Terms of Use for Curipod

Last update: November 5th, 2024

PLEASE READ THIS DOCUMENT CAREFULLY

1. Introduction and Definitions

First of all, thank you for using Curipod 😊

1.1 This document sets out the terms for use of the Curipod software and website (from now refered to as the “Services” or “Curipod Platform”), . It governs how Curipod (sometimes referred to as “us”, “we” or “our”) provide our Services to Customers and Users. When we talk about Customers and Users we might also refer to “You” or “Your”.

1.2 Curipod is committed to transparency, which includes providing a Terms of Use that is understandable and written in plain language. Because this document represents our agreement with You about your use of our Services, please take the time to read this document.

1.3 Our Terms of Use (“Terms” or “Agreement”) also includes our Privacy Policy and Cookie Policy available at https://curipod.com, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the Services.

1.4 By accepting the Terms when purchasing and/or subscribing for the Services you receive a non-exclusive, non-transferable, revocable and limited in time right to use the Services with the functionality and limits included in your chosen Plan, hereinafter defined as a “License”.

1.5 By using our Platform in any manner You are expressly agreeing to, and give your consent to be governed by, these Terms. If you do not agree with these Terms or You do not wish to be bound by these Terms, you must not use or access our Services in any manner.

“Account” means the account you create using an email to access the Service

“Agreement” - Refers to this agreement.

“User” is a person who is using the Services, either by creating an Account or participating as part of an Audience.

“You” - We refer to you as a User.

“Organization” means a school, district, business or other organization purchasing Licenses.

“Presentation” means the presentations, lessons, activities or slides created with the Services

“Plan” means the version of the Services you pay for. Different versions included different features or limits described here: https://curipod.com/pricing

“Free Plan” means the Plan where You use the Services without paying for the Service, and where you are not part of an School & District Plan.

“Individual Subscription” means the Plan where You pay directly through Curipod for yourself or Your team

“School & District Plan” means a Plan where an Organization have a seperate license agreement and/or data processing agreement with us.

“License” - means the license granted to you as described in section 1.4 in this Agreement.

“Audience” means the individuals for which a Presentation is created and who are the respondents during a Presentation.

“Services” - means all services provided by Curipod.

“Curipod” is the company Curipod AS

“Curipod Discover” is a part of the Services where Presentations are shared publicly.

2. Age of Access

2.1. If you are under the age of 18 you may access the service by entering the PIN code provided by your teacher.

2.2. If you are a student above the age of 18 you may create your own User Account in accordance with the instructions of your school or district. Please review our Privacy Policy to learn how Curipod process your personal information.

2.3. Other age specific restrictions of access might be imposed from the school or district using the Service.

3. Code of Conduct

3.1 We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it’s better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves using our Services. These rules are all referred to as our “Code of Conduct.”

No Illegal Activity: This is about as simple as it gets. Do not use the Services for any illegal activity. Period. You are not allowed to use our Services to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity
No Bad Code: Do not use the Services to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner
No Spamming: Seriously. No one likes spam. We don’t like spam. We’re pretty sure that you don’t like your inbox cluttered with spam. You may not use the Services to engage in any activities that will result in sending spam to anyone using the Services.
No Exploitation: You will not use the Services to try to gather personal information on anyone.
No Impersonation of Curipod or its employees: Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of Curipod. You will not impersonate Curipod or any of its employees
No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and
No Use Other Than Intended: You may not use the Services or any content contained on the Platform for any purposes other than intended
If You violate this Code of Conduct we reserve the right to remove You from the Services. Whether conduct violates our Code of Conduct will be determined in Curipod’s sole discretion.

5. Course and Services Content

5.1 While we’re on the subject of ground rules, we should also discuss what content is prohibited on the Curipod Platform. For a number of reasons, there are certain subject matter types that we simply will not allow to be published on the Curipod Platform.

5.2 Curipod reserves the right to remove You and your content should your content contain material (determined, in our sole discretion) that is libelous, slanderous, pornographic, obscene, unlawful, threatening, defamatory, or otherwise objectionable or violates any party’s intellectual property or any other part of this Agreement

6. Intellectual Property and Your content

In operating our Platform, it’s important for us to make it clear who owns what. You are trusting us with your content and consistent with Curipod’s genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the Curipod community.

6.1 Curipod content: Content on the Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Curipod Content", and is and remains the sole property of Curipod. Curipod Content, including our trademarks, may not be modified by You in any way.

6.2 “Your Content” is content that You upload to, or create using our Services (e.g. Presentations, lessons, customizable lessons, AI-prompts etc.). Your Content is considered “Public User Content” unless you actively opt out, or you are part of an School & District Plan**.** If you wish to make content only visible to you, “Private Content”, you must actively change lesson settings, or the default settting in your profile page. We want to build a community where sharing is the norm, but where you still have the option of creating Private Content.

You retain ownership of all rights, including intellectual property rights by uploading your content to our Services for both Public User Content and Private Content.
Curipod may review your Public User Content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Curipod has no obligation to review anything that You upload.
By making Public User Content, you represent and warrant that the downloading, copying and use of the Public User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
For the School & District Plan, the default setting for content made by the users in your organization is set to Private Content.
By making Public User Content, you hereby grant to Curipod a perpetual (or, for as long as permitted under applicable law), non-exclusive, sub-licensable, transferable, royalty-free, irrevocable, fully paid, universal license to commercialize, use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute your Public User Content through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
Curipod needs this license because you own your content and Curipod therefore can’t display it across its various surfaces (i.e., mobile, web) without your permission.
This type of license also is needed to distribute your content across our Services. For example, if we want to showcase Public User Content on Curipod Discover. It is reproduced as versions on both our website and app, and distributed to multiple places within Curipod, such as the page where users can browse Curipod Discover. A modification might be that we show a snippet of your work (and not the full Presentation) in a preview, with attribution to you.
We will of course remove your personal data related to Public User Content on request.
“Your Results” are the text, images, videos, drawings made by participants during a Curipod lesson you host. Curipod will never publish Your Results.

6.3 As we asks others to respect our intellectual property rights, we respects the intellectual property rights of others. If you believe that material located on or linked to by Curipod violates your copyright, you are encouraged to notify Curipod by email at eirik@curipod.com. Curipod will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a User who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Curipod or others, Curipod may, in its discretion, terminate or deny access to and use of the Services.

7. Curipod’s General Rights In Operating Its Platform

7.1 Curipod reserves the following rights over the entire Curipod Platform: Curipod may modify, terminate, or refuse to provide Curipod Services at any time due to business considerations or other reasons, without notice. Curipod may remove anyone from the Curipod Platform at any time for any reason, solely in Curipod’s discretion. This right is not modified by any other section of this Agreement.

8. Third Party Communications

8.1 By using Curipod’s Platform, You may see Public User Content from from third parties (e.g. a teacher publish content to Curipod Discover). Curipod is not responsible for this content and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party content. Curipod assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party content.

9. Charges and Payment

9.1 The pricing plans available for the Service are available at the pricing page of curipod.com. All prices are exclusive of VAT, other taxes and potential tolls or import/export fees. We reserve the right to change the pricing and or the offering of each plan at our sole discretion. Your rights and obligations with respect to certain part of our Services will be based in part on the pricing plan you choose.

9.2 You can buy a School & District Plan or an Individual Subscription. What each plan includes is found on our website.

9.3 To purchase a School & District Plan, you can submit a purchase order. By submitting a purchase order, You agree to pay the fees owed in full within thirty (30) days of receiving an invoice from Us, unless otherwise specified on a quote you have received from us. You represent and warrant that you have the legal right to use all payment method(s) you provide to us. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY AND ALL PURCHASE ORDERS SUBMITTED BY YOU TO US AND FEES PAID BY YOU TO US IN CONNECTION WITH THE SERVICES ARE FINAL, NON-REFUNDABLE, AND NON-CANCELLABLE.

9.4 When you purchase an Individual Subscription, you expressly authorize us or our third-party payment processor to charge you for such Services. You represent and warrant that you have the legal right to use all payment methods that you provide to us.

9.5 Individual Subscription involve recurring fees (each, along with any applicable taxes and other charges are a “Subscription Fee”). Depending on which options you choose, those fees may recur each month, or year thereafter, at the then-current rate. Please note that our fees are subject to change, although we will notify you before we effect any change.

9.6 You may cancel your Individual Subscription at any time but please note that such cancellation will only be effective at the end of the then-current Subscription period. Unless required by law, you will not receive a refund of any portion of the subscription fee paid for the then-current subscription periond at the time of cancellation.

9.7 Subscription Fees do not include taxes, and you agree to: (a) pay all sales/use, gross receipts, value-added, GST, personal property, or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our income, employees, or real property; and (b) be responsible for any filing of any information or tax returns with respect thereto.

9.8 In the event that you fail to pay the full amount owed to us, we may limit your access to the Services, in addition to any other rights or remedies we may have.

9.9 Accounts are individual, meaning that one Account can only be used by one person and you agree not to permit any other person to your License.

10. Limitations of Liability

In running the Platform, we require that You understand and agree that Curipod is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that Curipod doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Curipod will be limited to a portion of the fees You have paid us. Our limitations of liability are as follows:

10.1 You agree that Curipod, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the Curipod Platform

10.2 You agree that Curipod shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications

10.3 Curipod is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command

10.4 Curipod does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code

10.5 The Curipod Platform is provided to You on an “As Is, As Available” basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the Curipod Platform

10.6 Curipod disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.

10.7 Curipod shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform

10.8 You agree that Curipod shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless Curipod , its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other Curipod policies, and copyright and other intellectual property law)

10.9 You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.

10.10. You may not assign Your rights under this Agreement without Curipod’s prior written consent

10.11 Should Curipod’s limitation of liability not be applicable, Curipod’s sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Curipod over the prior twelve (12) months directly preceding your claim, unless otherwise required by law

10.12 You agree that Curipod shall not be liable for any Public User Content that appears on the Platform

10.13. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity

10.14. You agree that any cause of action or claim that You may have against Curipod must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred

11. Changes to the Terms of Use

11.1 We may review and update this Terms of Use from time to time in our sole discretion. As such, your continued use of the Services after receipt of notification of changes to this Terms of Use is deemed to be acceptance of those changes. The notification will be provided in reasonable time before changes apply.

12. Disputes and governing laws

The Agreement is governed by the laws of Norway without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods. Norwegian law will apply to all matters relating to the use of our Services and the purchase of any products or services through the Platform.

Any action to enforce the Agreement shall be brought in the courts located in Oslo (Oslo tingrett), Norway. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

13. Titles/Headings

13.1 The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor Curipod shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.

14. Gender/Plural

14.1 Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.

Curipod AS – Org.Nr : 923 641 645 Email: eirik@curipod.com