School Data Processing Agreement

This School Data Processing Agreement ("Agreement") is entered into between ArtsPass ("Service Provider") and the school or school district identified in the signature block below ("School"), collectively the "Parties."

1. Definitions

2. Scope of Services

ArtsPass agrees to provide the School with access to the Platform for the purpose of managing student music release submissions, collecting and storing verifiable parental consent, enabling administrative review and approval, and coordinating handoff to a Distribution Partner upon school approval.

ArtsPass is not a distribution service and does not independently submit releases to streaming platforms. Distribution requires a separate account with a Distribution Partner, which the School is responsible for establishing and maintaining.

3. Data Processing & FERPA Compliance

The Parties acknowledge that Student Data processed through the Platform may constitute education records subject to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g.

ArtsPass agrees to:

• Process Student Data only as directed by the School and only for the purposes described in this Agreement
• Not disclose Student Data to any third party without the School's prior written consent, except as required by law or to operate the Platform (e.g., Supabase for data storage, Resend for transactional email)
• Maintain reasonable technical and organizational security measures to protect Student Data
• Notify the School within 72 hours of becoming aware of a confirmed data breach affecting Student Data
• Return or delete Student Data upon written request from the School

4. COPPA Compliance

For students under age 13, the School represents that it has obtained, or will obtain through the ArtsPass consent flow, verifiable parental consent prior to the student submitting any release. The School acknowledges that it operates as the institutional operator under COPPA and that ArtsPass provides the consent mechanism as a service to the School.

5. School Responsibilities

The School agrees to:

• Designate at least one administrator with authority to review and approve releases before distribution
• Ensure that students and parents are made aware of ArtsPass's Privacy Policy and Terms of Service before use
• Establish and manage a royalty account with a Distribution Partner, and communicate royalty arrangements to students and parents independently of ArtsPass
• Review submitted releases for content appropriateness before approving distribution
• Notify ArtsPass promptly if an Authorized User's access should be revoked

6. Intellectual Property & Copyright Disputes

The School acknowledges that ArtsPass does not verify the copyright ownership of submitted student works. The School agrees to inform students that submitted content must be original or properly licensed, and that distributing infringing content is the legal responsibility of the submitting student and their parent or guardian.

ArtsPass is not liable for any copyright infringement claims, DMCA takedown notices, or distribution disputes arising from student-submitted content. The School agrees to cooperate with ArtsPass in responding to any such claims involving content submitted through its account.

7. Royalties

ArtsPass does not collect, hold, or distribute streaming royalties. All royalty payments are made directly by the Distribution Partner to the account designated by the School. The School is solely responsible for managing royalty disbursements to students or their families in accordance with applicable law.

ArtsPass recommends that schools consult legal counsel regarding the handling of earnings on behalf of minors, including any applicable state laws governing custodial accounts for minors.

8. Service Continuity & Data Portability

In the event that ArtsPass discontinues the Platform or this Agreement is terminated:

• The School will receive 60 days written notice before service termination, except in cases of breach
• ArtsPass will provide the School with an export of all Student Data and consent records in a standard format (CSV/JSON) within 30 days of termination
• ArtsPass will delete all School data from its systems within 90 days of the export being delivered, unless retention is required by law

9. Limitation of Liability

ArtsPass's total liability to the School under this Agreement shall not exceed the total fees paid by the School to ArtsPass in the twelve months preceding the claim. ArtsPass is not liable for indirect, incidental, or consequential damages, including lost revenue, reputational harm, or claims by third parties.

10. Term & Termination

This Agreement begins on the date of execution and continues for one academic year, renewing automatically unless either party provides 30 days written notice of non-renewal. Either party may terminate for material breach if the breach is not cured within 15 days of written notice.

11. Governing Law

This Agreement is governed by the laws of the State of Florida, without regard to conflict of law principles.

12. Contact

Legal and compliance inquiries: legal@artspass.org