These Terms & Conditions ("Terms") govern your use of schoolattendancesolutions.com, the PresenceIQ™ attendance intervention platform, the PresenceIQ Parent Portal, and our text messaging program (together, the "Services"). The Services are provided by BCA Attendance Solutions LLC, doing business as School Attendance Solutions ("we," "us," or "our"). By using the Services, you agree to these Terms. If you do not agree, please do not use the Services.
1. The Services
PresenceIQ helps schools and school districts ("Schools") understand why students miss school, coordinate attendance interventions, and communicate with families. Schools use PresenceIQ under a separate written agreement with us, such as a license, pilot or data privacy agreement. If that agreement conflicts with these Terms, the School's agreement controls for that School.
2. Who may use the Services
- School staff may use PresenceIQ only through an account authorized by their School, and only for that School's educational purposes.
- Parents and guardians may use the Parent Portal and text messaging to receive information and communicate about their own child.
- You must be at least 18 years old, or the age of majority where you live, to create an account or enroll in text messaging.
- You are responsible for keeping your login information confidential and for activity under your account. Tell us right away if you think your account has been misused.
3. SMS program
Program description. BCA Attendance Solutions (PresenceIQ) sends attendance and account notification text messages to parents and guardians who opt in through the PresenceIQ Parent Portal or a School enrollment form. Messages may include absence and tardy alerts, attendance updates, meeting reminders and account notices.
- Message frequency varies.
- Message and data rates may apply. Check with your mobile carrier for details.
- Help: text HELP for help, call (855) 211-6436, or email brandon@schoolattendancesolutions.com.
- Opt out: reply STOP at any time. You will receive one message confirming you are unsubscribed, and no further messages will be sent unless you opt in again by replying START.
- Consent to receive text messages is not a condition of service.
- Mobile carriers are not liable for delayed or undelivered messages.
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. See our Privacy Policy for details.
4. AI features
PresenceIQ uses artificial intelligence to help identify attendance patterns, suggest supports and draft family communications. AI output can be incomplete or wrong. It is a tool to support trained school staff, not a substitute for their professional judgment. Schools and their staff remain responsible for reviewing AI output and for all decisions about students and families. PresenceIQ does not provide legal, medical, mental health or social services advice.
5. Acceptable use
You agree not to:
- Use the Services for any purpose other than legitimate educational and attendance work, or to communicate about your own child.
- Access student or family information you are not authorized to see, or share it with anyone not authorized to receive it.
- Upload false information, harmful code, or content that is unlawful, harassing or discriminatory.
- Try to break, probe or get around the security of the Services.
- Copy, resell, reverse-engineer or build a competing product from the Services.
- Use the Services in a way that violates FERPA, New York Education Law § 2-d, or any other law.
6. Privacy and student data
Our Privacy Policy explains how we handle information. When we process student information for a School, we do so as a "school official" under FERPA, and for New York Schools in compliance with Education Law § 2-d. The School owns and controls its student data. We do not sell student data or use it for advertising. When a School's agreement ends, we delete or return that School's data within 90 days unless the School directs otherwise or the law requires us to keep it.
7. Intellectual property
The Services, including the PresenceIQ™ name and logo, software, designs, written materials, intervention frameworks and content, are owned by BCA Attendance Solutions LLC and protected by copyright, trademark and other laws. We give you a limited, non-exclusive, non-transferable right to use the Services as allowed by these Terms and any agreement with your School. All other rights are reserved.
Schools keep ownership of the data they provide. If you send us feedback or suggestions, we may use them without any obligation to you.
8. Third-party services
The Services rely on third-party providers, such as hosting, database, messaging and email services. We are not responsible for services we do not control, but we require our providers to protect information consistent with our Privacy Policy.
9. Disclaimers
The Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Services will be uninterrupted or error-free, that any message will be delivered, or that use of the Services will produce any particular attendance result.
10. Limitation of liability
To the fullest extent permitted by law, BCA Attendance Solutions LLC will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from your use of the Services. Our total liability for any claim relating to the Services will not exceed the greater of the amount you paid us for the Services in the 12 months before the claim, or $100. Some places do not allow these limits, so they may not apply to you.
11. Indemnification
You agree to defend and hold harmless BCA Attendance Solutions LLC from claims arising from your misuse of the Services or your violation of these Terms or the law. This section does not apply to parents and guardians using the Services only to receive information about their own child, or to Schools to the extent their agreement with us says otherwise.
12. Suspension and termination
We may suspend or end access to the Services if you violate these Terms, if required by law, or to protect students, families or the security of the Services. School staff access ends when their School's agreement ends or when the School removes their account. Parents and guardians may stop text messages at any time by replying STOP. Sections that by their nature should continue after termination will continue.
13. Governing law
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. Any dispute will be brought in the state or federal courts located in New York, and you consent to their jurisdiction, unless a School's agreement with us says otherwise.
14. Changes to these Terms
We may update these Terms from time to time. We will post the updated version here with a new "last updated" date. If changes are material, we will notify Schools, and when appropriate parents, before they take effect. Continuing to use the Services after the changes take effect means you accept them.
15. Contact us
BCA Attendance Solutions LLC (d/b/a School Attendance Solutions)
New York, United States
Email: brandon@schoolattendancesolutions.com
Phone: (855) 211-6436