Thank you for using Screencastify! These terms of service (“Terms”) cover Your use and access of our website, our Chrome extension and related software services (the “Services”).
These Services are provided by Screencastify, LLC located at 222 W Merchandise Mart Plaza, Suite 1212, Chicago, IL 60654 and when not mentioned directly by name, will be referenced through these Terms as “we”, “our”, or “us”.
“You” may be a:
- “School Representative” (i.e., an adult over the age of 18 who is a teacher or other representative of a school that subscribes to our Services and has administrative rights to provide access to Students (as defined below);
- “School” (i.e., an individual school, group of schools, entire school district or other local educational agency that subscribes to the Services and has administrative rights to provide access to the Services to individual Students and School Representatives);
- “Student” (i.e., any user of the Service who was invited to use the Services by a School or School Representative and who uses the Services solely for educational purposes as designated by the School or School Representative); or
- “User” (i.e., any user of the Services, including a School Representative).
If You create an account and use the Services on behalf of a School or other business or employer, You represent that You have the legal authority to bind that entity to these Terms.
If You are a User (who is not a Student), You also represent that You are at least 18 years old and have the legal capacity to accept these Terms. If You are not 18, not a Student (who is using the Services on invitation from Your School), You may not use the Services. Students are only permitted to use the Services where they have been invited or directed by their School or School Representative.
Changes to Terms. We reserve the right to modify these Terms at any time. We will always post the most current version on our website and notify You should anything material change. If You have acquired a paid license or subscription for our Services, we will notify You (for example by email or showing a message in our software) of any material changes. By continuing to use the Services after the changes become effective, You agree to the revised Terms.
Software. Services may include downloadable software, which may update automatically on Your device to newer versions. We grant You a worldwide, non-exclusive and non-transferable right to use the Services for any purpose that does not knowingly infringe on existing intellectual property rights or otherwise violate these Terms. Components of the software may be offered under an open source license, in these cases we will make that license available to You. Provisions of the open source license may expressly override some of these Terms. Users may use certain third party software and services in connection with the Services (for example, videos created with the Services may be stored in Google Drive or uploaded to YouTube). Screencastify is not responsible for such third party services used in connection with the Services.
User-Generated Content. As between Screencastify and any User, all videos or other content created by a User (“User Generated Content”) is property of the User (or School, as applicable). The User (or School) grants to Screencastify a non-exclusive, worldwide, royalty-free license to process, reproduce, display, copy, communicate or otherwise use the User Generated Content solely as necessary to provide the Services, enforce its rights under these Terms or as required by law. Users are responsible for ensuring that all User Generated Content does not violate these Terms, third party intellectual property rights or any applicable laws or regulations (including illegal, harmful, offensive, defamatory, misleading, obscene, or abusive material) and will take reasonable steps to remove such User Generated Content.
User Feedback. Users may provide feedback to Screencastify about the Services (e.g., technical support input, suggestions or enhancement requests) and general usage analytics (i.e., aggregated non-personal technical data and metadata from the Services). Screencastify may develop, modify and improve the Services based on User feedback and usage analytics, provided that such User feedback and usage analytics willnot include any information that may be used to identify a specific individual.
Schools and School Representatives. If You are a School or a School Representative, You have responsibilities to the Students You invite to use the Services. In using the Services, Schools and School Representatives represent and warrant that each has (i) the authority to consent to Screencastify’s collection and use of personal information from its Students; (ii) obtained any required parental consent for Screencastify’s collection and use of personal information from its Students, including, if required, verifiable parental consent under the Children’s Online Privacy Protection Act ("COPPA"); (iii) not received any revocation of such parental consent. By enrolling a Student or helping the Student use the Services, the School or School Representative provides consent to Screencastify for the collection and use of its students’ personal information, including students under 13 years old, solely in connection with the use of the Services for classroom educational purposes.
Services, Pricing & Renewals. From time to time the Service’s features may change, including withdrawing or adding new features as well as changing the price. You may upgrade or cancel Your renewal at any time by visiting our website, in My Account > Billing. Please note that full or pro-rated refunds will not be issued.
Until canceled, purchased subscription to the Services will remain active and will automatically renew on each anniversary of Your subscription date.
Customers who purchased a one-time subscription to the Services, shall continue to be granted access, but unless expressly stated otherwise, such one-time fee does not include paid upgrades for new features. Additionally, school district subscriptions made via Screencastify Order Form or other purchase order will be subject to the terms and conditions of that order form, including any fee schedule or other renewal or cancellation terms in that order.
User Conduct. In connection with Your access to the Services, You are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, You agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, You agree that by or while accessing or using the Application You will not:
- allow other persons to use Your user account, and You agree that You are the sole authorized user of Your account; use the Service for any purpose that is unlawful;
- represent Yourself as another or as a fictitious individual;
- bypass any measures Screencastify may use to present or restrict access to the Service, or otherwise attempt (by any - means) to gain access to data or information that You are not entitled to access;
- copy, modify, create derivatives of, decompile, or reverse engineer the Service or take any action to interfere with Screencastify’s proprietary and intellectual property rights;
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person;
- interfere with or disrupt Screencastify or the servers or networks connected to Screencastify;
- post Information or interact on Screencastify in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- use Screencastify in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through Screencastify;
- “frame” or “mirror” any part of Screencastify, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; rent, lease, lend, sell, redistribute, license or sublicense Screencastify or access to any portion of Screencastify; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of Screencastify or its contents;
- transfer or sell Your user account, password and/or identification to any other party;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; or
- cause any third party to engage in the restricted activities above. The above assurances and commitments by You shall survive termination Services.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCREENCASTIFY BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOSS OF DATA, BUSINESS, PROFITS, COMPUTER HARDWARE OR SOFTWARE. IN NO EVENT SHALL SCREENCASTIFY’S LIABILITY EXCEED THE GREATER OF 1) AMOUNTS PAID BY YOU TO SCREENCASTIFY IN THE PAST 12 MONTHS OR 2) $100.
As-Is Services. We strive to provide reliable Services and hope You enjoy using them. But there are things we cannot guarantee. We provide our Services “As is”. SCREENCASTIFY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, SCREENCASTIFY MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR THE USE THEREOF WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
Feedback. You may provide feedback regarding the Services, including requests for functionality, features, operation, user friendliness, and suggestions for improvement. All feedback provided is made without warranty, is AS IS, and shall become the property of Screencastify.
Intellectual Property. All intellectual property and trademark rights in Screencastify shall be owned by Screencastify absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same (the “Intellectual Property”). All other trademarks, logos, service marks, company or product names set forth in the Screencastify are the property of their respective owners. You agree that You will not use Screencastify’s Intellectual Property for any purpose except to the extent necessary to be as user of the Screencastify Services. If You create any materials using the Screencastify Intellectual Property, You agree that upon their creation Screencastify exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Intellectual Property or derivative works based on the Screencastify Intellectual Property. You further agree to assign any interest or right You may have in such materials to Screencastify, and to provide information and execute any documents as reasonably requested by Screencastify to enable Screencastify to formalize such assignment.
Notices of Intellectual Property Infringement. Screencastify respects the intellectual property rights of others. If you believe that Screencastify is hosting or making available User Generated Content that infringes on your intellectual property rights, you may request its takedown by reporting the violation to our designated intellectual property agent by sending written notice by U.S. mail to Screencastify, LLC, 227 W Monroe St., Suite 5200, Chicago, IL 60606 or by email to firstname.lastname@example.org.
The following information must be included in any written notice regarding Intellectual Property Infringement:
- The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the protected work(s) you believe has been infringed;
- Identification of the material you believe infringes the protected work(s) sufficient for Screencastify to identify and locate it;
- The copyright holder’s or its agent’s contact information;
- A statement that the complainant believes in good faith that the user of the allegedly infringing material is not authorized by the copyright owner, its agent or the law; and
- A statement that the above information is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Disclaimers. Screencastify is not responsible for the conduct, whether online or offline, of any user of Screencastify. You are solely responsible for Your interactions with other users. Screencastify expressly disclaims any liability arising from the unauthorized use of Your user account. Should You suspect that any unauthorized party may be using Your user account or You suspect any other breach of security, You agree to notify us immediately. We disclaim all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or “hackers”).
Third Party Services. You may enable access to certain third party services and web sites (collectively and individually, “Services”) through our software. Use of these Services requires Internet access and may require You to accept additional terms and may be subject to additional fees.
If You choose to connect a YouTube channel to Your Screencastify account and publish Your videos directly from Screencastify to YouTube, such use is subject to YouTube's Terms of Service.
Indemnity. To the fullest extent of the law, You will defend, indemnify, and hold Screencastify including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of Screencastify, including but not limited to: (1) Your breach of this Agreement or the documents it incorporates by reference; (2) Your violation of any law or the rights of a third party; (3) any allegation that any materials that You submit to us or transmit through Screencastify or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities by You in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Term and Termination. This Agreement is effective upon Your creation of a user account. This Agreement may be terminated by Screencastify, without cause, upon written notice.
Dispute Resolution. Any dispute, controversy or claim arising under, out of or relating to these Terms and any subsequent amendments of these Terms, including, without limitation, their formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Chicago, Illinois. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove You as a participant in such a suit. Notwithstanding the foregoing, if You represent an entity or institution subject to state law mandating different dispute resolution terms, Screencastify agrees to such state law requirements.
General. Except as expressly provided otherwise herein, this Agreement shall be governed by the laws of the State of Illinois without regard to choice of law principles. This choice of law provision is only intended to specify the use of Illinois law to interpret this Agreement and is not intended to create any other substantive right to non-Illinois residents to assert claims under Illinois law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Screencastify, in our sole discretion by providing notice to You. Except as explicitly stated otherwise, any notices to Screencastify shall be given by certified mail, postage prepaid and return receipt requested to Screencastify, LLC, 227 W. Monroe St, Chicago, IL 60606. Any notices to You shall be provided to You through Screencastify or given to You via the email address or physical You provide to Screencastify during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between You and Screencastify with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If You have any questions regarding Screencastify, please contact our customer support team at email@example.com.