Terms of Service

1. Acceptance of Terms

Welcome to Charter Lottery, operated by Visualize Digital ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Charter Lottery platform, including our website, applications, and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

If you are using the Service on behalf of an organization (such as a charter school or school network), you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

Charter Lottery provides a software platform for managing charter school enrollment lotteries. The Service includes:

• Online application management for charter school enrollment
• Cryptographically secure, randomized lottery execution
• Waitlist management and seat acceptance tracking
• Parent/guardian portal for application submission and result viewing
• Administrative tools for school and organization management
• Notification services (email and SMS)
• Document upload and verification features
• Reporting and data export capabilities
• Audit trail and compliance documentation

The Service is designed to comply with applicable state lottery regulations and the Family Educational Rights and Privacy Act (FERPA).

3. User Accounts

3.1 Account Types

The Service supports different account types with varying levels of access:

• Parent/Guardian Accounts: For submitting applications, managing student information, and viewing lottery results
• School Administrator Accounts: For managing school-specific lotteries, applications, and enrollment
• Organization Administrator Accounts: For managing multiple schools, users, and organization settings

3.2 Account Registration

To use certain features of the Service, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

3.3 Account Security

You are responsible for safeguarding your account credentials. We recommend using a strong, unique password and enabling multi-factor authentication when available. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Submit false, misleading, or fraudulent information in applications
• Attempt to manipulate, interfere with, or circumvent the lottery process
• Access or attempt to access accounts or data belonging to other users
• Use automated systems (bots, scripts, scrapers) to access the Service without authorization
• Attempt to reverse engineer, decompile, or disassemble any part of the Service
• Interfere with or disrupt the Service or servers/networks connected to it
• Transmit viruses, malware, or other malicious code
• Violate any applicable laws, regulations, or the rights of others
• Use the Service to discriminate against any person on the basis of race, color, national origin, sex, disability, or any other protected characteristic
• Share or export student data in violation of FERPA or other privacy laws

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including removing content, suspending accounts, and reporting violations to law enforcement.

5. Lottery Integrity

Charter Lottery is committed to providing fair, transparent, and auditable lottery processes. Our lottery system:

• Uses cryptographically secure random number generation
• Maintains complete audit trails of all lottery executions
• Produces results that can be independently verified
• Complies with applicable state lottery regulations

While we make every effort to ensure the integrity of the lottery process, the final enrollment decisions rest with the charter schools using our Service. Schools are responsible for verifying applicant eligibility and complying with their authorizer's requirements.

Any attempt to manipulate or circumvent the lottery process is a serious violation of these Terms and may result in immediate account termination and referral to appropriate authorities.

6. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.1 FERPA Compliance

Charter Lottery processes education records as defined by the Family Educational Rights and Privacy Act (FERPA). For organization customers (charter schools and school networks), we act as a "school official" with a "legitimate educational interest" under FERPA. We:

• Process education records only as directed by the educational institution
• Maintain strict access controls on student data
• Do not disclose education records except as authorized by FERPA
• Implement appropriate security measures to protect student information

6.2 Data Ownership

Parent/guardian users retain ownership of the student and family data they submit through the Service. Organization customers (charter schools) own the account data and administrative content they create. We do not claim ownership of user-submitted data.

7. Intellectual Property

The Service and its original content (excluding user-submitted data), features, and functionality are owned by Visualize Digital and are protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.

You may not copy, modify, distribute, sell, or lease any part of the Service or its content, nor may you reverse engineer or attempt to extract the source code of the Service, unless laws prohibit these restrictions or you have our written permission.

8. Billing and Subscriptions

8.1 Subscription Plans

Organization customers may be required to purchase subscriptions to use certain features of the Service. Subscriptions are billed at $120 per school per year. Current pricing is available on our website.

8.2 Payment Terms

Payment is processed through Stripe. By providing payment information, you authorize us to charge your payment method for all applicable fees. You are responsible for keeping your payment information current.

8.3 Refund Policy

Subscription fees are non-refundable once charged. Subscriptions may be cancelled at any time, but no refunds will be issued for the remaining subscription period.

8.4 Subscription Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to the Service through the end of your current billing period. Active lottery cycles must be completed before cancellation takes effect.

9. Termination

9.1 Termination by You

You may terminate your account at any time by contacting us at legal@charterlottery.com. For organization accounts, you may request an export of your data before termination.

9.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You breach these Terms
• You fail to pay applicable fees
• We are required to do so by law
• We believe your conduct may harm other users or the Service

9.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may retain certain data as required by law or for legitimate business purposes. Provisions of these Terms that by their nature should survive termination shall survive, including warranty disclaimers, indemnification, and limitations of liability.

10. Disclaimers

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, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT GUARANTEE ANY SPECIFIC OUTCOMES FROM LOTTERY PROCESSES, INCLUDING ADMISSION TO ANY CHARTER SCHOOL. ENROLLMENT DECISIONS ARE MADE BY THE CHARTER SCHOOLS, NOT BY CHARTER LOTTERY.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Visualize Digital AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Visualize Digital and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including privacy rights or intellectual property rights; or (d) any content you submit through the Service.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@charterlottery.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

13.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

The arbitration shall be conducted in English and shall take place in Lodi, California, unless otherwise agreed. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND Visualize Digital AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in California.

15. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be communicated to you via email or through the Service at least 30 days before they take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service before the changes take effect.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Visualize Digital regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17. Contact Us

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