CoSpaces Edu’s Terms of Use

Last updated: May 24, 2018

Welcome to CoSpaces Edu!

CoSpaces Edu’s mission is to create an environment where students can excel and be their best. To accomplish this goal, it is essential that CoSpaces Edu provides a safe place for students’ creations and that teachers are in complete control over how that information is shared.

These Terms of Use govern your use of our websites at cospaces.io/edu, the CoSpaces Edu Application (edu.cospaces.io) and the CoSpaces Edu Mobile Applications (collectively “the CoSpaces Edu Service”, “the Service” or “CoSpaces Edu”). CoSpaces Edu is owned and operated by DelighteX GmbH (“Delightex”).

By creating an account on CoSpaces Edu, you agree to be bound by our Terms of Use (our “Terms”). If you don’t agree, please don’t use CoSpaces Edu. These Terms include a Binding Arbitration clause.

COSPACES EDU IS INTENDED FOR THE USE IN SCHOOLS ONLY. IF YOU ARE NOT A SCHOOL OR IF YOU INTEND TO USE THE SERVICE IN CONJUNCTION WITH OR AS PART OF A PAID SERVICE OR PRODUCT, FOR THE PURPOSE OF MARKETING YOUR OWN OR SOMEONE ELSE’S PRODUCTS OR SERVICES OR OTHERWISE IN CONJUNCTION WITH A COMMERCIAL EVENT SUCH AS A WORKSHOP, ONLINE COURSES OR BROADCASTED EVENTS, YOU MUST ENTER INTO A SEPARATE AGREEMENT WITH DELIGHTEX.

    COSPACES EDU IS COPPA, FERPA AND GDPR COMPLIANT

    Data collected by CoSpaces Edu may include personally identifiable information from education records that are subject to FERPA ("FERPA Records"). To the extent that Student Data includes FERPA Records, CoSpaces Edu will be considered a "School Official" (as that term is used in FERPA and its implementing regulations) under the direct control of the school with regard to the use and maintenance of the FERPA Records and will comply with FERPA.

    CoSpaces Edu only collects personal information through the Services from a child under age 16 where their school, district, and/or teacher has agreed (via the terms described in more detail below) to obtain parental consent to use the Services and disclose personal information to us for the use and benefit of the learning environment.

    If you are aware that CoSpaces Edu is collecting information from a student under age 16 without parental consent, please contact us immediately at info@delightex.com and we will delete the data.

      CREATING TEACHER ACCOUNTS

      Only teachers or school administrators can create a teacher account on CoSpaces Edu. Creating a teacher account is only allowed to users who are of the age 16 or older.

        CREATING CLASSES

        Only teachers or school administrators can create a class on CoSpaces Edu. Once the class is created, teachers can authorize student participants and additional faculty with appropriate permissions to create, edit, upload, view, and share work.

        Teachers and schools agree to obtain written consent from parents of students under the age 16 prior to their students creating accounts on CoSpaces Edu, or alternatively agree that they are acting as the parent's agent and providing consent to use CoSpaces Edu solely in the educational context (as provided in www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions#Schools). You should consult with your school or school district to ensure that you obtain proper consent to use CoSpaces Edu in the classroom.

        When you create a CoSpaces Edu class, you agree that:

        • Any students you add to your class are current students in your class.
        • Any additional teachers you add to your class are authorized by your school to access student creations.
        • You will use CoSpaces Edu only for lawful purposes and abide by applicable law and school and school district policies in your use of CoSpaces Edu.
        • You will treat CoSpaces Edu as an extension of the classroom and take reasonable steps to confirm that students are using CoSpaces Edu appropriately.
        • You will take reasonable measures to protect access to information contained in student creations.
        • You will only invite parents, guardians, and other trusted adults to view student creations.
        • You will protect your class invite code so that access to student creations and class creations is limited only to students and other trusted faculty members.

        CREATING STUDENT ACCOUNTS

        Students under the age 16 may use CoSpaces Edu only if their parent or legal guardian has given permission to their teacher or school. You agree to use CoSpaces Edu only if you have been given an Invite Code or have otherwise been invited to use CoSpaces Edu by your teacher.

        CoSpaces Edu is an extension of the classroom. You agree to use CoSpaces Edu in a manner that is appropriate to the classroom. You may not violate the policies of your school or school district in your use of CoSpaces Edu.

          COSPACES EDU PLANS

          CoSpaces Edu services are available as paid or free services (“Plans”) and you agree to abide by the terms applicable to the Plans that you have signed up for:

          • CoSpaces Edu Basic:
            The CoSpaces Edu Basic Plan (“Basic Plan”) does not require payment and allows one teacher to use the Basic Plan with up to 29 students. The teacher can create one class and one assignment with limited assets and features available to him or her. If the teacher was using CoSpaces Edu Pro before, he or she will have view-only access to spaces that were created during the usage of CoSpaces Edu Pro.
          • CoSpaces Edu Pro:
            The CoSpaces Edu Pro Plan (“Pro Plan”) requires payment before you can access it. If you have activated your Pro Plan, you may get access to features that are not available through the Basic Plan. You can learn more about CoSpaces Edu Plans by visiting https://cospaces.io/edu/plans.html.
            The Pro Plan can be purchased and is pre-paid directly from the CoSpaces Edu website or through a separate agreement with Delightex.
            The Pro Plan can be purchased with a set amount of seats and a specific expiration date. There may be limitations to the amount of seats and expiration date set for a Pro Plan.
            In order to use the Pro Plan, you will be given an activation key that can be input in the account settings inside the Service (“Active Pro Plan”).
            It is also possible to add more seats to an Active Pro Plan or to extend it.
            On the expiration date the Pro Plan becomes inactive. You may choose to renew it or downgrade to the Basic Plan. If you choose to renew it you may change the amount of seats and will get a new expiration date.

          PRE-PAID OFFERS

          If you have received a code or other offer provided or sold by or on behalf of Delightex for access to CoSpaces Edu Pro (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.

            TRIALS

            We may, at our own sole discretion, offer trials of CoSpaces Edu Pro for a specified period without payment or at a discounted rate (“Trial”). We reserve the right to revoke the Trial and put your account on hold in the event that we determine that you are not eligible.

              PAYMENTS

              CoSpaces Edu Pro can be purchased directly from the CoSpaces Edu website or through a separate agreement with Delightex.

              Delightex may change the price for CoSpaces Edu Pro from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes.

                DELETING A TEACHER ACCOUNT

                Teachers can delete their CoSpaces Edu accounts under the account settings. Students may only delete their accounts through any teacher who sent them a CoSpaces Edu invite code or a school administrator. If you’re a parent of a student who has a CoSpaces Edu account and would like this account to be deleted you may contact Delightex directly at info@delightex.com.

                  PRIVACY

                  CoSpaces Edu takes your privacy seriously. To learn more about how CoSpaces Edu collects, stores, uses, shares, and protects your personal information, please review our Privacy Policy at https://cospaces.io/edu/privacy-policy.html.

                    YOUR INTELLECTUAL PROPERTY

                    We don’t own the content you provide – students and their schools own all Student Data added to CoSpaces Edu.

                    However, in order to provide our Services, we need certain limited rights to your content. For example, when you upload your content, we need the rights to store it and serve it back to you. Therefore you grant CoSpaces Edu the right to use, publish, transmit, display, copy, process, adapt, modify, and distribute your content only how you specify within the context of the CoSpaces Edu service.

                      COSPACES EDU’S INTELLECTUAL PROPERTY

                      CoSpaces Edu is protected by copyright, trademark, and other intellectual property laws. Delightex grants you a limited, non-exclusive, non-transferable license to view, copy, and display CoSpaces Edu solely in connection with your permitted use of CoSpaces Edu. Any rights not expressly granted here are reserved.

                      Unauthorized use of CoSpaces Edu’s logos, trademarks, copyrights, domain names, or other distinctive brand features is prohibited.

                        PROHIBITED ACTIVITIES

                        All users agree that they will refrain from the following prohibited activities when using CoSpaces Edu.

                        • Don’t use CoSpaces Edu in a manner that violates any applicable laws, regulations, ordinances, or directives.
                        • Don’t use CoSpaces Edu in any manner that would be inappropriate for the classroom or violates applicable school or school district policies.
                        • Don’t use CoSpaces Edu to lie or mislead other users.
                        • Don’t use CoSpaces Edu to distribute unsolicited or unauthorized unsolicited communications, promotions, advertisements or spam.
                        • Don’t use CoSpaces Edu to do anything threatening, abusive, harassing, defamatory, tortious, obscene, profane, or invasive of another person’s privacy.
                        • Don’t do anything that interferes with the proper functioning of any software, hardware, or equipment that belongs to CoSpaces Edu or anyone else.
                        • Don’t impersonate CoSpaces Edu or our users on CoSpaces Edu or elsewhere.
                        • Don’t interfere with anyone’s use or enjoyment of CoSpaces Edu.
                        • Don’t use personal information about other users, including students, without consent or as forbidden by applicable law or regulation.

                        ACCOUNT USAGE

                        The use of CoSpaces Edu requires a CoSpaces Edu account and password. It is not permitted for any reason whatsoever to provide your password to any other person or using any other person’s username and password. CoSpaces Edu allows a maximum of 2 computer devices and a maximum of 2 mobile devices to be logged into the same account simultaneously.

                          ACCOUNT SUSPENSION AND TERMINATION

                          CoSpaces Edu reserves the right to suspend or terminate accounts associated with users who engage in any of the prohibited activities described above or in any manner that otherwise violates our Terms or other policies. In addition, CoSpaces Edu reserves the right to terminate any account at any time for any reason without notice to you.

                            ACCOUNT TRANSFER

                            If you’ve signed up as a teacher with a school provided email address, and your school later signs up for a CoSpaces Edu school account, we may transfer your account to be under the management and control of your school. To protect student data, in certain limited circumstances (such as when a teacher leaves a school) we may transfer a class to a different teacher if we receive a properly authorized request from the relevant school.

                              ABANDONED ACCOUNTS

                              CoSpaces Edu reserves the right to terminate accounts that have not been accessed by the teacher or school associated with the account for a period of more than one year. Prior to terminating an abandoned account, CoSpaces Edu will notify the teacher or school associated with the account by email.

                                SECURITY

                                We use industry best practices to collect, store, and transmit your data securely. This includes data centers with stringent physical access control measures, use of HTTPS/SSL to securely transmit data, and routine audits of our security protocols. In the event of a security breach, we will notify affected account holders as required by law so that you can take steps to keep your data safe.

                                  CHANGES TO OUR TERMS

                                  CoSpaces Edu may modify our Terms from time to time. CoSpaces Edu will notify you of any changes to our terms that materially alter your rights or responsibilities by email and by posting a notice to our site. If you as a teacher or school administrator continue to use CoSpaces Edu after you receive such a notice, you agree to be bound by any changes to our Terms.

                                    WARRANTIES AND DISCLAIMERS

                                    Your use of CoSpaces Edu is at your sole risk. CoSpaces Edu and any third-party software, services, or applications made available in connection with CoSpaces Edu are provided "as is", without warranty of any kind. To the maximum extent permitted by applicable law, CoSpaces Edu, and its suppliers and partners, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement or proprietary rights. CoSpaces Edu and its suppliers and partners do not warrant that the functions contained in the CoSpaces Edu service will be uninterrupted or error-free, that defects will be corrected, that the CoSpaces Edu service or the servers that make them available are free of harmful components or that the CoSpaces Edu service will meet your requirements. You are solely responsible for any damage to your equipment or device, loss of use, or loss of data. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

                                      INDEMNITY

                                      You agree to indemnify and hold harmless CoSpaces Edu from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to: (a) your use or misuse of CoSpaces Edu; (b) any violation of the rights of any other person or entity by you, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (c) your breach of any part of our Terms. CoSpaces Edu will give you written notice of any such matter; however, any failure or delay by CoSpaces Edu to do so does not negate your defense or indemnification obligations or waive CoSpaces Edu's rights to seek payment or defense or indemnification from you. CoSpaces Edu 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 CoSpaces Edu in our defense of these claims. You will not settle any claim that affects CoSpaces Edu or our affiliates without our prior written approval.

                                        LIMITATION OF LIABILITY

                                        To the maximum extent permitted by law, CoSpaces Edu will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages, even if CoSpaces Edu has been advised of the possibility of damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill or other intangible losses relating to or resulting from: (a) your access to, use of, or inability to use CoSpaces Edu; (b) any conduct or content of any user or third party on our services; (c) unauthorized access, use, or alterations of your transmissions or content; (d) any information posted on CoSpaces Edu; or (e) CoSpaces Edu’s decision to publish or remove any information on our service.

                                        The limitations of liability set forth in this section will survive any termination or expiration of our Terms, and will apply even if any limited remedy specified in our Terms is found to have failed of its essential purpose.

                                          GOVERNING LAW / JURISDICTION

                                          The Services are controlled by Delightex from our offices located in Munich, Germany. They can be accessed by most countries around the world. As each country has laws that may differ from those of Germany, by accessing our Services, you agree that the statutes and laws of Germany, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Services and the purchase of any products or services through the Services.
                                          Furthermore, any action to enforce these Terms of Use shall be brought in the courts located in Munich, Germany. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

                                            INFORMAL DISPUTE RESOLUTION

                                            We want to address your concerns without needing a formal legal case. Before filing a claim against CoSpaces Edu, you agree to try to resolve the Dispute informally by contacting info@delightex.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or CoSpaces Edu may bring a formal proceeding.

                                              WE BOTH AGREE TO ARBITRATE

                                              You and Delightex agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

                                                NO CLASS ACTIONS

                                                You may only resolve Disputes with Delightex on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

                                                  FEEDBACK

                                                  We welcome your feedback and suggestions about CoSpaces Edu. Please email us at info@delightex.com at any time.

                                                    ENTIRE AGREEMENT

                                                    These Terms (and any other policies we refer to in this document) make up the entire agreement between you and Delightex and supersede any prior agreement. If any part of these Terms are found to be unenforceable by a court or arbitrator, the remaining parts will remain in full force and effect. If CoSpaces Edu fails to enforce any part of these Terms, such a failure does not constitute a waiver.

                                                      CONTACT INFORMATION

                                                      DelighteX GmbH
                                                      Elsenheimerstr. 45
                                                      80687 Munich, Germany
                                                      info@delightex.com