TERMS FOR THE USE OF EDURIO SERVICES AND WEBSITE

Welcome to the website of Edurio Ltd (“Edurio”) at www.edurio.com (“Website”).

The following terms for the use of the Edurio services and the Website (“Terms”) govern issues regarding the use of the Website and related matters, including access to and use of the content and the services included in the Website (“Services”).

By using Edurio’s Website and its associated domains, you agree to comply with these Terms, all applicable laws and regulations, and any other legal notices or conditions or guidelines posted on the Website which we may update without notice. By using the service, you represent that you are at least 18 years old and that you are legally able to enter into this agreement. If you are under the age of 18, you represent that you are at least 14 years old and that your parent or legal guardian consents to your use of the Services.

1. Creation and Use of an Account

1.1. To access the Services, each individual User (“User”) is obliged to create or be linked to an Account. Accounts may be defined for Individuals, Schools or Organisations. Users may also be Respondents who are linked to an Account but do not manage the Account.

1.2 To create an INDIVIDUAL, a SCHOOL or ORGANISATION ACCOUNT the USER has to request a unique registration link prepared by Edurio.

1.3 The types of Accounts may be modified or updated from time to time. Each type of Account and User has differing levels of access, ability to create and view surveys, and visibility of results. Details on Accounts and the respective features are available on the Website.

1.4 School and Organisation Accounts are created and managed by an Account Administrator. The Account Administrator is responsible for managing the Account, administering surveys and may access the results. By creating and administering an Account, its Administrator confirms that he or she is acting with the knowledge and authority of the respective School or Organisation. Account Administrators have responsibility to maintain the Accounts in their care and to inform Users and Respondents of the proper use of the Services.

1.5. Access to the Account is performed by using an appropriate password created for this purpose. This password is intended only for the User’s and/or Administrator’s access to the Services, including access to the results of the surveys conducted or organised by the User. Transfer of the password to any third party is not permitted. The Administrator of a School or Organisation Account shall manage passwords for Users linked to their respective accounts.

1.6. All Users, Account Managers and Respondents are responsible for complying with these Terms and using the Edurio Services for the purposes for which they are intended and in compliance with all relevant institutional rules and applicable laws. Edurio maintains the right to terminate access to its Services for non-compliance but does not have the duty to monitor the behaviour of individual Users, Account Managers and/or Respondents.

1.7. In order to ensure utmost objectivity within the Services when providing results of the surveys and data gathered during the course of the surveys, Edurio endures necessary and reasonable activities in order to ensure the anonymity of data received during the User’s surveys, limiting as much as possible the prospects for the User to identify or recognise Respondents that have participated in the User’s surveys.

1.8. By clicking on the link and completing a survey, Respondents consent to have their anonymous responses added to the survey results and viewed and analysed by the respective Account Holder that has ordered the survey. The Respondent will be duly informed by the Account Holder about the degree of anonymity of the individual response; unless Respondent is informed otherwise, Respondents’ identities are not linked to individual responses. The Respondent shall not complete the survey if he or she does not agree to have responses processed by the Account Holder in this way.

2. Privacy Policy

2.1. In the course of providing the Services and/or during creation or use of an Account, Edurio could access personally identifiable information about the User (“User Data”).

2.2 Acting in its capacity as a data controller for processing done for its own administrative processes, Edurio undertakes processing of User Data for the purposes specified in these Terms, which are necessary for establishing mutual obligations at the request and with the consent of the User, including the creation of the User’s account, and/or performing the duties and obligations specified in these Terms.

2.3. Edurio carries out processing of User Data based on consent provided by the User. Edurio is entitled to use User data to create and maintain an Account; to provide User support services; to ensure that survey participants receive information about surveys prepared by User; to ensure that User may access survey results, and to carry out analysis of the Services for development of changes and improvements to the Website and the Services.

2.4. User data shall be processed and stored as long as it is necessary for the purposes of providing the Services chosen by the User and/or as long as the User uses the Edurio User account.

2.5. The User is entitled to limit or object to the processing of User Data. Please note that this may lead to limitation or termination of use of the Services available to the User.

2.6. Edurio does not transfer nor sell User Data, nor the results of analysis and evaluations made on the basis of User Data, to third parties. For the purposes of research, statistics and marketing of the Services and to improve the Services, User Data may be used in an anonymised form.

2.7. Edurio has implemented and shall continue to maintain and execute appropriate technical and organisational measures to ensure processing of User Data in accordance with applicable law, as well as protecting User Data from accidental, unauthorised or illegal access, disclosure, tampering or loss.

2.8. Data processing takes place within the territory of the European Union and/or European Economic Area.

2.9. Acting in its capacity as data operator, at the direction of the User, Edurio conducts processing of data of persons that participate in the surveys prepared and communicated by the User. This processing includes informing the participants about User’s survey and providing the necessary information about the topic and goals of the User’s prepared survey, as well as to compile the results of the survey and render them available in the Website at the corresponding section of the User’s account.

2.10. The User recognises and confirms that:

2.10.1 In the event set forth in Article 2.9 of these Terms, the User acts in the capacity of a data controller and is fully responsible for processing of personal data conducted on its behalf and its compliance to the applicable law.

2.10.2. In respect to the processing of personal data of participants in the surveys prepared and communicated by the User, the User has sufficient and appropriate legal basis for the processing of such personal data in relation to use of the Services, as well as sufficiently informed such persons about the purpose and legal basis of personal data processing and ensured compliance to other applicable law.

2.10.3. The User acknowledges that measures taken by Edurio in respect to the protection of personal data processing are appropriate to protect personal data and prevent their unlawful processing.

2.11. In the event set forth in Article 2.9 of these Terms, the User has the obligation to timely notify Edurio in writing about any circumstances or issues that must be ensured in respect of processing of the particular personal data. In case if compliance with such circumstances or issues is not possible in the provision of the Services and/or is contrary to the obligations and conditions provided in these Terms, Edurio is entitled to immediately cease provision of the Services.

3. Analytics Tools and Cookies

3.1. To improve the functionality of the Website and make it more convenient, valuable and easier to use, Edurio may from time to time use external analytics providers. Such providers may include, but are not limited to, Google Analytics and others.

3.2. In order to improve the user experience, Edurio uses web browser text files that are known as cookies. Cookies are small data files that your web browser stores in your computer or mobile device. We use cookies to secure the functionality of the Website, which also includes following your navigation on the Website, as well as remembering the visitor. We use both our own cookies, as well as third-party cookies.

3.3. Cookies used in the Website are only connected to an anonymous User and its computer and are not linked to any User’s personal data. Cookies for the storage of personal information or transfer of information to third parties are not used in the Website. The User may turn off or delete cookies by changing the settings of the web browser, however, deletion of cookies could disrupt access to the Services.

4. Ownership of Content

4.1. All contents of the Website without any exceptions or limitations, that is, all information, data, texts, logos, icons, images, as well as the design and presentation of the Website, or any other audiovisual or audio content found therein, databases and software, are the property of Edurio or companies related to it or is being used in accordance to permissions of third parties that grant the intellectual property rights in order to use such intellectual property. Aforementioned content is protected by law, including, but not limited to:

4.1.1. Any trademarks noticeable in the Website, logos and/or distinguishing marks are the property or registered trademarks of Edurio or companies associated with the service.

4.1.2. The Edurio platform and computer software used in the Website and for the provision of the Services are the property of Edurio or companies related to it.

4.2. The User may not fully or partly reproduce, distribute, publicly disclose, modify or download and, in general, in any way use (images, texts, graphical designs, indexes, forms, etc.), content of the Website, as well as any of the databases or software, that are necessary for the visualisation and functioning of the Website, without the prior written consent of Edurio. This prohibition does not preclude the creation and downloading of User reports summarising survey results.

4.3. Modifying, adaptation, issuing of licence to third parties, decoding of source code, decompilation or any other harm to the software or platform is not permitted.

5. Suspension of Access

5.1. Any User or Account Holder may terminate the relevant Account at any time.

5.2. Edurio has the right to terminate or limit the use of the User Account and/or the Services without any compensation or previous warning in the following circumstances:

5.2.1. If the User in any way infringes or Edurio has valid reasons to consider that the User infringes or could infringe any of the Terms; or

5.2.2. If the User in any way uses or Edurio has valid reasons to consider that the User uses or could use the Services in illegal or inappropriate manner; or

5.2.3. In the event that a User account is not accessed for more than 12 months, Edurio may cease maintaining the particular account and all the information and data included therein, and delete of such information and data from systems used by Edurio. This does not include information and data that Edurio is required to store by law, or if such information and data is included in backup copies of Edurio information systems and it is not feasible to delete User Data from such backup copies.

5.2.4. In other circumstances that are specified in these Terms.

6. Changes and Updates

6.1. Edurio is entitled to change and update the content of the Website and any of its elements that are included in the design and configuration of the Website. If any changes are made to the Terms, they will be reflected in the updated version of the Terms.

6.2. Edurio carries out all necessary measures to ensure that the content and the services included in the Website are precise and up to date. Nevertheless, Edurio cannot guarantee that the content of the Website is always going to be updated.

6.3. Edurio continuously carries out substantive and technical changes and improvements to the Services, ensuring the diversity of use and compatibility of the Services to the desires and needs of the Users. Edurio is entitled exclusively in its discretion at any time to add or remove any functionalities or functions of the Services available in the Website.

6.4. Edurio is entitled from time to time to make any changes and/or amendments to the Terms.

6.5. In the event that the User does not consent to changes and/or amendments to the Terms or Services, the User may not continue using the Services and Edurio is entitled to immediately delete the account of the particular User and any content or other kind of information associated with this account. Continuing use of Edurio Services confirms that the User has agreed to these changes and/or amendments and that they are binding to the User.

7. Disclaimers and Limitations of Liability

7.1. This Website and all services related thereto are provided “as is.”

7.2. Any hyperlinks that could appear in the Website and that lead to third party websites are placed there only with the purpose of providing general recommendations, in order to enable access to other sources of information that User could be interested in. Edurio is not responsible for the terms of use, confidentiality and other terms or conditions of these websites, therefore all users are invited to review the particular terms, as they could differ to the terms applicable to the Website.

7.3. Subject to any requirements under the applicable law, Edurio is not responsible for the contents of links, damages or errors that could arise to the user’s computer system (hardware and software) from viruses when accessing or using the hyperlinks.

7.4. Edurio uses technological tools to avoid damage caused by computer viruses and other disruptions and to ensure the constant provision and quality of the Services. In any case, Edurio is not liable for possible damage or disruptions in User’s computer (hardware or software), that could be caused by a virus or other disruption after accessing or using the Website.

7.5. Edurio does not guarantee that the use of Website and provision of the Services shall be without interruptions and without errors. Edurio is not liable for interruptions in availability of the Website and the Services that are connected to technical errors, natural catastrophes and other natural disasters and for any damage or recovery of damages that are not reasonably foreseeable.

7.6. Subject to any exceptions stated under law, Edurio is not liable for any expenses, losses or damage (direct, indirect, specific, accidental, consequential, punitive, including, but not limited to, financial loss and loss of profit), that have arisen in any way in connection to the use of the Website and/or the Services.

7.7. In any case, the total liability for any claims arising out of these Terms, including any indirect guarantees, is limited to the amount of payment that the particular User has paid Edurio for the using of the Services, if such payment has been applied.

7.8. Edurio does not provide any confirmations or guarantees that the use of the Website and/or the Services complies with the desires and needs of the User. The Website and the Services are provided “as is.” Edurio and its related entities give no confirmations nor guarantees about their compliance to User’s needs and/or goals, and assume no liability in the event if the User’s desires do not match the actual Services provided.

7.9. If the User for any reason is not satisfied with the operations, functionality or security of the Website and/or the Services, the only and exclusive remedy for the User is ceasing the use of the Website and/or the Services.

8. Contracting Entity, Governing Law, Survival

8.1. The Website and the Services are provided by Edurio Ltd, company number 09672862, registered office at Edspace, Hackney Community College, Falkirk Street, London N1 6HQ, United Kingdom.

8.2. Use of the Website and the Services as well as these Terms are governed by the laws of the United Kingdom. Settlement of all related disputes is under the sole jurisdiction of the courts of England and Wales unless the User has contracted with Edurio SIA or Edurio Ltd Branch in Latvia, in which case use of the Website and the Services shall be governed by the laws of Latvia and all disputes related thereto shall be subject to the jurisdiction of the courts of Latvia.

8.3. If any provision of these Terms is held invalid, becomes null and void or inapplicable, it does not by any means affect the validity, legality and applicability of any other provisions that remain in force.

9. Support

9.1. In order to learn more about the Services and their functions, ask questions about the Terms or to receive assistance regarding an Account or the Services, please contact us at edurio@edurio.com.

Effective as of September 5, 2017