ByteLearn Terms of Service
Effective Date: November 9, 2021
Thank you for your interest in using the online services operated by ByteLearn ("ByteLearn", "we" or "us"). These Terms of Service ("Terms" or "Agreement") govern your use of ByteLearn's online services (the "Services"). Please continue reading to learn about the terms by which you may use our Services.
These Terms apply to all schools, school districts, or teachers (collectively referred to as "Schools") as well as students and parents, who use the Services; (collectively along with "Schools" referred to as “Users” or “you”).
ByteLearn is an online math practice and learning site. Teachers will create student accounts, or students will register with a teacher code and complete assignments made by their teacher.
As long as you are complying with all of the terms and conditions of this Agreement, ByteLearn gives you permission to access and use the Service. The Service is available for your personal, noncommercial use. We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. We may also stop providing Service to you, or add or create new limits to our Service or restrict your access to all or part of the Service at any time without notice or liability.
In particular, individual teacher licenses, paid or unpaid, are intended for single-teacher use, with exceptions in the case of support teachers. We reserve the right to reach out to end-users and/or revoke access in cases where it appears more than one teacher is using an account without our prior consent.
The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.
Personal Information and Student Data
The U.S. Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. If you are a School providing the Service to children under 13 (whether in the U.S. or elsewhere), you represent and warrant that you have received consent from parents, or have the authority to provide consent on behalf of parents, for us to collect information from students before allowing children under 13 to access ByteLearn Services. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as ByteLearn.
When ByteLearn is used by a School for an educational purpose, ByteLearn may collect or have access to Student Data that is provided by the School or by the Student. “Student Data” is personal information that is directly related to an identifiable Student and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g).
Student Data Access
You authorize ByteLearn to access or collect Student Data for the purpose of providing the Service. In the U.S., ByteLearn shall collect and process Student Data as a School Official with a legitimate educational interest pursuant to FERPA 34 CFR Part 99.31(a)(1).
Personal Information and Student Data Consents and Authority
If you are School User, you represent and warrant that you have provided appropriate disclosures to your School and to parents regarding your sharing such Personal Information with ByteLearn. Both Parties agree to uphold their obligations under the Family Educational Rights and Privacy Act (“FERPA”), the Protection of Pupil Rights Amendment ("PPRA"), and the Children’s Online Privacy and Protection Act (“COPPA”) and applicable State laws relating to student data privacy. ByteLearn relies on each School to obtain and provide appropriate consent and disclosures, if necessary, for ByteLearn to collect any Student Data, including the collection of Student Data directly from students under 13, as permitted under COPPA. You agree to comply with these Terms and all laws and regulations governing the protection of personal information, including children’s information, and the sharing of student education records.
Use of Student Data
By submitting or providing us access to Student Data, you agree that ByteLearn 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 these Terms, and (iv) as permitted with the School’s or the User’s consent. ByteLearn shall not use Student Data to engage in targeted advertising.
Use of Anonymized Student Data
You agree that we may collect and use data derived from Student Data for our own purposes, such as for product development, research analytics, and marketing our Service, provided that such data will be de-identified and/or aggregated to reasonably avoid identification of a specific individual.
Use of Personal Information for Marketing
You agree that ByteLearn may provide information about new ByteLearn features and offerings to school or district administrative users and teachers from time to time, provided that such advertisements shall not be based on Student Data. For emphasis, and without limitation, ByteLearn shall never use Student Data to engage in targeted advertising, nor shall ByteLearn direct advertising to student users.
Third-Party Service Providers
You acknowledge and agree that ByteLearn may provide access to Student Data to our employees and 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.
Student Data Retention and Deletion Requests
ByteLearn retains Student Data, but for educational purposes only. Oftentimes students will want to refer back to their ByteLearn student accounts for college or other future courses. However, if a student does not utilize their account for a period of two years, their account and personally identifiable information will be deleted. Additionally, Schools may request that we delete Student Data in our possession at any time by providing such a request in writing. We shall respond to the deletion request as soon as possible, but in most instances within 45 days, other than for data stored on backup tapes which shall be deleted in the ordinary course of business. A Parent seeking to modify, correct, or delete personal information in a Student Account that is connected to an active School account will be instructed to contact the School to discuss data deletion or modification. We are not required to delete data that has been derived from Student Data so long as it has been anonymized such that it does not reasonably identify an individual.
The Service and the ByteLearn Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with this Agreement. “ByteLearn Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including ByteLearn proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, graphs, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property. ByteLearn Technology is protected by copyright and other intellectual property laws. You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the ByteLearn Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any ByteLearn Technology.
Using our Service does not give you ownership of any intellectual property rights in our Service or the ByteLearn Technology. You may not use content from our Services, unless you obtain permission from its owner or are otherwise permitted by law. Don’t remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.
By using the Services, you agree not to do any of these things: (i) copy, distribute, or disclose any part of the Services in any medium, including but not limited to by any automated or non-automated “scraping”; (ii) use any automated system, including but not limited to “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the ByteLearn servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) transmit any malicious software agents through the Services; (vii) collect or harvest any third-party personally identifiable information, including account names or Student Data (as defined above), from the Services; (viii) use the Services for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Services; (xi) access any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypass the measures we use to prevent or restrict access to the Services, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or related content.
Passwords and Security
You are responsible for maintaining the confidentiality of your ByteLearn password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify ByteLearn of any unauthorized use of your password or any other breach of security related to the ByteLearn Services. ByteLearn may require you to alter your password if we believe that your password is no longer secure.
ByteLearn has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ByteLearn of the site. Use of any such linked website is at the user's own risk.
ByteLearn may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
Disclaimer and Limitations of Liability
a. You agree that use of the ByteLearn services is at your sole risk. The ByteLearn services are provided on an “as is” and “as available” basis. ByteLearn expressly disclaims all warranties of any kind, whether express or implied, with respect to the ByteLearn services, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. You acknowledge that access to data and materials available through the ByteLearn services is not guaranteed and that ByteLearn will not be responsible to you for any loss of data or materials caused by the ByteLearn services or their unavailability. You understand and agree that any data, materials, services and/or information downloaded or otherwise obtained through the use of the ByteLearn services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
b. Under no circumstances will ByteLearn or its officers, employees, directors, shareholders, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the ByteLearn services.
c. If, notwithstanding these Terms, ByteLearn is found to be liable to you or any third party in connection with your use of the ByteLearn services, the total liability of ByteLearn and its officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred U.S. Dollars ($100).
d. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that ByteLearn may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of ByteLearn's liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless ByteLearn and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. ByteLearn reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ByteLearn's defense of such claim.
This Agreement shall remain in full force and effect while you use the Service. ByteLearn may suspend or terminate your access to the Service or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the loss of information associated with your account. Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. ByteLearn shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ByteLearn's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with ByteLearn's prior written consent. ByteLearn may transfer, assign or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of the State of Delaware without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in Sussex County, Delaware, and for all purposes of this Agreement, you and ByteLearn consent to the exclusive jurisdiction and venue of such courts. Unless and solely to the extent that you or your Institution have a separate written agreement with ByteLearn that governs your use of the Service (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind ByteLearn in any respect whatsoever.
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