Terms of Use

Overview

Your use of this Site constitutes your agreement to all such terms, conditions and notices. By accessing or using this Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you should not access or use this Site.

Eligibility and Age Requirements

Classify Learning is designed for use by educational institutions, teachers, administrators, and students. By using our services, you represent that:

• If you are an individual user, you are at least 18 years old, or you are at least 13 years old and have obtained parental or guardian consent
• If you are using our services on behalf of a school or district, you have the authority to bind that organization to these terms
• Students under 13 may only use our services with appropriate consent obtained by their school or parent/guardian in compliance with COPPA

Modification of Site and Terms & Conditions

Classify Learning reserves the right to change the terms, conditions, services, and materials displayed on this Site at any time and from time to time without notice. Your continued use of this Site following the posting of any changes to these Terms of Use indicates your acceptance of those changes. Classify Learning may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time. Classify Learning may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

Copyright

All content on this Site, including but not limited to the text, content, photographs, video, and graphics, is owned or licensed by Classify Learning and is protected by U.S. copyright laws. No portion of materials on this Site may be reprinted, republished, broadcast, rewritten, modified, framed, or redistributed without the express written consent of Classify Learning. You may, however, download or print a single copy of a page for your personal, non-commercial use, provided the content is not modified or altered in any way and all copyright and other proprietary notices contained in the materials are retained.

Trademark

All marks displayed on this Site are the property of Classify Learning or are used under license. You may not display or reproduce the Marks other than with the prior written consent of Classify Learning, and you may not remove or otherwise modify any trademark notices from any content on this Site.

User Content and Intellectual Property

When you create, upload, or share content on Classify Learning (including assessments, questions, resources, and other materials), you retain ownership of your original content. However, by submitting content to our platform, you grant Classify Learning a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of operating and improving our services.

For school and district accounts:

• Content created by teachers and administrators remains the property of the individual or their employing institution, as determined by applicable employment agreements
• Student work and assessment responses remain the property of the student and their school
• Upon termination of service, you may request export of your content in a standard format

Classify Learning will not use your content for purposes unrelated to providing our services without your explicit consent.

Acceptable Use Policy

You agree to use Classify Learning only for lawful educational purposes. You agree NOT to:

• Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Upload content that infringes any patent, trademark, copyright, or other proprietary rights
• Upload files that contain viruses, corrupted files, or any other similar software that may damage the operation of another's computer
• Use the platform for any commercial purpose not expressly approved by Classify Learning
• Attempt to gain unauthorized access to any portion of the platform, other accounts, or any systems or networks connected to Classify Learning
• Use any automated means (bots, scrapers, etc.) to access the platform without express written permission
• Share login credentials with unauthorized individuals
• Attempt to circumvent any security measures or access controls
• Use the platform in any way that could disable, overburden, or impair the site

FERPA Compliance

Classify Learning acknowledges its role in handling student education records under the Family Educational Rights and Privacy Act (FERPA). When providing services to schools and districts:

• Classify Learning acts as a "school official" with a legitimate educational interest
• We use student education records only for the purposes for which disclosure was made
• We do not re-disclose student education records except as permitted by FERPA
• Schools and districts retain control over their student data
• Upon request, we will provide schools access to student records and facilitate the exercise of FERPA rights

Links to Third Party Sites

This Site contains links to other web sites. Classify Learning is not responsible for the contents of these web sites or the privacy practices of those web sites. If you choose to access a third party site linked to from this Site, you do so at your own risk. Classify Learning provides these links only as a convenience and does not endorse or warrant any linked third-party site.

Privacy

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices regarding the collection and use of your personal information.

Forms, Registration and Passwords

If you register for any feature of the Site that requires use of a password, you agree to provide current, complete and accurate information about yourself as prompted by the registration process. You are entirely responsible for maintaining the confidentiality of your password and account information. You agree not to share your password or other account access information with any other party, temporarily or permanently. You agree to notify Classify Learning immediately of any unauthorized use of your password or account or any other breach of security. Classify Learning shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. Classify Learning reserves the right, in its sole discretion, to suspend any user's access to all or part of the Site with or without notice.

Service Availability

Classify Learning strives to maintain high availability of our services. However, we do not guarantee uninterrupted access to the platform. The service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency maintenance to address security or stability issues
• Factors beyond our reasonable control, including internet outages, hardware failures, or force majeure events

We will make reasonable efforts to restore service as quickly as possible during any outage. For enterprise customers, service level agreements may be available as part of your contract.

Account Termination

Termination by You: You may terminate your account at any time by contacting us at hi@classifylearning.com. Upon termination, you may request export of your content.

Termination by Classify Learning: We may suspend or terminate your account if:

• You violate these Terms of Use or our Acceptable Use Policy
• Your account has been inactive for an extended period
• We are required to do so by law
• Continuing to provide services poses a security risk

Where possible, we will provide notice before termination and an opportunity to export your data. Upon termination, your right to access the services ceases immediately, though certain provisions of these Terms will survive termination.

Monitoring

Classify Learning reserves the right to review, edit, or delete any information or content you or others submit to the Site, but is not obligated to do so. Classify Learning may take any such action in its sole discretion, at any time and from time to time, without notice. Classify Learning does not and cannot review all of the content posted by you or others to the Site and is not responsible for such content. You understand and agree that Classify Learning's review of your content does not indicate its endorsement of, or agreement with, your content.

Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms of Use or your use of this Site will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be held in Orange County, California. Judgment on any arbitration award may be entered in any court having jurisdiction over the parties.

Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Classify Learning.

Notwithstanding the foregoing, Classify Learning may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent any actual or threatened infringement, misappropriation or violation of Classify Learning's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Indemnification

You agree to indemnify and hold Classify Learning, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of your use of this Site, your use of your password and username, your provision of services under any guidelines or policies, and/or your violation of the Agreement, any law, or the rights of any third party.

Enforcement

The exclusive venue for all disputes arising out of or relating to this Agreement shall be in Orange County, California. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California, without regard to conflict of law principles.

Limitation of Liability

NEITHER CLASSIFY LEARNING NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF CLASSIFY LEARNING HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THE SITE AND ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Personal & Non-Commercial Use Limitation

Unless otherwise specified, the content on this Site is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site without the prior written consent of Classify Learning.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CLASSIFY LEARNING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. ADVICE RECEIVED VIA THIS SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE ON AN "AS IS" BASIS AND CLASSIFY LEARNING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE INFORMATION OR PRODUCTS OR SERVICES PROVIDED OR OFFERED BY THIS SITE OR ANY LINKED SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR THE WARRANTY OF NON-INFRINGEMENT.

Severability

If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

General

This Agreement represents the entire understanding between you and Classify Learning with respect to the subject matter hereof and supersedes any and all prior and contemporaneous agreements and understandings, oral and written, with respect to same. No waiver by Classify Learning of any breach of these Terms shall be deemed a waiver of any subsequent breach. The failure of Classify Learning to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

If you have any questions about these Terms of Use, please contact us at hi@classifylearning.com.