School Agreement

EverJoy School Agreement

Effective Date: July 1, 2026
Version: 2026-07
Entity: EverJoy Memory LLC d/b/a EverJoy ("EverJoy" or "Company")

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School Participation Agreement

This School Agreement ("Agreement") is entered into by and between:

EverJoy: EverJoy Memory LLC, a [TODO: State of incorporation — confirm with counsel] LLC, with principal address at [TODO: Registered business address — confirm with counsel]

School: [SCHOOL LEGAL NAME], a [SCHOOL TYPE] located at [SCHOOL ADDRESS] ("School")

Effective Date: July 1, 2026

School CDS Code (California): [CDS CODE]

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Recitals

WHEREAS, EverJoy operates The AI-Powered Student Growth Cloud, a platform enabling parents to preserve childhood memories, track student growth, and create Personalized Yearbooks from Pre-K through graduation;

WHEREAS, EverJoy offers the Partner Capture Network, enabling certified Capture Partners to scan student work at participating schools using Student ID Booklets with anonymous QR/barcode labels;

WHEREAS, School desires to participate in the Partner Capture Network to enhance parent engagement and support student memory preservation;

WHEREAS, EverJoy and School wish to establish terms governing their relationship, data handling, and respective responsibilities;

NOW, THEREFORE, the parties agree as follows:

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1. Definitions

"Authorized School Personnel" means School administrators and staff designated by School to manage EverJoy school settings, upload roster data, and execute this Agreement.

"Capture Partner" means an independent contractor certified by EverJoy to perform onsite scanning at partner schools.

"Child Profile" means a profile for a student created and controlled by a parent through the EverJoy Service.

"Partner Capture Network" means EverJoy's program for onsite scanning of student work at partner schools.

"Personal Information" means information that identifies or could identify an individual student or parent.

"Roster Data" means student enrollment information uploaded by School for parent-initiated activation matching, including name, grade, date of birth, and school student identifier.

"School Agreement Settings" means authorization flags managed in EverJoy's admin console, including capture_authorized, roster_sharing_authorized, and authorized_data_types.

"Service" means the EverJoy platform described in the EverJoy Terms of Service and Privacy Policy.

"Student ID Booklet" means physical label booklets containing unique QR/barcode identifiers; student names are never printed on labels.

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2. Scope of Partnership

2.1 Partner School Designation

Upon execution of this Agreement, School will be designated as an EverJoy Partner school in the EverJoy directory (parent_school_status = partner). This designation:

• Enables Partner Capture Network services at School
• Displays partner badge in school search results
• Activates school-specific onboarding flows for parents

2.2 Services Provided by EverJoy

EverJoy will:

1. Enable Partner Capture Network at School upon capture_authorized = true
2. Assign certified Capture Partners to School per scheduling agreements
3. Provide Student ID Booklet fulfillment for enrolled families
4. Maintain secure storage and parent-controlled access to captured artifacts
5. Provide School with aggregated participation metrics (not individual student content)
6. Process community revenue share per Section 8

2.3 Services Not Included

Unless separately agreed in writing:

• EverJoy does not provide School with access to individual student Memories uploaded by parents
• EverJoy is not a school official record system or official transcript provider
• EverJoy does not replace School's existing student information systems
• Print publishing integration is limited to digital PDF yearbooks for parents

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3. School Responsibilities

3.1 Authorization

School will:

1. Execute this Agreement through Authorized School Personnel
2. Set capture_authorized = true only after Agreement execution
3. Set roster_sharing_authorized = true only if School agrees to upload Roster Data
4. Designate authorized_data_types appropriate to School's participation

3.2 Roster Data

If School elects roster sharing:

1. School uploads Roster Data via /api/admin/rosters/upload or authorized admin tools
2. Roster Data includes: first name, last name, grade, date of birth, school student ID
3. School represents that it has authority to share Roster Data for activation matching
4. School will not upload Roster Data until roster_sharing_authorized = true
5. School will update Roster Data periodically to maintain accuracy

Privacy controls:

• Parents cannot browse or query Roster Data
• Date of birth is used solely for server-side activation matching
• Roster Data is not exposed in search APIs

3.3 Parent Communication

School will:

1. Communicate EverJoy partnership to parents through appropriate channels
2. Direct parents to EverJoy for account creation and booklet enrollment
3. Not represent that School controls parent EverJoy accounts or content
4. Support parent questions by directing them to support@myeverjoy.com

3.4 Capture Partner Access

School will:

1. Provide reasonable onsite access for Capture Partners during scheduled visits
2. Coordinate with EverJoy on capture schedules (typically one partner visit per week per school)
3. Report capture issues to partners@myeverjoy.com
4. Not interfere with Capture Partner scanning except for safety or operational reasons

3.5 Compliance

School will:

1. Comply with FERPA, COPPA, SOPIPA, and applicable state student privacy laws
2. Ensure Authorized School Personnel complete EverJoy compliance training
3. Notify EverJoy of any parent complaints regarding capture or data handling
4. Cooperate with EverJoy on data subject requests affecting School-provided data

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4. EverJoy Responsibilities

4.1 Platform Operations

EverJoy will:

1. Maintain the Service with commercially reasonable uptime
2. Implement security measures per the Security Policy (Volume 4)
3. Certify and manage Capture Partners
4. Provide partner academy training including FERPA/COPPA awareness
5. Maintain audit logs of sensitive operations

4.2 Capture Operations

EverJoy will:

1. Ensure Capture Partners scan only using Student ID labels (not handwriting identification)
2. Route artifacts to correct Child Profiles via QR/barcode scan
3. Apply quality assurance for low-confidence AI growth dimension tagging (threshold: 0.6)
4. Notify administrators of capture job failures or quality issues

4.3 Data Protection

EverJoy will:

1. Process School-provided data only as described in this Agreement and the District DPA (if applicable)
2. Not sell Personal Information
3. Not use student data for targeted advertising
4. Not create non-educational profiles of students
5. Delete or return data upon termination per Section 11

4.4 Support

EverJoy will provide:

• Parent support via support@myeverjoy.com
• School/partner support via partners@myeverjoy.com
• Admin console access for Authorized School Personnel (future feature) or EverJoy admin liaison

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5. Data Handling

5.1 Data Categories

5.2 Parent Ownership

Parents retain ownership of all content uploaded or captured for their children. School does not acquire rights to parent-controlled content by virtue of this Agreement.

5.3 FERPA Alignment

EverJoy acts as a service provider to parents, not a school official under FERPA, unless School designates EverJoy as a "school official" with legitimate educational interest through a separate District DPA.

Roster Data uploaded by School may constitute education records under FERPA. School represents it has authority to share Roster Data for parent-initiated activation matching.

Scanned artifacts are linked to parent-controlled Child Profiles through parent-authorized Student ID Booklets, not through School disclosure of education records for general access.

5.4 SOPIPA Compliance

For California students, both parties will comply with SOPIPA (Cal. Bus. & Prof. Code §§ 22584–22584.6):

• Student information used solely for Service purposes
• No targeted advertising
• No non-educational profiling
• No sale of student information

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6. Partner Capture Network Operations

6.1 Student ID Booklets

1. Parents choose print-at-home (free) or professional booklet ($9.99 initial, $4.99 replacement)
2. Professional booklets contain ~300–500 unique labels (initial) or ~40–120 (replacement)
3. Labels display "EverJoy" brand, anonymous Student ID, and "Scan • Do Not Remove" instruction
4. Student names are never printed on labels

6.2 Capture Workflow

1. Capture Partner arrives at School on scheduled day
2. Partner scans student work bearing EverJoy Student ID labels
3. System identifies Child Profile via QR/barcode (not handwriting)
4. Artifacts uploaded to private storage; parents review in Memory Inbox
5. AI processing (if parent consented) classifies and tags artifacts

6.3 Quality Standards

EverJoy monitors:

• QR/barcode read rate (alert if below 80%)
• Capture job failure rate (alert if above 20%)
• QA queue resolution (alert if unresolved > 48 hours)
• Booklet delivery SLA (7 days)

School may report quality issues to partners@myeverjoy.com.

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7. Authorized Data Types

School selects authorized data types in admin console (authorized_data_types[]):

School may not authorize data types beyond those listed without written amendment.

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8. Community Revenue Share

8.1 Revenue Split

For applicable gross revenue from School families (subscriptions and booklet fees):

8.2 Payment

EverJoy will calculate and remit community share quarterly with reporting to School's designated contact. School is responsible for PTA distribution.

8.3 No Effect on Parent Pricing

Community revenue share does not increase parent subscription or booklet prices.

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9. Fees

9.1 School Fees

School participation in the Partner Capture Network is [NO COST / FEE STRUCTURE] to School unless separately agreed.

9.2 Parent Fees

Parents pay EverJoy directly for subscriptions and Student ID Booklets. School does not collect parent payments for EverJoy services.

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10. Confidentiality

Each party will:

1. Protect the other's confidential information
2. Use confidential information only for Agreement purposes
3. Not disclose confidential information except to employees/contractors with need-to-know and equivalent obligations
4. Return or destroy confidential information upon termination (subject to retention requirements)

Confidential information does not include information that is publicly available, independently developed, or rightfully received from third parties.

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11. Term and Termination

11.1 Term

This Agreement begins on the Effective Date and continues until terminated by either party.

11.2 Termination for Convenience

Either party may terminate with 90 days' written notice to the other party.

11.3 Termination for Cause

Either party may terminate immediately if the other:

1. Materially breaches this Agreement and fails to cure within 30 days of notice
2. Becomes insolvent or ceases operations
3. Violates applicable student privacy laws

11.4 Effect of Termination

Upon termination:

1. School's partner designation will be removed (parent_school_status updated)
2. capture_authorized and roster_sharing_authorized set to false
3. Capture Partners will cease scanning at School
4. Existing parent accounts and content remain parent-controlled
5. Roster Data deleted per Data Retention Policy (unless retention required by law)
6. Community revenue share ceases for post-termination periods

11.5 Survival

Sections 5 (Data Handling), 10 (Confidentiality), 12 (Indemnification), 13 (Limitation of Liability), and 14 (Dispute Resolution) survive termination.

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12. Indemnification

12.1 By School

School will indemnify EverJoy against claims arising from:

1. School's breach of this Agreement
2. School's unauthorized sharing of Roster Data or student information
3. School's violation of FERPA, COPPA, SOPIPA, or other applicable law
4. School's misrepresentation to parents about EverJoy services

12.2 By EverJoy

EverJoy will indemnify School against claims arising from:

1. EverJoy's breach of this Agreement
2. EverJoy's violation of applicable privacy laws in handling School-provided data
3. Capture Partner negligence in EverJoy's certification program (subject to partner agreements)

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13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
2. EACH PARTY'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED [LIABILITY CAP AMOUNT] OR FEES PAID/RECEIVED IN THE 12 MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER

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14. Dispute Resolution

Disputes will be resolved through:

1. Informal negotiation for 30 days
2. Binding arbitration under JAMS rules in California
3. Governing law: State of California

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15. General Provisions

15.1 Entire Agreement

This Agreement, together with the District DPA (if executed), Privacy Policy, and referenced policies, constitutes the entire agreement between the parties.

15.2 Amendment

Amendments require written agreement signed by both parties.

15.3 Assignment

Neither party may assign without consent, except EverJoy may assign in connection with merger or acquisition.

15.4 Notices

15.5 Independent Contractors

Capture Partners are independent contractors, not employees or agents of EverJoy or School.

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Signatures

EVERJOY

EverJoy Memory LLC

By: _________________________________
Name: [SIGNATORY NAME]
Title: [TITLE]
Date: _________________________________

SCHOOL

[SCHOOL LEGAL NAME]

By: _________________________________
Name: [SIGNATORY NAME]
Title: [TITLE]
Date: _________________________________

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Exhibit A: School Agreement Settings

Upon execution, EverJoy admin will configure:

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Exhibit B: Partner Capture Network Specifications

B.1 Student ID Label Format

Each label contains:

• EverJoy wordmark
• "EverJoy ID" caption
• Anonymous alphanumeric Student ID (derived from QR/barcode)
• "Scan • Do Not Remove" instruction
• QR code and Code 128 barcode encoding the Student ID

Student name is NEVER printed on labels.

B.2 Booklet Specifications

B.3 Capture Partner Requirements

Capture Partners must:

• Complete EverJoy Partner Academy certification
• Pass FERPA/COPPA awareness module
• Maintain confidentiality agreement
• Use approved scanning equipment
• Follow school scheduling protocols
• Report quality issues within 24 hours

B.4 Capture Quality Metrics

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Exhibit C: School Onboarding Checklist

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Exhibit D: Parent Communication Templates

EverJoy provides templates for school parent communication:

Partnership Announcement: [TEMPLATE URL]

Booklet Enrollment Instructions: [TEMPLATE URL]

Privacy FAQ for Parents: [TEMPLATE URL]

Schools may customize templates with local contact information.

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School Agreement version 2026-07. Execute with District DPA for district-level governance.