Welcome! Below you will find Elernity’s Software End User License and Service Agreement as well as Elernity's Privacy Statement
The EDMODO CLASSROOM SOFTWARE END USER LICENSE AND SERVICE AGREEMENT includes, among other things:
--Information we collect:
--How we use the information:
This EDMODO CLASSROOM SOFTWARE END USER LICENSE AND SERVICE AGREEMENT (this "EULA") is a legal agreement between you and Elernity Limited for the use of the EDMODO CLASSROOM Online Service (the “EDMODO CLASSROOM Service” or the “Service”), and the EDMODO CLASSROOM Mobile Application (the “EDMODO CLASSROOM Software" or the “Software”). For convenience, we refer to the combination of Software and Services that we provide to you as the “System.”
This EULA is entered into between the End-User and Elernity Limited located at Units 2001-05&11,20/F., Harbour Centre, 25 Harbour Road, Wan Chai, Hong Kong.
By agreeing to the terms of this EULA in the manner set forth below, You, as the End-User, have agreed to install and/or use the System on the terms and conditions set forth herein.
a. Documentation means the Elernity user or technical manuals, training materials, specifications or other documentation applicable to the Software and/or Service and made available to You.
b. EDMODO CLASSROOM Content means text, software, voice, image, video, chart and other information owned by Elernity, or licensed by Elernity from other third-parties.
c. End-User (or alternatively referred to as "You" or “Your”) means the Licensee and, where applicable, any employees (including, without limitation, administrators, IT directors, teachers, instructors, etc. acting as a representative of the school, the school board, the school district, etc.), consultants, installers, and students who are authorized by the Licensee to Use the Software and/or the Service at the Licensee's location.
d. Licensee means the entity (or individual) that obtained the Software and/or Service on behalf of the End-Users.
e. Personal Information means any information that can personally identify a specific individual.?
f. Processing means any operation which is performed with respect to personal data, such as collection, recording, organization, structuring, storage, adaptation or any kind of disclosure or other use.
g. Sensitive Personal Information means the following categories of Personal Information: social security numbers (US Users only), dates of birth, race or ethnic origin, political opinions, membership of political associations, physical or mental health or condition, health related personal data, membership in a government program, religious beliefs or other beliefs of a similar nature, philosophical beliefs, membership in a professional or trade association or union, sexual orientation or practices, criminal record, genetic information, and biometric information. WE DO NOT INTEND TO COLLECT SENSITIVE PERSONAL INFORMATION FROM ANY OF OUR USERS. Please do not voluntarily provide this information to the System or Service.
h. Student Data means Personal Information that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us.? To the extent U.S. Law applies, Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g).
i. Update means a software release that either (1) increments the Major or Minor version number, and which contains enhancements improving functionality or capabilities of the Software, thus changing the basic character or structure of the Software or (2) increments the revision number of the Software and corrects bugs, defects, and/or deficiencies, or provides minor modification in the existing operation of the Software in accordance with the published specifications but does not substantially change the basic character or structure of the Software. YOU AGREE that Elernity reserves the right to, and Elernity may, from time to time push over-the-air (OTA) Updates to your computer or mobile device such that those Updates automatically install on your computer or mobile.??Your computer or mobile may also be configured to notify you when an OTA Update is available for manual installation.
j. Use, Using or Used means to directly or indirectly install, load, execute, access, employ, utilize, store, or display the Service and/or the Software.
By Using the System, You agree to be bound by the terms of this EULA. If you are entering into this EULA on behalf of an entity, you represent that you have authority to bind that entity. If you do not have such authority or you do not agree to the terms of the EULA, neither you nor the entity may Use the System. In the event a systems or technical administrator, or other representative of an entity is accepting these terms on behalf of all intended End-Users, it is the responsibility of that representative to ensure that the terms of this EULA are understood and complied with by each End-User.
CONSENT TO USE OF DATA. TO THE EXTENT THAT ELERNITY COLLECTS ANY PERSONAL INFORMATION ABOUT THE END-USER IN THE COURSE OF PROVIDING THE SYSTEM, IT WILL DO SO ONLY AS OUTLINED IN THIS EULA AND IN ACCORDANCE WITH APPLICABLE LAW. BY USING THE SYSTEM, YOU AGREE AND CONSENT TO ELERNITY AND ITS AFFILIATES COLLECTING AND PROCESSING THE DATA SET FORTH BELOW WITH RESPECT TO THE SYSTEM. IN GENERAL, THE FOLLOWING PERSONAL DATA MAY BE COLLECTED BY THE SYSTEM:
a. PERSONAL DATA (E.G., USER ID, PASSWORD, FIRST NAME, LAST NAME, AND EMAIL ADDRESS);
b. TECHNICAL INFORMATION (SOME OF WHICH MAY BE CONSIDERED PERSONAL DATA UNDER THE LAW IN YOUR TERRITORY) ABOUT YOUR COMPUTER SYSTEM (INCLUDING IP AND MAC ADDRESS), APPLICATION SOFTWARE, AND PERIPHERALS, THAT IS GATHERED PERIODICALLY TO FACILITATE THE PROVISION OF SOFTWARE UPDATES, PRODUCT SUPPORT, AND OTHER SERVICES TO YOU (IF ANY) RELATED TO THE SYSTEM, AND TO VERIFY COMPLIANCE WITH THE TERMS OF THIS EULA. YOU AGREE AND CONSENT TO ELERNITY USING THIS INFORMATION TO IMPROVE OUR PRODUCTS OR TO PROVIDE SIMILAR SERVICES OR TECHNOLOGIES TO YOU. YOU UNDERSTAND AND AGREE THAT THIS TYPE OF DATA MAY BE TRANSFERRED TO AND STORED ON SERVERS OUTSIDE THE EUROPEAN ECONOMIC AREA.
This EULA grants to You, subject to Your compliance with this EULA, a limited, non-transferable, non-exclusive, non-sublicensable, royalty-free right to use the System, and its related Software in object code format only, and the Service, together with any Documentation during the Term. For purposes of clarity, the "Software" includes any subsequent Updates to the Software. This EULA also grants to You, subject to Your compliance with this EULA, a limited, non-transferable, non-exclusive, non-sublicensable, royalty-free right to use the EDMODO CLASSROOM Content, but you are not entitled to copy the EDMODO CLASSROOM Content for use outside the System.
a. Mobile Application. The Software may be downloaded onto any compatible mobile computing device and is only permitted to be used in conjunction with other EDMODO CLASSROOM Software and Elernity products unless specifically permitted in writing by Elernity.
b. Reproduction of Other Materials. The Software may be used to reproduce and modify materials only in accordance with applicable law. All other reproductions and modifications are prohibited. If you are uncertain about your right to copy or modify any material, You should contact your legal advisor.
c. Decompilation. You will not modify, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software.
d. Notices. You will not remove, alter, cover or obfuscate any copyright notices, trademarks, or other proprietary rights notices placed or embedded by Elernity on or in any Software,
e. Copyright. You will not use the Software, or any component thereof, to enable copyright protection-circumvention devices or to violate or circumvent in any manner any content copyright, content protection scheme, or content copy policies. You will notify Elernity immediately if You become aware of any unauthorized possession or use of the Software by any person or entity without a License.
2) You are responsible for maintaining the confidentiality of your Service Credentials and for restricting access to your Service Credentials and account. Accordingly, you agree that you will be solely responsible to us for activities undertaken in your account. You agree to keep the information you submit about yourself accurate and current. You agree to notify us promptly if you believe that there has been any unauthorized use of your account.
3) All End-Users must register their account using a valid email address.
4) You cannot select for your Service Credentials a name that you do not have the rights to use or another person’s name with the intent to impersonate that person. Accounts registered with someone else’s email address may be closed without notice. We may require End-Users to re-validate their account if we believe they have been using an invalid email address. If at any time you learn that an End-User of the Service claims to be affiliated with your educational institution who is not, in fact, affiliated with your educational institution, you will notify Elernity immediately.
1) Confidentiality. Elernity agrees to treat Personal Information as confidential and not to share it with third parties other than as described in this EULA.
2) Student Data Access as a School Official under FERPA. To the extent necessary to provide the Service, we may access and collect Student Data in a variety of ways. In the U.S., we access, collect and process Student Data as a School Official with a legitimate educational interest pursuant to FERPA 34 CFR Part 99.31(a)(1).? You agree that, as between the parties, the school or educational institution owns and controls all Student Data, whether provided by the school, school administrator, teacher, student, parent/guardian, or any other third-party.
3) Personal Information and Student Data Consents and Authority.? You must have the requisite consent and authority to provide Student Data to Elernity, or to authorize Elernity to collect Student Data through the Service.
4) Use of Student Data. By submitting or providing us access to Student Data, you agree that Elernity may use the Student Data solely for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under this EULA, and (iv) as permitted with the End-User’s consent. Notwithstanding anything to the contrary, we shall not use Student Data to engage in targeted advertising.
5) Use of Anonymized Student Data. You agree that we may collect and, both during and after the term of our agreement with this EULA, use data derived from Student Data for our own purposes, provided that such data will be de-identified and/or aggregated to avoid identification of a specific End-User or individual.
6) Use of Personal Information for Marketing. You agree that Elernity may provide customized content and messaging related to the Service to school or district administrative users and to teachers, provided that such content and messaging shall not be based upon Student Data relating to individually identifiable students. Elernity may also provide customized content and messaging related to the Service to parents or guardians who have agreed to receive such content and messaging, provided that such content and messaging shall not be based on Student Data unless we have received explicit consent from the parent or guardian or the school to have Student Data used for such purpose and to the extent such data use is permitted by applicable law. Teachers, administrators and parents who receive communications from Elernity will always have the option to unsubscribe from receiving such communications. Elernity shall not direct advertising or marketing messages to students using the Service.
7) Elernity’s Third-Party Service Providers. You acknowledge and agree that Elernity may provide access to Student Data to our employees, affiliates, and to certain third-party service providers, which have a legitimate need to access such information in order to provide their services to us.? We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such data.? You also acknowledge that, subject to this EULA and to the extent permitted by Law, Personal Information including Student Data may be accessed and processed by our affiliates’ or our third party service providers’ personnel in foreign countries, including countries other than the jurisdiction from which the Personal Information was collected, and you hereby authorize such access and processing. When third-parties process information on our behalf, it is done so under a data processing agreement. To find out where our third-party service providers process your Personal Information contact us at email@example.com[A2].
8) Student Data Retention and Deletion Requests. Elernity will promptly delete or de-identify Student Data upon request or instruction by the School or Teacher within thirty (30) days of such request or instruction. Please contact us firstname.lastname@example.org. to request account deletion.? We will retain, delete, or de-identify Student Data according to our PRIVACY STATEMENT set forth herein.
9) Data Localization. You acknowledge and agree that Elernity will store and process Personal Information in various data centers around the world, including in the U.S., and that your Personal Information may not be stored or processed only within the country in which it was collected unless and except to the extent required by Law. You warrant and agree that you have obtained all necessary consents from your End-Users for Elernity to process such Personal Information in the U.S. and elsewhere in the world. Seethe PRIVACY STATEMENT for more information about where your data resides.
1) Prohibited Uses of the Service. You may not use the Service:
2) Your interactions with organizations and/or individuals found on or through the Service/System, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Elernity shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings including any loss or damage arising from their use of your Personal Information.
3) Reliance On Information Posted. Commentary, chats, Lessons, PDFs, Websites and other materials (“Resources”) uploaded/posted to the System are not intended to amount to advice on which reliance should be placed, nor can we offer any guarantee that any information that is posted is complete, accurate or up to date or that the author of such Resources has provided their consent to use such materials. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials or information by any User of our System, or by anyone who may be informed of any of its contents.
Elernity or its licensors retain ownership of all intellectual property rights in and to the System, Software, Service, Documentation and EDMODO CLASSROOM Content made available through the System, including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to Use the System, Software, Service, Documentation and EDMODO CLASSROOM Content are limited to those expressly granted by this EULA.? No other rights with respect to the System, Software, Service, Documentation and EDMODO CLASSROOM Content or any related intellectual property rights are granted or implied. You acknowledge that the System, Software, Service, Documentation and EDMODO CLASSROOM Content may contain unpublished information and embody valuable trade secrets proprietary to Elernity.? Elernity reserves all rights in the System, Software, Service, Documentation and EDMODO CLASSROOM Content not expressly granted in this EULA.
You agree that Elernity and its affiliates may collect and use technical and related information, including but not limited to technical information about your mobile device, computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Software Updates, support and other services to You (if any) related to the System and to verify compliance with the terms of this EULA. Elernity may use this information to improve our products, to provide services or technologies to You, to conduct research and development, and to gather broad demographic information for aggregate use and marketing purposes.
You acknowledge that the use of the System is subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that you will comply with the Export Laws. You will not supply, transfer, export, or re-export the System in violation of any applicable Export Laws. In addition, you are responsible for complying with any applicable local laws which may restrict the import, export, or use the System or materials. All rights to use the System are granted on condition that such rights are forfeited if you fail to comply with the terms of this EULA. If Elernity has knowledge or reasonable cause to suspect that a violation has occurred, Elernity may be prohibited from providing maintenance and support for the System and or Elernity may terminate your use of the System.
a. Except as set forth in this EULA, for individual teachers using the System, your account will remain available to you for as long as the System is available or unless you request your account to be deleted (the “Term”). The terms herein shall apply to you for as long as you use the System.? Terms that, by their nature, should survive and apply even after you no longer use the System shall survive and remain applicable.? By way of example, all of the following will survive termination of the System: any obligation you have to pay us or indemnify us; any limitations on our liability; any terms regarding ownership or intellectual property rights including the licenses granted in Section 7, and terms regarding disputes between us.
The Software may have been created using source code available through various open source projects and specific third party proprietary software. Open source software is available under the terms of the GNU Lesser General Public License, a copy of which can be found at www.gnu.org/Licenses. Other such Open Source Projects contained within the Software are as follows:
a. Mobile Application
Other Open Source Projects are contained within the Service and include:
b. Web Portal
c. AI Speech Recognition
Other Open Source Projects are contained within the Service and include:
NodeJS – https://nodejs.org/en/ All Rights Reserved.
CEF - A BSD-licensed open source project founded by Marshall Greenblatt in 2008 and based on the Google Chromium project.
Elernity is not liable for your use of any such open source software.
This EULA constitutes the entire agreement between the parties with respect to the use of the System licensed hereunder and supersede all prior or contemporaneous understandings regarding such subject matter. The parties hereto confirm that they have requested that this EULA and all related documents be drafted in English. To the extent a conflict in interpretation arises between the English version and any translation of this EULA, the English version shall prevail. Notices to the End User regarding, for example but without limitation, Updates to the Software or amendments to or modifications of this EULA, may be provided by Elernity either by (a) sending it to the Licensee's email or business address on record or such email or business address as the Licensee may have most recently notified Elernity; (b) by posting notice when the End-User updates the Software, or by text message or SMS.
a. This EULA, any dispute arising under or which is related to this EULA (whether in contract, tort or otherwise), and the validity, performance and interpretation of this EULA will be governed by and construed in all respects under, the laws of the People’s Republic of China without giving effect to its conflicts of law principles.
b. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
If any of the provisions in this EULA are held to be in violation of applicable law, then such provisions are hereby waived or amended to the extent necessary to achieve the same economic effect for this EULA to be enforceable in such jurisdiction and the rest of the agreement shall remain in full force and effect.
The section headings appearing in this EULA are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect the license granted hereunder.
Should you have any questions about the terms of this EULA or the use of the Software please contact legal@Elernity.com and email@example.com respectively.
It is Elernity’s privilege to provide classroom solutions around the world that transform learning spaces into engaging and collaborative environments and immerse students in the latest interactive technology. The trust you have in Elernity’s solutions is the foundation of who we are as a company. That trust is why protecting the privacy and security of your personal data is paramount to Elernity. We want you to know that:
We promise to process your personal information in a manner that is always lawful, fair and transparent. We also promise to provide you with choice and control over the use of your personal information in accordance with prevailing laws and obligations.
This Privacy Statement describes how Elernity collects, uses and discloses your personal information in connection with the System. If you have any questions, comments, or concerns regarding this Statement and/or our data practices, please contact us at firstname.lastname@example.org
Your use of the System and any information you provide through it is subject at all times to this Privacy Statement and EULA.
Elernity may share your information as set forth below. Please note that Elernity does not sell personal data about you to third-party companies for their marketing purposes.
a. Agents and contractors. Elernity may share End-User information, including personal data like billing information or usernames, with our third-party agents, contractors, or service providers who are hired to perform services on Elernity’s behalf. These providers may operate or support certain functions of the System. These agents and contractors are allowed to use the information shared with them only for the specific tasks they’ve been hired to do and consistent with this Privacy Statement, and for no other purposes. Elernity takes steps to ensure that all service providers with access to personal data are capable of protecting the information we share with them and also requires that these agents and contractors execute a data processing agreement.
b. Legal disclosures. We may disclose personal data about you as required or permitted by law and/or comply with a judicial proceeding, court order, or legal process served on our System. To the extent permitted by applicable law, we also may disclose personal data about you in response to a request from law enforcement agencies, regulators, or other public agencies (including schools or children services) or if such disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our System, protect the security or integrity of our System, or enable us to take precautions against liability or to protect our rights.
c. Business transfers. Information about our users, including personal data, may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets. Where necessary, we will inform you of such disclosure and obtain your consent.
d. Anonymized information. We share aggregated, automatically-collected, or otherwise non-personal data with third parties for various purposes, including (i) compliance with reporting obligations; (ii) for business or marketing purposes; (iii) to assist us and other parties in understanding our users' interests, habits and usage patterns for certain programs, content, services, promotions and/or functionality available through the System. We do not share personal data about you in this case.
a. Security. The security of your personal data is important to us. When you enter information in the System, Elernity (or the service provider operating the function on our behalf) will encrypt that information using secure socket layer technology (SSL) or similar technologies. We have security measures in place to attempt to protect the personal or other information submitted to us against the loss, misuse and alteration of personal data under our control. While we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use reasonable efforts to prevent it. Please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure.
b. Retention. Elernity may retain End-Users’ account data internally for the following purposes:
c. External links. The System may, from time to time, contain links to external sites or applications. We are not responsible for the privacy policies or the content of such sites or applications. To make clear when you are linking to a third-party site or application, you are leaving our System and we are not responsible for the privacy practice of that third-party site or application nor are we responsible for any content on third-party sites and/or applications.
If personal data about you changes, or if you no longer desire to use our System, you may correct, update, amend or delete your account under your account settings.
In most instances, all username and password information will be sent to and stored on secure severs located in the United States. All other Personal Data (i.e., profile data and general End-User content), which we collect, is sent to and stored on secure servers based on the “country of residence” that You selected when Your account was created on the System. You can see where your profile data is being stored based on your “country of residence” at the following link: www.Elernityworld.com/opensourcesoftware[A11].
Such storage is necessary in order to process the information. Elernity operates globally and we may transfer the Personal Data that we collect from you to our other offices and/or to the third-parties mentioned herein, which may be situated outside of your country or regional area and may be processed by staff operating outside your country or regional area. The data protection laws of the United States or other countries may not be as comprehensive or equivalent to those in your country of residence. Wherever we transfer your personal data, we will take reasonable steps to protect your personal data, ensure an adequate level of protection, and have appropriate safeguards for our users’ rights and legal remedies. When information provided to us or collected by us is processed by our agents and contractors, we will have a data processing agreement with the agent or contractor.
a. Cookies. A cookie is a small text file that is placed on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, for example so you don’t have to re-enter them whenever you come back to the website or browse from one page to another.
A cookie can be classified by its lifespan and the domain to which it belongs. By lifespan, a cookie is either a:
As for the domain to which it belongs, there are either:
c. Cookies used by the System. The following lists enable you to recognize the cookies placed on your browser when you use the System. Although we strive to list all cookies used by us or our technology partners, if you find a discrepancy or think that a cookie has been omitted, please contact us at email@example.com Cookies used on the website or web portal include:
d. Your choices. Most web and mobile device browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. Some browser manufacturers provide comprehensive help relating to cookie management in their products. Please see below for more information:
You can also learn more about cookies by visiting www.allaboutcookies.org, which includes additional useful information on cookies and how to block or delete cookies that are already on your computer.
Please note, however, that by blocking or deleting cookies used on the System, you may not be able to take full advantage of the System and the System may not function correctly or at all.
We may update this Privacy Statement to reflect changes to our information practices at any time, so please review it frequently. If we update this Statement, changes will be reflected on this page and we will update the "Last Updated" date posted below, and in the event we make material changes, we will make reasonable efforts to notify you.
EDMODO CLASSROOM Software End User License and Service Agreement for Version 1.1 * Last Updated - April 2020
Elernity 2019. All rights reserved.