Terms of Service
1. Terms of Service, Conditions
1.1 These terms and conditions ( “Terms”) govern the use of the web service StudyBee (together called “web service” and “User”), and who now or in the future is owned and operated by StudyBee AB ( “StudyBee”), a Swedish company.
1.3 StudyBee reserves the right to modify these Terms of Service. StudyBee will notify the user if changes are made by posting such information on StudyBee’s web service, on StudyBee’s website or through other appropriate means. Changes in personal data management that are required by StudyBee web service, are sent to a User’s specified email or through a pop-up when the service is started. If the User goes on and uses the service after this, the user has accepted the changes.
Usage and availability
2.1 Subject to the user to fully comply with these Terms of Service and, unless otherwise specified in these terms, StudyBee grants the User a non-exclusive, non-transferable, limited right to use and demonstrate the StudyBee’s web service and the material presented within this service.
2.2 The User may not modify, publish, transmit, distribute, display, or in other ways participate in the transfer of usage or sale, further develop or otherwise commercialize StudyBee’s web service (for example, in printed form or on any other website or computer), either in whole or in part, any of the content of StudyBee’s web service without having first obtained StudyBee’s written consent. The user has no ownership rights to material downloaded from the web service, except the user’s own personal information.
2.3 StudyBee is entitled to, at its sole discretion, order the evaluating User to terminate the web service without this being liable for any damages. StudyBee owns the right, in its sole discretion, to notify the User, modify or modify the web service in such a way that it does not conflict with the Personal Data Assistant Agreement agreement StudyBee has with the evaluating User, without giving rise to any damages.
3.2 The User undertakes to provide StudyBee with the correct and complete information required for registration regarding name, e-mail address, school. The User undertakes to ensure that such information and other information provided by the User with StudyBee is updated continuously to ensure that they are accurate and current. The user also undertakes not to create a false or misleading identity on the web service instead of his / her own.
3.3 If StudyBee cancels or suspends the user’s account, the user agrees not to register again on the web service with the use of a different name or in any other way. If StudyBee has reason to believe that the user account already has been repealed, then StudyBee reserves the right without notifying the user thereof, to terminate any new accounts that the user registers. StudyBee reserves the right to use other procedures to prevent such re-registration in accordance with these Terms of Service, or the law.
3.4 The user undertakes to immediately notify StudyBee if the user becomes aware of, or suspect, that someone other than the user has access to the user’s account.
3.5 The User agrees not to transmit any material to StudyBee’s web service that can contain viruses or other malware that can limit or break the functionality of the software and/or hardware. The user is liable for and shall reimburse StudyBee for any claims made against StudyBee as a result of the user’s intentional or grossly negligent failure to comply with this obligation.
4.1 If the user uses a free version of StudyBee’s web service, StudyBee reserves the right to limit or suspend the user’s access to StudyBee’s web service, without notifying the user.
4.2 StudyBee is entitled to immediately turn off the Evaluating User’s User Account, thereby blocking the User’s access to such information and such files and to the Web Service if: The User at any time fails to comply with these Terms of Service, or in particular if the User specifies information that is false, incorrect or incomplete or if StudyBee on reasonable grounds has reason to suspect that is the case.
Regarding information entered into StudyBee web service by the user
6.1 Parts of the information submitted by the User to the web service are processed by StudyBee in accordance with the Personal Data Assistant Agreement we established with the User.
FERPA and California AB 1584.
Regarding FERPA and California AB 1584 (Buchanan) Privacy of Pupil Records: 3rd-Party Digital Storage & Education Software (Education Code section 49073.1), StudyBee will abide by the following:
- Student records obtained by StudyBee from an educational institution continue to be the property of and under the control of the educational institution. The educational institution retains full ownership rights to the personal information and education records it provides to StudyBee.
- StudyBee users may retain possession and control of their own generated content by StudyBee.
- Parents, legal guardians, or eligible students may review personally identifiable information in the student’s records and correct erroneous information by contacting their educational institution. Additionally, StudyBee users may access, correct, update, or delete personal information in their profile by signing into StudyBee, accessing their StudyBee account, and making the appropriate changes.
- StudyBee is committed to maintaining the security and confidentiality of student records. Towards this end, we take the following actions: (a) we limit employee access to student data to only those employees with a need to such access to fulfil their job responsibilities; (b) we conduct background checks on our employees that may have access to student data; (c) we conduct regular employee privacy and data security training and education; and (e) we protect personal information with technical, contractual, administrative, and physical security safeguards in order to protect against unauthorized access, release or use.
- In the event of unauthorized disclosure of a student’s records, StudyBee will (1) promptly notify Users unless specifically directed not to provide such notification by law enforcement officials. Notification shall identify: (i) the date and nature of the unauthorized use or disclosure; (ii) the Private Data used or disclosed; (iii) general description of what occurred including who made the unauthorized use or received the unauthorized disclosure; (iv) what StudyBee has done or shall do to mitigate any effect of the unauthorized use or disclosure; (v) what corrective action StudyBee has taken or shall take to prevent future similar unauthorized use or disclosure; and (vi) who at StudyBee the User can contact. StudyBee will keep the User fully informed until the incident is resolved.
- StudyBee will delete or de-identify personal information when it is no longer needed, upon expiration or termination of our agreement with an educational institution with any deletion or de-identification to be completed according to the terms of our agreement with the educational institution, or at the direction or request of the educational institution.
- StudyBee agrees to work with the educational institution to ensure compliance with FERPA and the Parties will ensure compliance by providing parents, legal guardians or eligible students with the ability to inspect and review student records and to correct any inaccuracies therein as described in statement (4) above.
- StudyBee prohibits using personally identifiable information in student records to engage in targeted advertising.
6.2 StudyBee AB investigates all complaints of inappropriate material entered into our web services such as racist and illegal material or material that violates copyright laws. StudyBee reserves the right to remove any material that violates applicable law or the Personal Data Assistant Agreement we have established with the User.
Links, products, and services from third-party web services
7.1 These Terms of Service only apply when using StudyBee’s extensions to Google Chrome. The Terms of Service are not applicable to other web pages or services owned or operated by any other physical or legal person. StudyBee or third parties may provide links to other websites, web applications, and other sources of information than StudyBee web service. StudyBee is not responsible for the availability of such external sites or sources of information and StudyBee AB is not responsible or liable for damages caused by material on or from such websites, web applications or information sources.
7.2 The user may from time to time be offered to order products or services from third parties through StudyBee web service. All transactions and affairs relating to products and services between the User and third parties are solely between User and such third party.
Data Warranty and backup
8.1 StudyBee does not guarantee uninterrupted access to the web service and can not be held responsible for interruptions in the availability or failure of web service caused by events beyond the control of StudyBee AB. StudyBee is not responsible for any loss of data due to events beyond StudyBees control.
8.2 All data that is removed from or altered by User in StudyBees web service is stored on our backup servers for at least 7 days. After 7 days, data cannot be restored. The user may at any time within this 7 day period contact StudyBee to restore altered or deleted data. A user can at any time contact StudyBee to permanently delete data User entered within the 7-day period.
8.4 All data communication in StudyBee web service is done with Hypertext Transfer Protocol Secure (https). To gain access to StudyBee user must also log in via Google Classrooms API. All data communication to and from the user’s computer is encrypted with https.
Limitation of Liability for non-paying users
9.1 StudyBee is not responsible for loss, damages or other consequence that may affect the User due to delayed, damaged or corrupted data, interruptions, undelivered data, incorrectly delivered data or similar events.
Transfer of ownership
10.1 StudyBee may transfer ownership of all or parts of StudyBee’s web service to third parties, in which case the User will be informed in good time and get the opportunity to cancel User’s account on StudyBee web service.
Disclaimer regarding the web service functions
11.1 StudyBee web service is intended to help the user in teaching and learning processes. StudyBee is no educational organization and its staff can not give user councils in educational assessment processes. No functions on the web service shall be deemed to constitute such advice.
12.1 Evaluating User can become a customer at StudyBee at any time. If the User does not become a customer at StudyBee during or after the evaluation period, the User may not access certain products, offers, features, or resources on the web service.
Copyrights and Trademarks
13.1 The User acknowledges that StudyBee web service contains material which is owned by StudyBee, that this material is protected as intellectual property through copyright, database right, patent, trademark and/or other proprietary rights.
13.2 All material produced by StudyBee is protected by copyright under Swedish copyright law (and, if applicable, similar foreign law) and StudyBee owns (or has been licensed to) the copyright of such content.
13.3 All trademarks on the web service are the property of their respective owners. StudyBee’s company name and the registered trademark owned by StudyBee AB.
14.1 These Terms of Service shall be governed and construed in accordance with the Consumer Services Act and general principles of contract law. Disputes arising from the User’s use of StudyBee web service shall be settled in a Swedish court.
14.2 If any provision of these Terms is illegal, invalid or otherwise become inoperative such provision shall be considered as separate from all other provisions, and such separation shall not affect the validity and enforceability of the remaining provisions. In such case, the invalid provision shall be replaced with a valid provision which the parties would have agreed to achieve the same results, both financially and otherwise.