FORECAST5 TERMS OF SERVICE

Last revised as of April 23, 2018.

PDFIcon  Terms of Service 
PDFIcon  Implementation Service Description

FORECAST5 TERMS OF SERVICE

Thank you for selecting the services offered by Forecast 5 Analytics, Inc. (referred to below as "Forecast5", "we", "our", or "us"). Please review these Terms of Service (this "Agreement") thoroughly.

This Agreement is a legal agreement between Forecast5 and your governmental entity (or other Forecast5 customer entity, including an individual subscriber). In most cases, a signed Customer Agreement was required to subscribe to one or more Forecast5 Services in accordance with this Agreement. 

If, however, a signed Customer Agreement was not required in order to get your password, then by clicking "I AGREE," indicating acceptance electronically, or accessing or using the Services, (a) you represent and warrant to Forecast5 that you are the authorized representative of the entity on behalf of which you are accessing this service, and (b) your entity hereby agrees to this Agreement.   If your entity does not agree to this Agreement, then do not indicate acceptance, and do not use the Services.

The applicable government entity (or other Forecast5 customer entity, including an individual subscriber) is referred to below as “you” or “your.”

1. AGREEMENT

1.1 Overview.  This Agreement describes the terms governing your use of the Forecast5 online services provided to you through any Forecast5 website, including all data, content, updates and new releases (collectively, the "Services"). It includes by reference:

a. Forecast5's Legal Notices and Privacy Policy available on this website.

b. Any terms provided separately to you for the Services, including for example, ordering, activation, pricing and payment terms, if applicable, for the Services.

1.2 Your Responsibilities. Forecast5 is not in the business of providing legal, financial, accounting or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.  You are solely responsible for the quality of all analysis and decisions you may make as a result of your use of the Services.

2. PAYMENT AND RENEWAL. Unless otherwise stated on an applicable Customer Agreement or Work Order: (a) all payments are due within thirty (30) days after the date of the applicable invoice, and (b) all subscriptions are for one (1) year.  Once paid, all payments are non-refundable for any reason, including your cancellation of the Services.  For all amounts not paid when due, you agree to pay an additional charge equal to one and one-half percent (1.5%) of such amounts per month or partial month during which such amounts were owed and unpaid.  This Agreement also incorporates by reference all program ordering and payment terms provided to you.  Forecast5 will automatically renew your annual subscriptions at the then-current rates, unless you provide notice that you do not wish to renew your subscription prior to the end of the applicable term. 

3. RIGHTS TO USE THE SERVICES AND RESTRICTIONS

3.1 Ownership and License.  The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services, and Forecast5 (or its applicable licensors or suppliers) reserves all rights of ownership in the Services not granted to you in writing here. As long as you meet any applicable payment obligations and comply with this Agreement, Forecast5 grants to you a personal, limited, nonexclusive, nontransferable, nonsublicensable right to use the Services in accordance with this Agreement that is valid only for the period of use specified, and only for your own business needs and use. 

3.2 Restrictions.  You agree not to use the Services or content on this website in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by Forecast5 in writing, you agree you will not:

a. Provide access to or give any part of the Services to any third party, including by means of providing your password or running reports or downloading data for the benefit of another governmental unit or any other unauthorized person or entity.

b. Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.

c. Attempt to access any other Forecast5 systems that are not part of your Services.

If you violate any of these terms, this Agreement and your right to use the Services may be terminated by Forecast5 in its sole discretion. You acknowledge and agree that if you provide access to the Services to another governmental unit or other third party, or use the Services primarily for the benefit of any such party, then you will be liable for, among other things, additional subscription fees for each such party at the applicable Forecast5 prices.

3.3 Requirements for Public Use of Output

In addition to the right to share information in Forecast5 community forums pursuant to Section 5.4, you may use reports and other output you obtain from the Services for your own internal needs in public meetings or other public disclosures.

4. PRIVACY AND PERSONAL INFORMATION. You can view Forecast5's Privacy Policy on the Forecast5 website, or via a link on the website for the Services you have selected. You agree to be bound by the applicable Forecast5 Privacy Policy, subject to change in accordance with its terms. Most importantly, you agree to Forecast5 maintaining your data according to the Forecast5 Privacy Policy, as part of the Services.

5. SUBMITTED CONTENT AND COMMUNITY FORUMS 

5.1 Submitted Content.You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Submitted Content") uploaded, posted or stored through your use of the Services. You grant Forecast5 a worldwide, royalty-free, non-exclusive license to host and use the Submitted Content in order to provide you with the Services.

5.2 Restrictions on Submitted Content.  You may not make any statement through our online Services, or provide or post any Submitted Content, that:

a) is defamatory, threatening, obscene, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming";

b)  is subject to criminal or civil liability under any local, state, federal or foreign law;

c)  incorporates the proprietary material of another without due authorization;

d) includes advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication, or engages in spamming or flooding;

e)  would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor); or

f)  includes any virus, Trojan horse, worm or other disruptive or harmful software or data.

5.3 5Share Community Forums. The Services may include access to 5Share or other community forums to exchange information with other users of the Services and the public. Please use respect when you interact with other users. Forecast5 does not support and is not responsible for the accuracy of others' content in these community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Forecast5 is not responsible.

5.4  Posting and Use of Data Regarding Third Parties.   Forecast5 desires to promote and facilitate Forecast5 community forum discussions.  Therefore, subscribers to other Forecast5 Services (such as 5Sight or 5Cast) may link, post or upload data to 5Share or other Forecast5 community forums that might have ancillary benefits to parties that are not subscribers to such other Services without violating the limitations in Section 3.  Similarly, the other participants in the community forum may use such posted information without first obtaining a subscription to the applicable Service that was used to generate the information.  Forecast5 reserves the right to limit the amount and type of output from the Services linked, posted or uploaded if it believes parties are circumventing the requirement to obtain subscriptions to other Forecast5 Services.  Any questions on this provision may be raised to the Forecast5 Community Manager.  

5.5 Monitoring. Forecast5 may, but has no obligation to, monitor Submitted Content or content submitted by others. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Forecast5 or its customers, or operate the Services properly. Forecast5, in its sole discretion, may refuse to post, remove, or refuse to remove, any Submitted Content or content from others, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

5.6 Use of Feedback. You agree that Forecast5 may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Forecast5 a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Forecast5 in any way. 

6. ADDITIONAL TERMS

6.1 Responsibility for User Accounts and Passwords.  To use the Services, you may be required to create an account and provide information about yourself to us. We will provide one or more passwords for you and/or your employees (each, a “User”) to access and use the Services on your behalf. You are responsible for securely managing your passwords. If you are issued multiple passwords, each password will only be provided with access to the files for that particular password/User.  You are responsible for all activities that occur in connection with your account and for maintaining the confidentiality of your account passwords. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Forecast5 as soon as possible. You may not impersonate someone else, provide an email address other than your own, or create multiple accounts for the same individual or business.   

6.2 Reasonable Cooperation. You will provide reasonable cooperation in correcting any data errors you may find and to secure and perfect our intellectual property rights in the Services.  You will promptly provide all relevant facts upon becoming aware of a likelihood of infringement or other illegal use or misuse by any third party of the Services.   

6.3 Audit.   Upon our written request, you will provide a signed certification (a) verifying the Services are being used in accordance with the terms of this Agreement; and (b) listing the locations in which the Services are run.  We may, at our expense and not more than once annually, audit your use of the Services and compliance with the terms of this Agreement, upon notice to you.  Any such audit will be conducted during business hours and will not unreasonably interfere with your business activities.  You will provide all reasonable assistance and information required to enable us to determine whether you are in compliance with this Agreement.  If such an audit reveals you have underpaid fees, you will be invoiced for the underpaid fees based upon Forecast5’s generally available price list at the time the fees would have otherwise been incurred, together with interest thereon at a rate of one and one-half percent (1.5%) per month or partial month or the highest rate allowed by law, whichever is less, during which any amounts were owed and unpaid. 

6.4 Other Services. You may be offered other services, features, products, applications, online communities, or promotions provided by Forecast5 ("Forecast5 Services"). If you decide to use any of these Forecast5 Services or products, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Forecast5 Services you may upload or enter data such as names, addresses and phone numbers, purchases, and other data to the Internet. You grant Forecast5 permission to use information you provide and about your experience so that we can provide the Forecast5 Services to you, monitor and analyze your use of the services, maintain and update your data, and address errors or service interruptions. We may use this data to improve services, enhance future services, identify potentially relevant offers, and produce research data. You grant Forecast5 permission to combine the data you have entered or uploaded with that of others. You also grant Forecast5 permission to share or publish results relating to such research data and to distribute or license such data to Forecast5 customers or otherwise provided by law, provided however, that we will not sell such information to any third party that is not a Forecast5 customer.  

6.5 Third Party Products or Services. Subject to the Forecast5 Privacy Policy, Forecast5 may offer products and services on behalf of third parties who are not affiliated with Forecast5 ("Third Party Products") or the Services may contain links to third party websites ("Third Party Sites").You agree that Forecast5 can use your contact information, including name and address, for the purpose of offering these products to you in accordance with your stated Forecast5 contact preferences. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party's separate product terms, website terms and privacy policies. You agree that the third parties, and not Forecast5, are responsible for their product's performance and the content on their websites. Forecast5 is not affiliated with these Third Party Products or Third Party Sites and has no liability for them. Forecast5 will not sell your contact information to any Third Party, provided that Forecast5 customers may have access to such contact information through the Forecast5 Services offered hereunder.

6.6 Communications Choices. Forecast5 may be required by law to send you communications about the Services or Third Party Products. You agree that Forecast5 may send these communications to you via email. We may also send business communications such as confirmations or notices that will be delivered to you via email. You are required to receive these communications. You can choose not to receive some types of communication, such as marketing. Please review the Privacy Policy or follow instructions on the communication. 

6.7 Accepting Updates. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services. 

7. DISCLAIMER OF WARRANTIES

7.1 YOU ACKNOWLEDGE THAT, WHILE WE USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE USABLE DATA, THE DATASETS ARE DERIVED FROM PUBLIC SOURCES AND OTHER THIRD PARTIES AND FORECAST5 CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR THE APPROPRIATENESS OF USE OF SUCH INFORMATION.  IT IS UNDERSTOOD THAT FORECAST5 IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR CONTEXT OF THE INFORMATION.

7.2 FORECAST5 CANNOT CORRECT DATA THAT IS OBTAINED FROM PUBLIC SOURCES OR OTHER THIRD PARTIES. YOU MUST PROVIDE CORRECTIONS TO THE APPLICABLE SOURCE IN THE MANNER PROVIDED FOR BY THAT  SOURCE.  PERIODICALLY FORECAST5 MAY, BUT IS NOT OBLIGATED TO, UPDATE THE SOURCE DATA.

7.3 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORECAST5, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY REGARDING THE SERVICES BEING FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. FORECAST5 AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. 

7.4 FORECAST5 AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. 

8. LIMITATION OF LIABILITY AND INDEMNITY

8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF FORECAST5, AND ITS AFFILIATES AND SUPPLIERS (INCLUDING THEIR OFFICERS, DIRECTORS AND AGENTS) FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, FORECAST5 AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET FORECAST5 SYSTEM REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF FORECAST5 AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF FORECAST5 AND ITS AFFILIATES, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE. 

8.2 You agree to indemnify and hold Forecast5 and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Forecast5 reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Forecast5 in the defense of any Claims. 

9. ESSENTIAL BASIS OF BARGAIN.   You acknowledge and agree that the fees we charge reflect the overall allocation of risk between us, including by means of the provisions for limitation of liability, indemnity and exclusive remedies described in this Agreement.  Such provisions form an essential basis of the bargain between us and a modification of such provisions would affect substantially the fees charged by Forecast5 hereunder.  In consideration of such fees, you agree to such allocation of risk and hereby waive any and all rights, through equitable relief or otherwise, to subsequently seek a modification of such provisions or allocation of risk.

10. CHANGES TO THIS AGREEMENT OR THE SERVICES. We may change this Agreement from time to time, and the changes will be effective upon 30 days notice to you, which may include email. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after the effective date of the changes, indicates your agreement to the changes. 

11. TERMINATION. Forecast5 may immediately and without notice suspend or permanently discontinue the Services provided to you, if you fail to comply with this Agreement, or if you no longer agree to receive electronic communications (see Section 6.6). You may also terminate your subscriptions in accordance with Section 2.  Upon termination you must immediately stop using the applicable Services. Any termination of this Agreement shall not affect Forecast5's rights to any payments due to it. Forecast5 may terminate a free Service/account at any time. Other requirements regarding termination or cancellation of the Services may apply based on the specific ordering terms for the Services provided to you. Sections 1, 2, 4, 5.1, 5.4, and 7 through 14 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded. 

12. GOVERNING LAW, JURISDICTION, LEGAL FEES, ETC. Illinois state law governs this Agreement without regard to its conflicts of laws provisions. With respect to any suit, action or proceeding relating to this Agreement the undersigned irrevocably submits to the jurisdiction of the federal court located in Chicago, Illinois or state court in DuPage County, Illinois, which submission shall be exclusive unless (a) none of such courts has lawful jurisdiction over such proceedings, (b) we elect to pursue injunctive relief in another court having jurisdiction. Forecast5 prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.  In the event of legal action to enforce rights under this Agreement, all costs and expenses incurred by the prevailing party, including reasonable attorneys’ fees and court costs, will be paid by the other party. BOTH PARTIES IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL PROCEEDING ARISING OUT OF THIS AGREEMENT.

13. NO WAIVER.  No failure on the part of either of us to exercise, and no delay in exercising, any right, power, or privilege will operate as a waiver thereof; nor will any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.  The waiver by either of us of any default or breach of this Agreement will not constitute a waiver of any other or subsequent default or breach.

14. GENERAL. This Agreement is the entire agreement between you and Forecast5 and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 10 above. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that provision will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. This Agreement is an agreement between the Parties, and confers no rights upon any of the Parties’ employees, agents, contractors or customers, or upon any other person or entity, except as may be set forth in Sections 2.5, 7 or 8. The words “hereof,” “herein” and “hereunder” and other words of similar import refer to this Agreement as a whole, as the same may from time to time be amended or supplemented, and not to any subdivision contained in this Agreement.  The word “including” when used herein is not intended to be exclusive and means “including, but not limited to.”  The word “or” when used herein is not intended to be exclusive unless the context clearly requires otherwise.  You cannot assign or transfer ownership of this Agreement to anyone without the prior written approval of Forecast5. However, Forecast5 may assign or transfer it without your consent to (a) a Forecast5 affiliate, (b) another company through a sale of assets by Forecast5 or (c) a successor by merger.  Any assignment in violation of this Section shall be void.

IMPLEMENTATION SERVICE
Service Description

Introduction

This Forecast5 implementation service involves a multi-step engagement with key client stakeholders to develop module framework and perform basic knowledge transfer.

The quote, Statement of Work, or service contract, will include the Dashboards, Guided Analysis Pages, and general setup included in the 5Lab module setup you purchased.  For additional assistance or to request a copy of the service contract, please contact you sales representative.

The Scope of Service

Described in more detail below, this service involves implementation of the 5Lab Module solution in a cloud-based environment, drawing from established datasets the district provides, to create a series of visuals and dashboards through a user-interface.

A Forecast5 5Lab advisor will act as the intermediary between you and the Forecast5 data/development team to understand the requirements, advise on common best practices, present data/development team feedback, offer solutions to implementation roadblocks, build initial dashboards and guided analysis pages, work with you to edit or adjust module design, and train your licensed administrators on the software functionality.

Key Service Steps

The implementation service will be provided in phases (listed below) and include the following features:

  1. Kickoff Meeting

Forecast5, with the cooperation of the client, will work to finalize the following by the end of the kickoff meeting:

  • Walk through the full implementation process
  • Establish main points of contact for both parties and exchange contact information
  • Review the client implementation form and provide a blank copy to the client
  • Answer additional questions the client has about implementation
  • Schedule follow-up meeting to review client implementation form
  1. Module Buildout, and Data, Discussion
  • Review client implementation form and establish phase 1,2,3, etc. dashboards and guided analysis pages
  • Talk through specific metrics necessary for dashboard creation, and review calculations
  • Establish thresholds and benchmarks
  • Set data refresh frequencies
  • Review client-specific data definitions
  1. Staging File Creation

Forecast5 will use the information gathered during the previous meeting to create and send necessary staging files.  These staging files will act as the format for all data acquisition moving forward to build out the 5Lab module. *Staging files can be altered to meet future needs; however, they can incur additional implementation fees if changes to the module or data cubes is necessary

  1. Data Acquisition

The client will provide the initial data to be loaded per the staging file formats through a UI portal in 5Lab.  Any files that do not match specified requirements will be rejected.  This will also serve to evaluate whether any staging files need to be adjusted.

  1. Data Cube Development

Once all data sets for the initial load have been correctly submitted, Forecast5 will develop the data cubes necessary (shaping the data) to build the client module.

  1. Dashboard and Guided Analysis Creation

Once the data cubes have been created, the 5Lab advisor will build out the dashboards and guided analysis pages per the implementation specifications in the Statement of Work.

  1. Dashboard and Guided Analysis Client Review

A meeting will be set with the clients to review the dashboards and guided analysis pages to make any adjustments or edits necessary.

  1. Final Review and Login Information

A final client meeting will be set (if needed) to review the buildout and provide login information.

  1. Administrator Training and Knowledge Transfer

Forecast5 5Lab Advisors will schedule a time, in cooperation with the client, to provide full user training and knowledge transfer of the system functionality.  Software support is ongoing for admin users in 5Lab.

Client Responsibilities

The client agrees generally to cooperate with Forecast5 in its delivery of services.  The client agrees to the following assigned responsibilities:

  • The client is responsible for completing the implementation forms and technical prerequisites prior to Forecast5 performing the service.
  • The client will provide reasonable cooperation (including timely access to technical or subject matter experts) as necessary for Forecast5 to perform the service. If the client does not provide reasonable cooperation for services, Forecast5 will not be responsible for any failure to perform said services and the client will not be entitled to a refund.
  • The client is responsible for any sql writing and configuration in their SIS (Student Information Systems) or databases to export the necessary files for upload into 5Lab. Forecast5 will provide support insomuch as to develop the staging files, but is not responsible for extraction from the clients SIS and/or databases.
  • The client is responsible for providing the initial data loads in the staging file formats provided by Forecast5, and to consistently submit those moving forward.
  • The client is responsible for the security of the data in their SIS and database.

Excluded Services

For the avoidance of doubt, the following activities are not included in the scope of this service description:

  • Any services, tasks or activities other than those specified in this Service Description
  • Data cleansing past what is required to calculate the required and agreed upon metrics
  • Loading and shaping data other than what is required for the implementation and specified in the Statement of Work
  • Creating and distributing dashboards or guided analysis pages other than what is specified in the Statement of Work
  • The terms of this service description do not confer on the client any warranties which are in addition to the warranties provided under the terms of the agreement

Miscellaneous

  1. Reasonable Limits to Scope of Service

Forecast5 is not liable for any failure or delay in performance due to any cause beyond its control, including client’s failure to comply with its obligations under this service description.  Service extends only to uses for which 5Lab was designed.

  1. Optional Services

Optional services (including dashboard or guided analysis creation) are available for purchase from Forecast5 and will vary based on the complexity and time required.  Optional charges may require a separate agreement with Forecast5.  In absence of such agreement, optional services are provided pursuant to this service description.

  1. Security

IT Infrastructure Security

Forecast5 Analytics, Inc. runs its application platform on Amazon’s AWS cloud infrastructure. The infrastructure is designed and managed in alignment with security best practices and a variety of IT security standards, including:  SOC 1/SSAE 16/ISAE 3402 (formerly SAS 70), SOC 2, SOC 3, FISMA, IACAP, and FedRAMP, DOD CSM Levels 1-5, PCI DSS Level 1, ISO 9001 / ISO 27001, ITAR, FIPS 140-2 and MTCS Level 3.

Application Security

Authentications

Forecast5 Analytics platform provides secure authentication according to the best practices. 5Lab uses multi factor authentication (MFA) process to securely allow access to the application functionality and data. Users can authenticate using their credentials specific for 5Lab, or they can authenticate using Google Sign-In if they use Google platform in their district.

Authorizations

Access to guided analyses, dashboards, and other data resources can be constrained using role-based-access-control mechanism. Access to specific subsets of data can be restricted using configurable filters assigned to each user.

Data Security

Data Transfer Security

Data transfer in and out of 5Lab is secured using TLS protocol. Data can be uploaded securely using either user interface form or it can be automated using a script that connects to the data upload API.

All uploaded data is in CSV format and must satisfy predefined templates.

Data at Rest Security

Data is stored securely in a private network. The database that holds the data is encrypted at the disk block level and thus cannot be read outside of designed use.