Last Updated November 2, 2022
Introduction
These terms and conditions (“Terms and Conditions”) govern your use or access of Amesite Inc. (the “Platform”), including all content, information, and functionality displayed or available through the Platform, as provided by Amesite, Inc. (“Amesite” “we,” or “us”).
By using or accessing the Platform, you agree to be bound by all the Terms and Conditions set forth herein on behalf of yourself and all members of your household or others who use the service under your account, including without limitation our Privacy Policy and any supplemental terms, legal notices, and other communications provided to you, all of which are incorporated into these Terms and Conditions by reference.
You should read these Terms and Conditions carefully as they contain important information related to your legal rights, remedies, and obligations in connection with your use of the Platform.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY STOP ACCESSING OR USING THIS WEBSITE. BY USING THE SITES AND/OR SERVICES, YOU HAVE AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
We reserve the right to modify or change these Terms and Conditions without notice. Your use of the Platform is subject to the most current version of the Terms and Conditions posted on the Platform at the time of your use.
Communication
By providing your email address, phone number, or other points of contact through the Platform, you agree that Amesite may communicate with you electronically or over the phone. You agree to receive communications from or on behalf of Amesite at any email address, phone number, or other point of contact you provide through the Platform. You further agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were provided to you in writing.
Use of Website Materials
We own and/or license all content and other materials on the Platform, including but not limited to all text, designs, logos, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively “Materials”). The Materials are copyrighted and/or trademarked, and any unauthorized use of the Materials may violate copyright, trademark, and/or other laws.
You may view, access, download or print hard copies of the Materials for your personal, educational, and non-commercial use only. You may not change the Materials in any way or reproduce, publicly display, distribute, or otherwise use them for any public or commercial purpose. We strictly prohibit any use of the Materials for any purpose not specifically identified or authorized in these Terms of and Conditions or expressly permitted by Amesite.
Privacy and Protection of your Information
Your privacy is important to you and Amesite. Our Privacy Policy explains how we may collect and use information from and about you when you visit the Platform.
Digital Millennium Copyright Act
Any copyright owner or its agent that believes that any Materials or other content on the Platform infringes upon its copyright(s) should give written notice to Amesite’s authorized agent, listed below, in accordance with the Digital Millennium Copyright Act (“DMCA”). The notice to Amesite shall contain the following information:
A physical or electronic signature of the copyright owner or the individual authorized to act on behalf of the owner of a copyright that has allegedly been infringed upon;
Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit Amesite to locate the material;
The contact information of the copyright owner or the individual authorized to act on behalf of the copyright owner, such as an address, telephone number, and, if available, an email address;
A statement that the copyright owner or the individual authorized to act on behalf of the copyright owner has a good faith reasonable belief that the particular use of the identified material is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate, and that the individual submitting the notice is authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Any copyright owner or its agent may provide written submissions of alleged infringements of alleged infringements to Amesite’s designated Copyright Agent, [email protected]. A notice may not be valid if it fails to comply with all of the above-listed requirements.
Intellectual Property
Trademarks, logos, and service marks displayed or otherwise used on the Platform, including, but not limited to “Amesite” (collectively the “Intellectual Property”), are registered trademarks of Amesite. The Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to Amesite, or its licensors, affiliates, principals, or partners.
Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed on the Platform without the written permission of Amesite or the third party that may own the Intellectual Property displayed on the Platform. Your misuse of the Intellectual Property displayed on the Platform is strictly prohibited. Amesite will aggressively enforce its intellectual property rights to the fullest extent of the law.
Eligibility
By using or accessing the Platform, you represent that you are at least 18 years of age and capable of agreeing to these Terms and Conditions, for yourself and as a parent/guardian on behalf of any person under the age of 18 upon whose behalf you act.
Use Code of Conduct
You agree that you will not:
· Use the Platform in any unlawful or inappropriate manner, as determined by Amesite in their sole discretion, or in any other manner that could damage, disable, overburden, or impair the Platform;
· Use automated scripts to collect information from or otherwise interact with the Platform;
· Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your qualifications, and/or your affiliation with any person or entity;
· Publish, upload, display, or transmit or otherwise make publicly available on the Platform any private information of any third party, including but not limited to addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers.
Accuracy of Information
Amesite believes but does not guarantee that all of the information that appears on the Platform or in any e-mail or other alerts or communications provided in connection with the Platform is accurate. Notwithstanding the foregoing, we recommend that you independently verify all information prior to making any educational or educational financing decisions.
Hyperlinks
The Platform may contain links to other websites (“Third Party Links”) that we provide solely as a convenience to you during your use of the Platform. Amesite does not endorse such websites and is not responsible for any content contained therein. If you decide to access any Third Party Links, you do so entirely at your own risk.
Disclaimers and Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE FUNCTIONS OF THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, AMESITE, ITS SUBSIDIARIES, AGENTS, AFFILIATES, AND/OR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS;
(B) YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR;
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE;
(D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE PLATFORM WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED BY OR THAT YOU OTHERWISE OBTAIN THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMESITE, OR THROUGH OR FROM THE FUNCTIONS OR YOUR USE OF THE PLATFORM, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS AGREEMENT.
AMESITE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AMESITE, ITS SUBSIDIARIES, AGENTS, AFFILIATES, AND/OR LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
· (I) ANY CHANGES WHICH AMESITE MAY MAKE TO THE PLATFORM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PLATFORM (OR ANY FEATURES WITHIN THE PLATFORM);
· (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PLATFORM; OR
· (III) YOUR FAILURE TO PROVIDE AMESITE WITH ACCURATE INFORMATION.
THESE LIMITATIONS ON AMESITE’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT EITHER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT AMESITE’S WARRANTY OR LIABILITY FOR LOSSES, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND AMESITE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Applicable Laws
You acknowledge and agree that any and all disputes, claims, and causes of action arising out of, or in connection with, in whole or in part, your use of the Platform shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Washtenaw County, Michigan. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, your rights and obligations, or the rights and obligations of Amesite, shall be governed by, and construed in accordance with, the laws of Michigan, without giving effect to any choice of law or conflict of law rules (whether of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Michigan.
Indemnification
You agree to indemnify, defend, and hold harmless Amesite, its subsidiaries, agents, affiliates, and/or licensors against any claim, liability, expense, or damages arising from or relating to your use of the Platform. Your obligation to defend and indemnify Amesite shall survive the termination of your use of the Platform.
Severability
The various provisions contained within the Terms and Conditions and Privacy Policy are separate and independent, and should any term be declared unlawful, invalid, or unenforceable for any reason by a court or other appropriate tribunal, the remaining provisions and terms shall remain in full force and effect.
Entire Agreement
The Terms and Conditions and Privacy Policy shall constitute the entire agreement between you and Amesite with respect to the Platform. The Terms and Conditions and Privacy Policy shall be binding on the parties and their respective successors and assigns.
Questions and Contact Information
If you have any questions or comments related to the Platform, please contact Amesite at [email protected].
Amesite Privacy Policy
Last Updated November 2, 2022
Your privacy is important to Amesite. Our Privacy Policy lets you know how we collect, use, disclose, transfer, and store your data on the Platform, whether by use of web-based access or mobile applications.
Your use of the Amesite Platform (the “Platform”) is enabled by licensing of the Platform by, and branding to, your Provider. Examples of Providers include universities, businesses, museums or other nonprofits, or government agencies who deliver digital learning or other experiences through use of the Platform. All data available to and used by Amesite may also be made available to and used by your Provider. Amesite does not restrict the use of your data by your Provider. This policy applies only to Amesite’s use of your data.
Amesite integrates third party commercial software products to provide you with certain services. Data you generate through use of these integrated commercial software products is governed by the terms of use of the commercial software provider and is not governed by Amesite’s privacy policy. Amesite makes best-efforts to integrate with commercial software providers who do not sell or share your data.
Amesite licenses industry-leading third-party software products, who process and store limited personal data on Amesite’s behalf, to provide our services. Amesite does not sell our customer’s data. Amesite requires that parents or guardians provide consent for collection, use, and redisclosure of personal data for users under the age of 18.
By consenting to use of the Platform, for yourself or as a parent/guardian, you authorize Amesite to collect personal information and personal performance information as defined under Children’s Privacy Policy and Community Guidelines for Parents.
In accordance with FERPA, a parent or eligible student enrolled in educational programs on the platform which receive funding through the U.S. Department of Education may inspect and review the student’s education records by reaching out to the Provider. Amesite will work with Providers to ensure the educational records are provided within 45 days of having received a request. Where parents or eligible students request amendments to educational record through the Provider, which are held by Amesite, Amesite will work with the Provider to ensure the amendments are executed.
Please review our Privacy Policy and contact us if you have any questions.
Collection and Use of Personal Information and Personal Performance Information through the Platform
· Personal Information are data that can be used to identify or contact you.
· Personal Performance Information are data collected from your use of the Platform.
· Amesite and your Provider may share Personal Information and Personal Performance Information according to this Privacy Policy.
· Amesite may use your Personal Information and Personal Performance Information along with other information to provide and improve our products, services and content.
· Amesite will not provide your Personal Information or your Personal Performance Information to commercial third-parties.
· Amesite will not provide your Personal Information or your Personal Performance Information to non-commercial third-parties, without your express consent.
Here are some examples of the types of Personal Information and Personal Performance Information Amesite may collect and how we may use it:
What Personal Information and Personal Performance Information we collect
· When you enroll in an online experience from your Provider, your Provider may share Personal Information including your educational credentials (e.g. student ID number, e-mail address, corporate / organizational ID number, name, phone number, street address, IP address) with Amesite. Additionally, you may provide additional Personal Information to us directly, such as photographs, social network usernames, resumes, and the like.
· When you take an online course or courses or consume other digital experiences on the Platform (hereafter generically referred to as “course” or “courses”), Amesite may collect Personal Performance Information including: course identifiers, your course performance data (e.g. test and assignment grades; when / where / how you study course materials); your communications through the Platform; third-party articles / searches performed and web links you view through the Platform; or other types of information on your habits or choices. This information is associated with your Personal Information.
· The Personal Information we collect allows us to keep you posted on course-related data including: lecture and event reminders, homework deadline schedules, testing schedules, tutorial and group study sessions, communication notices, course and lecture tips, suggestions of additional resources, and provide advice to you on how to improve your course performance. If you do not want such notices, you can opt out anytime by updating your preferences on the Platform.
How we use your Personal Information and Personal Performance Information
· From time to time, we may use your Personal Information: to send important notices, such as communications about Platform service issues, changes to our Terms and Conditions of Service and Privacy Policy, Provider notices; to investigate and take action regarding activities contrary to our Terms and Conditions of Service, and activities that are illegal or fraudulent; and to promote and review performance of the Platform services; to customize your experience; and for other business activities related to our business. Because such information is important, you may not opt out of receiving these communications.
· The Personal Performance Information we collect are for Amesite business purposes such as auditing, data analysis, user modeling and research to improve the Platform and services, and for purposes such as providing you with tips and suggestions related to your course performance and studying habits, and to use in the aggregate with other data to improve the effectiveness and engagement with our learning platform.
Collection and Use of Non-Personal Information and Non-Personal Performance Information
Non-Personal Information and Non-Personal Performance Information are data that collected from your use of the Platform that are not associated with your Personal Information and cannot be used by third-parties to directly or indirectly identify you or any other specific user.
Here are some examples of the types of Non-Personal Information and Non-Personal Performance Information Amesite may collect and how we may use it:
What Non-Personal Information and Non-Personal Performance Information we collect.
· Non-Personal Information may include: number of users for a course, learning institution data including major / class / enrollment data, your residential geographic region (e.g. town name, zip code, area code), your demographic data, and other information provided to us.
· Non-Personal Performance Information may include: anonymous course / assignment / test grades and grade distribution data; anonymous data regarding when / where / how Platform services are accessed; non-identifiable user modeling data; third-party articles / searches results and website links followed by users; user device data and other data provided to us.
How we use Non-Personal Information and Non-Personal Performance Information
· Amesite may use Non-Personal Information and Non-Personal Performance Information so that we can better understand users’ behaviors, to help us provide more useful information to users including studying suggestions and tips, and to help us understand which parts of our Platform and services are of most interest, require improvement, or require further development.
Disclosure to Third Parties
· Amesite will not provide Personal Information or Personal Performance Information to any commercial third parties.
· Amesite will not provide Personal Information or Personal Performance Information to any non-commercial third parties without your express consent.
· It may be necessary under the law, arbitration, litigation, or by request from governmental authorities within or outside your city, state or country of residence, for Amesite to disclose your Personal Information or Personal Performance Information. We may also disclose information about you if we determine that disclosure is appropriate or required for purposes of national security, law enforcement, public or private safety, or court order to protect the property rights of Amesite or a third party.
· We may also disclose Personal Information about you if we determine that disclosure is reasonably necessary to enforce our Terms and Conditions or protect our operations or users.
· In the event of a reorganization, merger, or sale we may transfer your Personal Information and Personal Performance Information the appropriate third party in accordance to applicable privacy laws.
Protection of Personal Information
· Amesite takes the security of your Personal Information and Personal Performance Information seriously. Platform protects your information by utilizing in transit encryption such as Secure Socket Layer (SSL) or Transport Layer Security (TLS) provided through your learning institution.
· Personal Information and Personal Performance Information is stored in encrypted form by Amesite utilizing industry-leading third-party cloud-based storage.
· When you use communication functionality of the Platform, including forum posts, chat rooms, or social networking services, your Personal Information and content you post may be visible to other users and can be read, collected, or used by them. You are responsible for selecting what types of personal information you choose to share.
· Even though Amesite has taken significant steps to protect your Personal Information, we cannot fully eliminate secured risks associated with Personal Information.
Cookies and Other Technologies
· Amesite’s Portal and online services may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our Platform users have visited, and help us facilitate and measure the effectiveness of our services. Amesite treats the information collected by cookies and other technologies as Non-Personal Performance Information. However, if a local jurisdiction considers an Internet Protocol (IP) addresses or similar identifiers as personal information, Amesite will treat these identifiers as Personal Performance Information.
· If you want to disable cookies and you’re using the Safari web browser, go to Safari preferences and then to the privacy pane to manage your preferences. On IOS devices, go to Settings, then Safari, scroll down to the Privacy & Security section, and tap on “Block Cookies” to manage your preferences. For other browsers, check with your provider to find out how to disable cookies. Please note that certain features of the Platform will not be available once cookies are disabled.
· We gather some information automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser, language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp and clickstream data.
Retention of Personal Information, Personal Performance Information, Non-Personal Information, and Non-Personal Performance Information
· Amesite will retain your Personal Information and Personal Performance Information as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is legally required or permitted.
· Non-Personal Information and Non-Personal Performance Information may be retained by Amesite to enable Amesite to improve its products and services.
Location-Based Services
· To provide location-based services on the Platform, Amesite may collect and use location data of your computer or smart device. Location-based services may utilize GPS, Bluetooth, your IP Address, Wi-Fi hotspot or beacons, cell tower locations, and other technologies to determine your location data. This location data is collected anonymously in a form that does not personally identify you.
Our Companywide Commitment to Your Privacy
· To make sure your Personal Information and Personal Performance Information is secure, we communicate our Privacy Policy and security guidelines to Amesite employees and contractors and strictly enforce privacy safeguards within Amesite.
Questions
· If you have any questions or concerns about our Privacy Policy, please contact us at: [email protected].
Amesite may update its Privacy Policy from time to time. Notice of updates to Amesite’s Privacy Policy, as well as the updated Privacy Policy will be posted on our website.
Children’s Privacy Policy and Community Guidelines for Parents
This Amesite Privacy Policy Notice is intended to help parents understand what data are collected by the platform, why we collect it, what we do with it, and our privacy controls.
Information we collect
Amesite collects information based on your child’s use of the platform, like when they watch a video. This information includes:
- device type and settings, such as hardware model and operating system version;
- log information, including details of how our service is used, and the device’s Internet protocol (IP) address;
Platform activity
This information includes the video or text-based content your child views, the assessments they take and their corresponding answers, and other interactions with content in the platform.
Amesite, collects data from our users which is required to provide our service. This data includes:
· Name
· Email address
· IP address
· Location data
· Grade and assessment data
· Activity history (lectures watched, quizzes taken, etc.)
Amesite may send optional email and text notifications to the LCE user’s account to inform them of course updates such a new assessments or due dates. These communications are optional. This contact information is not used for any other purpose. As a parent, you can request that this contact information be deleted.
How we use the information we collect
We use the information we collect for internal operational purposes such as offering and running educational courses, enforcing our content license restrictions, and providing and improving the service. We also use this information to offer users personalized content.
Amesite does not allow your child to use the service to share personal information with third parties or to make it publicly available without your explicit permission.
Amesite does not use the information we collect for any advertising purposes, nor do we share it with third parties except where required to provide our services.
Information we share
We will not disclose individual user information outside of Amesite unless one of the following circumstances applies:
- With consent
- We may share individual user information with companies, organizations, or individuals outside of Amesite when we have parental consent, in order to provide our services.
- For legal reasons
- We will share individual user information with companies, organizations or individuals outside of Amesite if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- meet any applicable law, regulation, legal process or enforceable governmental request.
- enforce applicable Terms of Service, including investigation of potential violations.
- detect, prevent, or otherwise address fraud, security or technical issues.
- protect against harm to the rights, property or safety of Amesite, our users or the public as required or permitted by law.
- We will share individual user information with companies, organizations or individuals outside of Amesite if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
We may share aggregate information about the use of the platform with third parties to, for example, show trends about the use of the platform or meet our reporting obligations with partners. This data will not include any user-specific data.
Parental Access and Controls
As a parent, your consent is required for the collection, use and disclosure of this information. Amesite will not collect, use, or disclose this information without your consent.
As a parent, you can review or have your child’s personal information deleted and refuse to permit further collection or use of the child’s information by reaching out to us via email at [email protected].
Contact Us
For requests for review or removal of data, please contact us via the phone number or email below.
