The following are the terms of service (“Terms of Service”) that define the relationship between Edaptio ApS (doing business as Edaptio (“Company”, “Edaptio”, “MatematikTutor”, “MathHero”, "Bookzy", “we”, or “us”)) and you, and govern your use of Edaptio’s services. Edaptio is a product by Edaptio, and the agreement to use the Edaptio product is with Edaptio.

Agreeing to our Terms

Thank you for considering Edaptio, which owns and operates the services offered on edaptio.com (the "Edaptio Website") and any related applications (the "Edaptio Products") or goods and services that Company may provide in the future (collectively, the "Service"). You must also adhere to the Edaptio Privacy Policy and any posted rules, regulations, or guidelines that apply to specific features of the Edaptio Edaptio Website as may be updated from time to time (the "Guidelines''). The Terms of Service, including any other Guidelines and future changes (collectively, the "Agreement") govern your use of the Service and are a legal agreement between you and Edaptio. If there is a contradiction between the Terms of Service and any of the aforementioned guidelines, the latter will take precedence to the extent of an inconsistency. If you create an account on, or otherwise access or use the Edaptio Service, you acknowledge that you have read and agree to be bound by this Agreement. If you're using the Service on behalf of an organisation that has a formal agreement with Edaptio, those terms will apply to your use of the Service. If a student's school or instructor decides to use a shared device (or any other devices) for class, the institution is responsible for obtaining any needed parental permission under COPPA to establish the account on behalf of the student and allow them access. A school may also want to enable students to create their own account using the teacher-given code. We ask students to create an Edaptio account as part of the registration process. We need their name, email address, password, and the unique code or link given to them by their instructor to access the class. They will later use the email address and password to access their account instead of the given code. The teacher has previously secured any required parental consent before inviting the students via the Class Code, in line with COPPA standards. You represent that you have the power to bind a corporation or other legal entity to these terms and conditions if you are signing this Agreement on behalf of such a company or other legal entity, in which case the words “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 should not use the Service.

Using the Service

Permission to use Edaptio

You may access and use the Service that you choose through the proper registration procedure as long as you are in compliance with all of the terms and conditions of this Agreement. The Service is for your personal, noncommercial usage only.

Restrictions

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 “Edaptio Technology” and “Acceptable Use and Conduct” sections.

Your data and Content

Ownership

You and other users may provide or post content or information through the Service (including, but not limited to, photographs, videos, music, messages sent between students and teachers, and comments), which could be used by Edaptio in connection with the Service and seen by certain other users (collectively "User Content"). Please see our Privacy Statement for further information on the types of data that different kinds of users are able to submit. Some User Content may also be considered an Education Record (as defined below). You retain all proprietary rights to any User Content. Edaptio does not claim ownership of the User Content. Please keep in mind that while you own your User Content, any template or layout in which you arrange or organise them through tools and capabilities available via our Service are not yours - such templates or layouts will reside with us.

License

You hereby grant to Edaptio a worldwide, non-exclusive, limited-time, transferable (only to a successor), and sub-licensable (as needed to perform the Service) license in order for us to provide the Service 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 content 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 content 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 content (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 Edaptio Privacy Policy. Edaptio will only share and use your personal information in accordance with Edaptio's current Privacy Policy. Unless your material has been shared with others and they have not deleted it, the license in (i) above will terminate when you delete any User Content that includes intellectual property rights (such as photos or videos) (IP content). You or your Institution (as defined below) may delete an Education Record, remove personal information, or close your account. When you erase IP material, Education Records, or personal information from your device, it is removed in the same manner as emptying the recycle or trash bin on a computer. However, you are aware that any removed User Content may be retained in backup copies for a reasonable period of time (but will not be available to others).

Your Responsibilities and Rights

You are solely responsible for verifying that you have all necessary rights in the User Content, including the permissions required for you to grant us the aforementioned licenses to the User Content. You are responsible for ensuring that your User Content meets the “Acceptable Use and Conduct” Section and any other conditions or rules applicable to a particular type of user (e.g., teacher, administrator, or student).You may create links to external websites when you utilise User Content. You must confirm the quality and substance of each external link if you opt to create links to other websites. You are solely responsible for any links you create to external websites. Edaptio is not liable or responsible in any way, shape, or form should you establish links with other websites. The person who posted or transmitted the information is responsible for it, and we will not be held responsible for any incorrect or omitted material on the Service. Any information you submit to Edaptio may be used by other users, and we cannot guarantee that any other people with whom you interact via the Service are who they say they are. You understand that all material you access through the Service is at your own risk, and you will be solely responsible for any damage or loss to anyone resulting therefrom. You agree that Edaptio and its affiliates/users (such as teachers) have the right, but not the obligation, to pre-screen, filter, delete, refuse to accept, post, display or transmit any User Content on or through the Service at any time for any reason or no reason with or without notice and without liability of any kind Additionally, we do not promise to publish any of your User Content and reserve the right to remove such material from the Service at anytime for any reason, including if we receive a notice alleging that a User Content infringes someone's intellectual property rights.

Analysing User Content

Your User Content (including emails) is analysed by our automated systems to provide you with tailored product features, such as personalised search results, and for spam and malware detection. As an example we might determine which content to show you based on what you teach. This happens as soon as the material is sent, received, and when it is kept. We will never use student information for ad targeting. The following shall not be interpreted as: (i) Prohibit Edaptio from marketing or advertising to teacher directly, as long as the promotion or advertisement did not stem from the usage of personal data in Educational Records to offer behaviorally-targeted advertisements. (ii) To limit the ability of Edaptio to use Educational Records for adaptive learning or customised student learning purposes.

General feedback

We are always grateful for your comments or other ideas about Edaptio, but you understand that we may utilise the feedback or suggestions without owing you anything.

Privacy and Security

We value your privacy, and we take great pains to limit what we gather and how we use it while also allowing you to understand our policies. Please review our Privacy Policy to understand how we handle your personal data and safeguard your privacy when you utilise our Service. Please see our Privacy Policy for more information on how we handle your personal data: 1) By which a student, parent, or legal guardian of a student may look at, access, or delete their personal information. 2) By which the Institution may access and delete Educational Records. Please also note our Privacy Policy for further details on the administrative, technical, and physical safeguards we use to safeguard your personal information. You agree that Edaptio may utilise such data in accordance with our Privacy Policy if you use our Service. We will not reduce your rights under the Privacy Policy without your express permission.

Further terms by type of User

Students: If you are a student who has been invited to use the Service by a teacher or other school official, the following terms apply to you. Only students who have been invited or given access to the Service by their instructor, school, or district may use it. You may not use or access the Service unless you are invited or given access to the Service by an authorised person: (i) A teacher, institution or company, who is authorised to give you access to the Service (including creating your student account on your behalf or giving you a unique code to allow you to set up your own account). Data Provided to Edaptio: We only request basic personal information from students in order to utilise the Service. If you want to use Edaptio as a student, you'll need to get your instructor to establish the account for you at school (The teacher must first notify Edaptio that they have received all necessary parental consent before the training will be offered) or receive a unique code from your teacher to create your own user with an email and password. If you're a student, please do not share personal information about yourself with us other than what we ask for when using the Service or as directed by your teacher, school, or employer. Consent: The Children's Online Privacy Protection Act (COPPA) prohibits internet service providers from obtaining personal information from youngsters under the age of 13 without verifiable parental consent or notification, as required (Consent). When a student's instructor, school, or district creates his or her account or otherwise enables students to use Edaptio from school, consent is obtained (“School Consent”). A link exists between student accounts (or access to a student account) created for the student by the teacher in class, or the student himself, and those established for the school by the parent. Minors under the age of 13 are not permitted to access the Service without expressed permission. Teachers and school leaders: The following terms apply to you if you are a teacher, school leader, helper, or other similar person (“School Personnel”) who accesses the Service on behalf of a school, school district, or other educational institution (the "Institution"). Permissions and Authority: You represent and warrant that you are acting on behalf of your institution to enter into this Agreement and to utilize the Service as part of your curriculum. Employees of the institution may use the Service on behalf of the Institution only if they are current employees. The School Personnel is responsible for obtaining any necessary permission from their school's authorities and administrators before utilising the Service.Following the termination of a School Personnel or other staff member's employment with the Institution, such individual must return and cease utilizing all login credentials and student access he or she has in his or her possession. You must immediately notify Edaptio at privacy@edaptio.com if you discover a user of the Service to be associated with your institution who is not, in fact, affiliated with it. Students under the age of 13: You understand that COPPA restricts internet service providers from obtaining personal information from kids under the age of 13 without permission, and you agree that we will not allow kids under the age of 13 to utilize particular features of the Service unless you obtain School Consent in situations where you set up the child's student account on their behalf. We will not provide access to student accounts to youngsters under the age of 13 if we are unable to acquire consent or learn that you have not previously received school consent. You agree not to create a student account on behalf of a minor until you have received School Consent. School Consent. You acknowledge and agree that you are solely responsible (and hereby agree that Edaptio is not responsible) for the following when School Consent is necessary to enable children under the age of 13 to use the Service: 1) All required notifications to parents under COPPA are given. 2) Permission required under the Children's Online Privacy Protection Act (COPPA) 3) Providing a mechanism for a parent to see any personal data gathered through the Service and refuse to allow it to be used further as required by COPPA. The requirements of this policy apply to all users, including those from outside of the school who have received valid Consent forms from School Personnel and who are in compliance with all parental requests for the collection, use, and disclosure of their children's information. The institution or school personnel is responsible for delivering parental consent forms to parents of potential student users, confirming receipt of valid consents before granting access to the Service, and keeping such documents on file. If a parent user does not agree or withdraws his or her permission for the School, School Staff, or Institution to access their child's data and information, Edaptio shall stop providing service to that student and ensure that his or her information is no longer available through the Services. For more information on School Consent, please see our Frequently Asked Questions. Edaptio will not be held responsible for School personnel's failure to contact their school's authorities, instructors, or administrators, or for failing to obtain necessary School Permission.

FERPA

Edaptio understands that it is important that our partner schools comply with the Family Education Rights and Privacy Act (“FERPA”) and related regulations. Under FERPA, certain information that may be provided to Edaptio by School Personnel and kept by an Institution is considered an education record (“Education Record”). Certain data, supplied to Company by School Staff regarding a student, such as the student's name and grade level, may be regarded as 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 the parent's and/or eligible student's written consent, or without meeting one of the FERPA Exemption(s), including the Directory Information Exemption (“Directory Information Exemption”). You represent, promise, and covenant to Edaptio that your school has the following: (i) The Institution complied with the Directory Information Exemption, including, but not limited to, informing parents and eligible students what information the Institution considers to be directory information and may be shared, and allowing parents and eligible students a reasonable amount of time to request that schools not disclose 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 Edaptio; 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 Edaptio from any student or parent that has opted out of the disclosure of Directory Information. Edaptio 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 Edaptio. Edaptio 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. Edaptio will never share PII contained in Education Records with third parties except (i) as directed by a Edaptio 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 in our privacy policy. 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 Edaptio 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 Edaptio 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 Edaptio to use student information or Educational Records for adaptive learning or customised student learning purposes. Edaptio 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. Edaptio 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), Edaptio will abide to the following: Student records obtained by Edaptio from an educational institution continue to be the property of and under the control of the educational institution. The educational institution retains full ownership rights to the personal information and education records it provides to Edaptio. Edaptio users may retain possession and control of their own generated content. Edaptio will not use any information in a student record for any purpose other than those required or specifically permitted by the Edaptio Terms and Conditions and Privacy Policy. Parents, legal guardians, or eligible students may review personally identifiable information in the student’s records and correct erroneous information by contacting their educational institution. Additionally, Edaptio users may access, correct, update, or delete personal information in their profile by signing into Edaptio, accessing their Edaptio account, and making the appropriate changes. Edaptio is committed to maintaining the security and confidentiality of student records. Towards this end, we take the following actions: we limit employee access to student data to only those employees with a need to such access to fulfill their job responsibilities; we conduct regular employee privacy and data security training and education; and We protect personal information with technical, contractual, administrative, and physical security safeguards in order to protect against unauthorised access, release or use. In the event of an unauthorised disclosure of a student’s records, Edaptio will promptly notify Users unless specifically directed not to provide such notification by law enforcement officials. Notification shall identify: the date and nature of the unauthorised use or disclosure; the Private Data used or disclosed; general description of what occurred including who made the unauthorised use or received the unauthorised disclosure; what Edaptio has done or shall do to mitigate any effect of the unauthorised use or disclosure; what corrective action Edaptio has taken or shall take to prevent future similar unauthorised use or disclosure; and who at Edaptio the User can contact. Edaptio will keep the User fully informed until the incident is resolved. Edaptio will delete or de-identify personal information when it is no longer needed, upon expiration or termination of our agreement with an educational institution with any deletion or de-identification to be completed according to the terms of our agreement with the educational institution, or at the direction or request of the educational institution. Edaptio agrees to work with educational institutions to ensure compliance with FERPA and the Parties will ensure compliance by providing parents, legal guardians or eligible students with the ability to inspect and review student records and to correct any inaccuracies therein as described above. Edaptio prohibits using personally identifiable information in student records to engage in targeted advertising. Edaptio will not make material changes to our Terms of Use or Privacy Policy, including making significant changes impacting the collection, use, disclosure or retention of data collected without prior notice to the educational User.

Edaptio Technology

The Service and the Edaptio Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with this Agreement. “Edaptio Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including Edaptio 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 Edaptio Marks. “Edaptio Marks'” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Edaptio. Edaptio 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 Edaptio Technology. You agree that, as between you and Edaptio, all the intellectual property rights in the Edaptio Service and Edaptio Technology, which does not include User Content (as defined above), are owned by Edaptio or its licensors. These terms do not grant you the right to use any Edaptio 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 Edaptio 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 Edaptio Technology. You will not access the Service to build a product using similar ideas, features, functions, interface or graphics of the Service. Unless you get permission from its owner or are otherwise permitted by law, you may not utilise content from our Services, including User Content. Don't remove, obscure, or modify any copyright or other legal notices displayed in or along with our Services.

Social media

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 Edaptio 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 use such capabilities, you are giving Company permission to access and utilise your Linked Account for the purpose of processing your requests. The terms of the relevant third-party providers will apply to your use of Linked Accounts.

Third-party Applications and Integrations

You are solely responsible for your interactions with other third-party applications, such as YouTube videos (“Third-Party Applications”), whether they're integrated directly with our Service through APIs for your convenience. Use of any Third-Party Applications is solely at your own risk, and you are solely responsible for the selection and any transfer or downloading of any User Content, as well as any other data or content stored on the Edaptio Service. By installing or using any Edaptio Services, you expressly acknowledge and agree that Edaptio is not responsible for any disclosure, modification or deletion of your data, or the use of your data by Third-Party Applications. You agree and acknowledge that in order for certain Third-Party Applications to operate, you will be required to establish accounts on other websites under your name (“User Third-Party Accounts'') for such services. The Third-Party Application requires you to set up such User Third-Party Accounts directly with the Third-Party Application. The User Third-Party Accounts must be used in accordance with the terms of use, agreements, policies, rules, guidelines, and privacy policies of such websites (“Third-Party Application Terms''). You agree that you are solely responsible for complying with such Third-Party Application Terms. You hereby authorise and grant Edaptio a right to use any names, passwords, API keys or other keys (“Third-Party Application Account Keys") only as necessary to provide the Service to Members. It is your responsibility to secure all necessary permissions, including any additional photos / videos / music, as needed to grant us the license set forth in "Your data and Content" Section if you use any Third-Party Applications, including without limitation, to develop or link or integrate any videos or other material (“Third-Party Application Created Content''). You are solely responsible for all Third-Party Application Created Content, as well as ensuring that such Third-Party Application Created Content meets all of the requirements and limitations set forth in this Agreement, including those in the "Your data and content" section. You agree that any Third-Party Application Created Content is subject to any other disclaimers and rights of Edaptio with respect to such content as set forth in this Agreement, including the "Your data and Content" Section. You represent and warrant that you: (i) must follow all applicable Third-Party Application Terms, including any provisions regarding the indirect or direct transfer of User Content or other data to third parties. (ii) must follow any and all procedures and standards established (or that may be established) by Edaptio for Third-Party Applications.

Payment and Renewal

General Terms

In addition to our Free account, we offer paid accounts and services. The Website offers every paid account as an "Upgrade." You agree to pay Edaptio the monthly or annual subscription costs indicated for that service if you pick an Upgrade. Payments will be charged on a post-usage basis the day you join up for an Upgrade and will cover the usage of that service for a monthly or annual subscription period, as stated.

Automatic Renewal

If you do not notify Edaptio before the end of your subscription term, it will automatically renew unless you cancel an Upgrade. You allow us to charge the then-current monthly or annual subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on file for you. The software upgrade may be canceled at any time in your account page by selecting a lower plan.

Credits

Edaptio credits are currency-less, non-transferable, and non-refundable. They will expire after your account with Edaptio is closed.

Refunds

All transactions are irreversible and non-refundable, including any renewal fees. Refunds are not offered for accounts that are renewed automatically or otherwise. You may cancel your subscription at any time to continue to have access to your paid features on your account through the end of your billing period if you are on a monthly or annual plan.

One-time purchases and Add-on paid features

Purchases made using a credit card or other methods of payment are non-refundable, as are one-time purchases such as paid extras. Please contact Edaptio support immediately if you've made a purchase by mistake or believe you're entitled to a one-time charge refund.

Modification to Agreement

We may update this Agreement or Guidelines to reflect changes in the law or our Services, for example. You should check the Agreement on a regular basis. This Agreement will be revised at any time, and we'll notify you of the changes on this page. The changes will not be retroactive and will only take effect when: (a) You access the Service after you've been notified of the change. (b) 30 days after they are posted (whichever is sooner). However, changes made to a Service for new purposes or those made owing to legal requirements are immediately effective. Your continued use of the Services following notification of any modifications to the Agreement or Guidelines, indicates your acceptance of our updated terms, rules, or guidelines. If you do not accept the revised Terms of Service, you should stop using the Service. By submitting personally identifiable information to Edaptio under these Terms of Service, you are consenting to have it treated in accordance with the privacy policy and data-protection laws, as well as this paragraph.

Your Representations and Warranty

You warrant, represent and agree that you will not provide any User Content or otherwise use the Service in a manner that (i) infringes, violates or misappropriation 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, libellous, or otherwise objectionable; or (iv) jeopardises 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 Content 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 Institutional Consent.

Acceptable Use and Conduct

We make every attempt to keep Edaptio secure, but we can't guarantee it. We need your help to keep Edaptio safe, which includes the following promises from you while using our Service: You may only utilise the Service in accordance with applicable export and re-export restrictions. You will not use the Service to post unauthorised commercial communications (such as spam or advertising). You will not collect users' content or data, nor will you access the Service via automated means (such as harvesting bots, robots, spiders, or scrapers) without express permission from us. On the Service, you will not participate in illegal multi-level marketing such as a pyramid scheme. You will not submit viruses, other harmful software, or programs. You will not collect, request or otherwise obtain login information or access an account that belongs to someone else. You will not collect, use, or disclose other users' data, including personal data, for commercial purposes without their consent or in violation of applicable law or regulations. You will not intimidate, bully, or harass any user or use the Service in a threatening, abusive, violent, or harmful manner to any person or entity, nor will you invade anyone's privacy. Any User Content you submit or approve, whether by yourself or through a third party, and whether posted on your personal Site or other sites linked to the Service, must not infringe upon, misappropriate, or otherwise violate any third-party's intellectual property rights or other proprietary rights, privacy rights, or contractual rights. You shall not post or accept content that: promotes hatred, is discriminatory, menacing, or pornographic; incites violence; or depicts nudity or excessive violence. You may not utilise the Service in a way that is unlawful, deceptive, misleading, illegal, unethical, harmful, or hateful. You may not take any action that would harm, disrupt, or otherwise interfere with the proper functioning of the Service or prevent other users from enjoying it. For example, you may not attack or tamper with the Service's servers. You will not use automated technologies, including bots, robots, crawlers, data mining tools, or any other manner to access the Service or its users' content or data, – except for Internet search engines (e.g., Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved.” You will not use false email addresses, IP addresses, forged headers, or any other modified identifiers to disguise the source of any material transmitted through or via the Service. You may not employ the Service in a commercially unreasonable manner, or in any other way that might harm Edaptio's reputation. You will not impersonate an Edaptio employee, or any other individual, or falsely claim or otherwise misrepresent your association with any other person or entity. You will not utilise the Service in a way that is harmful to children. You will not post or transmit any material on the Service, including User Content, that is classified as child pornography or otherwise runs afoul of anti-child sexual exploitation legislation. Edaptio absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any of your user registration information, to law enforcement, including the National Center for Missing and Exploited Children. Without our prior written permission, you will not copy, modify, or distribute any text, images, or other material or content available through the Service without their consent. You are not to assist or encourage any violations of this Agreement or our policies, including but not limited to, facilitating the unlawful sharing of copyrighted material. Any of the above may lead to your right to access and use the Service being terminated.

Registration and Security

You have the option to pick a username and password or provide additional contact information as part of your obligation to use Service (“Company User ID”). You must provide Company with accurate, complete, and updated Company User ID data. You may not choose or use as a Company User ID a name of another person with the intention of impersonating that individual. You will not submit fraudulent information or create an account for anyone other than yourself without express permission. All registration information you submit is true and correct, as you represent, warrant, and covenant. The Company reserves the right to refuse registration or cancel a Company User ID at its discretion. You must not share your password or class code with anybody, let anyone else access your account, or tell anybody about it. You may not transfer your account to anybody without Company's prior written consent. You agree that Edaptio will not be liable for any direct or indirect damages incurred by you as a result of someone else using your Company User ID, password, or class code, either with or without your knowledge. However, you may be held liable for losses incurred by Edaptio or another party due to someone else using your Company User ID, password, or class code. You expressly agree to: (a) To immediately notify Edaptio of any unauthorised use of your account or any other security breach involving a child's personal information. (b) To guarantee that you log out of your account at the end of each session. You promise, represent, and warranty that every registration information you submit is correct.

Indemnity

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 Content, or (iv) your breach or alleged breach of any interaction, agreement, or policy between you and any other user. Edaptio 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 Edaptio. Edaptio will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Copyright Protection

It is Edaptio's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA“). Edaptio may remove any allegedly infringing content without any liability to you. Edaptio will terminate a User's access to the Service without notice if he or she is a "repeat offender" in respect of copyrights. Edaptio, 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.

Third Parties and User Interactions

Third-party content, including information about third-party products and services, may be provided to you through the Service (“Third-Party Content"). The Service may also include links to third-party websites that are not controlled or owned by the Company, as well as functions that allow you to communicate and interact with other parties (“Third-Party Websites”). On the Service, however, Third-Party Content and links to Third-Party Websites are not endorsed or necessarily authorised by us. 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 Edaptio has no obligation to monitor such Third-Party Content or Third-Party Websites. You assume all responsibility for your interactions with third parties and their websites, as well as any consequences of such activities. These Terms of Service do not apply to your interactions with Third-Party Content and Third-Party Websites, organisations, and/or individuals that you may encounter on or through the Service. Before communicating with anybody else online or offline, you should do whatever research you feel is appropriate. You are aware that the Service may expose you 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. Edaptio 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, as well as any other parties you come into contact with through the Service. We have the right, but no obligation, to get involved in any way with these conflicts. 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.

Term and Termination

This Agreement will continue in full force and effect as long as you use the Service, unless your account is terminated as set forth in this Agreement (“Term”). you can stop using the Service or your account at any moment by emailing privacy@edaptio.com. – You can also cancel your kid's account the same way, but we'll need to verify your identity. 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.

Termination

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: You breach these Terms, You're engaging in behavior that poses a genuine risk of harm or loss to us or other users. We'll give you as much notice as possible via the email address linked to your account so that you can correct the behavior that prompted us to contact you and allow you to export Your Stuff from our Services. If you do not respond to our requests after such notification, we may terminate or suspend your access to the Services. We will not give notice prior to termination where: You’re in material breach of these Terms, Doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or We’re prohibited from doing so by law.

Dispute Resolution

Generally: In order to expedite the settlement of any disputes between you and Company, you and Company agree that any and all disputes arising from these Terms of Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. The advantages of binding arbitration are that it is less expensive and time-consuming than litigation; there are no juries or judges involved; a neutral arbitrator, rather than a judge or jury, makes the decision; and discovery may be restricted in comparison to court procedures. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Service. You agree that, by entering into these Terms of Service, you and Company are each waiving your right to a trial by jury and the opportunity to participate in a class action. Exceptions: Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims. Arbitration: Any arbitration between you and Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Company. Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Company’s address for Notice is: Edaptio ApS, H.C Andersens Boulevard 33, 1553 Copenhagen V, Denmark. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Company shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Company in settlement of the dispute prior to the arbitrator’s award. Fees: In the event that you commence arbitration in accordance with these Terms of Service, the Company will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. No Class Actions: you and company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Enforceability: if only Subsection F of this Section or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in this Section shall govern any action arising out of or related to these Terms of Service.

Miscellaneous

THE FAILURE OF EITHER PARTY TO EXERCISE ANY RIGHT GIVEN HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY OTHER RIGHTS. WHERE COMPANY IS UNABLE TO PERFORM ITS OBLIGATIONS HEREUNDER AS A RESULT OF ANY CAUSE BEYOND ITS REASONABLE CONTROL, IT SHALL NOT BE HELD RESPONSIBLE. IF A PARTICULAR PROVISION OF THIS AGREEMENT IS FOUND TO BE UNENFORCEABLE OR INVALID, THE ENFORCEABILITY OR VALIDITY OF THE REMAINING PROVISIONS WILL NOT BE AFFECTED. TO THE GREATEST EXTENT FEASIBLE, THE UNENFORCEABILITY OR INVALIDITY OF ANY PROVISION WILL BE LIMITED OR ELIMINATED TO THE BARE MINIMUM NECESSITY SO THAT THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. EXCEPT WITH COMPANY'S PRIOR WRITTEN CONSENT, YOU MAY NOT TRANSFER, ASSIGN, OR SUBLICENSE THIS AGREEMENT IN ANY WAY. THIS AGREEMENT AND ITS RIGHTS AND OBLIGATIONS MAY BE TRANSFERRED, ASSIGNED OR DELEGATED WITHOUT LIMITATION BY THE COMPANY. THIS AGREEMENT IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ANY CONFLICT OF LAWS PROVISIONS. 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 THE COMPANY IN ANY RESPECT WHATSOEVER.