College Guidance Network
ParentGPS Mobile App
End-User License Agreement
Last Updated: February 1, 2025
PLEASE READ THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE AGREEING TO INSTALL THE APPLICATION. THIS IS A LEGAL AGREEMENT BETWEEN COLLEGE GUIDANCE NETWORK, INC (“LICENSOR”) AND YOU OR THE CUSTOMER OR END USER ON WHOSE BEHALF YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT (“YOU” OR “YOUR”) THAT BINDS YOU. This Agreement is between you and Licensor for the licensing of the application that accompanies this Agreement, including all associated media or documentation (collectively, the “Application”).
BY DOWNLOADING OR USING THE PARENTGPS APPLICATION (THE “APPLICATION”), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT and agree to the terms of the Privacy Policy of College Guidance Network, Inc. as found at https://www.parentgps.com/privacy-policy (“Privacy Policy”).
Please note that this Application and the services offered are only open to users 18 years of age or older, and by downloading, accessing or using the app you acknowledge that you are at least 18 years of age.
Licensor reserves the right to modify and update this Agreement at any time in its discretion. Notice of such modifications and updates may be communicated by e-mail, the Company Website, or other commercially reasonable method. Any such modifications or updates are effective and enforceable against you upon publication. If you continue to access the Application after the revised Agreement has been posted, then you agree to the updated Agreement.
IF YOU DO NOT AGREE, DO NOT DOWNLOAD THE APPLICATION; YOU MUST DELETE ANY COPY IN YOUR POSSESSION OR CONTROL.
1. License Grant and Limitations
1.1 License Grants. During the term of this Agreement, which shall be for the term defined in Section 5 (Term and Termination), and conditioned upon your full compliance with all of the Agreement’s terms and conditions, Licensor grants to you a limited, personal, nonexclusive, nonsublicensable, nontransferable, nonassignable, revocable license to install and/or use the Application in accordance with the terms hereof and the Privacy Policy.
1.2. License Limitations. The license(s) granted in Section 1.1 are conditioned upon your compliance with the following limitations:
1.2.1 Reverse Engineering. You may not, intentionally or unintentionally, directly or indirectly: (i) decompile, decipher, disassemble, reverse engineer or otherwise attempt to access source code of the Application, (ii) circumvent any technical limitations in the Application that limit or restrict access to or use of the Application or any content, file, or other work, (iii) violate any applicable local, state, national or international law or regulation in connection with your use the Application, (iv) infringe any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity), (v) use the Application for any illegal, harmful, or abusive activity, (vi) automatically or programmatically extract data or output, (vii) represent that output was human-generated when it was not, or (viii) access or use the Application to develop any similar, substitute, or competing products or services, including without limitation, to train or develop any machine learning or artificial intelligence technologies.
1.2.2 No Distribution, Rental or Transfer. You may not distribute, publish, rent, lease, lend, transfer, sublicense, disclose or otherwise provide the Application to any third party.
1.2.3 No Modification or Derivative Works. You may not modify or create derivative works of the Application, in whole or in part.
1.2.4 Proprietary Notices. You may not remove any proprietary notices or labels on the Application or any copy thereof.
1.2.5 Non-Permitted Uses. You may not attempt to gain unauthorized access to the Application or others users’ accounts whether through hacking, password mining, false key creation, or any other means. Without limiting any of the foregoing, you may not make any use of the Application in any manner not expressly permitted by this Agreement.
1.2.6 No Service Attacks. You may not institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Application, directly or indirectly introduce or submit any harmful or disabling code to the Application, or otherwise attempt to disrupt the Application or any other party's use of the Application. In the event that you make or assist in such an attempt, Licensor reserves the right to seek damages or criminal prosecution to the maximum extent permitted by law.
2. Reservation of Rights and Ownership.
2.1 Licensor, its licensors, affiliates, parent or suppliers own(s) and, shall at all times retain, all right, title and interest, including all intellectual property rights, in and to the Application and Licensor’s website (including but not limited to any images, photographs, animations, video, audio, music, text, and functionality), any accompanying printed materials, and any copies of all or any portion of the source code contained therein, and Licensor reserve(s) all rights not expressly granted to you in this Agreement. The Application is protected by copyright and other intellectual property rights, laws and treaties. All trademarks, logos, trade names, service marks and other identifying characteristics (collectively, “Marks”) displayed on the Application are the property of Licensor or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of Licensor or such respective holders.
2.2 All information, files, graphics, images, documentation, communications and any other input or material (except Feedback (defined below)) that you choose to submit using the Application (collectively, “User Submissions”), if any, are understood to be submitted voluntarily. Licensor does not claim ownership of User Submissions, and aggregated or anonymized data derived from User Submissions shall not constitute your User Submissions or confidential information. However, by submitting, uploading, posting, or transmitting User Submissions and/or personally identifiable information through the Application, you hereby grant to Licensor a worldwide, royalty-free, non-exclusive, sublicensable license to use, distribute, reproduce, modify, adapt, create derivative works of, publish and/or translate those User Submissions in accordance with this Agreement. Licensor also has the right to use any aggregated or anonymized data derived from User Submissions for its business purposes. You are solely responsible for all User Submissions uploaded, downloaded, posted, emailed, transmitted, stored or otherwise made available through the Application. You agree that your User Submissions will not: (i) infringe any copyright, trademark, patent, trade secret, or other intellectual property or proprietary right of any party; (ii) be profane, obscene, indecent or violate any law or regulation; (iii) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (iv) incite discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; or (v) restrict or inhibit any other user from using the Application. Licensor has no obligation to monitor User Submissions, however, Licensor reserves the right to determine whether any User Submission is appropriate and in compliance with this Agreement, and may pre-screen, monitor, filter, restrict, block, move, refuse, modify or remove User Submissions at any time in its sole discretion, without prior notice, and/or suspend or terminate your account and/or access to the Application upon any violation of this section. Licensor does not guarantee the security or availability of any User Submissions or other information transmitted or stored through the Application.
2.3 You may choose to, or Licensor may invite you to, submit comments, suggestions, or ideas about the Application, including how to improve the Application (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, and without restriction and will not place Licensor or its suppliers under any fiduciary or other obligation. You hereby irrevocably assign to Licensor all right, title and interest throughout the world in the Feedback without the right to any compensation or royalties from Licensor or its suppliers and, to the extent allowed by applicable law, you waive all moral rights you may have in the Feedback. Licensor may use, copy, modify, publish, or redistribute the submission and its contents, including any Feedback, for any purpose. To the extent that such assignment is held to be invalid or unenforceable, you hereby grant to Licensor a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up, royalty-free license to use any Feedback. You also agree that Licensor does not waive any rights to use similar or related ideas previously known to Licensor, developed by its employees, or obtained from other sources.
2.4 You acknowledge that it is possible for Licensor and its suppliers, in the course of performing under this Agreement, to collect or process data (other than personally identifiable information) that is submitted, stored or generated during the registration for or use of the Application, including but not limited to aggregated or anonymized data (“Usage Data”). Licensor and its suppliers may use or disclose Usage Data for any of their business purposes, including but not limited to the purposes of billing, providing, repairing, improving, or analyzing the Application.
2.5 The Application may include, or be used in connection with, certain third party products, applications, software, integrations, and services (“Third Party Services”). Your use of any Third Party Services is subject to any terms, conditions, or policies applicable to such Third Party Services, and Licensor does not control or accept any responsibility for your use of such Third Party Services. Any use of Third Party Services is as at your own risk.
3. Output; AI-Based Advice.
The advice, information, and content provided by this Application are generated by an artificial intelligence (AI) system and are intended for informational and educational purposes only. While efforts have been made to ensure accuracy and relevance, the AI system does not provide guaranteed, complete, or personalized advice and may not reflect the most current information or expert recommendations. When you use the Application, you understand and agree: (i) output may not always be accurate. You should not rely on output from the Application as a sole source of truth or factual information, or as a substitute for professional advice, (ii) you must evaluate output for accuracy and appropriateness for your use case, including using human review and verification as appropriate, before using or sharing output from the Application, (iii) you must not use any output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, financial, or other important decisions about them, (iv) the Application may provide incomplete, incorrect, or offensive output that does not represent Company’s views. If output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Licensor. Due to the nature of the Application and artificial intelligence generally, output may not be unique and other users may receive similar output from the Application. Your rights to output do not extend to other users’ output or any output, data, information, or materials generated by Third Party Services. Any reliance on the AI-generated content is at your own discretion and risk. Users are strongly encouraged to consult qualified professionals, such as educational counselors, career advisors, or other subject matter experts, for critical or high-stakes decisions regarding college admissions, career planning, or other important matters. The Licensor expressly disclaims any liability for decisions made based on AI-generated advice.
4. Updates.
This Agreement applies to updates to the Application as well as any services accessed through the Application (if any) that Licensor may, in its sole discretion, provide or make available to you (“Update”). If Licensor provides additional terms along with an Update, those terms will apply to the Update. If Licensor provides you an Update, Licensor may, at its sole discretion, require you to use the updated version and cease use of earlier versions. Licensor reserves the right to update or discontinue any product or service made available to you through use of the Application.
5. Term and Termination.
This Agreement begins when you first download, install, or use the Application and will remain in effect until terminated as described below. You may terminate this Agreement at any time by deleting the Application and all associated files from your device(s). Licensor may terminate this Agreement (including your access to the Application) immediately if you breach any of its terms or conditions. Upon termination, your rights to use the Application will immediately cease, and you must delete all copies of the Application in your possession or control. Sections 2 and 5 through 17 will survive termination of this Agreement, as well as any other provision which by its very nature should survive termination.
6. DISCLAIMER OF WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED AS IS AND AS-AVAILABLE WITH ALL FAULTS. LICENSOR AND ITS PARENT, AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, LACK OF VIRUSES, BUGS OR OTHER MALICIOUS CODE, ACCURACY OR COMPLETENESS OF RESPONSES, OUTPUT OR RESULTS WITH REGARD TO THE APPLICATION. LICENSOR AND ITS PARENT, AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION REMAINS WITH YOU.
LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION MAY NOT BE HACKED, COMPROMISED AND/OR CIRCUMVENTED. LICENSOR DOES NOT WARRANT THAT THE APPLICATION WILL WORK PROPERLY IN ALL ENVIRONMENTS AND APPLICATIONS AND DOES NOT WARRANT THE APPLICATION AGAINST HARMFUL ELECTROMAGNETIC INTERFERENCE INDUCTION OR RADIATION (EMI, RFI, ETC.) EMITTED FROM EXTERNAL SOURCES. THE ABILITY OF THE APPLICATION TO WORK PROPERLY DEPENDS ON A NUMBER OF PRODUCTS AND SERVICES MADE AVAILABLE BY THIRD PARTIES OVER WHICH LICENSOR HAS NO CONTROL INCLUDING, BUT NOT LIMITED TO, INTERNET, CELLULAR AND LANDLINE CONNECTIVITY; MOBILE DEVICE AND RELATED OPERATING SYSTEM COMPATABILITY; OR PROPER INSTALLATION AND MAINTENANCE OF AUTHORIZED HARDWARE AND OTHER SOFTWARE, AND LICENSOR, ITS PARENT, AFFILIATE AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO ANY OF THE FOREGOING.
7. EXCLUSIONS OF CERTAIN DAMAGES; LIMITATIONS OF LIABILITY.
IN NO EVENT WILL LICENSOR OR ITS PARENT, AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS OR BUSINESS, DAMAGES TO ANY COMPUTER, DEVICE, OR SYSTEM, LOSS OF DATA, GOODWILL, USE OR OTHER LOSSES) ARISING OUT OF OR IN ANY WAY RELATED TO THE APPLICATION OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY OF LIABILITY, REGARDLESS OF THE CAUSE OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES OR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
LICENSOR’S AND ITS PARENT’S, AFFILIATES’ AND SUPPLIERS’ ENTIRE LIABILITY UNDER THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE PRICE YOU PAID FOR THE APPLICATION. NO ACTION, REGARDLESS OF FORM, RELATING TO THE APPLICATION MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER YOU HAVE KNOWLEDGE OF THE OCCURRENCE WHICH GIVES RISE TO THE CAUSE OF ACTION.
8. (Outside of the USA) Consumer End Users Only.
(a) The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer (i.e., a person acquiring goods otherwise than in the course of a business). (b) The limitations or exclusions of warranties, remedies or liability contained in this Agreement shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
9. Third Party Software.
The Application integrates the ChatGPT API, a service provided by OpenAI, LLC (“OpenAI”), to deliver AI chatbot functionality. By using the Application, you acknowledge and agree that:
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The AI-generated content provided through the Application is powered by OpenAI’s systems and is subject to OpenAI’s Terms of Use.
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Licensor has configured the use of the OpenAI API to ensure that no user data is collected or retained by OpenAI during interactions with the Application.
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Licensor makes no representations or warranties regarding the accuracy, reliability, or suitability of the AI-generated content, which is provided on an “as-is” basis.
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The Licensor is not responsible for any outcomes resulting from reliance on AI-generated content and disclaims all liability related to the use of such content.
You agree to comply with all applicable laws and regulations regarding the use of the Application, including OpenAI’s acceptable use policies, and to avoid using the AI functionality for prohibited purposes, including but not limited to generating harmful, illegal, or unethical content.
10. Indemnification.
You agree to defend, indemnify, and hold harmless Licensor and its parent, affiliates, and suppliers and their respective officers, directors, successors, assigns, agents and employees from all claims, suits, actions, proceedings, demands and all related losses, damages, costs, liability, penalties, fines and expenses (including reasonable attorneys’ fees and costs) that arise out of or in connection with (i) your use of the Application, (ii) any breach of this Agreement by you, (iii) User Submissions, (iv) and your violation of any laws, rules or regulations or the rights of any third party.
11. Compliance with Law; Export Restrictions.
Compliance with Law; Export Restrictions. You will comply with all applicable international and national laws, rules and regulations that apply to the Application and your use of the Application, including the U.S. Export Administration Regulations, as well as end user, end use, and destination restrictions issued by U.S. or other governments. You acknowledge that the Application is of U.S. origin and subject to U.S. export jurisdiction.
12. Governing Law and Jurisdiction.
This Agreement will be construed and controlled by Massachusetts law, without giving effect to its conflict of law provisions. Each party consents to exclusive jurisdiction and venue in the state and federal courts in Massachusetts for any and all disputes, claims and actions arising from or in connection with the Application and this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
13. Privacy and Personal Information.
The products and/or services being provided under this Agreement may require the collection, processing and submission of personally identifiable information to function as intended. If you provide personally identifiable information to Licensor, you warrant that you have the legal right to do so. Licensor, its affiliates and/or its suppliers will use, process and transfer personally identifiable information and other data in accordance with applicable data privacy laws and the Privacy Policy found at https://www.collegeguidancenetwork.com/legal/privacy-notice-general/. Licensor and its suppliers will retain personally identifiable information and other data for the term of this Agreement and thereafter as may be required to protect Licensor’s, its affiliates, and/or suppliers’ legal rights or as may be required or permitted by law and/or audit requirements.
14. Mobile Device Specific Provisions.
14. Mobile Device Specific Provisions.
14.1 Apple Mobile Device Users
14.1.1. Acknowledgement: You acknowledge that the Agreement is concluded between you and Licensor only, and not with Apple. Licensor, not Apple, is solely responsible for the Application and the content thereof.
14.1.2. Scope of License: You acknowledge that the license granted herein for the Application is limited, non-transferable license to use the Application on any iPhone or iPad that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
14.1.3. Maintenance and Support: Licensor is solely responsible for providing any maintenance and support services with respect to the Application, as specified in the Agreement, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
14.1.4. Warranty: Licensor shall be solely responsible for any product warranties, whether express or implied by law, to the extent identified herein and not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Licensor’s sole responsibility to the extent identified herein.
14.1.5. Product Claims: You acknowledge that Apple is not responsible for addressing any claims relating to the Application or the end-user’s possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
14.1.6. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent not otherwise disclaimed herein.
14.1.7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
14.1.8. Third-party Beneficiary: Licensor and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.
15. General.
The section titles in this Agreement are used solely for the parties’ convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” Licensor’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. No waiver of any provision of this Agreement will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any other provision(s) or of the same provision on another occasion. If a court of competent jurisdiction holds any term, covenant or restriction of this Agreement to be illegal, invalid or unenforceable, in whole or in part, the remaining terms, covenants and restrictions will remain in full force and effect and will in no way be affected, impaired or invalidated. You may not assign, transfer or sublicense this Agreement or your rights (if any) under this Agreement. This Agreement will be binding upon all successors and assigns. This Agreement constitutes the entire agreement between you and Licensor with respect to the Application and merges all prior and contemporaneous communications and proposals, whether electronic, oral or written, between you and Licensor with respect to the Application. Licensor shall not be liable or be deemed to be in default for any delay or failure in performance or interruption resulting directly or indirectly from any cause or circumstance beyond its reasonable control, equipment or telecommunications failure (including without limitation problems resulting from internet service provider delivery or communication or delivery problems associated with the internet in general), labor dispute, or failure of any third party to perform any agreement that substantially prevents such Licensor’s ability to perform its obligations hereunder. All notices to Licensor in connection with this Agreement must be in writing and will be deemed given as of the day they are deposited in the U.S. mails, postage prepaid, certified or registered, return receipt requested or sent by overnight courier, charges prepaid to the address set forth below.
LICENSOR CONTACT INFORMATION
If you have any questions about this Agreement, or want to contact Licensor for any reason, please direct all correspondence to:
College Guidance Network, Inc
160 Alewife Brook Pkwy, #1380
Cambridge, MA 02138
Attn: Legal Department