Terms of Service

1. Who these terms are between

These terms are an agreement between LaBarge Group LLC, a Michigan limited liability company doing business as As Written (“As Written”, “we”, “us”), and you — the school district, school, or individual educator using the As Written application (the “Service”).

Contact: support@aswritten.app

By signing in to the Service with a Google account, you agree to these terms. If you are agreeing on behalf of a school or district, you confirm you are authorized to do so.

These terms incorporate the As Written Privacy Policy, which describes what data the Service touches, where it is stored, and who can see it. Where the two could be read to conflict, the Privacy Policy governs on questions of data.

2. Who is authorized to use the Service

The Service is offered to a limited number of school districts that have arranged access with us directly. Access is granted by agreement with LaBarge Group LLC — not by possession of the Service’s web address.

Accordingly:

• If your district has arranged access with us, you are authorized, and every member of staff with an email address on your district’s domain is authorized through that arrangement. We do not license per teacher, and you do not need to tell us when you add or remove staff.
• If your district has not arranged access with us, you are not authorized to use the Service — even if you have the web address and even if signing in appears to work. Please write to support@aswritten.app instead.
• We may require any unauthorised use to stop, and may act to prevent it, including by adding a technical control of the kind described above. Adding one may make the Service stop working for accounts that were never authorized.

3. Cost

The Service is provided free of charge to the districts taking part in the pilot. Nothing in these terms obliges us to continue providing it free of charge, and nothing obliges you to pay for it. If we introduce charges, we will say so in writing before they apply to you, and you will be able to decline and stop using the Service — §5 and §8 describe what happens to your records if you do.

4. What the Service is, and what it is not

The Service helps a teacher record which of a student’s IEP or 504 accommodations were used on a given school day, and writes that record into a Google Sheet.

It is a documentation tool. It is not:

• a system of record we maintain on your behalf — you hold your own records (§5);
• legal, special-education, or compliance advice;
• a determination of whether an accommodation was appropriately delivered, or of whether a student’s plan has been met;
• a substitute for the professional judgment of the teacher, the case manager, or the district.

The record is pre-filled and then reviewed. For each submission the Service proposes a code for every accommodation on every student’s plan, drawn from that student’s own defaults as configured from your district’s accommodation list, and the teacher changes the exceptions before submitting. That review step is the integrity of the record. A record nobody reviewed is a risk whether it is on paper or on a screen, and we will not describe the Service in a way that suggests otherwise.

5. Your records are yours, and they stay with you

This is the most important commitment in these terms.

Every record the Service creates is written to a Google Sheet in the teacher’s own Google Drive, inside that teacher’s own Google Workspace account, created by the Service inside the teacher’s own session. We do not hold a copy.

What that means concretely:

• If you stop using the Service, your records remain. Every spreadsheet, every student tab, every daily code stays in your staff’s Drive, readable in Google Sheets without the Service and without us.
• If we stop providing the Service, your records remain. The same is true if we discontinue it, if our agreement ends, or if LaBarge Group LLC ceases to exist.
• If you decline to pay for the Service in the future, your records remain. There is no lock-out, no export fee, and no data of yours for anyone to hold, because we never held it.
• The same is true of your district’s own two files — your accommodation list and your status sheet are created by you, in your Drive, from templates we provide. You own them from the moment you create them. We are not given access to them.
• We have no access to any file containing a student’s name, and we cannot delete, withhold, or read your records. That is a standing rule of ours and it is also how the Service is built.

You own and control your own records. We ask you to recognize the other side of that: their retention, their accuracy, and their availability for any review or proceeding are your responsibility, under your own Google Workspace policies.

6. Your responsibilities

• Accuracy. You are responsible for reviewing each submission before making it, and for the accuracy of the record you create. §4 describes how pre-filling works.
• Your accommodation list. The list of accommodation categories the Service documents against is yours, maintained by your staff. We do not write it and do not check it.
• Who may use it. You are responsible for which of your staff you give the Service to, and for removing access when a staff member leaves, through your own Google Workspace administration.
• Deactivate, never delete. We ask every district to adopt this as an operating rule from day one. When a student leaves a class or no longer needs an accommodation, mark them inactive — do not delete the record. A documentation record that has been deleted cannot answer a question later, and it is not something we can undo for you, because we hold no copy.
• Keep student names out of places they do not belong. Two places in the Service accept free text typed by a teacher: an individual accommodation’s wording, and a class name. Neither needs a student’s name in it, and both are visible on screen and in any screenshot or recording of it.
• Google’s terms. Your use of the Service is also subject to your agreement with Google for Google Workspace.

7. Acceptable use

You agree not to: use the Service other than as authorized under §2; attempt to access another teacher’s or another district’s data; probe, scan, or interfere with the Service or the Google infrastructure it runs on; use the Service to store data unrelated to accommodation documentation; resell, sublicense, or provide the Service to a third party; or remove or obscure any notice of ownership.

8. Suspension, termination, and what happens to your records

• You may stop at any time. A teacher can revoke the Service’s access to their Google account at myaccount.google.com/permissions. A district can stop using it with no notice to us.
• We may suspend or end access — for unauthorised use under §2, for a breach of §7, where required by law, or because we discontinue the Service. Except where urgency or law prevents it, we will give reasonable notice.
• On termination, by either side: your records stay where they are (§5). Your staff’s class spreadsheets, your accommodation list and your status sheet are all in your own Drive and are unaffected. We will, on request, delete the district settings we hold, as described in the Privacy Policy. We ask you not to delete any student documentation as part of winding down — see §6.

9. Pilot status, and what we do not promise

The Service is in a pilot. It is provided “as is” and “as available”, without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

Specifically, we do not warrant that:

• the Service will be available, uninterrupted, or error-free;
• it will be compatible with every browser, device, or assistive technology — it has been exercised in Chrome on desktop; it has not been tested with a screen reader, and we make no accessibility conformance claim;
• Google’s own services, quotas, or limits will permit any particular level of use;
• the record it produces will satisfy the requirements of any particular district, state agency, auditor, or legal proceeding;
• any change we make will preserve existing behavior.

We will tell you about material changes to how the Service handles data before we make them, by updating the Privacy Policy and notifying your district contact.

10. Limitation of liability

To the maximum extent permitted by law, As Written and LaBarge Group LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, records, profits, or goodwill, arising out of or related to the Service — including any claim arising from a documentation record’s content, completeness, retention, or absence.

Our total aggregate liability arising out of or related to the Service will not exceed the greater of the amounts you paid us for the Service in the twelve months before the claim or one hundred United States dollars (US$100).

Nothing in this section limits liability that cannot lawfully be limited.

11. Indemnity

You agree to indemnify and hold harmless As Written and LaBarge Group LLC from any third-party claim arising from your use of the Service in breach of these terms, from documentation records you create, or from your handling of student data in your own systems.

12. Student data, FERPA, and district agreements

The records the Service helps you create are education records under FERPA, and they are yours.

• You are the educational agency that controls them. We do not own them, do not hold them, and cannot read them.
• We have no access to any file containing a student’s name.
• These terms are not a data privacy agreement. Where your district requires a vendor to be designated a school official under FERPA’s school-official exception, or requires a data privacy agreement or student-data addendum on your own or a state consortium’s template, we expect to enter into one, on your terms, and it will govern over these terms on any question of student data. Write to support@aswritten.app.

13. Intellectual property

We own the Service, including its software, name, logo and documentation, and the file templates we provide. These terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service as authorized under §2, and nothing more. You own your records, your accommodation list and your status sheet; we claim no rights in their contents.

14. Changes to these terms

We may change these terms. We will post the change on this page, update the date at the top, and — for a change that materially reduces your rights — notify your district contact. Continuing to use the Service after a change takes effect means you accept it. If you do not, stop using the Service; §5 and §8 describe what happens to your records.

15. Governing law and disputes

These terms are governed by the laws of the State of Michigan, without regard to its conflict-of-law rules, and the courts located in the State of Michigan have exclusive jurisdiction over any dispute arising out of or related to these terms or the Service.

16. Entire agreement, severability, and no waiver

These terms, together with the Privacy Policy and any signed data privacy agreement under §12, are the entire agreement between us about the Service. A signed district agreement governs over these terms where they conflict. If any provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it.