Terms of Service of imagi Edu


  1. USER AGREEMENT
  2. ACCOUNT CREATION AND MAINTENANCE
  3. RULES OF USAGE
  4. USER-GENERATED CONTENT AND LICENSING
  5. CONTENT AND LICENSING
  6. TYPES OF SERVICE AND FEES
  7. TERMINATION OF ACCOUNTS
  8. INDEMNIFICATION
  9. DISCLAIMER OF WARRANTY
  10. LIMITATION OF LIABILITY
  11. CHOICE OF LAW AND VENUE
  12. CHOICE OF LANGUAGE
  13. NO WAIVER
  14. ENTIRE AGREEMENT
  15. VERSION OF THE TERMS OF SERVICE

1. USER AGREEMENT

1.1 These Terms of Service constitute an agreement between you (collectively "User" or "Users") and imagiLabs AB (collectively "imagiLabs", "we", "us" or "ours") that governs your use of imagi Edu and all associated services (collectively "Platform"). imagiLabs AB is a company that provides solutions for learning and teaching coding through creativity and self-expression. Our organization number is 559165-2655 and we are registered under the address imagiLabs AB, Medborgarplatsen 25, 118 72 Stockholm, Sweden. Please read the Terms of Service carefully. By registering for an account on the Platform, you affirm that you have read, understood, and accepted the terms and conditions in the Terms of Service. If you do not agree with any of these conditions, please do not use the Platform.

1.2 Your privacy is important to us. Please read our Privacy Policy, which identifies how we use, collect, and store information collected through the Platform. By using the Platform, you additionally agree that you are comfortable with our Privacy Policy.

1.3 We reserve the right to make changes to this Terms of Service at any time by giving notice to its Users on this page and possibly within this Platform and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to us. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. Should the changes affect processing activities performed based on the user’s consent, the Platform shall collect new consent from the User, where required.


2. ACCOUNT CREATION AND MAINTENANCE

2.1 To use the Platform, you will need to register and create an account. When registering for an account, you will be asked to provide certain personal information, such as your full name, email address, country, school name, and how you learned about us. Please see our Privacy Policy for the data retention and usage policies.

2.2 You are responsible for keeping your account secure. You are solely responsible for any use of your account, even if your account is used by another person. If any use of your account violates the Terms of Service, your account may be suspended or deleted.

2.3 If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure of your password), promptly change your password. If you cannot access your account to change your password, notify us at support@imagilabs.com.


3. RULES OF USAGE

3.1 You may not use the Platform in any way, that: Promotes bigotry, cyberattacks, discrimination, hatred, or violence against any individual or group; Threatens, harasses, or intimidates any other person, whether that person is a Platform user or not; Contains foul language or personal attacks; Contains sexually explicit or graphically violent material; Provides instructions on how to commit illegal activities or obtain illegal products; asks any other user for personally identifying information, contact information, or passwords; or Exposes any other person's personally identifying information, contact information, or passwords without that person's permission.

3.2 You agree to comply with all applicable laws and regulations when you use the Platform. You may not use the Platform in any unlawful way, including to harass, stalk, or defame any other person.

3.3 You may not impersonate, imitate, or pretend to be somebody else when using the Platform.

3.4 You agree not to use the Platform in any way intended to disrupt the Platform, gain unauthorized access to the Platform, or interfere with any other user's ability to use the Platform.

3.5 You agree to confirm your account's email address after you register your account.

3.6 imagi Edu takes protecting your security and privacy seriously and we have put several measures in place to protect the integrity of your information, including the use of access-controlled data centers, restricted employee access to user information, and data encryption in transit. In the event of a security breach, we will notify affected account holders within the amount of time required by law so that you can take steps to keep your data safe. 


4. USER-GENERATED CONTENT AND LICENSING

4.1 For the purposes of the Terms of Service, "user-generated content" includes any coding project that a user creates on the Platform.

4.2 All user-generated content published by you and your students in your private classroom are only accessible to you and your students in that given classroom. You may display, distribute, and reproduce your content from the Platform, through social media channels, and elsewhere.

4.3 Should your students publish inappropriate user-generated content within your private classroom on the Platform, it is your responsibility to remove any content that you find objectionable or offensive. You may do so by unpublishing the project. Student project drafts that are not published to your private classroom, will be visible to you as the teacher so that you can take appropriate measures should your students create inappropriate draft projects. In case a student account repeatedly publishes inappropriate user-generated content, the student account can be deleted from the student’s Edit student page.

 

5. CONTENT AND LICENSING

5.1 Except for any user-generated content, we and our licensors own and retain all rights in and to the Platform, the design, functionality, and architecture, and any software or content provided through the Platform (collectively "the imagiLabs IP"). We hereby grant you license to use our Platform in your private classroom for teaching purposes, including displaying user content. If you want to use the Platform in a way that is not allowed by these Terms of Service, you must first contact us. Except for any rights explicitly granted under these Terms of Service, you are not granted any rights in and to any imagiLabs IP.

5.2 We might provide support materials, including images, sounds, video, and sample code, to help Users build projects. Such support materials are licensed under Public Domain, Creative Commons Attribution-ShareAlike (3.0 or 4.0) license. You may also use screenshots of the Platform under the same license. Please note that this does not apply to materials that are licensed under the imagi Edu Pro access as described in part 6.1 below, and to materials also trademarked by us or other parties as described in parts 5.3 and 5.4, below. The Creative Commons Attribution-ShareAlike (3.0 or 4.0) license requires you to attribute any material you use to the original author. When you use our support materials or screenshots of the Platform, please use the following attribution: "By imagiLabs. See https://edu.imagilabs.com".

5.3 The imagiLabs and imagi name & logo are trademarks owned by us. Unless you are licensed by us under a specific licensing program or agreement, you may not use these logos to label, promote, or endorse any product or service. You may use the imagiLabs and imagi logos to refer to the Platform.

5.4 Our support materials library may contain images and sounds that are trademarked by third parties. The fact that these media are included in the support materials library does not in any way limit or reduce intellectual property rights, including trademark rights, otherwise available to the materials' owners. Nothing in these Terms of Service or the Creative Commons Attribution-ShareAlike (3.0 or 4.0) license will be construed to limit or reduce any party's rights in that party's valid trademarks. You may not use these materials to label, promote, or endorse any product or service. You are solely responsible for any violation of a third party's intellectual property rights caused by your misuse of these materials.

6. TYPES OF SERVICE AND FEES

6.1 You can choose to access our Platform for free or you may choose to subscribe to imagi Edu Pro, which will give you access to additional content such as lessons and curriculum created by imagiLabs. These materials are the property of imagiLabs and you may not distribute them further nor use them commercially unless otherwise agreed in writing.

6.2 If you subscribe to imagi Edu Pro you will need to pay the annual subscription fee (as specified at the time of subscription) to us directly via bank transfer or credit card, or we may use a third-party payment processor (“Payment Processor”). The processing of payment by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to these Terms of Service. We are not responsible for any errors by Payment Processors.

6.3 We will require payment of subscription fees for your continued access to imagi Edu Pro for each subsequent year on each anniversary of the date you subscribed for access to imagi Edu Pro (“Subscription Date”), unless you have emailed us at support@imagilabs.com at least 30 days’ prior to the Subscription Date letting us know that you do not wish to continue your subscription to imagi Edu Pro, or unless it was otherwise agreed in writing. Your imagi Edu Pro subscription automatically renews until canceled but you can cancel your subscription to imagi Edu Pro at any time (see section 7 for further information). 

6.4 We reserve the right to increase our subscription fees for subsequent years on 60 days’ notice prior to the Subscription Date. 


7. TERMINATION OF ACCOUNTS

7.1 We have the right to delete your account for violations of the Terms of Service. We reserve the sole right to determine what constitutes a violation of the Terms of Service. We reserve the right to delete any account used to circumvent prior enforcement of the Terms of Service. We reserve the right to delete accounts that are considered inactive, that is, accounts that have not had any interaction for 365 consecutive days. We reserve the right to delete accounts that have not verified their email address within 30 days.

7.2 If you would like to delete your imagi Edu account, you can do so directly by logging into your imagi Edu account and going to My Account > Manage Account > Delete Account or by emailing us at support@imagilabs.com.

7.3  If you have subscribed to imagi Edu Pro and wish to delete your account for convenience within your annual subscription period, you will not be entitled to a refund of any prepaid fees.  


8. INDEMNIFICATION

8.1 You agree to indemnify us and all our affiliates, employees, faculty members, fellows, students, agents, representatives, third-party service providers, and members of their governing boards (all of which are "imagiLabs Entities"), and to defend and hold each of them harmless, from all claims and liabilities (including attorneys' fees) arising out of or related to your breach of the Terms of Service or your use of the Platform.

8.2 For federal government agencies, provisions in the Terms of Service relating to Indemnification shall not apply to your Official Use, except to the extent expressly authorized by federal law. For state and local government agencies in the United States, Terms of Service relating to Indemnification shall apply to your Official Use only to the extent authorized by the laws of your jurisdiction.


9. DISCLAIMER OF WARRANTY

9.1 You acknowledge that you are using the Platform at your own risk. The Platform is provided "as is," and the imagiLabs Entities hereby expressly disclaim all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Platform. Without limiting the foregoing, the imagiLabs Entities disclaim all warranties, express and implied, regarding user-generated content and our events. The imagiLabs Entities and their third-party service providers do not represent or warrant that access to the Platform will be uninterrupted or that there will be no failures, errors or omissions, or loss of transmitted information, or that no viruses will be transmitted through the Platform.


10. LIMITATION OF LIABILITY

10.1 The imagiLabs Entities shall not be liable to you or any third parties for any direct, indirect, special, consequential, or punitive damages of any kind, regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of such damages. Without limiting the foregoing and to the extent permitted by law, the imagiLabs Entities shall have no liability to you or any third parties for damages or harms arising out of these Terms of Service, including user-generated content or our events. In the event the imagiLabs Entities are unable to exclude its liability to you under these Terms of Service, then to the extent permitted by law, the imagiLabs Entities’ liability to you under or in connection with these Terms of Service (whether in contract tort (including negligence), breach of statutory duty or otherwise) will (i) if you sign up for free access to the Platform or (ii) if you subscribe for imagi Edu Pro access, not exceed the higher of fees paid in the 12 month period that the claim arose.


11. CHOICE OF LAW AND VENUE

11.1 You agree that these Terms of Service and any dispute or claim arising out of or in connection with them, whether of a contractual nature or non-contractual nature, for all purposes, shall be governed and construed by the laws of Sweden, applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of the Terms of Service must be brought in a federal Swedish court. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

11.2 If you are a federal, state, or local government entity in the United States using the Platform in your official capacity and legally unable to accept the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms of Service and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of Sweden (excluding choice of law).


12. CHOICE OF LANGUAGE

12.1 If we provide you with a translation of the English language version of these Terms of Service, the Privacy Policy, or any other policy, then you agree that the translation is provided for informational purposes only and does not modify the English language version. In the event of a conflict between a translation and the English version, the English version will govern.


13. NO WAIVER

13.1 No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.


14. ENTIRE AGREEMENT

14.1 This document, together with all appendices, constitutes the entire Terms of Service and supersedes all previous agreements with us relating to the use of the Platform.


15. VERSION OF THE TERMS OF SERVICE

The latest update of the Terms of Service of imagi Edu was made on Feb 17, 2023, version: Terms of Service 1.0.1.