Welcome to Strawbees Terms of Service

Date 2022-10-20

These Terms of Service constitute an agreement between you (collectively "user", "users", “customer” or “customers”) and Strawbees AB (collectively "Strawbees", "we", "us" or "ours") that governs your use of our services located at strawbees.com, classroom.strawbees.com, and admin.strawbees.com (from now on referred to as “our Services”).

These Terms explain the rules you need to follow when you visit our Services located at strawbees.com and related subdomains, any affiliated web pages we may host, our mobile applications (“Apps”), and any other services we might offer (together with the Sites, Apps, and related services are our “Services”). These terms also constitute the agreement between you and us when purchasing a license for our service Strawbees Classroom(“SC”) (becoming a “customer”).

Please note that Section 11 of these Terms describes what happens in the event of a dispute between you and Strawbees, and includes a binding arbitration clause as well as a class action waiver. Please review that section carefully as it affects your right to a jury trial and to participate in a class or representative action.

1. OUR SERVICES

1.1 STRAWBEES CLASSROOM

Strawbees Classroom is a web service that gives users access to courses, lesson plans, and activities to be used by teachers in the classroom. The site lets you find and arrange materials based on what other Strawbees products you own and which curriculum you want to follow. As a user, you can create and save your own courses.

Users of the SC include Users who have registered for an SC (“Account”) or Users who have access to open portions of the site or Student facing materials shared by a registered User. By using our Services as a User, Customer, or in any other manner, you agree to follow these Terms, including the terms of our Privacy Policy.

1.1 STRAWBEES ADMIN

Strawbees Admin is a web service that gives customers access to see and handle their License Subscriptions. They can invite users, see which users have connected their Licenses, and also withdraw access for users to the Licenses that are part of the subscription.

2. ACCOUNTS

2.1. ELIGIBILITY

To use some aspects of our Services, you will be asked to create an Account. Only individuals who are 18 years of age or older are eligible to create an Account. By registering for an Account, you represent and warrant that you are at least 18 years old.

When you create an Account, the information you provide needs to be true and accurate. Don’t provide fake or false information, don’t provide information that violates someone else’s rights, and don’t impersonate someone else.

We may ask for proof of your age or identity at any time in order to verify your Account and we may close or suspend access to your Account if you violate this rule or if we are unable to verify your age or identity. If you’re a school, organization, government, business, or other entity, the person whose email address is associated with the Account must have the authority to bind the entity to this Agreement.

2.2 PERSONAL DATA

To use some features of our Services, you will need to register and create an Account.

When registering for an account, you will be asked to provide certain personal information, such as but not limited to your email address, name, country, profession, school, grades you work with, or which Strawbees products you have access to. Please see our Privacy Policy for what data we collect, how and why we use it, and where you can find out more.

2.3 YOUR RESPONSIBILITY

It’s your responsibility to keep your login information confidential and you’re responsible for any and all activity that happens under your Account whether or not you authorized it. If you believe that your Account has been accessed by an unauthorized person, please contact our customer support team as quickly as possible at support@strawbees.com You may not use another person's account or share your own login information with anyone else.

2.4 ACCOUNT CLOSURE

Closure by Strawbees. We may, at our discretion, close or suspend the Account of any User at any time for any reason, with or without notice. We reserve the right to delete accounts that are considered inactive, that is, accounts that have not had any interaction for more than 12 months. We reserve the right to delete accounts that have not verified their email address.

Closure by You. You have the right to close your account at any time, without notice to us. In SC you can close your Account from the Account Settings. Admin accounts can be closed by contacting us at: support@strawbees.com.

Effect of Account Closure. After your account is closed, you’ll no longer have access to your Account information, created courses, or any other saved or edited content. For more information about your Account information and our data retention practices, take a look at our Privacy Policy

Discontinue Services. We may change, suspend, or discontinue offering our Services at any time. Any suspension or discontinuation of our Services may mean that your Account, including any Resources or other materials, may not be available to you or other Users. We are not liable to you for any impact a change, suspension, or discontinuation of our Services may have including the loss of access to any Resources that you’ve access to through subscription, or loss of income from your temporary or permanent inability to use our Services.

3. LICENSE SUBSCRIPTIONS

3.1 WHAT IS A STRAWBEES CLASSROOM LICENSE?

To get full access to the features in Strawbees Classroom, a User account needs to be connected to a Strawbees Classroom License. (SC License). An SC License exists independent of the user account and can be transferred from one Account to another by the owner of the license. A license can only be used by one account/user at a time.

3.2 WHAT IS A SUBSCRIPTION?

The way to get an SC license is through a yearly Subscription. Each Subscription can hold from one to your chosen number of SC Licenses.

The Subscription period is a minimum of one year with one pre-payment per year. The subscription is automatically renewed one year at a time unless the customer cancels their subscription. Upon renewal, we may increase the fees to reflect future changes to our list prices. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal.

3.3 CANCELING YOUR SUBSCRIPTION

If you do not wish to renew your subscription you can contact us anytime during the Subscription Term. We do not provide refunds if you decide to stop using the SC subscription during your Subscription Term.

4. RULES OF USAGE

4.1 CODE OF CONDUCT

You may not use our Services in any way, that:

  • Promotes bigotry, discrimination, hatred, or violence against any individual or group.
  • Threats, harass or intimidate any other person, whether that person is a service user or not.
  • Contains foul language or personal attacks.
  • Disrespect, discriminate, or has the effect of marginalizing the experiences, lives, or beliefs of others.
  • Contains sexually explicit or graphically violent material.
  • Asks any other user for personally identifying information, contact information, or passwords.
  • Exposes any other person's personally identifying information, contact information, or password.

4.2 COMPLY WITH LAWS

You agree to comply with all applicable laws and regulations when you use our Services. You may not use our Services in any unlawful way, including to harass, stalk, or defame any other person. You may not impersonate, imitate, or pretend to be somebody else when using our Services. You may not provide instructions on how to commit illegal activities or obtain illegal products.

4.4 NO DISRUPTION

You agree not to use our Services in any way intended to disrupt our Services, gain unauthorized access to our Services, or interfere with any other user's ability to use our Services. You may not post resources directing Users to external sales channels or resources that link to other online retailers or e-commerce sites.

5. USER-GENERATED CONTENT AND LICENSING

5.1 WHAT IS USER-GENERATED CONTENT

For the purposes of the Terms of Service, "user-generated content" includes any course, lesson, or activity that a User submits to our services.

All user-generated content is provided as-is. We make no warranties about the accuracy or reliability of any user-generated content available through our Services. We do not endorse any views, opinions, or advice expressed in user-generated content available through our Services. You agree to relieve us of all liability arising from content available through our Services.

5.2 ALLOWED LICENSES

All user-generated content that is created by that you submit to our Services is licensed to and through our Services. This content will automatically get the license of Attribution-ShareAlike 4.0 International (CC BY-SA 4.0).

This allows others to view and remix your content. This license also allows us to display, distribute, and reproduce your content on our Services, through social media channels, and elsewhere. If you do not want to license your content under this license, then do not share it on our Services.

If any part of the content you have uploaded is not created by you it must be licensed under one of the following licenses:

Please note we can not accept: Creative Commons: Attribution-NoDerivs (CC BY-ND), Attribution-NonCommercial (CC BY-NC), Attribution-NonCommercial-ShareAlike (CC BY-NC-SA), Attribution-NonCommercial-NoDerivs (CC BY-NC-ND), or any works distributed under any other license even “Royalty free” licenses (Commercial or non-commercial).

5.3 REPORT INAPPROPRIATE CONTENT

Although we require all Users to comply with these Terms of Service, some inappropriate user-generated content may be submitted and displayed on our Services. You understand that when you use our Services you may be exposed to user-generated content that you find objectionable or offensive. If you see any content that violates the Terms of Service, please let us know by reporting it to support@strawbees.com.

5.4 STRAWBEES MODERATION

In addition to reviewing reported user-generated content, we reserve the right but are not obligated to monitor all uses of our Services. We may edit, move, or delete any content without notice.

6. YOUR PRIVACY

6.1 OUR PRIVACY POLICY

The privacy and security of your data and the personally identifiable information you give us are important to us. Our Privacy Policy explains the data we collect from you and how we use it. By using our Services, you agree that we may use such data in accordance with our Privacy Policy.

6.2 HOSTED CONTENT

We don’t control and aren’t responsible for the Content posted by our Users, including any disclosures of personal information by our Users. However, it’s important to us that our Users respect the privacy rights of others. If you believe that Content on our Services violates your personal privacy rights, contact us at support@strawbees.com for assistance.

7. INTELLECTUAL PROPERTY

7.1 STRAWBEES IP

Except for any user-generated content or explicitly stated 3dr party content, all other aspects of the Site and the Apps you find on our Services are owned or controlled by us. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site or Apps (collectively "the Strawbees IP"). . This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights.

You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose we mean that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Site Assets. Unless you are licensed by us under a specific licensing program or agreement, you may not use these logos to label, promote, or endorse any product or service. You may use the Strawbees and Strawbees Classroom logos to refer to our Services.

7.2 THIRD PARTY LICENSES

The content on our Services may contain images and sounds and other media that are trademarked by third parties. The fact these media are included does not in any way limit or reduce intellectual property rights, including trademark rights, otherwise available to the materials' owners. Nothing in these Terms of Service or the Creative Commons Attribution-ShareAlike (3.0 or 4.0) license will be construed to limit or reduce any party's rights in that party's valid trademarks. You may not use these materials to label, promote, or endorse any product or service. You are solely responsible for any violation of a third party's intellectual property rights caused by your misuse of these materials.

7.3. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

If you are a copyright holder and believe that content on our Services violates your rights, you may send a DMCA notification to support@strawbees.com. For more information, including the information that must be included in a DMCA notification, see the text of the DMCA, 17 U.S.C. § 512.

If you are a user and you believe that your content did not constitute a copyright violation and was taken down in error, you may send a notification to support@strawbees.com Please include: Your name and email address; The specific content you believe was taken down in error; and A brief statement of why you believe there was no copyright violation (e.g., the content was not copyrighted, you had permission to use the content, or your use of the content was a "fair use").

8. INDEMNITY

You agree to indemnify, defend, and hold harmless Strawbees its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.

9. LIMITATIONS OF LIABILITY AND WARRANTY DISCLAIMER

9.1 OUR SERVICES

We work hard to ensure that our Services are always available and working properly, but disruptions do occur from time to time and we can’t guarantee that any or all features will always work, or that our Services will be continuously available.

We are constantly working to improve our Services for all of our Users. We may update or change available functionality at any time. We make no guarantees to Users respecting the findability or searchability of any Resource offered through our Services.

You agree that the Services are provided on an “as is” and “as available” basis. Strawbees (including its employees, officers, directors, agents, and affiliates) disclaims any warranty of any kind, express or implied, with respect to your use of the services. We make no guarantees respecting the availability of the services, the security of the services at any particular time or from any particular location, the correction of any defects or errors, the existence of any viruses or other harmful materials, or any other guarantees.

You agree that Strawbees (including its employees, officers, directors, agents, and affiliates) shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, reputation, use, data, or other intangible losses, resulting from: (i) the access to, use, or the inability to access or use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Strawbees liability to you or any third party shall be limited to (a) the total amounts paid by you to Strawbees during the twelve (12) months prior to the claim or action allegedly giving rise to such liability, or (b) one hundred dollars ($100.00 USD), whichever is the lesser amount.

9.2 CONTENT

The content does not reflect the opinions or the official policy or position of Strawbees. Strawbees makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, or other aspects of any Content.

9.3 OTHER USERS

You may have the ability to communicate, interact, or otherwise connect with other Users through our Services. It’s your responsibility to take precautions when sharing any information about yourself with another User or anyone else, and you release Strawbees from any liability that may arise out of your interactions with another User of our Service.

9.4 THIRD-PARTY CONTENT

As you use our Services, there may be links or other ways for you to visit other websites not owned or controlled by Strawbees. When you access third-party websites, you do so at your own risk. Strawbees cannot and does not make any representations or warranties about other websites or services.

9.5 THIRD-PARTY SERVICES

The Services may link to other websites, or use other services or resources on the Internet in conjunction with our Service (“Third Party Services”), and Third Party Services may contain links to the Services. When you access Third Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third Party Services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third Party Service.

9.6 COMMUNICATION

Strawbees reserves the right to communicate with the Customer and the Users, also for marketing purposes. Such communication can be newsletters, product updates, offers, or other information related to the Application. Both Customers and Users may opt-out of receiving emails from Strawbees at any time by unsubscribing at the end of the email. Notwithstanding the aforementioned, Strawbees reserves the right to communicate with the Customer and its Users via email regarding specific orders, requests, or inquiries from the Customer and its Users that are related to the Services.

10. CHANGES TO THESE TERMS

We may make changes to these Terms from time to time. Whenever the changes we’re making are material to you, we’ll attempt to notify you before those changes go into effect so that you can choose whether or not to continue using our Services. To notify you, we may send a message to the email address we have for your Account, we may post notifications around our Services, or we may use other communication methods to reach you. This includes periodic changes to our Privacy Policy, Community Guidelines, and any other policies which are incorporated as part of these Terms. The notice will include the date on which the changes will be effective. Continuing to use our Services after the changes go into effect serves as your acceptance of the changes.

11. OTHER TERMS

11.1 JURISDICTION

Our Services are offered by us from its facilities in Sweden. We make no representations that our Services are appropriate or available for use in other locations. Those who access or use our Services are responsible for compliance with local law.

11.2 DISPUTES AND GOVERNING LAW

The Terms shall be governed by and construed in accordance with the substantive laws of Sweden, without regard to its principles of conflict of laws.

If you have a concern or problem with our Services, we want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting legal@strawbees.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Strawbees may bring a formal proceeding.

Any dispute, controversy or claim, in contract or in tort or otherwise, arising out of or in connection with the Terms (including for the avoidance of doubt an Order Form) and/or the Services provided hereunder, or the breach, termination or invalidity thereof, shall be exclusively and finally settled by arbitration under the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce, unless the Arbitration Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the Arbitration Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators, to be appointed by the Arbitration Institute. The place of arbitration shall be Stockholm, Sweden. The language to be used in the proceedings shall be English. Confidentiality shall apply to the arbitral proceedings and any information disclosed or decision or arbitral award made or declared during such proceedings.

11.3 CHOICE OF LANGUAGE

If we provide you with a translation of the English language version of these Terms of Service, the Privacy Policy, or any other policy, then you agree that the translation is provided for informational purposes only and does not modify the English language version. In the event of a conflict between a translation and the English version, the English version will govern.

11.4 NO WAIVER

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

11.5 SEVERABILITY

If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms and will have no impact on the enforceability of the remainder of these Terms.

11.6. ENTIRE AGREEMENT

This document, together with all appendices, constitutes the entire Terms of Service and supersedes all previous agreements with us relating to the use of sour services.

12. SURVIVAL OF TERMS

The following provisions survive if you cease using one of our Services or your Account is closed by you or by Strawbees for any reason:

  • Visitors. If you continue to access our Services as a Visitor, any Terms that apply to Visitors still apply to you.

  • Intellectual Property Rights. You still have to respect our intellectual property rights as described in Section 7, and if you’ve posted Content, you’re bound by Section 5

  • Privacy Policy. Section 6 of these Terms and the terms of our Privacy Policy continue to apply, including data we collect from Visitors if you continue to visit our Site, how we treat and use your Account information after your Account is closed, and how you can report Content that you believe violates your privacy rights.

  • Disputes with Strawbees. Any legal action that might arise between you and Strawbees related to your use of SC is governed by the provisions of Section 11 of these Terms.

  • Warranty Disclaimer, Limitation of Liability, and Indemnity. (Section 8 and Section 9). Strawbees’ warranty disclaimer remains in effect, you can’t hold Strawbees liable for losses or damages due to your use of Strawbees, and you still have to defend Strawbees against legal action arising from your use of the Services.

13. HOW TO CONTACT US

You can reach us by emailing: support@strawbees.com or sending a letter to:

Strawbees AB, Stenkolsgatan 1B, 417 07 Gothenburg, SWEDEN