Cohort Bay
Terms of Service
These Terms of Service (“Terms”) are a contract between you and the operator of Cohort Bay (“Cohort Bay,” “we,” “us,” or “our”) for use of the Cohort Bay websites and software as a service (the “Service”). By creating an account, clicking accept, or using the Service, you agree to these Terms. If you use the Service on behalf of a school or other organization, you represent that you can bind that organization, and “you” includes that organization.
These Terms are governed by the laws of the State of Wyoming and applicable U.S. federal law, without regard to conflict-of-law rules. The Electronic Signatures in Global and National Commerce Act and Wyoming’s Uniform Electronic Transactions Act apply to electronic records and signatures used with the Service.
Our Privacy Policy explains how we handle personal information and is incorporated into these Terms.
1. The Service
Cohort Bay is back-office software for cohort-based schools, including tools for programs, admissions, tuition records, communications, a student portal, and related workflows. Features depend on your plan. We may change, add, or remove features with reasonable notice when the change is material. Beta or AI features are provided as-is and may be inaccurate; you must review outputs before relying on them.
2. Accounts and eligibility
You must provide accurate account information and keep credentials confidential. You are responsible for activity under your accounts. You must be at least 18 to create a school-admin account. Students and minors may receive accounts only through a school that is authorized to enroll them.
Google sign-in is optional. You authorize us to receive the email and profile data Google provides to create or authenticate your account.
3. School customers and end users
The school (or other customer) that subscribes is responsible for: (a) its users; (b) the legality of data it uploads; (c) FERPA, COPPA, PPRA, state student-privacy, accreditation, and consumer-protection duties that apply to the school; (d) notices and consents to students, parents, and applicants; and (e) configuring roles and access correctly.
End users (staff, instructors, students, applicants) receive access from the school. We may suspend an end user at the school’s direction or if these Terms are violated.
4. Customer data and licenses
As between you and Cohort Bay, the school owns Customer Data (records, files, and content submitted to the Service). You grant us a worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Data solely to provide, secure, and support the Service, to prevent abuse, and to comply with law.
You represent that you have all rights and consents needed to submit Customer Data, including education records under FERPA when you are a U.S. school. You will not upload data you are not allowed to share with a service provider.
We may create aggregated or de-identified data that does not identify a school or person and use it to improve the Service.
5. Acceptable use
You will not:
- Break the law or others’ rights.
- Probe, scan, or breach the Service except through a coordinated vulnerability disclosure we authorize.
- Resell the Service or share logins except as we allow.
- Upload malware, or content that is unlawful, harassing, or infringing.
- Use the Service to send spam or SMS without legally required consent.
- Reverse engineer the Service except where law allows despite this limit.
- Store PHI without a Business Associate Agreement, or use the Service as a system of record for data the school is forbidden to digitize in a third-party tool.
We may suspend or terminate access for violations, security risk, or nonpayment.
6. Fees
Paid plans are billed as described on the pricing page or order form. Fees are in U.S. dollars unless stated otherwise. You are responsible for applicable taxes. Overdue amounts may result in suspension. Unless an order form says otherwise, subscriptions renew until cancelled, and fees are non-refundable except where Wyoming or federal law requires a refund.
7. Intellectual property
We and our licensors own the Service, software, trademarks (includingCohort Bay), and documentation. These Terms do not transfer those rights. Feedback you give us may be used without restriction or obligation to you.
8. Third-party services
The Service may integrate Google, payment processors, email, SMS, and advertising lead platforms. Those providers’ terms apply to their services. We are not responsible for third-party outages or policy changes.
9. Confidentiality
Each party may receive non-public information of the other. The receiving party will use it only for the relationship under these Terms and protect it with reasonable care. This does not apply to information that is public, independently developed, or rightfully received from another source.
10. Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY WYOMING AND FEDERAL LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, OR THAT THE SERVICE WILL MEET ACCREDITATION, TITLE IV, SEVIS, OR OTHER REGULATORY REQUIREMENTS OF YOUR SCHOOL. YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE PROGRAMS.
Some jurisdictions do not allow certain disclaimers. If Wyoming or federal law does not allow a disclaimer, it applies only to the extent permitted.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Cohort Bay AND ITS OFFICERS, DIRECTORS, AND CONTRACTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM. IF YOU USE A FREE PLAN, OUR TOTAL LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
These limits do not apply to liability that Wyoming or federal law does not allow to be limited, including (where applicable) liability for fraud or willful misconduct.
12. Indemnity
You will defend and indemnify Cohort Bay against claims, damages, and reasonable legal fees arising from: (a) Customer Data; (b) your use of the Service in violation of these Terms or law; (c) a dispute between you and a student, parent, applicant, or employee; or (d) your combination of the Service with systems we do not control.
13. Term and termination
These Terms continue while you use the Service. Either party may terminate for material breach if not cured within 30 days after notice. We may terminate immediately for illegal use or unpaid invoices after notice. Upon termination we will make Customer Data available for export for a reasonable period stated in your plan or 30 days, then delete it from production systems except backups and records we must keep by law.
14. Dispute resolution and venue
Before filing a lawsuit, the parties will try in good faith to resolve the dispute by email to hello@cohortbay.com for at least 30 days.
Exclusive venue for court actions that are not settled is the state or federal courts located in Wyoming, and each party consents to personal jurisdiction there. THE PARTIES WAIVE A JURY TRIAL TO THE EXTENT WYOMING AND FEDERAL LAW ALLOW.
Nothing in these Terms limits a consumer’s non-waivable rights under the Wyoming Consumer Protection Act or a student’s or parent’s rights under FERPA.
15. Changes to these Terms
We may update these Terms by posting a new effective date. Material changes will be noticed to the school-admin email on file. If you do not agree, stop using the Service and cancel before the new terms apply. Continued use after the effective date is acceptance.
16. Miscellaneous
These Terms are the entire agreement for the Service unless an executed order form or data-processing addendum says otherwise (that writing controls if it conflicts). You may not assign these Terms without our consent, except to a successor of your school. We may assign to an affiliate or in a sale of the business. If a provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver. Notices to us go to hello@cohortbay.com. Notices to you go to the admin email on the account.