logo

Triand Terms of Service

Effective Date: May 12, 2021

By using the triand.com web site (“Service”), or any services of Triand, Inc.(“Triand”, “we”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Triand reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: Triand Terms of Service.

Violation of any of the terms below will result in the termination of your Account. While Triand prohibits such conduct and Content on the Service, you understand and agree that Triand cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be 13 years or older to use this Service.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
  4. You are responsible for maintaining the security of your account and password. Triand cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  6. If you are using a free account you are not permitted to block ads.
  7. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
    You may access your Triand account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Triand, is bound by the terms of this agreement plus the following specific terms:
    • You expressly understand and agree that Triand shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Triand has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
    • Abuse or excessively frequent requests to Triand via the API may result in the temporary or permanent suspension of your account's access to the API. Triand, in its sole discretion, will determine abuse or excessive usage of the API. Triand will make a reasonable attempt via email to warn the account owner prior to suspension.
    • Triand reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
  8. One person or legal entity may not maintain more than one free account.
  9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

Credit Cards

  1. A valid credit card is required for accounts paying by credit card. Free accounts are not required to provide a credit card number.
  2. If you initially sign up for a paying account you will be billed immediately and then monthly starting on the 30th day after your subscription was initially started. If you cancel prior to the processing of your next invoice on the 30th day, you will not be charged again.
  3. An upgrade from the free account to any paying account will end your free trial. You will be billed for your first month immediately upon upgrading.
  4. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  6. Subscriptions with Promotional Codes financially fund the Sponsor Program.
  7. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  8. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Triand does not accept any liability for such loss.

Purchase Orders

  1. Triand accepts Purchase Orders for a minimum subscription of one school for three months.
  2. Once we receive your P.O or payment your teachers will be able to save their tests.
  3. The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Triand does not accept any liability for such loss.

Sponsor Program

You promote the Service. When a District subscription occurs containing your assigned Promotional Code you will earn $30 per school after their first month's payment and $5 per school of future monthly payments for as long as their subscription remains open. As long as your earnings are over $500 you'll be paid 45 days past the end of quarter. Payments are made via PayPal to your email address. To apply for the Sponsor Program email support@triand.com

Triand API Service - For Third Party Educational Vendors

Triand provides an Application Programing Interface (API) for other educational vendors ("Vendor") to use with schools, districts and State Agencies, that give the vendor legal authorization to access student data using automation.

From time to time Triand will offer an automated service that utilizes the API to nightly bundle API data into various zip file formats and SFTP the zip files to vendor specified accounts. This nightly zip file bundling and SFTP is at Triand's discretion and the cost is included in the API Service.

Data Sharing

  1. Vendor represents it has a legal agreement with the respective school, district, or state, to access their student information ("Student Data").
  2. An authorized employee of the school, district, or State Agency (the "Educational Entity") must allow vendor access to their respective Student Data using the Triand website. The Educational Entity owns all Student Data and is granting the Vendor a limited, non-exclusive, non-transferable, term-limited right and license to use Student Data solely for the purpose of purpose of student aid programs, or improving instruction (the "Permitted Purpose"), for as long as the authorized employee of the Educational Entity allows vendor access.
  3. Vendor shall maintain and protect the confidentiality of Student Data and keep Student Data in a secure environment, with access restricted solely to personnel bound by a written confidentiality agreement that includes a non-disclosure obligation with respect to Student Data.
  4. Vendor shall comply strictly with all state and federal laws that apply to the use of Student Data, including, without limitation, the Family Educational Rights and Privacy Act, 20 U.S.C. §1232(g) and its regulations (34 C.F.R. Part 99) (“FERPA”). Vendor shall not retain, use, disclose any such information for any purpose other than the Permitted Purpose.
  5. Vendor shall not release, reveal or distribute, directly or indirectly, Student Data to any third party without the prior written consent of the Educational Entity.
  6. Vendor shall not make copies of Student Data except as reasonably necessary for the Permitted Purpose or as authorized in writing by the Educational Entity.
  7. Vendor shall not transmit Student Data via unencrypted email or other unsecured means.
  8. Vendor shall follow a data security plan that is consistent with generally accepted standards with respect to the protection of Student Data.
  9. Upon service termination Vendor shall promptly destroy all copies of Student Data, with the exception of backups which are automatically deleted over time in accordance with Vendor’s data retention and destruction policies, and, upon the written request of Triand, an authorized officer of Vendor shall deliver a written certification that such action has been taken in accordance with the terms hereof within thirty (30) days of the receipt of written request from Triand.

Subscribing to the Triand API Service - Payment and Refunds Terms

  1. Triand charges $100 per school per school year (about $8.33 per month) for API access.
  2. There is a minimum Purchase Order (PO) quantity of 40 schools ($4k minimum PO amount).
  3. Once we receive your PO, or payment, your API access will be enabled.
  4. The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Triand does not accept any liability for such loss. Triand will downgrade your service if payment is not received in a timely manner.
  7. To access the API service you will need to perform the following:

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the navigation bar at the top of the screen. The 'Cancel my account' screen provides a simple no questions asked cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. Triand, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Triand service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Triand reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. Triand reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Triand Site (www.triand.com) or the Service itself.
  3. Triand shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. All content posted on the Service is must comply with U.S. copyright law. Please review our copyright compliance policy .
  2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
  3. Triand does not pre-screen Content, but Triand and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  4. The look and feel of the Service is Copyright © 2002-2021 Triand, Inc.. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Triand.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that Triand uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Triand, or any other Triand service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Triand.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Triand customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Triand) of other Triand customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  12. Triand does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  13. You expressly understand and agree that Triand shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Triand has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  14. The failure of Triand to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Triand and govern your use of the Service, and supersede any prior agreements between you and Triand (including, but not limited to, any prior versions of the Terms of Service).
  15. Questions about the Terms of Service should be sent to support@triand.com.