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KOLIBRI TERMS OF SERVICE

The Foundation for Learning Equality, a 501(c)(3) non-profit organization (hereinafter referred to as “Learning Equality” or “Us”), is the provider of Kolibri (the “Software”).

Learning Equality is committed to enabling every person in the world to realize their right to a quality education, by supporting the creation, adaptation and distribution of open educational resources, and creating supportive tools for innovative pedagogy.

These Terms of Use ("Terms") govern your use of the Kolibri Software, apps, and other products and services ("Services"). Visitors and users of the Software are referred to individually as “User” and collectively as “Users.”

By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Policy below).

The effective date of these Terms of Use is December 5, 2017.

USING KOLIBRI

You may use our Services in compliance with these Terms and all applicable laws. When you create your Kolibri account, and subsequently when you use certain features, you must provide us with accurate and complete information. If you are under 13 years of age, permission to use this Service must be obtained from your parent, guardian or teacher over the age of 18.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. Using our Services does not transfer ownership to you of any intellectual property rights in our Services or the content you access.

SOFTWARE LICENSING

The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software and services, and all other elements of the Software (the “Software Materials”) are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights.

Copyright for the Kolibri software, except where otherwise specified, belongs to Learning Equality. The Kolibri codebase (https://github.com/learningequality/kolibri) is released for use under the open-source MIT license (see http://opensource.org/licenses/MIT). Trademark for the “Kolibri” brand and accompanying logo belong to Learning Equality.

CONTENT LICENSING

Learning Equality encourages the creation of openly licensed content in order to allow for open sharing, reuse, remixing, and adaptation of learning resources by Users and the organizations that serve them.

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties, and links to Softwares and services maintained by third parties. The content included in Kolibri is sourced from various providers, and copyright ownership of the content, as well as the license under which Users are permitted to access the content, is specified in the attribution below each piece of content on the Software.

The materials appearing on the Software might include errors, for example technical, typographical, or photographic errors. Learning Equality does not warrant any of the materials on its Software are accurate, complete or current. Learning Equality cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate. Learning Equality disclaims any responsibility or liability related to your access or use of such third party content.

Learning Equality may in its sole discretion make changes to the materials contained on its Software at any time without notice. While Learning Equality strives to keep content in the platform updated and well-maintained, it does not make any commitment to update the materials at particular intervals.

USER CONTENT

The Services enable you to share your content, such as MP3, MP4, HTML5 Zip files and exercises that are authored or uploaded through Kolibri Studio ("User Content"), with Learning Equality, Admins, and/or other users. You or the original copyright holder retain all intellectual property rights in, and you are responsible for, the User Content you share. You guarantee that the attribution and licensing information you provide along with User Content is accurate to the best of your knowledge, and that you have the appropriate permissions (as provided by the content license, or in writing from the copyright holder) to distribute the User Content through the Software.

PRIVACY POLICY

This Privacy Policy informs you of our privacy practices and your choices and rights around the personal data that we collect. This Privacy Policy applies to the Kolibri Learning Platform (“Learning Platform”), Kolibri Android App (“App”), Kolibri Studio (“Studio”), and all related websites (herein collectively referred to as “Kolibri”). This Privacy Statement does not apply to third party applications or partner organizations that may use our software or be used in conjunction with our software.

Learning Equality recognizes your right to privacy, and will take reasonable steps to protect this. Some parts of Kolibri allow you to give us personal information, such as your name and email address. We may use the information you provide to improve Kolibri. Where you have choices about how we use the information you provide, we will indicate this at the point of collection. Because of the way Kolibri operates, we may also use information from your browser or browsing activities to personalize or route you to relevant information. For example, we may use your IP address, browser information, cookies or web beacons in ways that help us maintain some of your preferences, or understand how our visitors navigate the site so we can improve it. We may store your personal information outside of the European Union.

Any data stored within the Kolibri Android App remains on your device and is not transmitted to our servers or third parties unless you explicitly sync it. The App may access your device storage to read and write content files that you download or create within the App. This data is stored locally and is not shared unless you choose to sync it with the Kolibri Data Portal. If you wish to delete the data stored locally on your device by the App, simply uninstall the App from your device. This will remove all local data stored by the App. If you have synced your data with Learning Equality's online Kolibri Data Portal, you can request data deletion by contacting us at [email protected].

Learning Equality is committed to learning constantly and improving the quality of Kolibri, and records related to your interactions with Kolibri may be used for research. Research findings will typically be reported at the aggregate level, and your personal identity will never be publicly disclosed in any research findings without your express consent. Learn more about Learning Equality’s core values.

For any privacy-related inquiries or requests, please contact us at [email protected]. We may update this Privacy Policy from time to time to reflect changes in our practices or for operational, legal, or regulatory reasons. We will notify you of any significant changes by posting the new Privacy Policy on our website and within the App. Your continued use of the App after such changes indicates your acceptance of the updated Privacy Policy.

ACCEPTABLE USE

We want to ensure that our Users feel safe and are at ease when using our Services, and provide the following guidelines when utilizing the Kolibri platform. As such, you agree not to:

• Share your password, let anyone access your account, or do anything that might put your account at risk.
• Attempt to access any other user's account.
• Access, tamper with, or use non-public areas of our systems, unless specifically authorized by us in writing to do so.
• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software, or test the vulnerability of our systems or networks, unless specifically authorized by us in writing to do so.
• Intentionally interfere with or damage operation of the Software or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

We reserve the right to disable accounts for reasons including, but not limited to, violations of the Acceptable Use policy or any other provision of these Terms.

SECURITY

We care about the security of our users. While we work to protect the security of your account and related information, Learning Equality cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing [email protected].

Last modified: 2018-05-24 8:30 AM PT