Terms of Service

Last updated: June 29, 2025

These Terms of Service ("Terms") govern your use of the Chestnut Tools web application (sometimes stylized as "chestnut.tools" or "Chestnut.Tools", hereby referred to as "Service") operated by Samir Buch ("Service Provider", "we", "us", or "our"). By accessing or using our Service, you agree to be bound by these Terms.

Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms of Service and our Privacy Policy. If you disagree with any part of these terms, you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

Description of Service

Chestnut Tools is a web-based school management platform that provides student roster management, attendance tracking, schedule management, and related educational administration tools for universities and higher education institutions.

User Accounts

You must provide accurate and complete information when creating an account
You are responsible for safeguarding your account credentials and all activities under your account
You must notify us immediately of any unauthorized use of your account
One person or entity may not maintain more than one account without prior written consent
You must be at least 18 years old to create an account

Acceptable Use

You agree NOT to use the Service to:

Violate any applicable laws, regulations, or third-party rights
Upload, post, or transmit any content that is harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
Interfere with or disrupt the Service or servers/networks connected to the Service
Attempt to gain unauthorized access to any portion of the Service, other accounts, or computer systems
Use the Service to store or transmit malicious code, viruses, or other harmful software
Violate any applicable data protection laws including FERPA, COPPA, or GDPR
Reverse engineer, decompile, or disassemble any part of the Service
Use the Service for any commercial purpose without our express written consent

Student Data and Educational Records

We understand the sensitive nature of educational records and student data:

Student educational records are protected under the Family Educational Rights and Privacy Act (FERPA)
We act as a service provider processing student data solely on your behalf
You retain ownership and control of all student data uploaded to the Service
We implement appropriate administrative, technical, and physical safeguards to protect student data
We will not use student data for advertising, marketing, or any commercial purposes unrelated to providing the Service
We will not re-disclose student information without proper authorization
A Data Processing Addendum is available upon request for compliance requirements

Intellectual Property Rights

The Service and its original content, features, and functionality are owned by the Service Provider and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain rights to any data you upload to the Service
You grant us a limited license to process your data solely to provide the Service
Our Community Edition source code is available under the AGPL v3 license
Commercial licenses are available for organizations requiring proprietary modifications

Open Source Licensing

Chestnut Tools offers multiple licensing options:

Community Edition: Licensed under AGPL v3 - free to use with source code availability requirements
Chestnut.Tools Cloud: Hosted SaaS solution with commercial terms
Enterprise Self-Host: Commercial license allowing proprietary modifications

If you modify the Community Edition, you must share modifications under the same AGPL v3 license. See our pricing page for detailed licensing information.

How These Terms Apply

These Terms of Service apply to all users of Chestnut Tools regardless of which tier you use:

Community Edition users: Subject to AGPL v3 license terms plus these Terms of Service
Cloud subscribers: Subject to subscription terms and all provisions herein
Enterprise customers: Subject to these Terms plus any executed Enterprise License Agreement
Multiple tiers: If you use multiple tiers, all applicable terms apply to your respective usage

Subscription and Payment Terms

For paid subscription plans:

Subscription fees are billed in advance on a monthly or annual basis
All fees are non-refundable except as required by applicable law
We may change our pricing with 30 days' advance notice
Failure to pay may result in suspension or termination of your account
You are responsible for any taxes applicable to your use of the Service

Data Backup and Export

You are responsible for maintaining backups of your data
We provide data export functionality through the Service interface
Upon termination, you have 30 days to export your data before it may be deleted
We are not responsible for any data loss resulting from your failure to backup data

Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted access to the Service
We may perform scheduled maintenance that temporarily affects Service availability
We will provide reasonable notice of scheduled maintenance when possible
We are not liable for any downtime, service interruptions, or resulting damages

Termination

Either party may terminate this agreement:

You may terminate your account at any time through the Service interface
We may suspend or terminate accounts that violate these Terms
We may terminate the Service with 30 days' notice
Upon termination, your right to use the Service ceases immediately
Provisions regarding data protection, liability, and intellectual property survive termination

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE PRECEDING 12 MONTHS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU

Indemnification

You agree to indemnify, defend, and hold harmless the Service Provider from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Any data you upload to or process through the Service

FERPA Compliance

For educational institutions subject to FERPA:

We acknowledge that student records are confidential under FERPA
We agree to use student data only for authorized educational purposes
We will not re-disclose student information without proper authorization
We maintain appropriate administrative, technical, and physical safeguards
We will comply with your institution's FERPA policies and procedures

Data Processing and Privacy

We process personal data in accordance with our Privacy Policy
For EU residents, we comply with GDPR requirements
Legal basis for processing includes contract performance and legitimate interests
Data subjects have rights regarding their personal data as outlined in our Privacy Policy
A Data Processing Addendum is available for organizations requiring formal data processing agreements

Modifications to Terms

We reserve the right to modify these Terms at any time
Material changes will be notified via email or Service announcement at least 30 days in advance
Continued use of the Service after changes constitutes acceptance of the new Terms
If you do not agree to modified Terms, you must stop using the Service

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service will be resolved in the appropriate courts of competent jurisdiction.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Service Provider regarding the use of the Service and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: support [at] chestnut.tools
For legal matters: legal [at] chestnut.tools

By using Chestnut Tools, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.