EdEase

Terms of Service

Last Updated: 17-Sept-2024

1. Introduction

Welcome to EdEase ("we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our services, including our website, applications, and any related services (collectively, the "Service"). By accessing or using our Service, you ("User", "you", or "your") agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Service.

2. Acceptance of Terms

By registering for an account or using the Service, you affirm that you are at least 18 years old and are fully able and competent to enter into and comply with these Terms. If you are using the Service on behalf of an organization or institution, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Eligibility

The Service is intended for use by educators, schools, and educational institutions. By using the Service, you represent that you are a registered teacher or an authorized representative of an educational institution.

4. Account Registration and Security

  1. 4.1 Account Information: When creating an account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration process.
  2. 4.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account.
  3. 4.3 Notification of Unauthorized Use: You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

5. Subscription and Payment Terms

  1. 5.1 Pricing and Plans: The Service is offered on a subscription basis per teacher. Detailed pricing and available plans are provided on our Pricing Page.
  2. 5.2 Payment Terms: Subscription fees are billed in advance on a monthly or annual basis, depending on the plan selected. By selecting a subscription plan, you authorize us to charge your chosen payment method for the fees associated with your plan.
  3. 5.3 Renewal: Unless you cancel your subscription, it will automatically renew at the end of each billing cycle. You authorize us to charge the applicable subscription fees at the time of renewal.
  4. 5.4 Late Payments: If we are unable to process your payment, we may suspend or terminate your access to the Service until payment is received.
  5. 5.5 Refunds: Subscription fees are non-refundable except as required by law or as otherwise specified in these Terms.
  6. 5.6 Taxes: All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes associated with your subscription.

6. License and Access

  1. 6.1 License Grant: We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service strictly in accordance with these Terms.
  2. 6.2 Restrictions: You agree not to:
    • Modify, copy, distribute, or create derivative works based on the Service or any part thereof.
    • Reverse engineer, decompile, or disassemble any part of the Service.
    • Access the Service to build a competitive product or service.
    • Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks.
    • Bypass any measures we may use to prevent or restrict access to the Service.

7. User Conduct

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You shall not upload, post, or otherwise transmit through the Service any material that:

  • Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
  • Infringes on any intellectual property rights or other proprietary rights of any party.
  • Contains viruses or any other computer code designed to disrupt, destroy, or limit the functionality of any software or hardware.

8. User Content

  1. 8.1 Ownership of User Content: You retain all rights and ownership of the content you submit, post, or display on or through the Service ("User Content").
  2. 8.2 License to Us: By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of providing and improving the Service.
  3. 8.3 Responsibility: You are solely responsible for your User Content and the consequences of submitting it. You represent that you have all necessary rights to grant the licenses set forth in these Terms.

9. Intellectual Property Rights

  1. 9.1 Our Intellectual Property: All content, trademarks, service marks, logos, and other intellectual property displayed on the Service are the property of EdEase or its licensors.
  2. 9.2 No Implied Rights: Nothing in these Terms grants you any rights to use any of our trademarks or other intellectual property except as expressly provided.
  3. 9.3 Feedback: Any suggestions, comments, or feedback you provide regarding the Service ("Feedback") are entirely voluntary, and we will be free to use such Feedback as we see fit without any obligation to you.

10. Confidentiality

  1. 10.1 Definition: "Confidential Information" includes any non-public information, know-how, or trade secrets that are designated as confidential or that a reasonable person would understand to be confidential.
  2. 10.2 Obligations: You agree to maintain the confidentiality of our Confidential Information and not disclose it to any third party without our prior written consent.
  3. 10.3 Exceptions: Confidential Information does not include information that is publicly available, independently developed without reference to our information, or rightfully received from a third party without confidentiality obligations.

11. Student Data and Privacy

  1. 11.1 Compliance with Laws: You agree to comply with all applicable laws and regulations concerning the protection of personal information, including but not limited to the Family Educational Rights and Privacy Act (FERPA), the Children's Online Privacy Protection Act (COPPA), and the General Data Protection Regulation (GDPR).
  2. 11.2 Consent and Authorization: You are responsible for obtaining all necessary consents and authorizations from students or their legal guardians before submitting any student data to the Service.
  3. 11.3 Data Handling: We will handle student data in accordance with our Privacy Policy. We ensure that any Personally Identifiable Information (PII) is obscured from external parties and AI systems involved in the application process.
  4. 11.4 Data Security: We implement industry-standard security measures to protect student data from unauthorized access, alteration, disclosure, or destruction.

12. Third-Party Services

The Service may integrate with or provide links to third-party services and websites. We do not control and are not responsible for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that we are not liable for any loss or damage arising from your use of any third-party services.

13. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE.

15. Indemnification

You agree to defend, indemnify, and hold harmless EdEase, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from:

  • Your use of and access to the Service.
  • Your violation of any term of these Terms.
  • Your violation of any third-party right, including without limitation any intellectual property or privacy right.
  • Any claim that your User Content caused damage to a third party.

16. Termination

  1. 16.1 Termination by You: You may terminate your account at any time by contacting us at support@edease.co.
  2. 16.2 Termination by Us: We may suspend or terminate your access to the Service immediately, without prior notice or liability, if you breach any provision of these Terms.
  3. 16.3 Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  4. 16.4 Data Retention: Upon termination, we will handle your data in accordance with our Privacy Policy.

17. Governing Law and Dispute Resolution

  1. 17.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
  2. 17.2 Dispute Resolution: Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the laws of New South Wales, conducted in Sydney, Australia.
  3. 17.3 Exception: Either party may seek injunctive relief in a court of competent jurisdiction to prevent any unauthorized use of the Service or infringement of intellectual property rights.

18. Changes to the Terms

  1. 18.1 Modification: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.
  2. 18.2 Acceptance of Changes: By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms.

19. Miscellaneous

  1. 19.1 Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.
  2. 19.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  3. 19.3 Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
  4. 19.4 Assignment: You may not assign or transfer these Terms, or any rights granted hereunder, without our prior written consent. We may assign these Terms without restriction.

20. Contact Information

If you have any questions about these Terms, please contact us: