Last updated: 4th of April 2020
The following are the terms of service (“Terms of Service”) that define the relationship between Peergrade Inc. (doing business as Peergrade (“Company”, “Peergrade”, “Eduflow”, “we”, or “us”)) and you, and govern your use of Peergrade’s services.
Eduflow is a product by Peergrade, and the agreement to use the Eduflow product is with Peergrade.
Thank you for your interest in Peergrade, which owns and operates the services offered on eduflow.com (“Eduflow Website”) and any associated applications (“Eduflow Apps”) or products and services that Company may provide now or in the future (collectively, the “Service”).
When using the Service, you will also be subject to the Eduflow Privacy Policy and any posted guidelines, policies or rules applicable to specific features of the Eduflow Website, which may be posted from time to time (collectively the “Guidelines”). These Terms of Service, including any other Guidelines and future modifications (collectively, the “Agreement”), govern your use of the Service and is a legal contract between you and Eduflow. If there is any inconsistency between the Terms of Service and any of the Guidelines, the additional Guidelines will prevail to the extent of the inconsistency. By registering for an account on, or otherwise accessing or using the Eduflow Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are using the Service on behalf of an institution that has a separate written agreement with Eduflow, that agreement governs your use of the Service.
If a student’s Educational Institution or teacher elects to utilize student accounts on a shared device (or any other devices) in the Educational Institution (e.g. a school), the Educational Institution will be responsible for obtaining any necessary parental consent under COPPA to create the student account on behalf of the student and let students access their accounts. Alternatively, a teacher may choose to allow students to set up their own account using the unique code provided by the teacher. When students set up their own Eduflow account, we ask students to provide their name, email address, a password and the unique code or link they have been given by their teacher to connect with the class. They will later use the email address and password to access their account instead of the Class Code. Consistent with the requirements of COPPA, before inviting the students via the Class Code the teacher has represented to Eduflow that they have obtained any necessary parental consent.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “Member” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.
As long as you are complying with all of the terms and conditions of this Agreement, Company gives you permission to access and use the Service that you select through the applicable registration process. The Service is available for your personal, noncommercial use.
Except as expressly permitted under this Agreement, you agree that your permission to use the Service is conditioned upon you following all the restrictions set forth in the “Eduflow Technology” and “Acceptable Use and Conduct” sections.
In the course of using the Service, you and other users may provide or post certain content or information (including, but not limited to, photos, videos, music, messages sent between students and teachers, and feedback), which may be used by Eduflow in connection with the Service and which may be visible to certain other users (collectively “User Submissions”).
Please visit our Privacy Policy for additional information on the types of information different types of users are able to provide. Additionally, some User Submissions may be deemed an Education Record (as defined below).
You retain all ownership rights you have in any User Submissions. Eduflow does not claim any ownership rights in the User Submissions. Please note that, while you retain ownership of your User Submissions, any template or layout in which you arrange or organize such User Submissions through tools and features made available through any of our Service are not proprietary to you — rights to such templates or layouts will remain with us.
In order to allow Eduflow to provide the Service, you hereby grant to us a limited, non-exclusive, sublicensable (as necessary to perform the Service), worldwide, royalty-free, and transferable (only to a successor) right and license to (i) use, copy, store, distribute, publicly perform and display, modify, and create derivative works (such as changes we make so that your content works better with our Service) such User Submissions as necessary to provide, improve and make the Service available to you and other users, including through any future media in which the Service may be distributed, (ii) use and disclose metrics and analytics regarding the User Submissions in an aggregate or other non-personally identifiable manner (including, for use in improving our service or in marketing and business development purposes), (iii) use any User Submission (including any Education Record) that has been de-identified for any product development, research or other purpose; and (iv) use for other purposes permitted by the Eduflow Privacy Policy.
Company will only share and use your personal information in accordance with Eduflow's current Privacy Policy at http://www.eduflow.com/privacy-policy.
The license in (i) above will terminate when you delete any User Submissions with intellectual property rights (like photos or videos) (“IP content”)), you or your Institution (as defined below) deletes an Education Record, you delete any personal information, or you delete your account, unless your content has been shared with others, and they have not deleted it.
Please see our deletion FAQs for more information. When you delete IP content, Education Records, or personal information, it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Submission may persist in backup copies for a reasonable period of time (but will not be available to others).
You are responsible for making sure that you have all rights in the User Submissions, including the rights necessary for you to grant us the foregoing licenses to the User Submissions. You are responsible for ensuring your User Submission complies with the “Acceptable Use and Conduct” Section and for any other guidelines or conditions specific to a particular category of user (e.g., instructor, administrator, or student). When you include User Submissions, you can create links to external websites. If you elect to create links to external websites, you must verify the quality and substance of each external link. You are solely responsible for any links you create to external websites. Eduflow is not liable or responsible for any links created by you, or for any damages, direct or indirect, arising therefrom.
All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. Eduflow cannot guarantee the identity of any other users with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You acknowledge that Eduflow and its designees (such as instructors) reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any User Submission through or on the Service in whole or in part at any time for any reason or no reason with or without notice and without liability of any kind. Additionally, we do not guarantee that we will publish any of your User Submissions, and reserve the right to remove User Submissions from the Service at any time for any reason, such as if we receive a notice reports a User Submission infringes someone’s intellectual property rights.
Our automated systems analyze your User Submissions (including emails) to provide you personally relevant product features, such as customized search results, and for spam and malware detection. As an example we might determine which feedback rubrics to show you based on the grade level or subject you teach. This analysis occurs as the content is sent, received, and when it is stored. eduflow will not analyze any personal information contained in Educational Records for the purpose of providing behaviorally-targeted advertising to students. The foregoing shall not be construed to (i) prohibit Eduflow from marketing or advertising directly to instructors so long as the marketing or advertising did not result from the use of personal information contained in Educational Records to provide behaviorally-targeted advertising or (ii) to limit the ability of Eduflow to use Educational Records for adaptive learning or customized student learning purposes.
We always appreciate your feedback or other suggestions about Eduflow, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.
Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Service. Please see our Privacy Policy for a description of the procedures 1) by which a student, parent or legal guardian of a student may review, access or delete the personal information of a student; and 2) by which the Institution may access and delete Education Records. Additionally, please see our Privacy Policy for more information on the administrative, technical and physical safeguards we maintain to protect against unauthorized use, disclosure of or access to personal information. By using our Service, you agree that Eduflow can use such data in accordance with our Privacy Policy. We won’t reduce your rights under the Privacy Policy without your explicit consent.
Eduflow understands that it is important that our partner schools comply with the Family Education Rights and Privacy Act (“FERPA”) and related regulations. Certain information that may be provided to Eduflow by School Personnel that is directly related to a student and maintained by an Institution, may be considered an education record (“Education Record”) under FERPA. Additionally, certain information, provided to Company by School Personnel about a student, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. A school may not generally disclose personally identifiable information (“PII”) from an eligible student’s education records to a third-party without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA (“FERPA Exemption(s)”), including the exemption for Directory Information (“Directory Information Exemption”) or disclosure to school officials with a legitimate educational interest (“School Official Exemption”).
As School Personnel or an Institution providing Directory Information or any Education Record to Eduflow, you represent, warrant and covenant to Eduflow, as applicable, that your Institution has:
(i) complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and may be disclosed and allowing parents and eligible students a reasonable amount of time to request that schools not disclose directory information about them; and/or
(ii) complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “school official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by Eduflow; or
(iii) obtained all necessary parental or eligible student written consent to share the Directory Information and Educational Records with Company, in each case, solely to enable Company’s operation of the Service.
It is important that School Personnel not provide information to Eduflow from any student or parent that has opted out of the disclosure of Directory Information. Eduflow depends on our school partners to ensure that the school is complying with the FERPA provisions regarding the disclosure of Directory Information or the School Official Exemption for any student information that will be shared with Eduflow. Eduflow is not in a position to provide legal advice regarding whether the school’s existing FERPA disclosures are sufficient. To the extent that School Personnel have questions regarding these issues, they should consult the school’s own legal counsel for more information.
Eduflow will never share PII contained in Education Records with third parties except (i) as directed by a Eduflow user (i.e., teacher sharing with another teacher); or (ii) to our service providers that are necessary for us to provide the Service, as stated in our Privacy Policy. A list of our current essential service providers is located here. PII contained in Education Records are never used or disclosed for third-party advertising or any kind of first- or third-party behaviorally-targeted advertising to students. Additionally, personal information collected directly from a student using Eduflow is never used or disclosed for third-party advertising, or any kind of first- or third-party behaviorally-targeted advertising to the student, and personal information collected from a student is never sold or rented to anyone. This section shall not be construed to (i) prohibit Eduflow from marketing or advertising directly to teachers or other users so long as the marketing or advertising did not result from the use of PII contained in Educational Records to provide behaviorally-targeted advertising or (ii) limit the ability of Eduflow to use student information or Educational Records for adaptive learning or customized student learning purposes.
Eduflow may use Directory Information and Education Records that have been de-identified for product development, research or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed, this includes, but is not limited to, name, date of birth, demographic information, location information and school identity. Eduflow agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third-party unless that party agrees not to attempt re-identification.
Regarding FERPA and California AB 1584 (Buchanan) Privacy of Pupil Records: 3rd-Party Digital Storage & Education Software (Education Code section 49073.1), Eduflow will abide to the following:
The Service and the Eduflow Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with this Agreement. “Eduflow Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including Eduflow proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all Eduflow Marks. “Eduflow Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Eduflow.
Eduflow Technology is protected by copyright and other intellectual property laws. Using our Service does not give you ownership of any intellectual property rights in our Service or the Eduflow Technology. You agree that, as between you and Eduflow, all the intellectual property rights in the Eduflow Service and Eduflow Technology, which does not include User Submissions (as defined above), are owned by Eduflow or its licensors. These terms do not grant you the right to use any Eduflow Marks.
You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the Eduflow Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any Eduflow Technology. You will not access the Service to build a product using similar ideas, features, functions, interface or graphics of the Service.
You may not use content from our Services, including User Submissions, unless you obtain permission from its owner or are otherwise permitted by law. Don’t remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.
Company may, now or in the future, incorporate certain functions that allow teachers and administrators to interact with the Service through your accounts on certain supported third-party social networks or network storage sites, such as with “Like” and “Share” buttons, features allowing you to register on Eduflow through social networks or otherwise grant access to a third-party social networking service, such as through Facebook Connect or Google, or other similar features (collectively “Linked Accounts”). If you choose to use such features, you grant Company permission to access and use your Linked Account for the purpose of processing your requests. Your use of Linked Accounts is subject to the applicable third-party terms.
If you use any third-party applications, such as YouTube video, including, but not limited to, third-party applications that are integrated directly with our Service through application programming interfaces (“APIs”) for your convenience, (“Third-Party Applications”), you are solely responsible for your interactions with such Third-Party Applications. Additionally, if you elect to use any Third-Party Applications, you are solely responsible for the selection of and any transfer or downloading of any User Submissions, or any other data or content stored on the Eduflow Service, to such Third-Party Applications, including through any Eduflow API’s. Eduflow shall not be responsible for any disclosure, modification or deletion of your data, or the use of your data by such Third-Party Applications, including, without limitation, any User Submissions, resulting from any such access by Third-Party Applications.
You acknowledge and agree that in connection with certain Third-Party Applications, you will be required to create accounts on other websites in your name (“User Third-Party Accounts”) for such services to function. Such User Third-Party Accounts are required by the Third-Party Applications to be set up directly between you and the Third-Party Application. Use of the User Third-Party Accounts will be governed by the terms of use, agreements, policies, rules, guidelines and privacy policies of such websites (“Third-Party Application Terms”). You agree and acknowledge that you are solely responsible for compliance with such Third-Party Application Terms. If required to provide the Service, you hereby authorize and grant Eduflow a right to use any names, passwords, API keys or other keys (“Third-Party Application Account Keys”) solely as necessary to provide the Service to Member.
If you use any Third-Party Applications, including without limitation, to create and link or integrate any videos or other content (“Third-Party Application Created Content”) to your account on Eduflow, it is your responsibility to obtain any and all necessary rights you need, including, without limitation, for any additional photos / videos / music and as necessary to grant us the license set forth in “Your Information and Content” Section. You are also solely responsible for all Third-Party Application Created Content, and for ensuring that such Third-Party Application Created Content meets all applicable conditions and restrictions set forth in this Agreement, including, but not limited to, those in “Your Information and Content” Section. You further acknowledge that any Third-Party Application Created Content is subject to any other disclaimers and rights of Eduflow with respect to such content contained in this Agreement, including, but not limited to the “Your Information and Content” Section. You represent and warrant, in connection with any use of Third-Party Applications, that you: (i) shall comply at all times with all applicable Third-Party Application Terms, including regarding the indirect or direct transfer of any User Submissions or other data to any third parties; (ii) shall comply with any and all process and guidelines set forth (or that may be set forth) by Eduflow regarding Third-Party Applications.
In addition to our Free account, we offer paid accounts and services such as Solo and Team plans. All paid accounts are available on the Website as an “Upgrade.” By selecting an Upgrade you agree to pay Eduflow the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
Unless you notify Eduflow within three (3) business days prior to the end of the applicable subscription period that you want to cancel an Upgrade your subscription will automatically renew and you authorize us to collect the then-applicable monthly or annual subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in your account page by downgrading to a cheaper plan.
When a paying customer decides to change their current plan to a more expensive plan. For this example, let’s assume that Alice subscribed to the Basic plan with 30 students ($60/year) on January 1st, and that on January 15th she decides to upgrade to the Pro plan ($150/year). We refund Alice for her 350 remaining days on the Basic plan (about $57.53). We charge Alice for one 350 days of the Pro plan ($143.83). The total charged will be around $86.30 for the upgrade. On January 1st the next year, her plan will auto-renew as a Pro plan ($150/year). Alice can cancel at any time, in which case her plan will not auto-renew and Eduflow will not charge her again.
When a paying customer chooses to change their plan from a more expensive plan to a less expensive plan. For this example, let’s assume that Barbara subscribed to the Pro plan with 30 students ($150/year) on January 1st, and that on January 15th she decides to downgrade to the Basic plan ($60/month). In this case we will add what constitutes around $143.83 as Eduflow credits (see below) to Barbara’s account. These credits will be available when making a new Upgrade at a later stage but will remain on Barbara’s account until used.
Eduflow credits have no currency or exchange value, are non-transferable and non-refundable, and will expire following the termination of your account with Eduflow.
All purchases are final and non-refundable including all renewal fees. Eduflow does not provide refunds for accounts that are renewed, automatically or otherwise. If you are on a Monthly or Annual billing plan, you can cancel your subscription at any time and you will continue to have access to your paid features on your account through the end of your billing period.
One-time charges such as add-on paid features are non-refundable. If you’ve made a purchase by accident or believe you deserve a refund for a one-time charge, please contact Eduflow support directly.
We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should look at the Agreement regularly. We’ll post notice of modifications to this Agreement on this page. Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.
Eduflow will not change how personally identifiable information is used or shared under these Terms of Service without advance notice and consent from a School Official or Institution.
You warrant, represent and agree that you will not provide any User Submissions or otherwise use the Service in a manner that (i) infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Company in violation of any applicable laws or regulations, including without limitation COPPA and FERPA (the “Laws”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. Additionally, you represent, warrant and agree that you (i) possess all rights necessary to provide your User Submissions and grant Company the rights in this Agreement (ii) you will comply with the Laws in connection with your use of the Service; and (iii) you are solely responsible for compliance with COPPA when obtaining School Consent.
We do our best to keep Eduflow safe, but we cannot guarantee it. We need your help to keep Eduflow safe, which includes the following commitments by you when using our Service:
Any violation of the above may be grounds for termination of your right to access or use the Service.
We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
DISCLAIMER OF WARRANTIES. THE SERVICE (AND ANY ASSOCIATED CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER SUBMISSIONS, EDUFLOW TECHNOLOGY OR SOFTWARE) ARE PROVIDED ON AN “AS IS” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE EDUFLOW TECHNOLOGY, SERVICES, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER SUBMISSIONS, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EDUFLOW MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS OR USER SUBMISSIONS WILL MEET YOUR REQUIREMENTS, BE TO YOUR LIKING, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER.
ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM EDUFLOW SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
LIMITATION OF LIABILITY. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL EDUFLOW OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS OR AGENTS (“COMPANY PARTIES”), BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF EDUFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICES, CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, OR USER SUBMISSIONS; OR (iii) ANY INTERACTION WITH ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS.
IN NO EVENT WILL EDUFLOW OR THE COMPANY PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO COMPANY FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
As a condition to using Service, you may be required to register with Company and select a password and username or provide additional contact information (“Company User ID”). You must provide Company with accurate, complete, and updated Company User ID information. You may not select or use as a Company User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. You represent, warrant and covenant all registration information you submit is truthful and accurate. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password or class code and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone without express prior written consent of Company. Company will not be liable for any direct or indirect loss that you may incur as a result of someone else using your Company User ID, password or class code, either with or without your knowledge or for a failure to comply with this Section. However, you may be held liable for losses incurred by Eduflow or another party due to someone else using your Company User ID, password, or class code.
You expressly agree to (a) immediately notify Eduflow of any unauthorized use of your account or any other breach of security of your account or a child’s personal information, and (b) ensure that you properly logout from your account at the end of each session.
You represent, warrant and covenant all registration information you submit is truthful and accurate.
You will indemnify, defend, and hold Company, its parents, partners, subsidiaries, affiliates, contractors, service providers, officers, and employees harmless from and against all damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys’ fees) from any claim or demand made by any third-party relating to or arising out of (i) your access to, use, or misuse of the Service, (ii) your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), (iii) the infringement by you or any third-party using your account of any intellectual property or other right of any person or entity, including in connection with your User Submissions, or (iv) your breach or alleged breach of any interaction, agreement, or policy between you and any other user.
Eduflow reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Eduflow. Eduflow will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
It is Eduflow's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA“). For more information, please go to Eduflow's DMCA Notification Guidelines. Eduflow may remove any allegedly infringing content without any liability to you. Eduflow will promptly terminate without notice any User’s access to the Service where the User is a “repeat infringer” of copyrights. Eduflow, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User.
Content from other users and third parties, including, information about third-party products and services, is made available to you through the Service (“Third-Party Content”). Additionally, the Service may contain links to third-party websites that are not owned or controlled by Company, and includes features that allow you to interact and communicate with third parties (“Third-Party Websites”). The inclusion of Third-Party Content and links to Third-Party Websites on the Service does not imply our affiliation or endorsement of such Third-Party Content or Third-Party Websites. Because we do not control Third-Party Content or Third-Party Websites, you agree that we are not responsible for any such Third-Party Content or Third-Party Websites, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third-Party Content or Third-Party Websites (including privacy policies or opinions expressed on the Third-Party Websites), it is the sole responsibility of the person from which such Third-Party Content or Third-Party Websites originated, and Eduflow has no obligation to monitor such Third-Party Content or Third-Party Websites. When you access third-party websites or interact or communicate with third parties through the Service, you do so at your own risk. Your interactions with Third-Party Content and Third-Party Websites, organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals and are subject to their respective terms and conditions and privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. You understand that by using the Service you may be exposed to Third-Party Content or Third-Party Websites that are offensive, indecent or objectionable, and that you use the Service at your own risk.
User Disputes. Eduflow is not responsible for the actions, content, information or data of other third parties, including other users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. We reserves the right, but have no obligation, to become involved in any way with these disputes.
Release. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use , privacy or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
This Agreement shall remain in full force and effect while you use the Service unless your account is terminated as provided in this Agreement (“Term”). You may terminate your use of the Service or your account at any time by writing to privacy@eduflow.com – parents, you can also terminate your child’s account the same way, although we will need to verify your identity. Please see our FAQ for what information is deleted when you terminate or delete your account. Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We won’t provide notice before termination where:
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, and for all purposes of this Agreement, you and Company consent to the exclusive jurisdiction and venue of such courts. Unless and solely to the extent that you or your Institution have a separate written agreement with Company that governs your use of the Service (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. For information about how to contact Company, please visit our about page.