’s assessment, the third party auditor is not suitably qualified, independent, or is a competitor of Company. 

4.5 Nothing in the terms of this TaC allows for Customer or a third-party auditor to  access data of another Company customer, Company’s internal financial information,  a Company trade secret, information that could compromise Company’s security  procedures, cause Company to breach its obligations to Customer or to violate Data Protection Laws, or any information not directly related to Company’s data Security  Measures under this TaC.