Last updated: June 7, 2025
This Agreement includes the accompanying Terms and Conditions and contains, among other things, warranty disclaimers, liability limitations and use limitations. There will be no force or effect to any different terms or similar form even if signed by the parties after the date hereof. Each party’s acceptance of this Agreement was and is expressly conditional upon the other’s acceptance of the terms contained in this Agreement to the exclusion of all other terms.
a. Student instruction shall occur at the student’s home, under the supervision and coordination of the Parent (“Parent”) using the internet, and access to the Prisma curriculum, live virtual learning platform and support services. Parent acknowledges that Prisma is a US-based online private school. Any decisions to modify or selectively utilize the service and curriculum shall be at the discretion of and the sole responsibility of Parent.
b. Subject to the terms and conditions of this Agreement, Prisma will provide Parent with access to the Services through the internet and through application programming interfaces (APIs) and/or other platforms operated or provided by third parties (“Third Party Services”). The Services are subject to modification from time to time at Prisma’s sole discretion. Prisma will use reasonable efforts to give Parent prior written notice of any such modification.
c. Subject to the terms hereof, Prisma will provide reasonable support to Parent for the Services from Monday through Friday during Prisma’s normal business hours.
a. Access to the Services may require the Parent to install certain software applications and utilize certain Third Party Services. Parent agrees to be bound by any End-User Agreements that govern the installation and use of such client software applications or Third Party Services platforms. Prisma is not responsible for the operation of any software applications or Third Party Services nor the availability or operation of the Services to the extent such availability and operation is dependent upon the software applications or Third Party Services. Parent is solely responsible for procuring any and all rights necessary to access the software applications and Third Party Services and for complying with any applicable terms or conditions thereof. Prisma does not make any representations or warranties with respect to any software applications, Third Party Services or third party providers. Any exchange of data or other interaction between Parent and third party provider is solely between Parent and such third party provider and is governed by such third party’s terms and conditions.
b. Parent will cooperate with Prisma in connection with the performance of this Agreement by making available such information as may be reasonably required and taking such other actions as Prisma may reasonably request. Parent will also cooperate with Prisma in establishing a password or other procedures for verifying that only the Parent and, as applicable, the student, have access to the Services.
c. Parents will be responsible for all matters relating to this Agreement (“Primary Contact”). Parent may change the individual designated as Primary Contact at any time by providing written notice to Prisma.
d. Parent represents and warrants that they have the full right and authority to enter into this Agreement and use the Services, Curriculum and Software as contemplated hereunder. Parent is solely responsible for complying with any applicable national, state or local school district requirements related to online private school and/or homeschool attendance and instruction and the use of Prisma Learning curriculum resources and services for that purpose
Parent represents and warrants that it meets all requirements of private school online education, including, without limitation, by completing all filings and complying with all requirements applicable per national, state or local law where the student’s education is governed. You may reside in a country US state where K-12 students who attend online private schools are classified as home schooled (such as MA, MD, NY, and possibly others); are required to complete state-specific standardized testing; or are held to other requirements specific to private school and/or online students. It is the sole responsibility of Parent to investigate and comply with any such requirements, these and otherwise.
Parent is solely responsible for compliance with all K-12 education regulations that apply to their child, including for meeting any additional requirements beyond those which Prisma fulfills, both in the US and internationally. All registration, recordkeeping or other requirements are the sole responsibility of Parent. (E.g. Your state may require more seat time than Prisma provides—Prisma complies with Florida private school seat time requirements. If your state requires additional seat time, you are responsible for making sure that your child meets the requirements of your state.)
e. Parent hereby agrees to indemnify and hold Prisma harmless against any damages, losses, liabilities, settlements and expenses (including, without limitation, costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of this Agreement or otherwise from Parent’s use of Services.
f. Parent hereby agrees that both they, and their student(s), will engage collaboratively with Prisma, and other participating students and families, as applicable, to create a fair, equitable and respectful learning environment. Although Prisma has no obligation to monitor the student or Parent’s use of the Services, Prisma may do so, and, Prisma reserves the right to remove any content or prohibit or limit any use of the Services if it believes any Parent or student has (or is alleged to have) acted in violation of Prisma’s expectations regarding respectful behavior and communications.
g. Parent will be responsible for creating accounts to access Services and for maintaining the security of accounts, user passwords and files, and for all uses of Parent accounts with or without Parent’s knowledge or consent.
h. Parent acknowledges and agrees that as between the parties, Parent is fully and solely responsible at all times for ensuring the health and safety of their student(s).
i. To protect the privacy and security of all Prisma learners, all parties who have access to Prisma’s online education platform, Parent and Learner included, agree NOT to record, copy, download, broadcast, or disseminate in any format any image, video, voice recording, or Prisma-related work of any kind associated with other Prisma learner(s) without the express written consent of each involved learner’s legal guardian(s). Both Parties agree to be bound by the Terms of Service and Privacy Policy (https://www.joinprisma.com/privacy). Prisma agrees that it will collect, maintain and secure student information only as required to effectuate the Services offered under this Agreement and pursuant to applicable laws and Prisma’s Privacy Policy. Specifically, but without limitation, Prisma will not use the data collected pursuant to the delivery of its Services for any marketing purpose, including, without limitation, to send marketing text messages, and will comply with the notice, “opt out” and other provisions of applicable law.
Except as expressly set forth herein, Prisma alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Curriculum, Services and the Software or any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Parent or any third party relating to the Service, Curriculum and/or the Software, which are assigned to and are the sole property of Prisma. Parent will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this Agreement. This Agreement is not a sale and does not convey to Parent any rights of ownership in or related to the Service, Curriculum or Software or any intellectual property rights.
a. Parent will pay Prisma the published fee rate as set forth on Prisma’s website at https://www.joinprisma.com/tuition (the “Fees”) applicable at the time payment is made, less any financial support provided by Prisma. Fees will be separately invoiced to the Parent. All payments will be made in accordance with the invoice terms. If not otherwise specified, payments will be due within thirty (30) days of invoice and are nonrefundable.
b. Unpaid Fees are subject to a finance charge of one percent (1.0%) per month, or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable attorneys’ fees. Service fees under this Agreement are exclusive of all taxes, including national, state or provincial and local use, sales, value-added, property and similar taxes, if any. Parent agrees to pay such taxes, if applicable.
a. Parent may terminate the agreement without cause with thirty (30) days’ prior written notice in advance of the next academic term, as published by Prisma.
b. In the event of a Parent’s failure to pay according to the terms of this Agreement and any applicable invoice, Prisma may terminate this Agreement thirty (30) days following the payment due date as provided in the invoice.
c. In the event of any other material breach, the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty-day period.
d. All sections of this Agreement, which by their nature should survive termination, will survive termination, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.
Except for the warranties expressly provided herein, the services and Prisma proprietary information and anything provided in connection with this agreement are provided “as-is,” without any warranties of any kind. Prisma (and its agents, affiliates, licensors and suppliers) hereby disclaim all warranties, express or implied, including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In no event will Prisma (or any of its agents, affiliates, licensors or suppliers) be liable for any indirect, punitive, incidental, special or consequential damages, or cost of procurement of substitute goods, services or technology, arising out of or in any way connected with the use of the services or anything provided in connection with this agreement, the delay or inability to use the services or anything provided in connection with this agreement or otherwise arising from this agreement.
The total liability of Prisma, whether based in contract, tort (including negligence or strict liability) or otherwise, will not exceed the fees paid to Prisma hereunder. The foregoing limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Parent except with Prisma’s prior written consent. Prisma may transfer and assign any of its rights and obligations under this Agreement with written notice to Parent.
Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
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