SwiftFlock Terms of Service

Effective Date: 20 AUG 2025
Operating Jurisdiction: Michigan, United States

1. Acceptance of Terms
   By accessing or using SwiftFlock (the Service), you (Attendee or Presenter) agree to these Terms of Service (Agreement). If you do not agree, you may not use the Service.
2. Definitions
   Attendee – Any individual participating in a session through the Service.
   Presenter – Any individual creating, managing, or analyzing sessions using the Service.
   Session Data – Information generated during the use of the Service, including but not limited to attendance, groupings, and participation metrics.
   User Data – Information provided directly by Attendees or Presenters, such as responses to questionnaires or availability inputs.
3. Data Ownership and Privacy
   All User Data remains the property of the individual or institution that provides it.
   SwiftFlock does not sell or publicly disclose User Data.
   User Data may only be visible to authorized Presenters or institutional advisors. Group membership may imply limited information to other Attendees, but individual responses are not shared without authorization.
4. FERPA Compliance (for Educational Use)
   When used in K-12 or higher education settings, SwiftFlock will handle User Data in compliance with the Family Educational Rights and Privacy Act (FERPA). Specifically:
   Access Limitation – Personally identifiable education records will be visible only to authorized Presenters, advisors, or institutional officials with a legitimate educational interest.
   Security – The Service employs encryption, authentication, and HTTPS to protect User Data.
   Data Minimization – The Service collects only data necessary for group formation, attendance, and session participation.
   Institutional Agreement – Institutions using the Service agree that SwiftFlock operates as a school official with a legitimate educational interest under FERPA.
   Rights of Review/Deletion – Institutions (and Attendees through their institutions) may request review or deletion of User Data consistent with FERPA requirements.
   Audit Support – SwiftFlock maintains internal records of access to User Data to support institutional FERPA compliance.
5. Use of Data
   Session Data may be retained and used at the sole discretion of the authorized Presenter, advisor, or institution.
   SwiftFlock may use de-identified or aggregated data to improve the Service.
6. No Guarantee of Outcomes
   Group assignments are algorithmically generated and are not guaranteed to be ideal for all scenarios.
   Attendees and Presenters use the Service at their own risk.
7. Prohibited Uses
   Users may not:
   • Copy, distribute, or create derivative works of the Service.
   • Attempt to bypass or disable security measures.
   • Use the Service for unlawful purposes or in violation of institutional or organizational policies.
8. Limitation of Liability
   The Service is provided 'as is' without warranties of any kind. SwiftFlock, its developers, and affiliates disclaim liability for any indirect, incidental, or consequential damages resulting from use of the Service.
9. Termination of Access
   SwiftFlock may suspend or terminate access if this Agreement is violated or if the Service is misused.
10. Governing Law
    This Agreement shall be governed by and construed under the laws of the State of Michigan, United States, without regard to its conflict-of-law principles.
11. Updates to the Agreement
    SwiftFlock may update these Terms from time to time. Continued use of the Service constitutes acceptance of any updates.