Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Can Do Navigator ("the Service"), operated by IncluSend LLC ("we," "us," or "our") at candonav.app. By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of a school, district, or other organization ("Organization"), you represent that you have the authority to bind that Organization to these Terms, and "you" refers to both you individually and the Organization.

2. Description of Service

Can Do Navigator is a web-based tool that helps educators support multilingual learners (MLs) by translating WIDA ACCESS proficiency scores and Can Do Descriptors into actionable instructional strategies. The Service includes:

• Student profile management with WIDA ACCESS score entry (manual, CSV upload, or roster sync)
• Automated generation of WIDA Can Do Descriptor profiles based on proficiency levels
• An AI-powered instructional assistant ("AI Thought Partner") that provides teaching strategies and scaffolding recommendations
• Multi-school organization management with role-based access control
• Roster synchronization via Clever and ClassLink/OneRoster integrations
• Student data export (CSV and JSON formats) and PDF profile generation
• Comprehensive audit logging for FERPA compliance

3. Accounts and Registration

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• Account credentials must not be shared between users. Each user must have their own account.
• Organization owners may invite additional users and assign roles (admin, school admin, teacher, or read-only) through the admin dashboard.
• You must notify us immediately at [email protected] if you become aware of unauthorized access to your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

4. Authorized Use

The Service is intended for use by:

• K–12 educators, instructional coaches, and ESL/ELD specialists
• School and district administrators
• Other authorized education professionals

The Service is not intended for direct use by students. You agree to use the Service only for its intended educational purpose and in compliance with all applicable laws and regulations, including FERPA, COPPA, and applicable state student data privacy laws.

5. Student Data and FERPA

You acknowledge that student education records entered into the Service may be protected under the Family Educational Rights and Privacy Act (FERPA) and applicable state laws. By using the Service, you agree to the following:

• You will only enter student data that you are authorized to access and use for legitimate educational purposes.
• You will comply with your institution's data governance policies when using the Service.
• You will not enter unnecessary personally identifiable information into the AI chat feature. Student names are automatically anonymized before reaching the AI, but you should avoid including other sensitive information not relevant to instructional planning.
• You will not submit sensitive personal information such as Social Security numbers, government-issued identification numbers, financial account numbers, biometric data, health or medical information, or criminal background information. The Service is designed to process only educational data relevant to WIDA ACCESS instructional planning.
• We act as a "school official" under FERPA, providing services under the direct control of the educational institution. We will not use student education records for any purpose other than providing the Service.
• We will not use Student Data to advertise or market to students, families, or educators.

5.1 Data Processing Agreement

We offer a Data Processing Agreement (DPA) compatible with the Student Data Privacy Consortium (SDPC) National Data Privacy Agreement framework, including state-specific exhibits. Schools and districts may request a DPA by contacting [email protected].

5.2 Data Ownership

Student Data remains the property of the educational institution at all times. We claim no ownership of Student Data. Upon termination of service, we will provide a 60-day window for the institution to export its data, after which all Student Data will be permanently deleted within 90 days.

6. AI-Generated Content

The AI Thought Partner feature provides instructional suggestions and strategies based on WIDA Can Do Descriptors and student proficiency data. You acknowledge and agree that:

• Advisory only: AI-generated recommendations are advisory in nature and should be reviewed, adapted, and validated by qualified educators before implementation.
• No guarantee of accuracy: While we strive for high-quality outputs, AI responses may contain errors or inappropriate suggestions. You are responsible for evaluating all recommendations.
• Professional judgment: The Service does not replace professional educational judgment, formal assessments, or official WIDA guidance.
• No assessment function: The Service does not assess, evaluate, or score students. WIDA ACCESS scores are provided by educators as input, not generated by the Service.
• Zero Data Retention: We maintain a Zero Data Retention (ZDR) agreement with our AI provider, Anthropic. All data sent to and received from the AI has a zero-day retention period—no data is stored on Anthropic's servers beyond the duration of each request. AI chat conversations are also not stored on our servers. Chat history exists only in your browser session and is cleared when you close or refresh the page.
• Privacy protection: Student names are automatically replaced with anonymous identifiers (Student A, Student B, etc.) before data is sent to the AI. Server-side redaction provides an additional safeguard.
• No automated decision-making: The Service does not engage in automated decision-making or profiling that produces legal or similarly significant effects on students.
• AI fairness: We recognize that AI-enabled features may perform differently across individuals and groups, and may produce unintended or disparate impacts, particularly when serving diverse multilingual learner populations. We take reasonable steps to evaluate and reduce the risk of unfair outcomes. If you observe biased or inappropriate AI outputs, please report them to [email protected].

7. Subscriptions, Billing, and Free Trial

7.1 Free Trial

New accounts receive a 14-day free trial with full access to Service features. No credit card is required to start a trial. At the end of the trial period, you must subscribe to a paid plan to continue using the Service.

7.2 Paid Plans

Subscription plans and pricing are listed on our pricing page. Plans are differentiated by:

• Student capacity: The maximum number of student records your organization can maintain
• AI message allowance: The number of AI Thought Partner messages available per month
• Teacher seats: The Individual plan includes a single teacher seat; all other plans include unlimited teacher seats
• Features: CSV import, roster sync integrations, priority support, and custom training vary by plan

7.3 Billing

• Subscriptions may be billed on a monthly or annual basis. Annual subscriptions receive a 10% discount.
• All payments are processed securely through Stripe, Inc. We do not store payment card information on our servers.
• Prices are listed in U.S. dollars and are exclusive of any applicable taxes.
• If your organization exceeds the student capacity of your current plan, you will need to upgrade to continue adding students.

7.4 Cancellation

• You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period.
• No refunds are provided for partial billing periods.
• Upon cancellation, you retain access to the Service until the end of your current billing period.
• After cancellation, your account data is retained for 90 days to allow reactivation. After 90 days, all data is permanently and automatically deleted.
• Educational institutions may request export of their data at any time before deletion (see Section 5.2).

7.5 Demo Mode

The free demo mode allows visitors to explore the Service without creating an account. Demo mode uses pre-loaded sample students and is limited to 10 AI messages per visitor. No real student data is stored or entered in demo mode.

8. Usage Limits

Each subscription plan includes a monthly AI message allowance and a student record capacity limit. If you exceed your plan's message limit, the AI Thought Partner feature will be temporarily unavailable until the next billing cycle or until you upgrade your plan. If you reach your student capacity limit, you will not be able to add new students until you upgrade.

Viewing student profiles, Can Do Descriptors, and using export features are not subject to message limits.

9. Roster Sync Integrations

If your organization connects a roster provider (Clever or ClassLink/OneRoster), the following terms apply:

• You are responsible for configuring the data sharing permissions in your roster provider's admin console.
• Roster sync imports school, student, teacher, section, and enrollment data from your provider into CanDoNav.
• OAuth tokens used to access roster provider APIs are encrypted at rest using AES-256-GCM.
• You may disconnect a roster integration at any time. Disconnecting does not automatically delete previously synced data.
• We are not responsible for the accuracy or completeness of data provided by your roster provider.

10. Prohibited Uses

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Enter false or misleading student data
• Access or attempt to access student data belonging to other organizations
• Attempt to gain unauthorized access to other users' accounts or data
• Use automated tools, bots, or scripts to access the Service or extract data
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or redistribute the Service without written permission
• Use the Service in a manner that could damage, disable, or impair its operation
• Circumvent usage limits, student capacity limits, or rate-limiting mechanisms
• Use Student Data for any purpose other than legitimate educational instruction

11. Intellectual Property

• Our property: The Service, including its design, code, features, and documentation, is owned by IncluSend LLC and is protected by copyright, trademark, and other intellectual property laws.
• WIDA content: WIDA Can Do Descriptors, Key Uses Edition and related frameworks are the intellectual property of the Board of Regents of the University of Wisconsin System (WIDA). Our use and display of Can Do Descriptors is licensed through an agreement with WIDA and is provided for the educational benefit of our users.
• Your data: You retain ownership of all student data and content you enter into the Service. By using the Service, you grant us a limited license to process this data solely for the purpose of providing the Service to you.
• AI outputs: AI-generated recommendations are provided for your use and may be freely used, modified, and incorporated into your instructional materials.

12. Data Export and Portability

Organization administrators may export student data at any time via the admin dashboard in CSV or JSON format. Exported data includes student names, IDs, grade levels, native languages, school assignments, and WIDA ACCESS scores. Formula injection protections are applied to CSV exports.

Upon termination of service, we provide a 60-day window for data export. See our Privacy Policy for complete data retention and deletion details.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We do not warrant the accuracy, completeness, or reliability of any AI-generated content. Educational decisions should always be made using professional judgment. We do not warrant the accuracy of data imported from third-party roster providers (Clever, ClassLink).

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUSEND LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to indemnify and hold harmless IncluSend LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

16. Business Transfers

In the event that IncluSend LLC is involved in a merger, acquisition, reorganization, bankruptcy, or sale of assets, your personal information and Student Data may be transferred as part of that transaction. We will notify affected users and subscribing organizations within 30 days. The acquiring entity will be bound by the same data protection obligations described in these Terms and any active Data Processing Agreements. We will not sell Student Data to any third party as part of a business transaction.

In the unlikely event that IncluSend LLC ceases operations, we will protect your data, provide reasonable notice and opportunity to export, and securely delete all data in accordance with our retention policies and DPA obligations. See our Privacy Policy for full details.

17. Modifications to the Service

We reserve the right to modify, update, or discontinue any part of the Service at any time. We will make reasonable efforts to notify subscribers of material changes in advance. We are not liable for any modification, suspension, or discontinuation of the Service.

18. Changes to These Terms

We may update these Terms from time to time. We will provide at least fifteen (15) days' advance notice to subscribing organizations before making material changes, via email to organization administrators. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Colorado.

20. Severability

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

21. Accessibility

We are committed to ensuring Can Do Navigator is accessible to users with disabilities. We target conformance with WCAG 2.2 Level AA. If you experience accessibility barriers while using the Service, please contact us at [email protected] and visit our Accessibility Statement.

22. Contact Us

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