Instructional Products Terms of Service
Modern Classrooms Project
Effective March 17, 2026
Overview
These Terms of Service govern access to and use of instructional products provided by Modern Classrooms Project (“MCP”), including MCP’s:
Resource Hub - an all-in-one source for MCP’s curricular and professional-learning materials.
Digital Progress Tracker - an online tool teachers can use to track students’ progress.
Next Step Math - an AI-powered tool for mastery assessment and targeted intervention.
These instructional products are provided to schools and local education agencies (“LEAs”) pursuant to written agreements, including Service Agreements and Student Data Privacy Agreements (“SDPAs”), where applicable.
Acceptable Use
Users may not:
Access accounts or data they are not authorized to access, including sharing login credentials with unauthorized individuals
Attempt to interfere with or disrupt system integrity, security, or availability
Reverse engineer, copy, scrape, or attempt to extract source code or content from the products
Use the products for commercial, political, or non-educational purposes
Circumvent any access controls, content filters, or authentication mechanisms
Violations of this policy may result in suspension or termination of access. Where required by applicable agreements, MCP will notify the relevant LEA of confirmed misuse by users associated with that district.
Data Governance
Student Data and Educator Data are governed by written agreements between MCP and the applicable LEA, including applicable Student Data Privacy Agreements (SDPAs).
MCP processes Student Data as a service provider and "School Official" under FERPA, under the direct control of the LEA.
MCP retains Student Data only for as long as necessary to provide services under the applicable agreement. Upon termination of a district agreement, Student Data will be deleted or returned to the LEA within [30/60/90] days, consistent with the applicable SDPA.
In the event of a confirmed breach of Student Data, MCP will notify the affected LEA within 72 hours of discovery, consistent with applicable law and written agreements.
Requests related to access, correction, or deletion of Student Data must be directed to the applicable school or LEA.
Intellectual Property
MCP retains all rights, title, and interest in and to its instructional products, software systems, and related materials.
Student-generated content remains under the control of the LEA, consistent with applicable law and written agreements.
Nothing in these Terms transfers ownership of MCP intellectual property to users or LEAs except as expressly provided in written agreements.
AI-Supported Features
Certain instructional products may include AI-supported features designed to generate instructional insights. AI outputs are advisory in nature, and remain subject to educator review and discretion.
Where AI features are powered by external systems used by MCP, Student Data is not retained by those systems beyond the scope of generating a real-time response.
Service Availability
MCP makes reasonable efforts to maintain availability and reliability of its instructional products.
However, the products are provided subject to applicable written agreements and may be updated, modified, or improved over time.
Accessibility
MCP is committed to making its instructional products accessible to all users, including students and educators with disabilities. MCP strives to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and applicable requirements under the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act.
To report an accessibility issue or request an accommodation, please contact: [email protected]
Third-Party Services / Subprocessors
MCP may engage third-party vendors or subprocessors to support the delivery of its instructional products. Any subprocessor with access to Student Data is required to maintain data privacy and security standards consistent with applicable law and MCP's written agreements with LEAs.
A current list of subprocessors is available upon request by contacting [email protected]. MCP will provide reasonable advance notice to LEAs of any material changes to its subprocessor relationships that may affect Student Data.
Limitation of Liability
To the extent permitted by law and consistent with applicable written agreements, MCP shall not be liable for indirect, incidental, special, or consequential damages arising from use of the instructional products.
Where liability is not otherwise limited by a written district agreement, MCP's total cumulative liability to any LEA shall not exceed the total fees paid by that LEA to MCP in the twelve (12) months preceding the event giving rise to the claim.
Nothing in these Terms limits obligations expressly set forth in applicable district agreements.
Termination
Either party may terminate access to MCP instructional products by providing written notice consistent with the terms of the applicable Service Agreement.
MCP reserves the right to suspend or terminate access immediately in the event of material misuse, a security threat, or as required by law. In non-emergency situations, MCP will provide reasonable advance notice to the LEA before suspension or termination.
Upon termination, the LEA's right to access and use the products ceases. Data handling following termination is governed by the applicable SDPA.
Dispute Resolution
In the event of a dispute arising from these Terms, the parties agree to first attempt resolution through good-faith negotiation. If the dispute is not resolved within 30 days, the parties agree to submit the matter to non-binding mediation before pursuing litigation.
Nothing in this section limits either party's right to seek injunctive or other equitable relief in cases involving intellectual property, data security, or imminent harm.
Governing Law and Jurisdiction
This Privacy Policy and any disputes arising from or related to MCP's processing of Student Data under this Policy are governed by the laws of the District of Columbia, without regard to its conflict of law provisions.
Nothing in this section limits the rights of LEAs or parents under applicable federal or state student privacy laws, including FERPA, COPPA, or applicable state statutes, regardless of jurisdiction. Where an LEA's Student Data Privacy Agreement specifies a different governing law, the terms of that agreement control with respect to that LEA.
Any legal action or proceeding arising under this Policy, to the extent not governed by a separate written agreement, shall be brought exclusively in the courts of the District of Columbia, and the parties consent to personal jurisdiction in those courts.
Modifications
MCP may update these Terms from time to time. Updates will be posted publicly with an updated effective date.
Continued use of the instructional products pursuant to district authorization constitutes acceptance of the updated Terms.
Contact
Questions regarding these Terms may be directed to [email protected].