1. Introduction
These Terms of Use ("Terms") govern access to and use of Cresco, a school management platform provided by Broder ("Broder," "Cresco," "we," "us," or "our"). By accessing or using Cresco, you agree to comply with these Terms.
Cresco is primarily provided to schools under a separate contractual agreement between Broder and the relevant school. These Terms apply to individual users of Cresco, including school administrators, teachers, staff, parents or guardians, students, and other authorized users.
If these Terms conflict with a signed agreement between Broder and a school regarding that school's use of Cresco, the signed school agreement will take precedence to the extent of the conflict.
3. User Accounts and Security
Users must keep their login credentials confidential and must not share accounts or allow another person to use their account.
Users should promptly report suspected unauthorized access, credential compromise, or other security concerns to their school or through the appropriate Cresco support channel.
Broder may require password resets, terminate active sessions, restrict access, or temporarily suspend an account where reasonably necessary to protect Cresco, school data, users, or connected systems.
A user is expected to take reasonable care of their account credentials, but these Terms do not make a user automatically responsible for every action performed through an account where the account has been compromised despite reasonable care.
4. Acceptable Use
Users must use Cresco only for legitimate educational, administrative, communication, operational, or other school-authorized purposes.
Users must not:
- Access or attempt to access accounts, information, or functionality they are not authorized to use;
- Share credentials or impersonate another person;
- Attempt to bypass permissions, security controls, or technical restrictions;
- Interfere with, disrupt, damage, overload, probe, or attack Cresco or its infrastructure;
- Upload malicious code, malware, or harmful files;
- Use Cresco for unlawful, fraudulent, abusive, harassing, or unauthorized purposes;
- Use information obtained through Cresco for purposes unrelated to the user's authorized school role;
- Copy, extract, scrape, or systematically collect data without authorization;
- Attempt to reverse engineer or improperly exploit Cresco except where such restriction is prohibited by applicable law; or
- Use Cresco in a manner that infringes the rights of Broder, a school, another user, or a third party.
Broder may restrict or suspend access where reasonably necessary because of suspected misuse, security concerns, legal requirements, or an authorized request from the relevant school.
5. School Records and User-Entered Information
Cresco provides tools that schools and authorized users use to create, manage, display, and communicate school information.
Broder does not independently verify the accuracy or completeness of every record entered into Cresco. Schools and their authorized users remain responsible for the accuracy, appropriateness, and maintenance of information they create or manage, including grades, attendance, enrollment information, guardian relationships, financial records, medical information, disciplinary records, transportation information, and other school records.
Where information is inaccurate or requires correction, the underlying school record should generally be addressed through the relevant school.
Cresco is a platform used to support school activities. Broder does not replace the school's responsibility for academic, administrative, disciplinary, financial, medical, student-welfare, transportation, or other school decisions.
6. Ownership of Cresco
Broder owns or licenses the Cresco platform and its underlying software, technology, interfaces, designs, branding, documentation, and related materials.
Except for the limited right to access and use Cresco as authorized under these Terms and the applicable school agreement, no ownership rights in Cresco are transferred to users or schools.
Users may not copy, reproduce, distribute, sell, license, modify, or create derivative works from Cresco except where expressly authorized by Broder or permitted by applicable law.
7. School and User Content
Schools and users retain their applicable ownership rights in information and content they create, upload, or maintain through Cresco, including school records, documents, photographs, videos, student work, messages, assessments, and other materials.
Use of Cresco does not transfer ownership of such content to Broder.
Schools and users grant Broder the limited rights necessary to host, process, transmit, display, back up, support, secure, and otherwise handle that content as required to provide Cresco and fulfill the applicable school agreement.
Users must have the appropriate authority, rights, permissions, or consents to upload or share content through Cresco.
Users must not upload unlawful, malicious, infringing, abusive, or otherwise unauthorized content. Broder may remove or restrict access to content where reasonably necessary for security, legal compliance, platform integrity, or at the authorized request of the relevant school.
8. Artificial Intelligence Features
Cresco may provide artificial intelligence-assisted functionality, including data analysis, examination or assessment assistance, report-related assistance, rewriting, query assistance, and other productivity features.
AI-generated content may be incomplete, inaccurate, misleading, or inappropriate for a particular context. Authorized users are responsible for reviewing AI-generated output before relying on or using it where appropriate.
AI functionality is intended to assist users and does not replace appropriate human judgment.
Schools and their authorized personnel remain responsible for final decisions involving grades, promotion, discipline, student welfare, medical matters, financial matters, educational accommodations, and other significant academic or administrative decisions.
Additional information about the processing of information through AI features is provided in the Cresco Privacy Policy.
9. Third-Party Services and Integrations
Cresco may rely on or integrate with third-party services, including hosting providers, payment services, communication services, artificial intelligence providers, identity services, educational platforms, accounting systems, and other technical services.
The availability and operation of third-party services may be outside Broder's direct control. Third-party terms and privacy practices may apply when users or schools interact with services operated independently by those third parties.
Broder may modify, replace, add, or discontinue integrations as Cresco evolves, subject to applicable school agreements.
10. Availability, Maintenance, and Changes
Broder aims to provide a reliable service but does not guarantee that Cresco will be available without interruption, delay, error, or downtime.
Cresco may be unavailable or affected by scheduled or emergency maintenance, software updates, technical failures, internet or infrastructure issues, third-party services, security events, or circumstances outside Broder's reasonable control.
Broder may update, improve, modify, add, or remove Cresco features as the platform evolves.
Any specific uptime commitments, service levels, support response times, disaster recovery commitments, or similar guarantees agreed with a school are governed by the applicable school agreement rather than these general Terms.
11. Fees, Subscriptions, and Usage Limits
Access to Cresco may be subject to subscription fees, student or account limits, usage limits, deployment fees, implementation costs, support arrangements, or other commercial terms agreed between Broder and the relevant school.
Individual users generally do not pay Broder directly for access unless expressly agreed otherwise.
Pricing, billing cycles, taxes, payment deadlines, renewals, refunds, student-count limits, and other commercial matters are governed by the applicable agreement between Broder and the school.
12. Access When a User Leaves a School
A user's access to Cresco depends on their authorization through the relevant school.
When a student graduates, transfers, or otherwise leaves; when an employee or teacher leaves the school; when a guardian is no longer authorized; or when another user's relationship with the school changes, the school may restrict, disable, or remove that user's access.
Loss of access does not necessarily result in immediate deletion of the underlying school records. Records may remain with the school or within Cresco according to the school's requirements, the Cresco Privacy Policy, and the applicable school agreement.
13. Suspension and Termination
Broder may restrict, suspend, or terminate access to Cresco where reasonably necessary because of security concerns, suspected misuse, violation of these Terms, legal requirements, non-payment or contractual issues affecting the relevant school, platform protection, or an authorized request from the school.
A school's broader right to terminate Cresco services, and Broder's corresponding rights, are governed by the applicable school agreement.
Provisions that by their nature should continue after access ends—including provisions concerning intellectual property, content rights, disclaimers, and limitations of liability—may continue to apply.
14. Privacy
Use of Cresco is also subject to the Cresco Privacy Policy, which explains how personal information may be collected, processed, stored, accessed, shared, and protected.
Schools generally control the school records and user relationships maintained through Cresco. Privacy requests relating to school-managed information should generally be directed to the relevant school.
15. Disclaimers
Cresco is provided as a technology platform for school use. To the extent permitted by applicable law, Cresco is provided without guarantees that it will always be uninterrupted, error-free, or suitable for every particular purpose or workflow.
Broder does not guarantee the accuracy of information entered by schools or users, nor does Broder independently validate every decision, record, communication, or document produced through the platform.
Nothing in these Terms excludes warranties, rights, or obligations that cannot legally be excluded.
16. Limitation of Liability
To the extent permitted by applicable law, Broder will not be responsible for indirect, incidental, special, consequential, or similar losses arising from or related to the use of Cresco where such liability may lawfully be limited.
This may include losses arising from inaccurate or incomplete information entered by users, unauthorized activity resulting from credential sharing, school decisions, third-party services, internet or infrastructure failures, or use of Cresco outside its authorized purpose.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
Any specific monetary liability caps, indemnities, remedies, or negotiated allocation of risk between Broder and a school are governed by the applicable signed school agreement.
17. Changes to These Terms
Broder may update these Terms as Cresco evolves, its services change, or legal and operational requirements develop.
The current version will display an effective date or last-updated date. Where changes are material, Broder may provide reasonable notice through Cresco, by email, through the relevant school, or by another appropriate method.
Where appropriate, continued use of Cresco after updated Terms take effect may constitute acceptance of the updated Terms.
Updates to these public Terms do not silently override negotiated provisions contained in an existing signed agreement between Broder and a school.
18. Governing Agreements
These Terms govern individual use of Cresco but do not replace the commercial agreement between Broder and a participating school.
Matters such as pricing, deployment, hosting, service levels, negotiated security requirements, liability caps, termination rights, governing law, jurisdiction, and other school-specific contractual terms may be addressed in the applicable school agreement.
Where an applicable signed school agreement and these Terms conflict, the signed school agreement takes precedence regarding that school's use of Cresco.
19. Contact
Questions about a user's school account, school records, access rights, or school-managed information should generally be directed to the relevant school.
For questions about these Terms or Cresco, contact:
Broder / Cresco
Email: [Contact Email]
Address: [Business Address, when available]
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