Terms of Service
The terms “FirstInClass” “Company”, “we”, “us” “our” and similar terms refer to FirstInClass. The term “Community” refers to our online community of educators, technology companies and other stakeholders in the educational field available through the Site and the platform. A “School Community” refers to a subset of the Community affiliated with a specific School. The terms “you,” “your,” “User” and similar terms refer to end users of our Platform within the Community. The term “Site” or “Platform” refer to our website at firstinclass.in, the online platform as provided to Communities and Users at firstinclass.in and any extensions, software or add-ons provided by us for use with the platform or such other website(s) or mobile applications designated by us. Users of the Platform can access the platform via a web browser or a mobile app; adult users of the Platform have the option, but not the requirement, to create an account on the web site at firstinclass.in. “Terms” or “Agreement” refers to these Terms of Service, as may be amended from time to time by us. “Technology Providers” refers to technology providers who may make Educational Tools available to our Community for review, evaluation and/or purchase. Other capitalized terms may be defined below in these Terms.
Acceptance of Terms of Service
Please note that these Terms may change from time to time. We will post any changes to our Terms on the Platform and our website and, if the changes are material, we will provide a more prominent notice (such as email notification). When we update the Terms, we will note the date of its most recent revision.
Information of Children
Minors under the age of 13 may access and use the Platform as part of a group via their use of the web browser or mobile app. This use can only occur if the parent or guardian has confirmed that it has provided sufficient permission to permit the students to use the Platform and provide the information described herein. The Platform may be used to collect personal information of students who are under the age of 13. Names, email addresses, and School Information are examples of information that may be collected. This information is used for the legitimate business purposes to test, evaluate and review a variety of educational technology tools, products and services and improve the use of educational technology to support student academic performance.
We will not require a child to disclose more information than is reasonably necessary to participate in any activity associated with the Platform.
Schools, Districts, and State Education Agencies
Schools or Districts or State Education Agencies (“Schools”) may purchase a license or subscription to use the Platform for its educator community or to obtain data and reports on the use of Educational Tools and Reviews generated by use of the Platform. Schools may also receive a license or subscription to use the Platform to collect information relating to students’ and educators’ use of certain online educational tools and services. The School acknowledges and agrees that access to the Platform will be limited to the specified School Community and that the School has secured all necessary authorizations required for students to access and use the Platform. The School will not make the Platform available to anyone outside of the School Community without Company’s prior consent. The School understands that all members of the School Community will have access to all User Content shared through or on the Platform by the School Community and to other linked School Communities, except as may be set forth below. The School further agrees that it will use its reasonable efforts to educate its School Community about proper use of the Platform and that we have the right to suspend or prohibit access to the Platform by any User in violation of these Terms. A School subscription may have restrictions on the number of authorized users, number and nature of reports and similar terms, all of which will be set forth in the School’s subscription.
Technology Providers may create accounts on the site to access and use the Platform to obtain data and reports relating to the Educational Tools of the Technology Provider. Such data and reports may include Reviews from Users as provided through the Platform and information relating to usage and efficacy of the Educational Tools of the Technology Provider as reported by Users of the Platform. Technology Providers may also be permitted to review content on the Platform pertaining to the Educational Tools of the Technology Provider to recommend changes to the information about the Educational Tool and/or clarify information relating to the capabilities or functionality of the Educational Tool(s). Technology Providers are not permitted to review their own products, or review the products of other Technology Providers. Technology Providers acknowledge that the Company reserves the right in its reasonable discretion to incorporate or reject any proposed changes to information on the Platform.
Technology Providers may create user accounts on the Platform. Technology Providers may provide more information about their Educational Tools in responses to questions posed by administrative users through district created forms or applications within the Platform. Technology Providers do not have access to data you provide us or data we collect unless the administrative user expressly initiates such a request, Technology Providers may not interact with teachers or students through Platform. The Platform may also be used by you to enable Technology Providers to provide information or respond to forms, applications, Requests for Proposals (“RFP”) or Requests for Information (“RFI”) from Schools. Technology Providers and Schools acknowledge and agree that any information submitted by a Technology Provider by and through the Platform, including without limitation, to a School in response to an RFP, RFI or in response to a Review is the exclusive responsibility of the Technology Provider and Company shall have no liability for any false information, misleading statements, misrepresentations or other inaccuracies. Schools and educators are solely responsible for any purchasing decisions made in response to information provided through the Platform.
By using the Platform, Technology Providers expressly agree and acknowledge that Company may use the trademarks, service marks and logos of the Technology Provider for the limited purpose of providing information concerning the Educational Tools of the Technology Provider and to facilitate the Technology Provider’s interaction with Schools and other users through the Platform. Moreover, Technology Providers acknowledge and understand that the Platform collects data and information concerning Educational Tools from multiple locations and sources and that the compilation of this information belongs to exclusively to Company. Technology Providers’ use of the Platform does not give it any right or license to access, review, use, or revise any of the compiled information.
Use of the Platform
Registration. In order to use the Platform, you will need to provide to us certain basic information such as your true legal name, affiliated School (if applicable) and similar personal and professional information. You may also provide other information such as your role in the educational community, subject interests and grade levels. You agree that all information you provide to us will be complete, true and correct and that you will keep it up-to-date. During the registration process, you will choose a user name and password for your use of the Platform. You will be responsible for securing your user name and password and for all use of the Platform using your email address or password. You agree that you will not disclose, trade or transfer, with or without payment, your password. You will be solely liable for any use of the Platform under your account and password. You agree to notify us promptly of any unauthorized use or disclosure of your password. We reserve the right to refuse use of or revoke use of any username in our discretion.
You agree that we will have the right, but not obligation, to verify your identity as a member of a School. We reserve the right to suspend or terminate your account and use of the Platform if we believe any information you have provided during the registration process is inaccurate or incorrect or if you have registered as part of a School to which you do not belong, if your School requests such suspension or termination for any reason or if you withdraw from the School or otherwise are no longer a member of the School Community.
We reserve the right to establish fees for use of the Platform at any time or to charge additional fees for premium services, data access or additional functionality. You will be notified, through the Platform and/or utilizing the information you provided when creating your account, in the event a fee will apply.
User Obligations. Your use of the Platform shall be solely for your own educational and academic use. You will comply with all applicable laws in connection with your use of the Platform. You will not attempt to circumvent or violate any security feature of the Platform, including accessing any Platform features, interactive areas, information or profiles for which you do not have permission or other content or information not intended for you.
All Users are responsible for their own use of the Platform. As part of your use of the Platform, You agree that you will not:
- interfere with, or attempt to interfere with, the normal operations of the Platform or any other User’s use of the Platform, including by overloading, flooding, spamming or crashing the Platform or its underlying systems or by altering any profile, reviews or other information provided by any User;
- post, share, link to or submit any content or material that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, profane, indecent, obscene, sexually explicit or exploitative;
- use the Platform to harass, bully, threaten, humiliate, stalk or otherwise intimidate any other User, member of the Community or any third party;
- post, share, link to or submit any content or material that constitutes hate speech, promotes violence against any group or person or is otherwise objectionable;
- post, share, link to or submit any content or material that is fraudulent, false, misleading or deceptive;
- post, share or disclose any personally identifiable information regarding any students;
- impersonate or falsely suggest or claim an affiliation with any other person or entity;
- seek to monetize the Platform, including by providing reviews or endorsements for payment or other consideration from any Technology Provider or other third party;
- violate or circumvent your School’s policies, including the School’s honor code;
- collect, store or analyze information about other Users, except as authorized by such User;
- expose Company, the School or Community to any civil or criminal liability; or
- violate any applicable law or encourage conduct that would constitute a criminal offense.
Each User is responsible for the content that such User uploads, shares, posts, links to or otherwise makes available via the Platform including all Reviews (“User Content”). You represent and warrant that you own or have sufficient rights, permissions and licenses in and to all User Content, including without limitation, all photographs, images, video, audio or written materials. You retain full ownership of all User Content; in order for LearnPlatform to provision the Platform, you also grant to us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide right and license to use, reproduce, modify, distribute, perform, display and transmit your User Content as necessary for provision of the Platform. Occasionally, we may use aggregate data that includes review data in white papers, research reports, marketing intelligence and other analytics, and our license also allows this specific use. You acknowledge that these documents that include aggregate information may be published or provided to third parties and in connection with the promotion of the Platform, including on our website, social media channels and other marketing and promotional materials and as set forth in these Terms.
We reserve the right, but not obligation, to review or monitor any User Content or use of the Platform and may remove or restrict access to any User Content we deem to be inappropriate, in violation of these Terms or applicable law. We cannot and do not guarantee that you, as a User, will not be exposed to content you find objectionable or offensive and you waive any right to damages relating to such content. If we believe any User Content is in violation of any School policies or applicable law, we reserve the right to report such User Content and information regarding the User to the School or appropriate legal authorities. You understand and agree that we cannot control how other Users in the Community may use the Platform, including posting of offensive User Content, or use or share your User Content (on the Platform or otherwise) and release us from all liability arising from any other user’s acts.
You understand that our Platform is intended to provide the Community with a forum for honest consumption, evaluation and reviews (“Reviews”) of Educational Tools including Educational Tools provided by the Technology Providers. Accordingly, you agree that any Reviews you provide will be true, honest and based on your own professional experience and judgment and that you will not provide Reviews for payment or other compensation. You will not be personally identified or associated with a Review and subject to marketing associated with the relevant Educational Tools unless you expressly consent to such communications. Technology Providers agree that they shall not provide Reviews of its own Educational Tools nor induce others to provide a Review for payment or other compensation.
Listing or availability of any Educational Tools on or through the Platform, or facilitating a Technology Providers’ response to an RFP or RFI, does not constitute a recommendation, sponsorship, guarantee or endorsement of such Educational Tool by FirstInClass. You are responsible for determining whether you wish to use, purchase, or provide a Review of any Educational Tool which may be made available, Reviewed, or otherwise included on or through the Platform. All Reviews are the personal opinions of Users and we do not sponsor or endorse any such Reviews or allow Technology Providers to sponsor such Reviews. WE HEREBY DISCLAIM, AND YOU ACCEPT SUCH DISCLAIMER OF, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY OF THE EDUCATIONAL TOOLS, ACCURACY OF REVIEWS OR OTHER USER CONTENT OR ANY OF OUR TECHNOLOGY PROVIDERS. YOU ACKNOWLEDGE AND AGREE THAT ANY PURCHASE OR USE OF ANY EDUCATIONAL TOOLS, WHETHER BASED ON ANY REVIEWS OR OTHERWISE, IS ENTIRELY AT YOUR DISCRETION AND RISK. IF YOU HAVE PROBLEMS WITH ANY EDUCATIONAL TOOL, YOUR REMEDY, IF ANY, IS THROUGH THE APPLICABLE TECHNOLOGY PROVIDER THAT PROVIDED OR SOLD THAT TOOL TO YOU.
User Content. The User, or the applicable School, will not have any ownership of teh User Content created or posted by such User, subject to the license granted to us herein.
Ownership. As between you and LearnPlatform, the Platform, including all content, graphics, audio, video, pictures, trademarks, Platform marks, logos and other material on the Platform, and its underlying software (the “Software”), algorithms, databases, look and feel and arrangement, are the intellectual property of Company, subject to copyright and other intellectual property protections. For clarity, you understand that all reports generated by LearnPlatform utilizing the data from the Platform shall remain the property of FirstInClass. The Company mark and logo are the trademarks of Company. All rights in and to our website, the Platform and the Software not expressly granted herein are reserved by us. We grant you and you accept a non-exclusive, non-transferable, revocable license to use the Software solely for your own use of the Platform and in accordance with these Terms. All trademarks, service marks, logos and other branding elements associated with any School, Technology Provider, or Educational Tools and all intellectual property rights in and to the Educational Tools will be owned by their respective owners.
Restrictions. You may not use any information provided on or through the Platform for any commercial purpose including by selling, buying, distributing, reposting or licensing any information or materials you may obtain through use of the Platform, including Reviews and other User Content. You may not use any page-scraper, spider, robot or other automatic device or methodology to access, acquire, copy or monitor any contacts or content provided on or through the Platform. You may not copy, republish, mirror, transmit, perform, sell or distribute any part of the Platform, Reviews or User Content for any commercial or other purpose or other than as expressly permitted herein. You may not alter, modify or create derivative works of the Software or Platform and shall not access or attempt to access, reverse engineer, decompile or otherwise discover the source code of the Software. You will not use or access the Platform in order to develop any competing product or Platform or to conduct benchmarking tests.
We may from time to time request our Users to evaluate, assess or provide feedback regarding the Platform or proposed improvements or new functions for the Platform. You agree that Company will own the results of any such evaluations and feedback and may use such results in its sole discretion. Any improvements, new features, or new Platforms that may be created or developed by Company based on User evaluations will be exclusively owned by Company without right of any User to consideration or attribution.
Maintenance of the Platform; Changes
We reserve the right to issue corrections or modifications or upgraded versions of the Platform and Software at any time in our discretion. We will try to provide you with advance notice of any potential downtime for the Platform. However, you acknowledge that from time to time the Platform may be unavailable without notice, including to allow for maintenance, upgrades and/or corrections, and unless otherwise agreed between the parties, FirstInClass shall have no liability for such downtime. We will use commercially reasonable efforts to restore the Platform to operation as promptly as possible.
We may at any time cease to continue operating part or all or selectively disable certain aspects of the Platform, including at the request of the School. You may cease using the Platform at any time; provided that you acknowledge and agree that all User Content posted by you prior to such time will continue to be available on and through the Platform. We may terminate your use of the Platform if you violate these Terms with or without prior notice to you.
THE PLATFORM AND SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, SOFTWARE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF ANY THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY OR COMPLETENESS OF THE PLATFORM, THE SOFTWARE OR ITS CONTENT, OR OTHERWISE. WE MAKE NO WARRANTIES OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE PLATFORM OR THAT THE PLATFORM WILL BE ACCESSIBLE AT ANY SPECIFIC TIME. ALL USE OF THE PLATFORM IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USE AND OBTAIN A REFUND FOR ADVANCE PAYMENTS, IF ANY, AS SET FORTH IN THESE TERMS.
If you are an individual User, we hereby expressly disclaim, and you accept such disclaimer, any liability for any loss or damage to you or any other User arising from your use of the Platform. If you have a dispute with the School, any Technology Provider or any other User regarding any User Content, Educational Tool or the use of the Platform, you hereby release us from any and all liability, claims, demand and damages associated with such dispute or the underlying transaction.
LIMITATION ON LIABILITY
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO ANY INDIVIDUAL USER IN CONNECTION WITH USE OF THE PLATFORM, EXCEED THE LESSER OF (I) $50 AND (II) THE TOTAL AMOUNT THAT YOU PAID TO US FOR USE OF THE PLATFORM, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, AND/OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, PROFITS OR BUSINESS. Any claim or cause of action by you must be brought within one (1) year following the occurrence of the event resulting in such claim or action. These limitations shall apply regardless of whether we knew, should have known or were forewarned of the possibility of such damages, but will not apply to any intentional damage or damage caused by our knowing violation of applicable law.
Some jurisdictions do not allow for limitations of liability or warranty so these may not apply to you.
You hereby agree to indemnify, defend and hold Company and its affiliates and each of their owners, members, directors, officers, managers, employees, independent contractors, subcontractors, agents and representative (“Indemnified Parties”) harmless from any claim, cause of action, proceeding, liability, taxes, damages, loss, attorney fees, cost and expenses arising from or related to (i) your breach of these Terms and/or (ii) your use of the Platform, including any User Content you may submit or post on the Platform.
Assignment. You may not assign your rights hereunder. We can assign our rights hereunder at any time without restriction.
Governing Law. To the extent permitted by law, these Terms, your use of the Platform are governed by North Carolina law, without giving effect to its conflict of law provisions.
Notices. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
ANY CONTROVERSY OR DISPUTE BETWEEN COMPANY AND YOU ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE AND/OR YOUR USE OF THE PLATFORM THAT CANNOT BE SETTLED BY MUTUAL AGREEMENT SHALL BE EXCLUSIVELY AND FINALLY SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE BEFORE THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”), IN RALEIGH, NC, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA.
ALL NOTICES AND REQUESTS FOR ARBITRATION SHALL BE MADE IN COMPLIANCE WITH THE RULES SET FORTH BY THE AAA. IN THE EVENT THAT ANY PARTY TO THIS AGREEMENT DESIRES TO SEEK ARBITRATION, IN ADDITION TO COMPLIANCE WITH THE RULES SET FORTH BY THE AAA, THE PARTY REQUESTING ARBITRATION SHALL GIVE WRITTEN NOTICE TO THE OTHER PARTY AT LEAST TEN (10) DAYS PRIOR TO FILING ITS REQUEST WITH THE AAA. THIS NOTICE SHALL SET FORTH THE NATURE OF THE DISPUTE, THE AMOUNT INVOLVED (IF ANY), AND THE REMEDY SOUGHT.
YOU AND WE AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A DISPUTE.
THE PARTIES UNDERSTAND THAT ARBITRATION IS FINAL AND BINDING ON THE PARTIES. THE PARTIES FURTHER UNDERSTAND THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. NOTWITHSTANDING THIS PROVISION, THE PARTIES AGREE THAT COMPANY MAY SEEK IMMEDIATE INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER OR PERSONS FOR WHICH RELIEF IS SOUGHT. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR(S) MUST BE ENTERED AND CONFIRMED EXCLUSIVELY IN ANY COURT HAVING JURISDICTION.
ALL AWARDS SHALL BE MADE IN CONFORMITY WITH THE AAA RULES AND THE PARTIES UNDERSTAND THAT THE ARBITRATOR(S) MAY AWARD MONETARY DAMAGES AND ARE AUTHORIZED TO GRANT PRE-AWARD AND POST-AWARD INTEREST AT COMMERCIAL RATES ON ANY MONETARY AWARD. ANY SUCH AWARDS SHALL BE SUBJECT THE LIMITATION OF LIABILITIES SET FORTH HEREIN.
You consent and submit to the sole jurisdiction and venue of the state or federal courts of India.
Attorneys Fees. We shall be entitled to our reasonable costs and expenses (including reasonable attorneys’ fees) incurred in connection with the enforcement of these Terms of Service against you.
How to contact us
If you have any questions regarding these Terms of Service, you may contact us at firstname.lastname@example.org