The plain-language summaries provided in italics throughout these Terms of Service are for readability only. They are not legally binding and do not replace the full legal terms. In case of any conflict between the summaries and the actual terms, the full legal text will control. These summaries are not legal advice.
PLEASE READ THESE EDUBLOCKS TERMS OF SERVICE (THE “TERMS”) CAREFULLY BEFORE ACCESSING OR USING (COLLECTIVELY, “USE” OR “USING”) THE EDUBLOCKS WEBSITE OR SERVICES (THE “EDUBLOCKS SERVICES”). BY USING THE EDUBLOCKS SERVICES, YOU SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF THESE TERMS AND ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU ARE AN INDIVIDUAL ACTING ON BEHALF OF A SCHOOL OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF THAT ENTITY.
1. Terms Applicability and Term
When these Terms apply and how long they last.
a. Terms Applicability. These Terms govern Your use of the EduBlocks Services. These Terms are between Anaconda, Inc. on behalf of itself and its Affiliates (“EduBlocks”) and: (i) you, if you are an individual using the EduBlocks Services; or (ii) the school or other entity you are acting on behalf of if you are a teacher or other individual acting on behalf of a school or other entity (collectively schools, entities, and teachers and individuals acting on behalf of schools and entities are “Entity Users”). Together, individuals noted in (i) and Entity Users noted (ii) are referred to as “You” in these Terms.
b. Terms Duration. These Terms apply for as long as You: (i) use the EduBlocks Services; (ii) maintain an Account with the EduBlocks Services; or (iii) have Classroom Users (as defined in Section 3.b below).
2. Customer Content and Accounts
Your content and account responsibilities.
a. Customer Content Availability. EduBlocks has no obligation to backup or guarantee recovery of Your Customer Content and is not liable for any loss or damage to it.
b. Protecting Account Access. You must protect your Account credentials and notify EduBlocks of unauthorized access to them. Bot-created Accounts are prohibited. You must exercise due diligence in safeguarding your Account credentials including your username, password, and any other authentication information associated with your Account. It is crucial to keep your login credentials confidential and not disclose them to any unauthorized individuals. By maintaining the confidentiality of your Account credentials, you can help prevent unauthorized access. EduBlocks cannot be held responsible for any unauthorized access to Your Account resulting from your failure to keep your Account credentials secure. We strongly advise you to choose a strong and unique password, regularly update it, and avoid using the same password across multiple platforms. Additionally, we recommend enabling multi-factor authentication if available to add an extra layer of security to your account.
3. Data, Privacy & Security
How EduBlocks collects and uses your data, and security measures EduBlocks takes to protect your data.
a. Data Collection. EduBlocks collects and stores data necessary to provide the EduBlocks Services, including Your Account information, Customer Content, Personal Data, and Usage Data. For details about how we collect and use Personal Data, please see the Privacy Notice. If You are an Entity User, then Personal Data will be handled per the Data Processing Addendum that you have with Anaconda (as applicable), not the Privacy Notice.
b. Child and Minor Personal Data. The EduBlocks Services include functionality intended for Entity Users to set up classrooms and other spaces (“EduBlocks Classrooms”), and to invite students or other individuals to use EduBlocks Services in connection with the EduBlocks Classrooms (“Classroom Users”). You represent and warrant that you will provide all required notices and obtain and maintain all required consents and permissions needed for EduBlocks to process personal data of Classroom Users you invite or allow to use the EduBlocks Services as specified in the Privacy Notice, including without limitation: (i) consents required to allow processing personal data of any children or minor Classroom Users; and (ii) if required, verifiable parental consent for Classroom Users under the U.S. Children’s Online Privacy Protection Act (15 U.S.C. § 6501 et seq.) (“COPPA”).
c. Sensitive Data. You will not submit Sensitive Data to EduBlocks unless EduBlocks has agreed in writing to accept and process such data. “Sensitive Data” (or any similar term, such as sensitive personal information or special categories of data) shall have the meaning assigned under Data Protection Laws.
d. Usage Data. Usage Data means data related to the performance, operation, and use of the EduBlocks Services, including but not limited to statistical, performance, technical, and diagnostic information. EduBlocks may collect, analyze, and use Usage Data to improve, optimize, and enhance the EduBlocks Services, develop new features, ensure security, and maintain system integrity. For the avoidance of doubt, Usage Data does not include any Customer Content.
e. Data Security. EduBlocks implements industry standard security safeguards to protect your data against destruction, loss, alteration, unauthorized disclosure, and unauthorized access in accordance with applicable law.
f. Security Breach Notification. If EduBlocks becomes aware of actual unauthorized access to Your Customer Content, EduBlocks will notify You as required by applicable law.
4. Acceptable Use and Responsibility for Classroom Users
What you can and cannot do with the EduBlocks Services.
a. Prohibited Conduct. You are not permitted to:
(1) Compromise the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts the EduBlocks Services.
(2) Tamper with, reverse-engineer, or hack the EduBlocks Services, circumvent any security or authentication measures, or attempt to gain unauthorized access to the EduBlocks Services, related systems, networks, or data.
(3) Modify, disable, or compromise the integrity or performance of the EduBlocks Services or related systems, network or data.
(4) Decipher any transmissions to or from the servers running the EduBlocks Services.
(5) Overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.), such as: (i) Using “robots,” “spiders,” “offline readers,” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time by using a normal browser; (ii) Going far beyond the use parameters for the EduBlocks Services; (iii) Consuming an unreasonable amount of storage for Customer Content in a way that’s unrelated to the purposes for which the EduBlocks Services were designed.
(6) Misrepresent Yourself including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, creating a false or forged identity, email address, header, or phone number or otherwise attempting to mislead others, or falsely implying any sponsorship or association with EduBlocks or any third party.
(7) Create Accounts using subdomains that include names and trade names of other businesses, organizations or individuals.
(8) Access another user or person’s Account without the permission of the user or person associated with the Account.
(9) Use the EduBlocks Services to violate the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering personal data of others (including Account names or information) from the EduBlocks Services.
(10) Use the EduBlocks Services to stalk, harass, or post direct, specific threats of violence against others.
(11) Use the EduBlocks Services for any illegal purpose, or in violation of any applicable laws (including without limitation data, privacy, and export control laws).
(12) Access or search any part of the EduBlocks Services by any means other than our publicly supported interfaces (for example, “scraping”).
(13) Use meta tags or any other “hidden text” including EduBlocks’ or our suppliers’ product names or trademarks.
(14) Use the EduBlocks Services for the purpose of providing alerts on disaster scenarios or any other situations directly related to health or safety, including but not limited to acts of terrorism, natural disasters, or emergency response.
(15) Use the EduBlocks Services to generate or send unsolicited communications, advertising, chain letters, or spam.
(16) Solicit EduBlocks Service users for commercial purposes.
(17) Disparage EduBlocks or our partners, vendors, or affiliates.
(18) Promote or advertise products or services other than Your own without appropriate authorization.
b. Inappropriate Content. You are not permitted to post, upload, share, submit, or otherwise provide Customer Content that:
(1) Infringes EduBlocks’s or a third party’s Intellectual Property Rights or other rights.
(2) You don’t have the right to post, upload, share, submit, or provide.
(3) Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we may remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful.
(4) Encourages illegal or tortious conduct or that is otherwise inappropriate.
(5) Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition.
(6) Contains viruses, bots, worms, scripting exploits, or other similar materials.
(7) Is intended to be inflammatory.
(8) Could otherwise cause damage to EduBlocks or any third party.
c. Classroom Users. You are responsible for the actions of Classroom Users you invite or allow to use the EduBlocks Services, including for any actions they take that violate the Terms.
5. Ownership & Intellectual Property
You own your information, and EduBlocks owns its information.
a. Ownership and Reservation of Rights. As between You and EduBlocks, EduBlocks retains all right, title and interest in and to the EduBlocks Services, and any and all Intellectual Property Rights in the EduBlocks Services. EduBlocks reserves all rights not expressly granted in these Terms.
b. Customer Content. Your Customer Content remains your own and nothing in these Terms transfers Intellectual Property Rights in Your Customer Content to EduBlocks.
c. Feedback. You have no obligation to provide EduBlocks with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to EduBlocks, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty, or restriction based on Intellectual Property Rights or otherwise.
6. Confidential Information
What is confidential stays confidential; When you can share confidential information.
a. Confidential Information. In connection with these Terms and the EduBlocks Services, each Party (“Discloser”) may disclose to the other Party (“Recipient”), non-public business, product, and technology information, including without limitation, know-how, software and any other non-public information that is either identified as such or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). For the avoidance of doubt, the EduBlocks Services and their underlying technology, and EduBlocks Content, are regarded as the EduBlocks Confidential Information. Confidential Information does not include information that (i) is or becomes generally available to the public without breach of any obligation owed to the Discloser; (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser; (iii) is received from a third party without breach of any obligation owed to the Discloser; or (iv) was independently developed by the Recipient without any use or reference to the Confidential Information.
b. Confidentiality Obligations. The Recipient will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, Affiliates, service providers and agents, on a need to know basis and who are bound by confidentiality obligations at least as restrictive as those contained herein; and (ii) not use or disclose any Confidential Information to any third party, except as permitted under these Terms and to consultants and advisors to such party, provided that any such disclosure shall be governed by confidentiality obligations at least as restrictive as those contained herein. Notwithstanding the above, Confidential Information may be disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that to the extent legally permissible, the Recipient shall make best efforts to provide prompt written notice of such court order or requirement to the Discloser to enable the Discloser to seek a protective order or otherwise prevent or restrict such disclosure.
7. No Warranty
Your use of the EduBlocks Services is your responsibility. EduBlocks does not provide any guarantees or warranties about your use of the EduBlocks Services.
a. EduBlocks Services Provided “AS-IS”. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EDUBLOCKS SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR INDEMNITY FOR ANY PROBLEMS OR ISSUES, AND EDUBLOCKS HAS NO LIABILITY RELATING TO YOUR USE OF THE EDUBLOCKS SERVICES. EDUBLOCKS DISCLAIMS ALL WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY THEORY OF LAW OR FROM ANY USAGE IN TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, FITNESS OR A PARTICULAR PURPOSE OR OTHERWISE.
8. Indemnification
You cover EduBlocks if your actions cause legal trouble.
a. Indemnification by You. You shall defend EduBlocks against any claim, demand, suit, or proceeding made or brought against EduBlocks by a third party alleging that Customer Content, or Your or Classroom Users’ use of the EduBlocks Services: (i) infringes or misappropriates the Intellectual Property Rights of a third party; (ii) violates applicable law; or (iii) violates requirements in these Terms; ((i)-(iii) are collectively a “Claim Against EduBlocks”). You shall indemnify EduBlocks for any damages, attorney fees, and costs finally awarded against EduBlocks as a result of, or for any amounts paid by EduBlocks under a settlement of, a Claim Against EduBlocks; provided that EduBlocks: (i) promptly gives You written notice of the Claim Against EduBlocks; (ii) gives You sole control of the defense and settlement of the Claim Against EduBlocks; and (iii) provides You all reasonably requested assistance, at Your expense.
9. Limitation of Liability
Caps how much you or EduBlocks can be held responsible for damages.
a. Limitation of Liability. In no event shall EduBlocks or its Affiliates be liable for indirect, incidental, exemplary, punitive, special or consequential damages; or lost profits, even where EduBlocks knows or should have known of the likelihood of such damages. Except for indemnification obligations under Section 8.a, or for violations of EduBlocks’s Intellectual Property Rights, the maximum aggregate liability of each party under these Terms shall be the lesser of: (i) $50; or (ii) twelve times the total fees paid by You for the EduBlocks Services in the twelve months immediately prior to a claim. This limitation of liability applies whether the claims are in warranty, contract, tort (including negligence), infringement, or otherwise, even if either party has been advised of the possibility of such damages. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law.
10. Termination & Suspension
What happens when this agreement ends.
a. Termination. EduBlocks may immediately terminate these Terms and Your access to the EduBlocks Services if: (i) it reasonably believes that you have breached these Terms; (ii) it reasonably determines that your continued use of the EduBlocks Services will result in substantial liability to EduBlocks; or (iii) it decides to change or stop offering the EduBlocks Services. You may terminate these Terms with respect to You by: ceasing all use of the EduBlocks Services by You (and Your Classroom Users if applicable); and providing written notice to EduBlocks.
b. Effect of Termination. Upon termination of the Terms, You must stop using the EduBlocks Services.
c. Your Customer Content After Termination. Upon termination, EduBlocks may delete your Customer Content, except where we retain it for legal purposes or to protect our legitimate business interests.
d. Survival. Sections 3, 4, 5, 6, 7, 8, and 9 of the Terms shall survive termination or expiration of these Terms.
11. Export Control
Compliance with export laws and sanctions.
a. Export Control—General. The EduBlocks Services are subject to U.S. and local export control and sanctions laws. You must comply with all domestic and international export laws and regulations that apply to Your use of the EduBlocks Services, which include restrictions on destinations, end users, and end use. You acknowledge and agree to the applicability of and Your compliance with those laws, and You will not receive, use, transfer, export or re-export any part of the EduBlocks Services in a way that would cause EduBlocks to violate those laws. You also agree to obtain any required licenses or authorizations. Without limiting the foregoing, You may not use the EduBlocks Services if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or (2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
12. General Provisions
General legal aspects of these Terms.
a. Entire Agreement. These Terms are the complete agreement between the Parties regarding the subject matter of these Terms and supersedes all prior or contemporaneous communications, understandings or agreements (whether written or oral).
b. Modifications to the Terms. EduBlocks may update or change these Terms or any of its components at its sole discretion and provide reasonable notice of the changes. Changes to the Terms will apply after the date of the posted changes.
c. Third Party Beneficiaries. No right or cause of action is granted to any third party to these Terms.
d. Assignment. EduBlocks may assign these Terms to (a) an Affiliate; or (b) a successor or acquirer pursuant to a merger or sale of all or substantially all of its assets at any time and without written notice. You may not assign these Terms or any of Your obligations hereunder to any other party.
e. Compliance with Laws. Each party will comply with all laws and regulations applicable to their respective obligations under these Terms.
f. Governing Law and Venue. THESE TERMS, AND ANY DISPUTES ARISING FROM THEM, WILL BE GOVERNED EXCLUSIVELY BY THE GOVERNING LAW OF TEXAS AND WITHOUT REGARD TO CONFLICTS OF LAWS RULES OR THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EACH PARTY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF COURTS LOCATED WITHIN THE STATE OF TEXAS. EACH PARTY DOES HEREBY WAIVE HIS/HER/ITS RIGHT TO A TRIAL BY JURY, TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING OR TO NAME UNNAMED MEMBERS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDINGS.
g. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
h. Notices. Except as otherwise specified in the Terms, any notice delivered to EduBlocks under these Terms will be delivered in writing and shall be deemed to have been given upon receipt after mailing or delivery to both EduBlocks, Inc., Attn: Legal at 1108 Lavaca Street, Suite 110-645 Austin, TX 78701 Attention: Legal and [email protected]. All notices to You shall be provided via the EduBlocks Services or to any contact information we have on file for You.
i. Publicity. Except as provided by a separate mutual written agreement, neither party will use the logo, name or trademarks of the other party or refer to the other party in any form of publicity or press release without such party’s prior written approval.
j. Force Majeure. Except for payment obligations, neither party will be responsible for failure to perform its obligations due to an event or circumstances beyond its reasonable control.
k. No Waiver; Severability. Failure by either party to enforce any right under these Terms will not waive that right. If any portion of these Terms are not enforceable, it will not affect any other terms.
13. Definitions
Important terms used in these Terms.
a. “Affiliate” means any corporation or legal entity that directly or indirectly controls, or is controlled by, or is under common control with the relevant party, where “control” means to: (i) own more than 50% of the relevant party; or (ii) be able to direct the affairs of the relevant party through any lawful means (e.g., a contract that allows control).
b. “Account” means the account EduBlocks provides You or allows You or Classroom Users to register for as part of the EduBlocks Services.
c. “Anonymized Data” means any Personal Data that has been irreversibly anonymized or de-identified so that the Data Subject to whom it originally related cannot be identified, directly or indirectly, in accordance with applicable Data Protection Laws.
d. “Classroom Users” means students or other individuals invited by Entity Users to use EduBlocks Services in connection with EduBlocks Classrooms.
e. “Customer Content” means any text, images, personal information, or any other data that is uploaded, submitted, transmitted, or otherwise made available to or through the EduBlocks Services by You or any Classroom Users. For the avoidance of doubt, Anonymized Data is not regarded as Customer Content.
f. “Data Protection Laws” means all laws, regulations, and legally binding requirements of any governmental authority or regulator applicable to the processing of Personal Data in connection with the EduBlocks Services.
g. “EduBlocks Classrooms” means classrooms and other spaces set up by Entity Users within the EduBlocks Services.
h. “EduBlocks Content” means software, code, metadata, tools, libraries, scripts, APIs, software development kits (SDKs), templates, algorithms, workflows, user interfaces, links, usage materials, technical specifications, and documentation created by EduBlocks.
i. “Entity Users” means schools, entities, and teachers and individuals acting on behalf of schools and entities.
j. “Intellectual Property Rights” means any and all now known or hereafter existing worldwide: (i) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (ii) trademark or service mark rights; (iii) rights in Confidential Information, as defined in Section 6; (iv) patents, patent rights, and industrial property rights; (v) layout design rights, design rights, and other proprietary rights of every kind and nature other than trade dress, and similar rights; and (vi) all registrations, applications, renewals, extensions, or reissues of the foregoing.
k. “Personal Data” is as defined in the Privacy Notice.
l. “Sensitive Data” means any information that is defined as sensitive personal information or special categories of data under applicable Data Protection Laws.
m. “Usage Data” means data related to the performance, operation, and use of the EduBlocks Services, including but not limited to statistical, performance, technical, and diagnostic information. EduBlocks may collect, analyze, and use Usage Data to improve, optimize, and enhance the EduBlocks Services, develop new features, ensure security, and maintain system integrity. For the avoidance of doubt, Usage Data does not include any personal data, Customer Content, or Customer Confidential Information.