Terms of service

Effective date: May 25th, 2018

These Terms of Service and our Privacy Policy (collectively, the “Terms”) govern your access and use of our online tools and platforms, including the associated Differ mobile and desktop applications (collectively, the “Services”).

These Terms are a legally binding contract between you and us. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the Terms, you confirm that you have read, understand and agree to be bound by the Terms.

By using “we”, “our” and “us” in this context, we refer to the entity EdTech Foundry AS, the Norwegian company with registration number NO998716454 (the “Company”), that operates the Services.

The Services

The Services consists of the online tools and platforms operated by the Company, including the associated Differ web, mobile and desktop applications.

We aim to relentlessly improve our Services. That means we may add, remove or update features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. The Services are provided to you on an “as is” and “as available” basis.

Any software that we provide, may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

Your access and use of the Services

We grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Services. This licence is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies allow.

When you create an account on our Services, you must provide information that is accurate, complete, and current, and you must keep this information current at all times. Failure to do so constitutes a breach of these Terms, and may result in immediate termination of your account.

You are responsible for safeguarding the login credentials you use to access the Services, and for any activities or actions made using your login credentials and account. To the extent that you access our Services as an affiliate, member or representative of an Organization that has entered into a Customer Agreement with us, you must comply with any policies about the usage of the Services imposed on you by this Organization. If you yourself enter into a customer agreement with the Company, you must also comply with additional Customer Terms set forth in that Customer Agreement.

You can access our Service only for lawful and authorized purposes and you shall not misuse the Service. You shall comply with any policies and conditions of use of the Service published by Company and notified to you in a prior reasonable time.

User content shared in the Services

The Services allow you to create, post, upload, send, or otherwise share information, messages, text, graphics, files, videos, or other materials (“User Content") to other people using the Services (“Users”) and/or to the public. You are responsible for the User Content you post in the Services, including its legality, reliability, and appropriateness. You represent and warrant that: (i) the User Content your share in the Services is yours (you own it) or you have the right to post it and grant us the rights to process it as described in these Terms, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or organization.

Much of the content you may see on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, this content is the sole responsibility of the person or organisation that submitted it. Although the Company reserves the right to review all content that appears on the Services and to remove any content that violates these Terms or the law, we do not necessarily review all of it.

If we identify content that may be offensive to our Users (“Objectionable Content”), we reserve the right to react to this content by filtering it out or removing it from our Services, and block the publishers of such Objectionable Content from our Service without notice.

How we process your content and data

To provide the Service to our Users and Customers, we need to collect and process data about our users. By agreeing to these Terms you authorize the Company to process your data, including your User Content, according to our Privacy Policy.

Age limitations

To the extent prohibited by applicable law, Company does not allow use of our Services and Websites by anyone younger than 16 years old. If you are younger than 16 years old, do not access or use the Services, Websites or any other aspect of the Company’s business. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will takes steps to delete such information.

Third Party Services and Websites

Our Services may contain links to third-party websites or services, or allow integration to Third Party Services that are not owned or operated by the Company. The Company has no responsibility for the content, privacy policies, or practices of any Third Party Services or websites. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Services or websites. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Services and websites your use or visit.

Intellectual property rights

The Services and its original content (excluding User Content), features and functionality are and will remain the exclusive property of the Company and its licensors. The Services is protected by copyright, trademark, and other applicable laws. Our trademarks may not be used in connection with any product or service without our prior written consent.You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for time-sharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to the User or Customer for use on User or Customer premises or devices, Company hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software only in connection with the Services.

Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless the Company, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your User content; and (c) your breach of these Terms.

Warranty and disclaimer

Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services.  The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control. Company does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services.  EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY USER OR CUSTOMER TO COMPANY FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Duration and termination

The legally binding contract between you and us based on these Terms, will take effect at the moment you sign up to our Services and agree to the Terms, and will remain in effect until the Terms are updated or replaced by the Company, or until your account is terminated.

All sections of these Terms which by their nature should survive termination will survive termination, including “Your access and use of the Services”, “Your content shared in the Services”, “How we process your content and data”, “Age limitations”, “Third Party Services and Websites”, “Intellectual property rights”, “Indemnity”, “Warranty and disclaimer”, “Limitation of liability”, “Duration and termination”, “Changes to these Terms”, “Dispute resolution and Governing law”.

We reserve the right to terminate your account at any time and for any reason, with or without giving you prior notice. Upon termination, we will not have any obligation to continue to maintain or provide your data.

Changes to these Terms

As our business evolves, we may change these Terms. If we make a material change to the Terms, we will provide a notice of this change within the Services, and/or by sending a message to the email or telephone number associated with your account. A notice will be deemed to have been duly given (a) the same day in the case of a notice being provided within the Services, or (b) the day after it is sent in the case of sending the message by email or to your telephone. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the updated Terms.
We reserve the right to terminate your account at any time and for any reason, with or without giving you prior notice. Upon termination, we will not have any obligation to continue to maintain or provide your data.

Dispute resolution and Governing law

For any legal or equitable claim arising out of or relating in any way to your use of the Services or for any matter concerning these Terms, reasonable efforts shall be made by all parties involved to resolve the claim without taking legal action.

These Terms shall be governed by the laws of the country of Norway without regard to any conflict of laws provisions. The courts located in Norway will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Terms. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

Any legal claims must be presented to the Company at legal@edtechfoundry.com.

Contacting us

Please feel free to contact us if you have any questions about this Privacy Policy or our practices, or if you are seeking to exercise any of your statutory rights. You may contact us at:

Company name: EdTech Foundry AS
Visitor address: Nydalsveien 37, 0484 Oslo, Norway
Postal address: Hoffsveien 6a, 0275 Oslo, Norway
Email address: legal@edtechfoundry.com