Terms of use

These Terms of Use govern your use of Zearn.org and the services we provide (collectively, “Services”), which are owned and operated by Zearn. By accessing or using our Services, any person who accesses or uses the Site (“you” or “your”) agrees to be bound by the following Terms of Use and by our Privacy Policy available at https://about.zearn.org/privacy which is incorporated here by reference.

The Services are offered subject to your acceptance without modification of these Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use the Services.

We reserve the right, at our discretion, to change these terms in the future. When we do, we will notify you by updating the date of these Terms of Use and posting it on this page of our site. We will also notify you by email of any material changes to these Terms of Use. Your continued access or use of the Services following any changes to the Terms of Use constitutes your acceptance of those changes.

Use of Services

SERVICES‍

Zearn operates a web-based platform that delivers content and provides educators and administrators of educational institutions—as well as parents if they are the adults setting up accounts for their children to use at home—with insight into their students’ performance. In order to access and use portions of the Services, you will be required to register for an account. Zearn also offers the option for schools and/or districts to purchase a Zearn School Account that includes, but is not limited to, unlimited classroom sizes, administrative-level accounts, school or district-level reporting, dedicated support and roster set-up (“Zearn School Account”). Individual free accounts in the Services are subject to single classroom creation and classroom capacity limits. If you register for a Zearn School Account to use the Services on behalf of your educational institution, you will be required to agree to additional terms and conditions as the authorized representative of such educational institution (the "Zearn School Account Agreement"). If you have registered for an individual account, and your school or district subsequently purchases a Zearn School Account covering your classroom, Zearn may deactivate your individual account and you may be required to log in using your School Account credentials.

‍PASSWORDS AND SECURITY‍

Some portions of the Services may be restricted to registered users or a subset of users, e.g. Zearn School Account holders. When you register for access to such restricted Services, you agree to submit and maintain accurate and complete information. If we suspect that your information is untrue, inaccurate, out-of-date, or incomplete, we may suspend or terminate your access to the Services or request additional information from you. When registering for access to restricted portions of the Services, you may be asked to select a personal, non-transferable password. You may also be asked to provide information that we will use to confirm your identity in the event you submit a request for a lost or forgotten username or password. You are solely responsible for all activities that occur under your password-protected account and for ensuring the protection of your account information. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Password-protected accounts may not be shared or used by more than one individual. You agree that we may send to you in electronic form any notices or other communications regarding the Services.

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INTELLECTUAL PROPERTY

We retain all right, title, and interest in and to the Services, which are protected by applicable intellectual property laws,including United States and foreign copyright and trademark laws. No portion of the Services, including the trademarks and service marks, may be used, displayed or reproduced without the prior written consent from Zearn. You may not share or reproduce any portion of the Services outside of the Services or in any public forum.

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You may not use, display or reproduce them without the prior written consent of Zearn. Further, you may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any content offered by, viewed on, or received through this site or through the services. All other trademarks identified and contained on this site or within the Services are the property of their respective owners and their use herein does not imply sponsorship or endorsement of their products or services.

Portions of Zearn Math are derivative of Eureka Math and licensed by Great Minds. ©2017 Great Minds, Inc. All rights reserved. 

Eureka Math was created by Great Minds in partnership with the New York State Education Department and also released as EngageNY.

Portions of Zearn Math are also licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License (CC BY-NC-SA 4.0) at  www.creativecommons.org/licenses/by-nc-sa/4.0/legalcode. ©2017 Great Minds, Inc. Some rights reserved. www.greatminds.org/math. The original work has been modified.

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LICENSES‍

Zearn grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

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COPYRIGHT INFRINGEMENT‍

Zearn respects the intellectual property rights of others, and requires that the people who use the Services do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement and is accessible on the Services, you may notify us by providing our copyright agent with the following information in writing:

1. Your name, postal address, telephone number and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the alleged infringing material is located, with a link, if possible;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted material; and
6. A statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (“DMCA”) is:

Zearn CEO

PO Box 20, New York, NY 10116

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USER SUBMISSIONS‍

Zearn does not solicit creative ideas or suggestions relating to products or marketing plans via the Services. If you do send such materials, including any concepts, know-how, notes, drawings or techniques, Zearn shall be free to use them for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products. Zearn shall not be liable to you or to any person claiming any commercial or non-commercial rights related to our use or disclosure of any submission.

Liabilities

LIMITATIONS OF LIABILITY‍

In no event shall Zearn or its affiliates, or any of their respective directors, officers, employees, agents, representatives and suppliers (or their respective successors and assigns) be liable to you or any third party in contract, tort (including negligence) or otherwise for any direct, indirect, consequential, special, incidental or putative damages, including, but not limited to, loss of use, service interruptions and loss of data, regardless of whether these parties had advance notice of the possibility of any such damages.

Zearn’s total liability to you for any claim arising out of or relating to the services shall not exceed $100. Some states do not allow the foregoing limitation of liability so they may not apply to you.

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‍INDEMNITY‍

To the extent that state law allows, you agree to indemnify and hold Zearn and its directors, officers, employees and agents harmless from any loss, damage, liability or demand, including reasonable attorneys’ fees, arising out of, resulting from or connected with the use of the Services and/or arising from your breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with any reasonable requests to assist us in our defense of such matters.

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RELEASE‍

In the event that you have a dispute with any user(s) of the Services, you release Zearn and its directors, officers, employees and agents from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Representations

USER REPRESENTATIONS‍

By using and/or registering for the Services, you represent that:

• You are an adult, parent or legal guardian or you are a school or district employee authorized by your education institution to create an account for the Services;
• You will use the Services in compliance with all applicable laws and regulations;
• Your registration information is accurate;
• You will keep your account credentials, including your user name and password, confidential and will be responsible for all use of your account. If you suspect any unauthorized use of your account, please contact us at privacy@zearn.org.; and
• If you create an account on behalf of any student, you represent that you are authorized to accept these Terms of Use on their behalf, and agree to be responsible for ensuring that those student users comply with these Terms of Use.

In addition, you will not:

• Infringe on our or any third party’s intellectual property or other proprietary personal or legal rights;
• Obtain or attempt to obtain unauthorized access to our systems, materials or information;
• Impersonate another user, misrepresent your affiliation with a person or entity, or attempt to hide your identity;
• Upload, post or otherwise transmit content that contains personally identifying     information (including, but not limited to actual names, phone numbers, mailing addresses or e-mail addresses), derogatory, harmful, abusive, defamatory or unlawful content, content that is invasive of another’s privacy or otherwise objectionable or commercial in nature;
• Use the Services in any manner that could damage, disable, impair or overburden the Services;
• Use the Services to gain any competitive advantage over Zearn;
• Reproduce, rent, sell, modify, translate, decompile, disassemble, reverse engineer or create derivative works of the Services; or
• Circumvent or disable any security or technological features or measures that protect the Services.

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NO WARRANTIES‍

The Services are provided “as is”. Zearn makes no representations or warranties about the reliability, quality, suitability, availability, accuracy or completeness of the Services, and is not subject to liability for any delays or interruptions, viruses or other harmful components. You agree that your use of the Services is at your own risk. We reserve the right to modify, suspend or discontinue the Services at any time without notice. We further reserve the right, at any time without prior notice, to terminate your account and use of the Services for lack of use or if Zearn believes that you have violated these Terms of Use. You agree that we shall not be liable to you or any third party for such actions.

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LINKS‍

We may provide links to other Web sites or resources. These links are provided solely as a convenience to you and inclusion of such links does not represent an endorsement by Zearn. We are not responsible for the content of any linked websites or resources, and make no representations regarding the accuracy of such websites or resources.

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RESTRICTIONS

In compliance with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly request or collect personally identifiable information from users under 13 years of age. Zearn collects personal information about students when it is provided by a parent or a school representative authorized to share the student’s information.

If you provide a child with access to the Services, you represent and warrant that you are the parent or legal guardian, or the educator or administrator of an educational institution and have obtained the necessary consents from the parent or legal guardian to provide such access.

Communications

NOTICE‍

By using the Services, you consent to receiving electronic communications from Zearn providing notices about your account and information concerning or related to the Services. 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.

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QUESTIONS‍

Please direct any questions regarding these Terms of Use to:

privacy@zearn.org

Miscellaneous

HEADINGS 

The headings identifying the sections and subsections of these terms of use are for reference only and do not define, modify, expand, or limit any of the terms or provisions herein.

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GOVERNING LAW AND ARBITRATION‍

These Terms of Use are governed by the laws of the State of Delaware. Any controversy or claim arising out of or relating to these Terms of Use will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Delaware, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Delaware law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.

Zearn controls and operates the Services from its offices in New York, NY, United States of America and makes no representation that these materials are appropriate or available for use in other locations including, but not limited to, outside the United States of America.

State-Specific Notices

For California local educational agencies, pursuant to California Education Code Section 49073.1:

Definitions:

"Deidentified information" means information that cannot be used to identify an individual pupil.

"Pupil-generated content" means materials created by a pupil, including, but not limited to, essays, research reports, portfolios, creative writing, music or other audio files, photographs, and account information that enables ongoing ownership of pupil content. "Pupil-generated content" does not include pupil responses to a standardized assessment where pupil possession and control would jeopardize the validity and reliability of that assessment.

1. Zearn agrees and acknowledges that pupil records as defined in California Education Code Section 49073.1 are the property of and remain under the control of the local educational agency.
2. Zearn does not include any features by which pupils may enter pupil-generated content.
3. Zearn will never use any information from the pupil record for any purpose other than those required or specifically permitted by our Terms of Use or the Zearn School Account agreement, if applicable.
4. A parent, legal guardian or eligible pupil age 18 and older may review personally identifiable information in the pupil’s record and correct erroneous information by contacting the school or district, which has the sole responsibility to access, amend and correct information through the classroom portal provided as part of Zearn.
5. Zearn maintains commercially reasonable security standards to help safeguard pupil records. These include encryption of data in transit and at rest, use of two-factor authentication to access the system, regular software security updates and additional network and physical security measures. In addition, Zearn staff members undergo annual privacy and security training.
6. In the event of an unauthorized disclosure of pupil records, Zearn will notify the school or district as required by law. In addition, Zearn shall provide the school or district with the name and contact information for a Zearn staff member who shall be available to assist the school or district in resolving obligations associated with any such incident.
7. Upon receipt of written notice, or if applicable, upon completion of the term of a Zearn School Account Agreement and with written authorization from the school or district, Zearn will delete pupil records. Zearn will provide written certification of such deletion upon request.
8. (A) In support of the school or district compliance with FERPA, the school or district appoints Zearn, and any third parties assisting Zearn in carrying out its responsibilities under the Terms of Use and, if applicable, Zearn School Account Agreement, as reasonably determined by Zearn, as a "school official" as that term is used in FERPA §§99.31(a)(1), and determines that Zearn, and any such third party, as appropriate, has a "legitimate educational interest," for the purpose of carrying out its responsibilities under the Terms of Use and Zearn School Account Agreement, if applicable. (B) Zearn acknowledges that it shall be bound by all relevant provisions of FERPA and agrees that personally identifiable information obtained from the school or district by Zearn in the performance of its responsibilities under the Terms of Use and Zearn School Account Agreement, if applicable, will not be disclosed to a third party unless that third party is assisting Zearn in carrying out its responsibilities.

Zearn acknowledges and agrees that personally identifiable information from pupil records shall not be used for the purpose of engaging in targeted advertising

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For Connecticut local or regional boards of education, pursuant to Connecticut Public Act 16-189:

“Student information,” “student records” and “student-generated content” have the same definitions as appear in CT Public Act 16-189.

1. Student information, student records and student-generated content as defined in CT Public Act 16-189 are the property of and under the control of the school or district and not Zearn.
2. The local or regional board of education may request the deletion of student information or student records in the possession of Zearn by sending a written request to Zearn. Zearn will delete the data as requested.
3. Zearn shall not use the student information or student records for any purposes other than those authorized pursuant to the Terms of Use and, if applicable, the Zearn School Account Agreement.
4. A student, parent or legal guardian of a student may review personally identifiable information contained in the student records and correct erroneous information, if any, in such student record by contacting the school or district, which may access and amend all such records via the classroom portal provided by Zearn.
5. Zearn maintains commercially reasonable security standards to help safeguard your student information. These include encryption of the data in transit and at rest, use of two-factor authentication to access the system, regular software security updates and additional network and physical security measures. In addition, Zearn staff members undergo annual privacy and security training.
6. In accordance with the provisions of Section 4 of CT Public Act 16-189, in the event of an unauthorized release, disclosure or acquisition of student information or student records, Zearn shall notify the local or regional board of education as soon as practicable, but no later than the period of time required in clauses (a) (1) or (2) of Section 4 of CT Public Act 16-189 (as applicable) after Zearn becomes aware of it.
7. Upon completion of the contracted services, and with the written request from the school or district that student information be deleted, Zearn shall delete the data. If no such request is received, personally identifiable information from pupil records will be destroyed in accordance with the Zearn Privacy Policy. Zearn does not include any features that allow for submission of student-generated content.
8. Zearn shall work with the local or regional board of education to ensure compliance with the Family Educational Rights and Privacy Act of 1974, 20 USC 1232g, as amended from time to time.
9. The laws of the state of Connecticut shall govern the rights and duties of the parties with respect to this section of the Terms.
10. Should any provision of these Terms be held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the Terms which can be given effect without the invalid provisions or application.

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For Colorado local or regional boards of education, pursuant to Colorado Revised Statute 22-16-101, et seq.:

“Student personally identifiable information,” “school service contract provider”, “contracting public education entity” and “local education provider” have the same definitions as appear in CRS 22-16-101 et seq.

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For Illinois local educational agencies, pursuant to 105 ILCS 85/1 et. seq. (SOPPA):

“Covered information” has the same definition asappears in 105 ILCS 85, § 5.

1. Pursuant to the Federal Family EducationalRights and Privacy Act of 1974, Zearn is acting as a school official with a legitimate educational interest, is performing an institutional service or function for which the school would otherwise use employees, under the direct control of the school, with respect to the use and maintenance of covered information, and is using the covered information only for an authorized purpose and may not re-disclose it to third parties or affiliates, unless otherwise permitted under SOPPA, without permission from the school or pursuant to court order.
2. In the event of an unauthorized release of covered information attributable to Zearn (“breach”), Zearn will agree to reimburse the school for those reasonable costs and expenses incurred in investigating and remediating the breach, and as shall be agreed between the school and Zearn. Such costs and expenses may include: providing notification to the parents of those students whose covered information was compromised and to the regulatory agencies or other entities as required by law or contract; reasonable legal fees, costs, fines, fees, or damages imposed against a school as a result of the breach; providing any other notifications or fulfilling any other requirements adopted by the State Board or of any other State or Federal laws.
3. Zearn must delete or return all covered information if the information is no longer needed for the purposes of providing the Services.  Zearn will delete covered information in accordance with the timelines in Zearn’s Privacy Policy, or upon written request from the school.
4. If the school maintains a website, these terms must be published on the school’s website. If the school does not maintain a school website, the school must make these terms available for inspection by the general public at its administrative office.
5. In order to deliver the Services, Zearn relies upon certain third-party service providers who may have access to covered information, as described further in Zearn’s Privacy Policy.

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For New York educational agencies, pursuant to N.Y. Education Law § 2-d:

"Student data" has the same definition as appears in N.Y. Education Law § 2-d.

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For Utah education entities, pursuant to Utah Code 53A-1-1409:

Zearn agrees that at the request of the Utah education entity that has contracted with Zearn, the education entity or the education entity's designee may conduct an audit to verify compliance with these Terms.