If you are not in the United States, these End User Terms (these “Terms”) describe the terms and conditions by which you may access and/or use the website(s), including https://seesaw.com/, and any successor URL(s) (the “Sites”), the companion mobile applications for Apple and/or Google (as each of those terms is defined below) devices (the “Apps”), and any and all related software, documentation, and online, mobile-enabled, and/or digital services (collectively, including the Sites and the Apps, the “Service”) provided by Seesaw Learning, Inc. (including its successors and assigns, “Seesaw” “we,” “our,” or “us”). By accessing and/or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms. These Terms apply to all visitors and users of the Service, including but not limited to, teachers accessing the Service on behalf of a school, and parents or legal guardians of students who are enrolled in classrooms created by teachers (“Family Member”), and to all others who access the Service (collectively, “Users,” and, as applicable to you, “you” or “your”).
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
1. How We Administer the Service
1.1 Eligibility. The school, school district, school governing body, local authority or other body authorized to enter into agreements for the supply of services to schools, or (in the case of our Seesaw Plus Membership only) the Teacher, with which the student (of whom you are a Family Member) is (or was) affiliated (the “Customer“) has entered into an agreement with Seesaw under which you are permitted to access and use the Service, subject to these Terms. This is a contract between you and Seesaw. You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a legally binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”). If you are a Family Member of a User, you are subject to these Terms and responsible for such User’s activity on the Service. With respect to the Family Member of a User, “you,” as used in these Terms in the context of a license grant, assignment, restriction, obligation, acknowledgment, representation, warranty, or covenant, or in any similar context, means “the Family Member, on behalf of itself and any User of which it is a Family Member,” and “your” has the corresponding meaning. The Service is not available to any Users we previously removed from the Service.
1.2 User Accounts
- (a) Your User Account. Your account on the Service (your “User Account”) gives you access to certain services and functionalities that we may, in our sole discretion, establish and maintain as part of the Service from time to time. We may maintain different types of User Accounts for different types of Users.
- (b) Connecting Via Third-Party Services. By connecting to the Service via a third-party service, you give us permission to access and use your information from that service, as permitted by that service, and to store your log-in credentials and/or access tokens for that service. Without limiting the foregoing, with respect to any use of Google OAuth to login to your User Account and any use of Google Classroom as integrated with the Services, you agree to comply with the Google APIs Terms of Service and such other terms and conditions as Google may provide from time to time.
- (c) Account Security. You may never use another User’s User Account without such User’s permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, you will keep your User Account password(s) and/or any other authentication credentials secure, and you will not share your password(s) and/or any other authentication credentials with anyone else. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) to protect your User Account. We will not be responsible for any losses caused by any unauthorized use of your User Account and/or any changes to your User Account if you give someone else access to your User Account or do not keep your authentication credentials secure. You must notify us immediately of any breach of security or unauthorized use of your User Account..
- (d) Account Settings. You may control certain aspects of your User Account and any associated User profile, and of the way you interact with the Service, by changing the settings in your settings page. We may use the email address you provide when you create your User Account to send you Service-related notices, including any notices required by Applicable Law.
1.3 Your Interactions with Other Users. You are solely responsible for your interactions, including sharing of information, with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
2. Access to the Service; Service Restrictions
2.1 Access to the Service. Subject to your compliance with these Terms and any documentation we may make available to you, we grant you a non-exclusive, limited, non-transferable, and freely revocable license to access and use the Service, solely for your personal use, strictly as permitted by the features of the Service.
2.2 Ending Access to the Service. If we determine that you have clearly, seriously, or repeatedly breached the Terms we may suspend or permanently disable your access to the Service. We may also disable or delete your User Account if you repeatedly infringe other people’s Intellectual Property Rights or where we are required to do so for legal reasons. We may also withdraw the Service and/or end your access to the Service for any reason as long as we give you at least 30 days’ written notice that we plan to do this. You can de-activate your User Account at any time.
2.2 Restrictions and Acceptable Use. Except to the extent a restriction is prohibited by Applicable Law, you will not do, and will not assist, permit, or enable any third party to do, any of the following:
- (a) disassemble, reverse engineer, decode, or decompile any part of the Service;
- (b) use any robot, spider, scraper, off-line reader, data mining tool, data gathering or extraction tool, or any other automated means to access the Service in a manner that sends more request messages to the servers running the Service than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Seesaw grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of, but not caches or archives of, such materials);
- (c) use any content available on or via the Service (including any caption information, keywords, or other metadata) for any machine learning and/or artificial intelligence training or development purposes, or for any technologies designed or intended for the identification of natural persons;
- (d) copy, rent, lease, sell, loan, transfer, assign, sublicense, resell, distribute, modify, alter, or create derivative works of any part of the Service or any of our Intellectual Property (as defined below), including, without limitation by any automated or non-automated “scraping”;
- (e) use the Service in any manner that impacts (i) the stability of the servers running the Service, (ii) the operation or performance of the Service or any User’s use of the Service, or (iii) the behavior of other applications that use the Service;
- (f) take any action that imposes, or may impose (as determined by us, in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
- (g) use the Service in any manner or for any purpose that (i) violates, or promotes the violation of, any Applicable Law, contractual obligation, or right of any person, including, but not limited to, Intellectual Property Rights (as defined below), privacy rights, and/or rights of personality, (ii) is fraudulent, false, deceptive, or defamatory, (iii) promotes hatred, violence, or harm against any individual or group, or (iv) otherwise may be harmful or objectionable (in our sole discretion) to us or to our providers, our suppliers, Users, or any other third party;
- (h) use or display the Service in competition with us, to develop competing products or services, for benchmarking or competitive analysis of the Service, or otherwise to our detriment or disadvantage;
- (i) access any content available on or via the Service through any technology or means other than those provided by the Service or authorized by us;
- (j) bypass the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or any portion thereof;
- (k) attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Service;
- (l) use the Service to transmit spam, chain letters, or other unsolicited email;
- (m) use the Service for any commercial solicitation purposes;
- (n) transmit invalid data, viruses, worms, or other software agents through the Service;
- (o) impersonate another person or entity, misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use the Service for any invasive or fraudulent purpose;
- (p) collect or harvest any personal information, including Users’ names, from the Service; or
- (q) identify or refer to us or to the Service in a manner that could reasonably imply a relationship that involves endorsement, affiliation, or sponsorship between you (or a third party) and us without our prior express written consent.
- (a) you have the written consent of each and every identifiable natural person referred to or mentioned in the User Content, if any, to use such person’s name, voice, and likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use;
- (b) you have obtained, and are solely responsible for obtaining, all consents required by Applicable Law to post User Content relating to third parties;
- (c) your User Content and our use thereof as contemplated by these Terms and the Service will not violate any Applicable Law or infringe any rights of any third party, including, but not limited to, any Intellectual Property Rights and privacy rights;
- (d) your User Content does not include any information or material that a governmental body deems to be sensitive or classified information, and your provision of User Content in connection with the Service is not violative of any confidentiality rights of any third party;
- (e) we may exercise the rights to your User Content granted to us under these Terms without liability for payment of any guild or other fees, residuals, payments, or royalties payable under any collective bargaining agreement or otherwise;
- (f) your User Content does not include nudity or other sexually suggestive content; hate speech, threats, or direct attacks on an individual or group; content that is abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy; sexist or racially, ethnically, or otherwise discriminatory content; content that contains self-harm or excessive violence; fake or impostor profiles; illegal content or content in furtherance of harmful or illegal activities; malicious programs or code; any person’s personal information without such person’s consent; spam, machine-generated content, or unsolicited messages; and/or otherwise objectionable content; and
- (g) to the best of your knowledge, all User Content and other information that you provide to us is truthful and accurate.
5. Privacy; Data Security
5.1 Privacy. We care about your privacy. Please ensure that you read and understand our International Privacy Notice before accessing the Services.
6. Additional Terms for Apps
6.1 General. This section 6 applies when you download and use any App.
6.2 Relationship. These Terms set out the terms of your agreement with us, and do not apply to your relationship with Apple, Inc., Google Ireland Limited, or any other provider of an app store or distribution platform (an “App Store“) from which you download the App (the “Store Provider“).
6.3 Responsibility for Service. Seesaw, and not the Store Provider, will be solely responsible for the Service, any content that Seesaw makes available through the Service and any support or maintenance in respect of the Service. The Store Provider will have no obligation to provide any maintenance or support services with respect to the Service.
6.4 Responsibility for non-compliance Seesaw, not the Store Provider, will be solely responsible if the Service does not comply with any warranties or other promises (including any promises made in respect of its functionality, suitability or fitness for purpose). To the maximum extent permitted by law, the Store Provider will not be responsible to you for any claims in relation to the Service.
6.5 Intellectual Property Infringements. In the event of any claim that the Service infringes another person’s Intellectual Property Rights, Seesaw, not the Store Provider, will be solely responsible for investigating, defending, settling or otherwise dealing with any such intellectual property infringement claim.
6.6 Your acknowledgements. You acknowledge that you are not:
- (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- (b) listed on any U.S. Government list of prohibited or restricted parties.
6.7 Each Store Provider (and members of its corporate group) is a third party beneficiary under these Terms and has the right to enforce these Terms against you.
7. Your Use of Third-Party Services
The Service may contain links to third-party sites, materials, and/or services (collectively, “Third-Party Services”) that are not owned or controlled by us, and certain functionalities of the Service may require your use of Third-Party Services. If you use a Third-Party Service in connection with the Service, you are subject to and agree to, and must comply with, the third party’s terms and conditions made available via, or agreed in connection with, its services. We do not endorse or assume any responsibility for any Third-Party Services.
8. Our responsibility to you
8.1 What we are responsible for. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in the Terms is intended to exclude or limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or affect your statutory rights in the laws in your country of residence.
8.3 Unavailability. We will exercise reasonable care and skill in providing the Service to you but, due to the nature of the internet and technology, any features of the Service may be unavailable if we need to undertake any emergency or scheduled maintenance on our systems. This means that we are unable to promise that your use of the Service will be uninterrupted, without delay, error-free, or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms.
9. Resolving Disputes; Governing Law and Jurisdiction
9.1 Disputes between you and us. If you have any concerns with the Service, please speak to the Customer in the first instance. If they are not able to resolve the concern, and you have a dispute with us regarding the Service, we would welcome the opportunity to make things right. You can notify us of any dispute by contacting us at legal@seesaw.me. In the unlikely event that we are not able to resolve a dispute informally, we will discuss and agree with you on the most effective way of resolving the dispute.
9.2 Governing law and jurisdiction – users from the EEA and UK. If you are in the European Economic Area or the United Kingdom, these Terms of Service are governed by the law of the country in which you are resident, and we agree that any dispute arising from or related to the contract between you and us for the provision of the Service will be heard in the courts of that country. If you are in Scotland or Northern Ireland, this means that you can also have your dispute heard in the Scottish or Northern Irish courts.
9.3 Governing law and jurisdiction – users outside the EEA and UK. If you are outside the European Economic Area or the United Kingdom, English law will apply to the Terms of Service, their subject matter and their formation, and you agree that we may bring claims before the courts of England and Wales. This does not affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your use of the Service heard in the courts of that country.
10. General Provisions
10.1 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent. We may assign these Terms and any rights and licenses under these Terms to another party. If we do so, we will notify you and the party to which we assign these Terms will be responsible for fulfilling our obligations under these Terms.
10.2 Notification Procedures. We may provide notifications, whether such notifications are required by Applicable Law or are for other business-related purposes, to you via email notice or written or hard copy notice, or through posting of such notice on the Site(s) and/or App(s). We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification, as required under Applicable Law or as described in these Terms. Please make sure to ensure that your email or network provider does not apply any automatic filtering to our emails, as we may send important notifications to your email address. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
10.3 Changes to these Terms. We may modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms, we will update the ‘last modified’ date at the top of this page and notify you that changes have been made to these Terms. These Terms apply to and govern your access to and use of the Service effective as of the start of your access to the Service, even if such access began before publication of these Terms. Your continued use of the Service after any change to these Terms constitutes your acceptance of the new Terms. If you do not agree to any part of these Terms or to any future Terms, do not access or use (or continue to access or use) the Service.
10.4 Entire Agreement. These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service.
10.5 Severability. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
10.5 No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
10.6 Third Parties. No other party other than you and us has any rights to enforce any term of these Terms.
10.7 Contact. If you have any questions about these Terms and/or the Service, please contact us here