Terms of Service
IMPORTANT — PLEASE READ CAREFULLY
These Terms of Service (“Terms” or “Agreement”) govern access to and use of ClassImpact.com, the ClassImpact platform, and related products and services (collectively, the “ClassImpact Platform” or “Services”).
These Terms constitute a legal agreement between the individual using the Services or the organization that the individual represents (“Customer,” “you,” or “your”) and the entity operating ClassImpact (“ClassImpact,” “Company,” “we,” “us,” or “our”).
By creating an account, starting a free trial, purchasing a subscription, accepting an order or quotation incorporating these Terms, or accessing or using the ClassImpact Platform, Customer agrees to be bound by these Terms.
If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization.
If you do not agree to these Terms, you must not access or use the ClassImpact Platform.
1. Definitions
“Administrator”means a person designated by Customer with administrative privileges to configure and manage Customer's ClassImpact account, users, courses, content, reports, settings, and other Services.
“Authorized User”means an individual authorized by Customer to access the ClassImpact Platform under Customer's account.
“ClassImpact Content” means software, interfaces, templates, graphics, characters, learning components, games, question formats, player components, designs, documentation and other materials provided by ClassImpact as part of the Services.
“ClassImpact Platform” means the ClassImpact cloud-based learning platform and associated websites, applications, APIs, players, administration tools, authoring tools, reporting tools and other Services.
“Customer Content” means content uploaded, submitted, created, imported or otherwise provided by Customer or its Authorized Users to the ClassImpact Platform. Customer Content may include:
- Videos
- Images
- Audio
- Documents
- Presentations
- SCORM packages
- Questions and quizzes
- Course materials
- Text and scripts
- Branding
- Learning resources
- Prompts
- User-generated content
- Other files or information
“Learning Data”means information generated through an Authorized User's interaction with learning activities, including course progress, video viewing progress, quiz responses, scores, attempts, completion records, game results, certificates, achievements and related learning activity.
“Personal Data” means information defined as personal data, personal information, or an equivalent term under applicable data protection laws.
“Services” means the products and services provided through ClassImpact, including the ClassImpact Platform, support, hosting and other related services purchased or made available to Customer.
“Subscription” means the applicable free or paid subscription, license, service plan, quotation, order, or agreement under which Customer receives access to the Services.
2. Access and License
Subject to these Terms and payment of applicable fees, ClassImpact grants Customer a limited, non-exclusive, non-transferable and non-sublicensable right during the applicable Subscription term to access and use the ClassImpact Platform.
Customer may permit its Authorized Users to access the Services subject to:
- the applicable Subscription;
- any user, storage, usage or other limits;
- these Terms; and
- any applicable order, quotation or agreement.
Customer is responsible for the activities of its Authorized Users.
Access rights are provided solely for Customer's internal business, educational, training or other authorized purposes unless otherwise agreed in writing.
3. Free Trials
ClassImpact may offer free trials or free accounts.
The duration, features, number of users, storage capacity and other limitations of a free trial may be determined by ClassImpact.
Trial Services are provided for evaluation purposes unless otherwise expressly stated.
ClassImpact may modify, suspend or terminate a free trial at any time.
Certain functionality available under paid Subscriptions may not be available during a free trial.
4. Customer Content and Ownership
Customer retains all right, title and interest in Customer Content, subject to the rights necessary for ClassImpact to provide the Services.
Customer grants ClassImpact a non-exclusive, worldwide, royalty-free license during the applicable period to host, store, copy, process, transmit, display and otherwise use Customer Content solely as reasonably necessary to:
- Provide the Services
- Process learning activities
- Deliver video and other content
- Generate reports
- Provide requested AI functionality
- Maintain backups
- Provide technical support
- Maintain security
- Comply with applicable legal requirements
Customer represents and warrants that it has all rights, permissions and consents necessary to upload, process and use Customer Content through ClassImpact.
Customer must not upload content that infringes another person's intellectual property, privacy, publicity or other legal rights.
5. ClassImpact Ownership
Except for Customer Content, ClassImpact and its licensors retain all rights, title and interest in the ClassImpact Platform and ClassImpact Content, including all associated intellectual property rights. This includes, where applicable:
- Software
- Source code
- Object code
- Platform architecture
- APIs
- Databases and database structures
- User interfaces
- Player technology
- Gamification technology
- Quiz and game engines
- Templates
- Learning components
- Designs
- Documentation
- Algorithms
- AI-related technology
- Reports and reporting structures
- Trademarks and branding
No ownership rights in the ClassImpact Platform are transferred to Customer under these Terms.
All rights not expressly granted are reserved.
6. Acceptable Use and Restrictions
Customer and Authorized Users must use ClassImpact lawfully and responsibly. Except where expressly permitted by applicable law, Customer must not:
- Copy or reproduce the ClassImpact Platform
- Reverse engineer, decompile or disassemble the Platform
- Attempt to obtain ClassImpact source code
- Circumvent technical or security restrictions
- Circumvent subscription or usage limitations
- Bypass authentication or access controls
- Access another user's account without authorization
- Share individual user credentials with unauthorized persons
- Interfere with the operation of the Platform
- Introduce malware, viruses or harmful code
- Conduct unauthorized security testing
- Scrape or systematically extract Platform data without authorization
- Use automated systems in a manner that places unreasonable load on the Platform
- Use ClassImpact to violate applicable law
- Infringe intellectual property rights
- Upload unlawful or unauthorized content
- Attempt to gain unauthorized access to ClassImpact systems
- Use the Services to develop or operate a directly competing service through unauthorized copying of ClassImpact technology
ClassImpact may suspend or restrict access where we reasonably believe an account is being used in violation of these Terms or presents a security risk.
7. Organizational Accounts
If Customer purchases or manages ClassImpact for an organization, Customer may designate one or more Administrators. Administrators may have the ability to:
- Create and manage users
- Assign courses
- Manage learning content
- Configure platform settings
- Manage quizzes and games
- View learner progress
- View quiz and assessment results
- View reports
- Manage certificates
- Manage events and resources
- Manage organizational branding
- Configure integrations
- Manage other administrative functions
Customer is responsible for determining which individuals receive Administrator privileges.
Authorized Users acknowledge that Administrators may have access to their account information and Learning Data.
8. Learning Data
ClassImpact may record and process information concerning learner activities. This may include:
- Courses accessed
- Videos viewed
- Viewing progress
- Video completion
- Course progress
- Quiz responses
- Quiz scores
- Assessment results
- Number of attempts
- Game activities
- Game results
- Points
- Rewards
- Achievements
- Certificates
- Learning completion
- Events and attendance
- Dates and times of activities
Where an Authorized User accesses ClassImpact through an organization, authorized Administrators may access this information for training, education, compliance, reporting or other legitimate organizational purposes.
9. Artificial Intelligence Features
ClassImpact may provide features that use artificial intelligence or automated technologies. Depending on the feature, Customer may provide:
- Text prompts
- Images
- Audio
- Video
- Documents
- Course materials
- Questions
- Instructions
- Other Customer Content
AI-generated results may contain errors, inaccuracies or unexpected content.
Customer is responsible for reviewing AI-generated content before using, publishing or distributing it.
ClassImpact does not guarantee that AI-generated content will be:
- Accurate
- Complete
- Unique
- Error-free
- Suitable for a particular purpose
Similar prompts submitted by different users may produce similar results.
Unless otherwise expressly agreed, Customer remains responsible for determining whether AI-generated output is appropriate for its intended use.
10. Data Security and Privacy
ClassImpact will maintain reasonable administrative, organizational and technical safeguards designed to protect information processed through the Services.
Customer acknowledges that no Internet transmission, cloud service or electronic storage system can be guaranteed to be completely secure.
Customer is responsible for:
- Protecting account credentials
- Maintaining appropriate user access controls
- Selecting appropriate Administrators
- Promptly disabling accounts that should no longer have access
- Ensuring that Customer Content is uploaded lawfully
- Obtaining required consents for Personal Data submitted to ClassImpact
Our processing of Personal Data is further described in the ClassImpact Privacy Policy.
Where ClassImpact processes Personal Data on Customer's behalf, Customer may act as data controller and ClassImpact may act as data processor or service provider, depending on applicable law and the circumstances of processing.
11. Service Providers
ClassImpact may use third-party providers and subprocessors to deliver the Services. These may include providers of:
- Cloud infrastructure
- Data storage
- Content delivery
- Video processing
- Video streaming
- Email delivery
- Authentication
- Analytics
- Artificial intelligence
- Security
- Customer support
- Payment processing
ClassImpact remains responsible for selecting appropriate service providers and implementing appropriate contractual and security arrangements where required by applicable law.
12. Subscriptions, Payment and Renewal
Certain ClassImpact Services require a paid Subscription.
Customer agrees to pay the fees specified in the applicable quotation, order, invoice, online checkout, Subscription plan or other agreement.
Unless otherwise stated:
- Subscription fees are payable in advance.
- Fees are non-refundable except where required by law or expressly agreed otherwise.
- Customer is responsible for applicable taxes, duties and government charges.
- Subscription limits are determined by the applicable plan or agreement.
If Customer fails to pay undisputed fees when due, ClassImpact may suspend or terminate access to paid Services after providing reasonable notice.
Specific enterprise agreements, purchase orders or quotations may contain additional payment and renewal terms.
If there is a conflict between these Terms and a separately executed agreement between Customer and ClassImpact, the separately executed agreement will control to the extent of that conflict.
13. Term and Termination
These Terms become effective when Customer first:
- Creates an account
- Begins a free trial
- Purchases a Subscription
- Accepts an applicable quotation or order
- Uses the ClassImpact Platform
and continue while Customer uses the Services.
Paid Subscriptions will continue for the Subscription period specified in the applicable order or agreement.
Either party may terminate the Services where permitted under the applicable Subscription or agreement.
ClassImpact may suspend or terminate Customer's access if:
- Customer fails to pay applicable fees
- Customer materially breaches these Terms
- Customer uses the Platform unlawfully
- Customer's activities create a security risk
- Continued provision of the Services would violate applicable law
Where reasonably practicable, ClassImpact will provide Customer with an opportunity to remedy a material breach before termination.
14. Data Following Termination
Following termination or expiration, Customer's access to the ClassImpact Platform may cease.
Customer is responsible for exporting information it requires before termination where export functionality is available.
ClassImpact may retain Customer Content, Learning Data and other information for a reasonable period following termination where necessary for:
- Backup and disaster recovery
- Legal obligations
- Security
- Fraud prevention
- Dispute resolution
- Contractual requirements
Data will subsequently be deleted or anonymized in accordance with our retention practices and applicable law.
Enterprise Customers may have different data retention arrangements specified in their applicable agreement.
15. Service Availability
ClassImpact aims to provide reliable access to the Services but does not guarantee uninterrupted or error-free availability.
The Services may occasionally be unavailable because of:
- Scheduled maintenance
- Emergency maintenance
- Software updates
- Infrastructure failures
- Internet or telecommunications failures
- Third-party service failures
- Security incidents
- Events beyond our reasonable control
ClassImpact may modify, update or discontinue features as the Platform evolves.
Where a material paid Service is permanently discontinued, we will use reasonable efforts to provide appropriate advance notice where practicable.
16. Warranties and Disclaimers
The ClassImpact Platform is provided on an “as is” and “as available” basis to the maximum extent permitted by applicable law.
Except where expressly provided in a separate written agreement, ClassImpact does not warrant that:
- The Services will always be available
- The Services will be completely error-free
- Every defect will be corrected
- The Services will satisfy every Customer requirement
- AI-generated output will be accurate
- Learning outcomes will meet particular expectations
- Customer Content will be compatible with every device or third-party system
Nothing in these Terms excludes warranties or rights that cannot legally be excluded.
17. Limitation of Liability
To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profits, revenue, business opportunities, goodwill or anticipated savings arising from these Terms or use of the Services.
Except where liability cannot legally be limited, ClassImpact's aggregate liability arising from or relating to the Services will not exceed the fees paid or payable by Customer for the affected Services during the twelve (12) months immediately preceding the event giving rise to the claim.
These limitations apply regardless of the legal theory under which liability is asserted.
18. Indemnification
Customer agrees to indemnify and hold harmless ClassImpact and its officers, employees and agents against third-party claims arising from:
- Customer Content
- Customer's unlawful use of the Services
- Customer's violation of third-party intellectual property rights
- Customer's violation of privacy or publicity rights
- Customer's material breach of these Terms
Any indemnification obligations will be subject to applicable law and any separate written agreement between the parties.
19. Intellectual Property Complaints
ClassImpact respects the intellectual property rights of others.
If you believe that content available through ClassImpact infringes your copyright, trademark or other intellectual property rights, please contact us and provide sufficient information to identify:
- The protected work;
- The allegedly infringing material;
- Where the material appears;
- Your contact information;
- The basis of your claim; and
- Evidence that you are the rights holder or authorized to act on behalf of the rights holder.
ClassImpact may remove or restrict access to content where we reasonably believe it infringes applicable intellectual property rights.
20. Confidentiality
Each party may receive confidential information from the other in connection with the Services.
The receiving party will use reasonable care to protect confidential information and will use it only for purposes related to the parties' business relationship.
Confidential information does not include information that:
- Is publicly available without breach of confidentiality
- Was lawfully known to the receiving party before disclosure
- Is independently developed without use of confidential information
- Is lawfully received from another source without confidentiality restrictions
Disclosure may be made where required by applicable law, court order or regulatory authority.
21. Feedback
Customer may provide ideas, suggestions or feedback concerning ClassImpact.
ClassImpact may use such feedback to improve its products and Services without restriction or compensation, provided that doing so does not grant ClassImpact ownership of Customer's confidential information or Customer Content.
22. Third-Party Services
ClassImpact may integrate with or provide links to third-party services.
Third-party services are governed by their own terms, privacy policies and service arrangements.
ClassImpact is not responsible for third-party services outside our reasonable control.
23. Changes to These Terms
ClassImpact may update these Terms periodically to reflect:
- Changes to the Services
- New features
- Changes in technology
- Changes in legal requirements
- Changes in our business practices
When we update these Terms, we will revise the Last Updated date.
For material changes, we may provide additional notice where required by law.
Continued use of the Services after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by applicable law.
24. Entire Agreement
These Terms, together with applicable Subscription terms, order forms, quotations, Privacy Policy, Cookie Policy, Acceptable Use Policy, Data Processing Agreements, and other expressly incorporated agreements, constitute the agreement governing Customer's use of ClassImpact.
Where Customer and ClassImpact have entered into a separately signed agreement, that agreement will take precedence over these Terms to the extent of any conflict.
25. Governing Law
These Terms will be governed by the laws specified by the legal entity operating ClassImpact or in the applicable Customer agreement, without regard to conflict-of-law principles.
If a separate written agreement specifies a governing law and jurisdiction, those provisions will apply.
Nothing in these Terms limits any mandatory rights available to consumers or users under applicable law.
26. Contact Us
If you have questions regarding these Terms or the ClassImpact Platform, please contact us using the contact information provided on ClassImpact.com.
ClassImpact Acceptable Use Policy
The following Acceptable Use Policy forms part of the ClassImpact Terms of Service.
Users must not knowingly upload, create, distribute or make available through ClassImpact content that:
- Is unlawful
- Infringes intellectual property rights
- Violates another person's privacy or publicity rights
- Is defamatory or unlawfully harassing
- Exploits or endangers children
- Contains malicious software
- Attempts to obtain unauthorized access to systems or data
- Facilitates fraud or other unlawful activity
- Contains unauthorized spam or deceptive solicitation
- Falsely represents endorsement by ClassImpact
- Interferes with the security or operation of the Services
Users must not:
- Attempt to bypass ClassImpact security controls
- Create accounts through fraudulent or unauthorized automated means
- Use bots or automated tools in a manner that disrupts the Services
- Conduct unauthorized vulnerability or penetration testing
- Collect information about other users without authorization
- Attempt to access another user's account
- Remove ClassImpact proprietary notices
- Use the Services to distribute malware
- Use the Services to attack or compromise another computer, network or service
This list provides examples and is not exhaustive.
ClassImpact may remove content or suspend or terminate access where we reasonably determine that use of the Services violates this Acceptable Use Policy, these Terms, applicable law, or creates a material security or legal risk.
Where appropriate, ClassImpact may cooperate with lawful requests from courts, regulators or law enforcement authorities.