Terms of Use

These Terms of Use ("Terms") are a binding agreement between The Six Shifts, LLC, a Minnesota limited liability company ("Six Shifts," "DIG," "we," "us," or "our"), and the person or entity using the Services ("you" or "Customer"). By creating an account, purchasing a subscription, accepting an order form that incorporates these Terms, or using the Services, you agree to these Terms.

Important institutional-customer rule: If a school, district, charter operator, or other educational organization has an executed order form, service agreement, student-data addendum, privacy/security rider, or other written agreement with Six Shifts, that executed agreement controls over these Terms to the extent of a conflict.

1. Eligibility and Accounts

Account holders must be at least 18 years old and legally able to enter into these Terms. Accounts are for authorized educators, school or district personnel, homeschool parents/cooperatives, tutors, reading specialists, educational therapists, after-school programs, and other adult educational users permitted by DIG.

You must provide accurate account information, protect your credentials, use reasonable security measures, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account except to the extent caused by DIG’s breach of its obligations.

2. The DIG Service

DIG is an educator-operated literacy assessment and progress-monitoring platform. An adult educator administers assessment content and records student responses and results. Students do not create accounts, authenticate, or interact directly with the DIG online platform.

DIG may include Decoding, Phonemic Awareness, Alphabet Knowledge, and other literacy-assessment components. Features may differ by subscription or account type.

3. Educational Purpose; No Clinical or Legal Diagnosis

DIG is a criterion-referenced instructional assessment tool intended to help educators identify literacy skill patterns, support instructional grouping and planning, and monitor progress. It is not a norm-referenced test unless expressly stated for a specific future product, is not intended to diagnose dyslexia, disability, medical or psychological conditions, and does not determine special-education eligibility. DIG does not replace professional educational judgment, legally required screening or evaluation, or obligations imposed by an individualized education program or applicable law.

4. Individual Educator Accounts and Student Data Authority

An individual educator may be permitted to create Student Data even when the educator’s school or district has not separately contracted with DIG. If you enter Student Data through an individual account, you represent and warrant that you have lawful authority to do so and that your use complies with applicable law and any employer, school, district, parent/guardian, or other authorization requirements that apply to you.

DIG does not determine, merely because an educator purchased an individual subscription, whether the educator, employing school, parent/guardian, or another entity legally controls a particular student record. We may require appropriate authorization or coordinate requests with the relevant school or other controller when circumstances require it.

5. Institutional Accounts and Student Data

For school, district, charter, or other institutional subscriptions, the institution is the contracting customer and controls its Student Data. Authorized educators use the Services on the institution’s behalf. The institution must designate authorized users and represents that it has authority to provide Student Data to DIG and instruct DIG to process that data for the agreed educational purposes.

Institutional Student Data is governed by the applicable Student Data Privacy Addendum and any executed customer-specific agreement. DIG will not use identifiable Student Data for targeted advertising, unrelated commercial profiling, marketing to students or parents, or general-purpose AI/model training.

6. Student Data Minimization and Prohibited Content

Use only the student information reasonably necessary for DIG’s educational purpose. Unless DIG expressly enables and documents a future feature, do not enter student email addresses, phone numbers, home addresses, dates of birth, Social Security or government identifiers, health information, disability/IEP information, disciplinary records, photographs, parent contact information, or other sensitive information into DIG.

Do not use general-purpose notes or other fields to enter sensitive student information that the field was not designed to collect.

7. License and Permitted Use

Subject to these Terms and payment of applicable fees, Six Shifts grants you a limited, non-exclusive, non-transferable, non-sublicensable right during your subscription to access and use the Services and associated materials for legitimate educational and internal professional purposes.

Authorized users may view, download, print, and internally share assessment reports for legitimate educational purposes, and a school may incorporate DIG-generated reports into its student records. Printable student stimulus collections and other proprietary assessment materials may be used only with DIG and may not be shared with non-subscribers, commercially redistributed, published, or retained for use outside an authorized subscription except with Six Shifts’ written permission.

8. Restrictions and Acceptable Use

Do not share credentials or allow unauthorized persons to access Student Data.

Do not bypass, disable, probe, or circumvent security or access controls, except authorized security testing approved in writing by Six Shifts.

Do not reverse engineer, scrape, copy, reproduce, distribute, sell, sublicense, or create derivative commercial products from the Services or proprietary assessment materials except as expressly permitted by law or written agreement.

Do not use the Services unlawfully, infringe intellectual-property or privacy rights, introduce malicious code, or interfere with Service operation.

Do not use Student Data for advertising, marketing to students or parents, unrelated profiling, or unauthorized AI/model training.

Do not upload content or data that you are not authorized to provide to DIG.

9. Ownership

Six Shifts and its licensors own the Services, software, assessment content, scoring methodology, branding, instructional materials, stimulus materials, reports/templates, and related intellectual property, excluding Customer Student Data and other information owned or controlled by Customer. No rights are granted except those expressly stated in these Terms or an applicable written agreement.

10. Deidentified and Aggregated Data

Subject to applicable law and institutional agreements, DIG may create and use robustly deidentified or aggregated information that cannot reasonably be linked to an identified student or other individual for internal analytics, service maintenance, product improvement, and assessment validation. DIG will not attempt to reidentify deidentified Student Data. DIG will not externally publish, license, sell, provide for research, benchmark, norm, or otherwise share student-derived deidentified datasets except as permitted by applicable law and any required customer authorization or agreement.

11. Subscriptions, Fees, and Payment

Individual subscriptions are billed at the price and term disclosed at checkout. Current individual offerings may include an annual teacher subscription and additional package pricing for multiple assessment modules. Institutional pricing, seat minimums, volume pricing, purchase-order terms, and invoice terms are stated in the applicable quote, order form, or agreement.

Individual online subscriptions are processed by Stripe or another disclosed payment processor. Institutional customers may pay by ACH, check, purchase order/invoice, or other agreed method. Taxes, if applicable, are the customer’s responsibility unless stated otherwise.

12. Automatic Renewal; Cancellation; Refunds

If an individual subscription is sold on an automatically renewing basis, the renewal term, recurring charge, cancellation method, and other material renewal terms will be disclosed before purchase. By affirmatively accepting an automatic-renewal offer, you authorize recurring charges until you cancel in accordance with the disclosed cancellation method.

We will provide a retainable confirmation of the subscription and cancellation information and will provide renewal reminders where required by applicable law. If you purchase online, an online cancellation method will be available as required by applicable law. Cancellation stops future renewal charges but ordinarily does not terminate access before the end of the paid term unless stated otherwise.

Unless a different written policy applies at the time of purchase, individual subscriptions are eligible for a refund requested within 30 days after purchase. Promotional pricing and institutional agreements may have different terms disclosed at the time of sale.

13. Marketing Communications

An adult who independently signs up for DIG may receive marketing communications where permitted by law and may unsubscribe at any time. An educator account created by a school administrator should receive service and administrative communications, but will not be automatically enrolled in unrelated promotional marketing unless the educator separately signs up or another lawful basis is confirmed.

14. Privacy

Our Privacy Policy describes our general privacy practices. Student Data for institutional customers is additionally governed by the Student Data Privacy Addendum and any customer-specific agreement. If those documents conflict concerning Student Data, the order of precedence stated in Section 24 applies.

15. Service Providers and Third-Party Services

We use service providers for hosting, compute, databases, authentication, payment processing, email, support, and related functions. Service providers may change over time and are subject to applicable contractual and legal restrictions. DIG remains responsible for its obligations to you notwithstanding its permitted use of service providers and subprocessors.

16. Service Changes, Availability, and Beta Features

We may modify or improve the Services, add or discontinue features, or perform maintenance. We do not guarantee uninterrupted or error-free availability. Material changes that affect contracted institutional functionality will be handled under the applicable institutional agreement. Beta or preview features may be subject to additional terms and should not be used with Student Data unless expressly approved for that purpose.

17. Suspension

We may suspend access immediately when reasonably necessary to address a security risk, unauthorized access, nonpayment, misuse of Student Data, illegal activity, credential sharing, circumvention of technical controls, or material risk to the Services or other users. For an ordinary remediable contractual breach that does not require immediate suspension, we will ordinarily provide written notice and a reasonable cure period, generally 10 business days, unless an applicable order form states otherwise.

18. Termination

An individual subscription ends when canceled effective at the end of the paid term, unless terminated earlier under these Terms. Institutional customers remain committed for the purchased term and do not have a general termination-for-convenience right unless stated in an executed agreement. Six Shifts may terminate an institutional agreement for cause or elect not to renew, subject to the applicable agreement.

Student Data export, return, retention, and deletion following termination are governed by the Privacy Policy, Student Data Privacy Addendum, and any controlling institutional agreement.

19. Feedback

If you voluntarily provide suggestions or feedback about the Services, you grant Six Shifts a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without identifying you or using identifiable Student Data. This section does not transfer ownership of Student Data.

20. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." SIX SHIFTS DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR ANY PARTICULAR EDUCATIONAL, LEGAL, MEDICAL, OR DIAGNOSTIC OUTCOME. THESE DISCLAIMERS DO NOT LIMIT ANY EXPRESS OBLIGATION IN AN EXECUTED INSTITUTIONAL AGREEMENT OR ANY RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE UNDER THESE TERMS FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED, EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE TO SIX SHIFTS FOR THE APPLICABLE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

An executed institutional agreement may establish different liability allocations. Nothing in this Section limits obligations to protect Student Data to the extent a limitation would be prohibited by applicable law.

22. Indemnification

To the extent permitted by law, you agree to defend and indemnify Six Shifts and its officers, employees, and agents from third-party claims arising from your unlawful use of the Services, your material breach of these Terms, your infringement of third-party rights, or your submission or use of data without required authority. This Section does not apply to a governmental customer to the extent prohibited by law and may be superseded by an executed institutional agreement.

23. Governing Law; Individual Dispute Resolution

These Terms are governed by Minnesota law, without regard to conflict-of-laws principles, except to the extent federal law applies or an executed institutional agreement provides otherwise.

For individual and other non-governmental users who are not subject to a superseding institutional dispute provision, you and Six Shifts agree to try in good faith to resolve a dispute informally for at least 30 days after written notice. If not resolved, either party may require individual binding arbitration administered by the American Arbitration Association under the rules applicable to the dispute. The Federal Arbitration Act governs this arbitration provision. Either party may bring an eligible individual claim in small-claims court.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARBITRATION WILL PROCEED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

You may opt out of this arbitration agreement by sending written notice to hello@thesixshifts.com within 30 days after first accepting these Terms. The notice must identify the account and state that you opt out of arbitration. If you timely opt out, disputes may be brought in a court of competent jurisdiction, subject to otherwise applicable venue rules.

24. Order of Precedence for Institutional Customers

For an institutional customer, documents control in the following order unless the executed documents expressly state otherwise: (1) a mutually executed customer-specific agreement, privacy/security rider, or negotiated amendment; (2) the Student Data Privacy Addendum for Student Data matters; (3) the applicable order form; (4) these Terms; and (5) the general Privacy Policy. A purchase order controls only to the extent Six Shifts expressly accepts conflicting legal terms in writing.

25. Changes to These Terms

We may update these Terms prospectively. We will post the revised Terms with a new effective date and provide additional notice where required. Material changes to an active institutional contract are governed by the applicable executed agreement. Continued use after a legally effective update constitutes acceptance where permitted by law.

26. General

If any provision is held unenforceable, the remaining provisions remain in effect and the invalid provision will be enforced to the maximum lawful extent. Failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent, except as permitted by an applicable institutional agreement. Six Shifts may assign these Terms in connection with a merger, reorganization, financing, or sale of substantially all relevant assets, subject to applicable Student Data restrictions. These Terms, together with incorporated documents and any applicable order form, constitute the agreement concerning their subject matter.

27. Contact

Customer support and privacy requests: customersupport@thesixshifts.com

Legal notices and security communications: hello@thesixshifts.com

The Six Shifts, LLC, 36781 S. Silver Lake Road, Battle Lake, MN 56515