Agenda Item
a. Renewal: Everyday Labs (Not to exceed $169,233)
Summary: Presented by: Kishia K. Towns, Ph.D., Chief of Wrap Around Services, Division of Wrap Around Services
Request: It is requested that the Board of Education approve the renewal of the EveryDay Labs Attendance Intervention platform for an additional year for an amount not to exceed $169,233.
Why: EveryDay Labs Intervention has been proven to reduce absenteeism among students from communities experiencing marginalization. Research shows chronic absences disproportionately affect students due to systemic barriers. EveryDay Labs Intervention provides the families of these students with proactive support that helps them access learning opportunities. EveryDay Labs Intervention is a research-based and proven effective solution that promotes student achievement by reducing absences and increasing access to learning opportunities.
Details: EveryDay Labs was piloted in DCSD during the second semester. Upon completion of professional development for Horizon School staff members, the program launched in March 2024. Everyday Labs monitors attendance and sends out text messages, which they refer to as nudges, to guardians when students are absent. Families have an opportunity to communicate with a bot that addresses the concern and provides resources as needed. Nudges are differentiated based on language, grade level, school and level of absenteeism.
Schools have access to the attendance dashboard via the Everyday Labs platform and can monitor parent contacts and communication. The goal of the program is to reduce chronic absences, support families in developing strong attendance habits, and help families make the connection between attendance and academic success.
Financial impact: The estimated cost of $169,233 per year to renew the platform is based on 15,752 students: Program Management & Design and Analytics Licenses (text nudges & support bot, mail nudges, check-in surveys, EveryDay Pro MTSS Platform).
The purchase amount not to exceed $169,233 will be paid using Title IV funding.
Contact: Kishia K. Towns, Ph.D., Chief, Wrap Around Services, Division of Wrap Around Services, 678-676-1811,
Ms. Denise Revels, Director of Wrap Around and Support Services, Division of Wrap Around Services, 678-676-2011,
Ms. Shelly Bishop, Coordinator of Social Work Services, Division of Wrap Around Services, 678-676-2009
Effective: Upon Board Approval
Status: Approved by the Office of Legal Affairs
EveryDay Labs Inc.
303 Twin Dolphin Drive, Suite 600
Redwood City, CA 94065
EVERYDAY LABS INC. DATA USE AGREEMENT
This DATA USE AGREEMENT (this “Agreement”) is between DeKalb County School District, hereinafter referred
to as “Data Provider,” and EveryDay Labs Inc., hereinafter referred to as “EveryDay Labs”. Data Provider and
EveryDay Labs may hereinafter be referred to individually as a “Party,” and collectively as the “Parties.” The
effective date of this Agreement shall be the date signed by both parties (the “Effective Date”).
In addition to the terms and conditions contained herein, the following documents are attached hereto and made a
part of this Agreement:
Attachment A – Description of Services
Attachment B – Data Transfer Standards
Attachment C – Contact Information
WHEREAS, Data Provider desires to make Data (as defined below) available to EveryDay Labs for the limited
purpose of enabling EveryDay Labs to provide the Service (as described in Attachment A) on behalf of Data
Provider; and
WHEREAS, EveryDay Labs is willing to provide the Service for the benefit of Data Provider to help improve
student attendance and performance in DeKalb County School District.
NOW, THEREFORE, the Parties hereto agree as follows:
1. SERVICES. Subject to the terms and conditions of this Agreement, EveryDay Labs will provide District with the
services specified in Attachment A (collectively, the “Services”) during the applicable Term (as defined below). The
Services are subject to modification from time to time (at EveryDay Labs’s sole discretion, for any purpose deemed
appropriate by EveryDay Labs). No modification to this Agreement shall be binding unless in writing signed by the
party so to be bound thereby. District will cooperate with EveryDay Labs in connection with the performance of this
Agreement by making available such personnel and information as may be reasonably required, and taking such
other actions as EveryDay Labs may reasonably request.
2. TERM. The term of this Agreement commences on the Effective Date and expires August 31, 2026 subject to early
termination as provided herein (the “Term”)
3. LIMITED RIGHTS TO USE STUDENT RECORDS. District will provide the Student Records (as defined
below) to EveryDay Labs solely for EveryDay Labs to provide the Services and otherwise exercise and fulfill its
rights and obligations hereunder, and hereby grants to EveryDay Labs the non-exclusive, royalty-free, worldwide,
transferable license and right to (i) internally use, copy, modify, create derivative works of, and disclose the Student
Records to EveryDay Labs Persons (as defined below) and/or other persons authorized in writing by District solely to
provide the Service for the benefit of District, and (ii) freely use, copy, modify, create derivative works of, disclose
and otherwise exploit De-Identified Aggregated Data (as defined below) for any business purposes during and after
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the Term (including without limitation, for purposes of improving, testing, operating, promoting and marketing
products and services).
EveryDay Labs warrants that it will comply with the requirements of FERPA with respect to the use and disclosure
of student records.
“Student Records” means the confidential and proprietary student-related information which District discloses to
EveryDay Labs, including as set forth in Attachment B (Data Transfer Standards), and excludes De-Identified
Aggregated Data. “De-Identified Aggregated Data” means data submitted to, collected by, or generated by EveryDay
Labs in connection with District’s use (and EveryDay Labs’s provision) of the Services, but only in anonymized form
which does not (and cannot be used to) specifically identify District, any of District’s students or any other
individual. District shall retain ownership of any rights it may have to the Student Records. “EveryDay Labs Person”
is (i) a director, employee, contractor, agent or affiliate of EveryDay Labs, (ii) who needs to access the Student
Records in connection with EveryDay Labs’s provision of the Service, and (iii) is subject to confidentiality
obligations that are no less protective of the Student Records than the terms of Section 7 of this Agreement.
EveryDay Labs reserves the right to utilize independent contractors (e.g., third-party mailing vendors, third-party
data integration vendors) to provide the Service. Prior to providing Student Records to such contractors, EveryDay
Labs will enter into a separate agreement restricting the use and disclosure of Student Records in accordance with
this Agreement.
Except for the rights expressly granted herein, this Agreement does not give EveryDay Labs any rights, implied or
otherwise, to the Student Records. At no time will EveryDay Labs share any Student Records with any
non-EveryDay Labs Person without the written permission of District. EveryDay Labs shall notify District
should EveryDay Labs become aware of any unauthorized access to Student Records. Such notification shall
reasonably include a description of the corrective actions that will be undertaken by EveryDay Labs. Upon contract
termination, Student Records will be cleared in accordance with Section 9.
4. DISTRICT RESPONSIBILITIES. District shall only provide the Student Records to EveryDay Labs in
accordance with the Data Transfer Standards set forth in Attachment A. District will not, and will not permit any
third party to: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover or obtain the source
code, object code or underlying structure, ideas or algorithms of the Services or any software, documentation or data
related to the Services (“Software”) (provided that reverse engineering is prohibited only to the extent such
prohibition is not contrary to applicable law); (ii) modify, translate, or create derivative works based on the Services
or Software; (iii) use the Services or Software for timesharing or service bureau purposes or for any purpose other
than its own internal use for its own internal benefit; (iv) use the Software or Services in any infringing, defamatory,
harmful, fraudulent, illegal, deceptive, threatening, harassing, or obscene way; or (v) use the Services or Software
other than in accordance with this Agreement and in compliance with all applicable laws, regulations and rights
(including but not limited to those related to, intellectual property, consumer and child protection). District further
represents and warrants that neither the Student Records nor the use thereof by EveryDay Labs in accordance with
this Agreement will infringe, misappropriate or violate any rights of or agreements with a third party or any laws or
regulations. If EveryDay Labs receives any notice or claim that any data provided to EveryDay Labs, or activities
hereunder with respect to any such data, may infringe or violate rights of or agreements with a third party or any laws
or regulations (a “Claim”), EveryDay Labs may, but is not required to, suspend or terminate the Service.
5. WARRANTIES. Each party represents and warrants that it (i) has the authority to enter into this agreement (ii)
will comply with applicable law, including without limitation the Family Educational Rights and Privacy Act (20
U.S.C. § 1232g; 34 CFR Part 99) (FERPA) and other data privacy laws. The parties shall reasonably cooperate with
each other to facilitate compliance with these laws, regulations and standards.
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6. OWNERSHIP. District shall retain ownership of any rights it may have to the Student Records. As between the
parties, EveryDay Labs alone will retain all intellectual property rights relating to the Service, including without
limitation (i) any processes designed, used or implemented or works authored by EveryDay Labs, and (ii) the
Absence Reports other than information specific to the District. District grants to EveryDay Labs a non-exclusive,
royalty-free right and license to (directly or through EveryDay Labs Persons) use and otherwise exploit the District’s
names, marks, logos and other identifiers (“Logos”) during the Term in accordance with District’s reasonable
trademark usage guidelines for EveryDay Labs to perform the Services hereunder, including without limitation using
the Logos with Absence Reports. District may use the EveryDay Labs’s Logos, in accordance with EveryDay Labs’s
relevant usage guidelines to identify and publicize the Services at conferences and education events; and (ii)
EveryDay Labs may identify District as its customer and use District’s Logos for marketing and sales purposes,
provided that such identification shall not state or imply an endorsement by District. Except as expressly permitted
by this Section 6, each Party shall have a written right of approval over the use of its Logos by the other party, which
will not to be unreasonably withheld.
7. CONFIDENTIALITY. EveryDay Labs will (i) use commercially reasonable efforts to protect the security of
Student Records at all stages of providing the Service, (ii) use commercially reasonable efforts to limit access to
Student Records to authorized recipients as provided in Section 3, and (iii) not at any time during or after the term of
this Agreement disclose Student Records to any other person (other than EveryDay Labs Persons) without District’s
prior written consent (except that notwithstanding anything else the foregoing may be disclosed as required by law,
regulation, or valid legal process, in which case EveryDay Labs shall, unless otherwise prohibited by law, notify
District prior to such disclosure). Notwithstanding the foregoing, the confidentiality obligations of this Section 7 do
not apply to any information that (a) was lawfully in the possession of EveryDay Labs before receipt from District;
(b) is or becomes publicly available through no fault of EveryDay Labs; (c) is received by EveryDay Labs, without
use or disclosure restriction, from a third party having an apparent bona fide right to disclose the information to
EveryDay Labs; or (d) is independently developed by EveryDay Labs without use of the Student Records. District
may be identified as the source of the Student Records.
While the terms of this Agreement are EveryDay Labs’s confidential information, each party may disclose the
relationship and the existence of this Agreement.
EveryDay Labs shall, to the extent of its liabilities under the laws of the State of Georgia, defend the District
(including but not limited to, its directors, trustees, officers, and employees) (“District Indemnitees”) from any and
all claims, actions or suits by unaffiliated third parties, and shall indemnify and hold the District Indemnitees
harmless up to $1,000,000 from and against all losses, damages, costs, expenses paid or payable to such third
party(ies) (including attorney fees, where such claims, actions or suits arise solely and directly from EveryDay
Labs’s or an EveryDay Labs Person’s breach of the Student Record confidentiality requirements contained herein,
provided EveryDay Labs is promptly notified of any and all threats, claims and proceedings related thereto and given
reasonable assistance and the opportunity to assume control over the defense and all negotiations for a settlement or
compromise; EveryDay Labs will not be responsible for any settlement it does not approve in writing. The foregoing
is District’s sole remedy with respect to any breach of EveryDay Labs’s obligations herein relating to Student
Records.
8. WARRANTY DISCLAIMER. OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN SECTION 5,
THE SERVICES, SOFTWARE, AND EVERYDAY LABS PROPRIETARY INFORMATION AND ANYTHING
PROVIDED BY OR ON BEHALF OF EVERYDAY LABS IN CONNECTION WITH THIS AGREEMENT ARE
PROVIDED "AS-IS," WITHOUT ANY WARRANTIES OF ANY KIND, AND EVERYDAY LABS (AND ITS
AGENTS, AFFILIATES, LICENSORS AND SUPPLIERS) HEREBY DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
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9. TERMINATION. Subject to earlier termination as provided below, this Agreement is for the Term as specified in
the Order From. In the event of any material breach of this Agreement, the non-breaching party may terminate this
Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching party;
provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the
expiration of such thirty-day period. Either party may terminate this Agreement, without notice, (i) upon the
institution by or against the other party of insolvency, receivership or bankruptcy proceedings (provided that if such
proceedings are involuntary, they are not dismissed within 120 days), (ii) upon the other party's making an
assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business without a
successor.
All sections of this Agreement which by their nature should survive termination will survive termination, including,
without limitation, restrictions, accrued rights to payment, confidentiality obligations, indemnification obligations,
intellectual property rights, warranty disclaimers, and limitations of liability. Upon termination or expiration of this
Agreement, District may instruct EveryDay Labs in writing to clear Student Records within sixty (60) days from the
date of notification.
10. LIMITATION OF LIABILITY. EXCEPT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, IN
NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER (I) FOR ANY INDIRECT, PUNITIVE,
CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOST REVENUES OR PROFITS, ARISING
FROM BREACH OF THE TERMS IN THIS AGREEMENT, NEGLIGENCE, STRICT LIABILITY OR OTHER
TORT, OR ANY OTHER CAUSE, OR (II) AMOUNTS, IN THE AGGREGATE, IN EXCESS OF THE FEES PAID
OR PAYABLE TO EVERYDAY LABS HEREUNDER IN THE TWELVE MONTH PERIOD ENDING ON THE
DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED.
11. INSURANCE. EveryDay Labs shall procure and maintain the types and minimum limits of insurance as required
by District, covering the performance of the Service. EveryDay Labs shall procure all insurance solely from insurers
authorized to do business on an admitted basis in the State of Georgia, or otherwise acceptable to District and their
Office of Risk Management, or the equivalent office thereof.
12. MISCELLANEOUS. This Agreement will be governed by, and construed in accordance with, the substantive laws
of the State of Georgia, without giving effect to any choice or conflict of law provision. Any action, suit or other
proceeding arising under or relating to this Agreement (a “Suit”) shall be brought in a court of competent jurisdiction
in the State of Georgia, and the parties hereby consent to the sole jurisdiction of the state and federal courts sitting in
the State of Georgia. The Parties are independent contractors and neither party shall be deemed to be an agent or
employee of the other party. Neither party shall have authority to make any statements, representations or
commitments of any kind on behalf of the other party, or to take any action which shall be binding on the other party.
Neither party may assign this Agreement without the written consent of the other party; provided that either party
may assign all of its rights and obligations under this Agreement to a successor-in-interest in connection with a sale
or transfer of substantially all of such party’s assets or business to which this Agreement relates. No modification or
waiver of any provision of this Agreement or any Attachment shall be valid unless in writing and executed by
duly-authorized representatives of both Parties. A failure by one of the Parties to this Agreement to assert its rights
hereunder shall not be deemed a waiver of such rights. No such failure or waiver in writing by any one of the Parties
hereto with respect to any rights shall extend to or affect any subsequent breach or impair any right consequent
thereon. If any provision of this Agreement is or becomes invalid or is ruled invalid by any court of competent
jurisdiction or is deemed unenforceable, it is the intention of the parties that the remainder of this Agreement shall
not be affected. This Agreement may be executed in two or more counterparts, and by facsimile or electronic
transmission, each of which will be deemed to be an original, but all of which together shall constitute one and the
same instrument. This Agreement and its Exhibits and Attachments embody the entire understanding between
District and EveryDay Labs, and any prior or contemporaneous representations, either oral or written, are hereby
superseded. All notices required by or relating to this Agreement shall be in writing and shall be sent by means of
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certified mail, postage prepaid, to the Parties to the Agreement and addressed, if to District, to the address set forth
on the Order Form, and if to EveryDay Labs, as follows:
EveryDay Labs Inc.
303 Twin Dolphin Drive, Suite 600
Redwood City, CA 94065
Attn: Contracts
Email: contracts@everydaylabs.com
or addressed to such other address as that party may have given by written notice in accordance with this provision.
All notices required by or relating to this Agreement may also be communicated by email, provided that the sender
receives and retains confirmation of successful transmittal to the recipient. Such notices shall be effective on the date
indicated in such confirmation. In the event that either party delivers any notice hereunder by means of email
transmission in accordance with the preceding sentence, such party will promptly thereafter send a duplicate of such
notice in writing by means of certified mail, postage prepaid, to the receiving party, addressed as set forth above or to
such other address as the receiving party may have previously substituted by written notice to the sender.
IN WITNESS WHEREOF, District and EveryDay Labs have executed this Agreement as of the Effective Date.
DISTRICT
Signature: ______________________________________
Name: ______________________________________
Title: ______________________________________
Date: ______________________________________
EVERYDAY LABS INC.
Signature: ______________________________________
Name: ______________________________________
Title: ______________________________________
Date: ______________________________________
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ATTACHMENT A
DESCRIPTION OF SERVICES
As described below, EveryDay Labs and District will work together to implement a personalized intervention and
engagement solution designed to support student success by preventing student absenteeism, engaging families,
and connecting them to district supports.
The scope will include:
● Unlimited staff access to EveryDay Platform, our attendance analytics and collaboration platform, which
empowers attendance teams to analyze data, coordinate interventions, and track student progress.
○ Data Reporting & Collaboration Tools: Key attendance insights at the district, school, and student
levels; surface patterns & trends; streamline family outreach; track effectiveness of efforts.
○ Evidence-Based Foundational Attendance Campaigns: Leverage various communication
templates, including:
■ Evidence-based chronic absenteeism nudge intervention*
■ Evidence-based truancy notices
■ Targeted campaigns and check-in survey templates
■ Reporting on communications sent at the student, school, and district level, resources
families have requested and engaged with, and flags for incorrect contact information
● Communication Channels:
○ Unlimited Text Nudges** for students in English & Spanish.
○ EveryDay Labs will generate, print and mail Mail Communications*** in English and Spanish
based on a delivery calendar and student eligibility criteria mutually agreed upon by EveryDay
Labs and District. These mailings can be used for chronic absence nudges, truancy notices, or
other targeted campaign messaging. Additional mailings can be purchased for $1.25 each.
● Individualized Family Support: 24/7 Family Support bot and the multilingual phone-based Family
Support Team to connect families to barrier-specific district or community resources.
● Expert Training for High Impact Action: Ongoing professional learning webinars and resource center to
build capacity and equip team to deliver effective attendance improvement strategies throughout the
school year.
● Dedicated Customer Success Manager to support program implementation, provide updates, answer
questions, and lead professional learning sessions for school & district staff
● Biannual program impact analysis
*Specific students may be excluded from receiving communications by the District. EveryDay Labs will exclude students whose parents or guardians have
elected to opt-out of receiving program communications (mail or text), as well as those who do not meet other eligibility criteria (e.g. undeliverable address
or phone number).
**Text Nudges are sent to one phone number per student
***Mailings must be used within contract term.
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ATTACHMENT B
DATA TRANSFER STANDARDS
District will provide EveryDay Labs with access to data as specified in the “EveryDay Labs Data Specification
and Transfer Standards” which contains comprehensive information on data fields and the transfer process.
A summary of key steps are as follows:
● Data Fields: District will provide EveryDay Labs with the following data files for all students who are
currently enrolled in the district, as well as historical data. A complete list of the fields and transfer
protocol can be found in the “EveryDay Labs Data Specifications and Transfer Standards”.
○ Roster File: One row per student. Sample fields: student ID, first name, last name, enrollment
date, un-enrollment date, school, grade, mailing address(es), contact information, demographic
information, home language, exclusion flag
○ Daily Attendance File: One row per attendance event. Sample fields: student ID, attendance
date, attendance code
○ Period Attendance File (Optional): One row per attendance event. Sample fields: student ID,
attendance date, attendance code
○ Exclusion File (Optional): One row per student who school site or district staff would like to
exclude from receiving Absence Reports. Sample fields: student ID, first name, last name, school,
grade
● Executing the Data Transfers: EveryDay Labs will host a secure, FERPA-compliant data transfer
protocol through which the District will transfer all required data files. Additional details can be found in
“EveryDay Labs Data Specification and Transfer Standards.”
Note: These data specifications and transfer standards are subject to change.
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ATTACHMENT C
CONTACT INFORMATION
District Information
District Name: Principal Contact:
Address: Title:
Phone:
Email:
Billing Contact: Data Contact:
Phone: Phone:
Email: Email:
EveryDay Labs Contacts
Program Manager: Emily Cunningham Sales & Contracts: Emily Bailard
Phone: 650-641-9485 Phone: 650-641-9485
Email: emilyc@everydaylabs.com Email: contracts@everydaylabs.com
Billing Contact: Victor Aguayo
Email: ar@everydaylabs.com
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