Last updated February 26, 2024.
Please read our Terms of Service and Privacy Policy carefully and reach out to support@grouper.school should you have any questions.
The following are the terms and conditions ("Terms of Service") that define the relationship between Grouper Education, Inc. (operating as Grouper ("Company," "Grouper," "we," or "us")) and you, and govern your use of Grouper's Services. The term "you" shall refer to the individual end-user or, where applicable, to the company, institution or other legal entity utilizing the Services.
If you have any questions or concerns about these Terms of Service or how we protect our community, please contact us at support@grouper.school – we'd love to help!
Thank you for your interest in Grouper, which owns and operates the services offered on https://grouper.school ("Grouper Website") and any associated applications ("Grouper Apps") or products and services (e.g. the "Grouper Blog") that the Company may provide now or in the future (collectively, the "Service" or "Services").
When using the Service, you will also be subject to the Grouper Privacy Policy and any published guidelines, policies or rules applicable to our website or apps, which may be posted at any time (collectively the "Guidelines"). These Terms of Service and our Privacy Policy, including any other Guidelines and future modifications (collectively, the "Agreement"), govern your use of the Service and are a legal contract between you and Grouper. By signing up for an account on, or otherwise accessing or using the Grouper Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are using the Service on behalf of a school, institution, company or organization that has a separate written agreement with Grouper, that agreement shall govern your use of the Service, and all matters not covered by said agreement will supplemented by and subject to our Terms of Service, Privacy Policy and related Guidelines. We reserve the right to monitor your account and usage of our Services to enforce the terms of this Agreement. Your use of our Service constitutes your agreement to such monitoring. Breaches of these terms can result in immediate account termination and further legal action, as well as the imposition of financial penalties at our discretion. We reserve the right to refuse to create an account or to delete an account at our discretion.
If you are entering into this Agreement on behalf of a company, institution or other legal entity, you acknowledge that you have the authority to bind said entity to these terms and conditions, in which case the terms "you," "your" or "Member" shall refer to said entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service, and Grouper shall not be responsible for any use you make of the Service without the pertinent authorization.
EDUCATIONAL INSTITUTIONS UTILIZING THE SERVICE MUST MONITOR THE RIGHTS AND INTERESTS OF THEIR STUDENTS AND MUST THEREFORE TAKE SPECIAL CARE IN THE REVIEW OF THIS AGREEMENT. GROUPER SHALL NOT BE RESPONSIBLE FOR ANY NEGLIGENCE OF THE EDUCATIONAL INSTITUTION IN THE REVIEW OF THIS AGREEMENT. WHERE APPLICABLE AS PER PRIVACY REGULATIONS, PERTINENT CONSENT FROM PARENTS, LEGAL GUARDIANS OR ELIGIBLE STUDENTS PRIOR TO UTILIZING THE SERVICE MAY BE REQUIRED.
U.S. Educational Institutions and Parental Consent: If you or your school decide to utilize the Service with students under the age of thirteen (13), COPPA requires to either obtain parental consent or for the school to consent on behalf of the children's parents, which is commonly referred to as "School Consent." At the same time, yet subject to exceptions, FERPA prohibits schools from disclosing personally identifiable information from a student's education record to a third party without written consent from the parent or eligible student. Typically, schools are exempted from obtaining parental consent under FERPA when Grouper is identified as a "school official," meaning Grouper is performing an institutional service or function for which the school would otherwise use its own employees. Grouper complies with both COPPA and FERPA regulations when it comes to parental consent required to utilize the Service in an educational context. Please note, however, that the previous statements do not constitute legal advice, and we recommend you seek guidance from the school's designated legal counsel if you have any concerns or inquiries regarding compliance with COPPA, FERPA, and other applicable privacy regulations.
European Educational Institutions and GDPR: According to article 8 of the GDPR, minors shall be entitled to give valid consent only if they are 16 years old or older (unless Member States have set a lower age limit which, nonetheless, cannot be under 13 years old). Under that age limit, processing of personal information related to minors shall be subject to parental consent when consent is the lawful basis to process children's education data. Schools are in control of their students' personal information and are obliged to take all necessary measures for protecting said information. In terms of the GDPR, schools are data controllers and thus determine the purposes and means of the processing of student personal data. As a consequence, and as per GDPR/UK GDPR regulations, European educational institutions must inform students and their parents accordingly about what personal data is processed, the lawful basis for processing, which are the purposes of collection, how data is used, and to which third parties it is disclosed, including Grouper. Please note, however, that the previous statements do not constitute legal advice, and we recommend you seek guidance from the school's designated Data Protection Officer/legal counsel if you have any concerns or inquiries regarding compliance with GDPR/UK GDPR and/or other applicable regulations.
Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to help you understand our policies. Please read our Privacy Policy, which explains how we treat your personal information and protect your privacy when you use our Service. By using our Service, you agree that Grouper can use such data in accordance with our Privacy Policy.
As a condition to using the Service, you may be required to create an account with Grouper and select a password and username or provide additional contact information ("Login Credentials"). You affirm, acknowledge, and agree to the following when creating and using your account on Grouper:
In the event of unauthorized account sharing, we reserve the right to take any and all actions we deem necessary and appropriate, up to and including the temporary or permanent suspension/ban of your account.
Subject to the terms and conditions set forth in the Agreement, Grouper gives you permission to access and use the Service that you select through the applicable sign-up process. The Service is available for your personal, non commercial use.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether if, for example, you do not comply with this Agreement or if we are investigating suspected misconduct. We may also stop providing the Service to you, or add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability. You can stop using our Service at any time, although we will be sorry to see you go.
Access to and use of the Service itself is currently free, but in the future, we may offer new or additional special features which Grouper may charge for. Additionally, the right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any exist.
GROUPER IS UNDER NO OBLIGATION TO PROVIDE ITS SERVICES. IT IS THE SOLE RESPONSIBILITY OF THE TEACHER, EDUCATIONAL INSTITUTION OR ORGANIZATION TO BE PREPARED TO CONDUCT ANY TEACHING AND/OR TEACHING-RELATED ACTIVITIES WITHOUT ACCESS TO THE GROUPER SERVICE.
You affirm, acknowledge and agree that you will not provide any User Submissions (content you create using the Service) or otherwise use the Service in a manner that (i) infringes, violates or misuses another's intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render the Company in violation of any applicable laws or regulations (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else to access or use your account or Login Credentials; or (v) is otherwise in breach of the terms and conditions outlined in this Agreement. Additionally, you affirm, acknowledge and agree that you possess all the rights necessary to provide your User Submissions and grant the Company the above rights.
In the course of using the Service, you and other users may provide or post certain content or information which Grouper may use in connection with the Service and which may be visible to certain other users ("User Submissions"). Additionally, when the Service is utilized by an educational institution managing student "Educational Records," some User Submissions may be deemed part of said education records (as defined in the "FERPA and Student Data" section below).
You retain all ownership rights for any User Submissions. Grouper does not claim any ownership rights over User Submissions. GROUPER SHALL NOT BE RESPONSIBLE FOR ANY DECISIONS MADE BY YOUR EDUCATIONAL INSTITUTION, COMPANY OR ORGANIZATION AS TO THE OWNERSHIP OF CONTENT ASSOCIATED TO YOUR ACCOUNT, AND ANY CLAIMS IN THAT REGARD SHOULD BE DIRECTED TO THE EDUCATIONAL INSTITUTION, COMPANY OR ORGANIZATION AND NOT GROUPER.
Without prejudice to the foregoing, Grouper will not heed any deletion requests of "teacher accounts" or "teacher content" made by the educational institution, company or organization, as this should be handled by the educational institution, company or organization itself in accordance with its internal regulations or teacher employment agreements.
In order to allow Grouper to provide the Service, you hereby grant us a limited, non-exclusive, sublicensable (as necessary to perform the Service), worldwide, royalty-free, and transferable (only to a successor) right and license to:
You are responsible for making sure that you have all the rights for your User Submissions, including the rights necessary for you to grant us the aforementioned licenses to the User Submissions.
The above license will terminate when you delete any User Submissions with intellectual property rights ("IP content"), like photos or videos, you or your institution (as defined below) deletes an Education Record, you delete any personal information, or you delete your account, unless your content has been shared with others and they have not deleted it, or your content is part of an Education Record still under the control of your institution (e.g., co-teaching). If you would like to delete any content that may contain personal information regarding your identity, please review the "How can I delete my account?" section of our Privacy Policy and follow the steps to request deletion.
When you delete IP content, Education Records, or personal information, it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Submission may persist in backup copies for a reasonable period of time. Note that the information contained in Grouper's security backups or copies will not be available or accessible to others.
All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. Grouper cannot guarantee the identity of any other users with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. Please note, however, that our system only allows student user accounts to interact with their teacher. This also means that student user accounts cannot interact with other student user accounts, even if they are part of the same classroom. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. WE DO NOT GUARANTEE THAT WE WILL PUBLISH ANY OF YOUR USER SUBMISSIONS, AND RESERVE THE RIGHT TO REMOVE USER SUBMISSIONS FROM THE SERVICE AT ANY TIME, FOR ANY REASON, AND AT OUR SOLE DISCRETION.
Our automated systems analyze your User Submissions (including emails) to provide you personally relevant product features, such as customized search results, and for spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. Grouper will not analyze any Educational Records for the purpose of providing behaviorally-targeted advertising to students, yet the aforementioned shall not be construed to limit Grouper's ability to use Educational Records for adaptive learning or customized student learning purposes.
We always appreciate your feedback or other suggestions about Grouper, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.
Your account belongs to you, regardless of the email address you used when signing up for the Services. However, please keep in mind that if your educational institution, organization or company disables your email address and you're not able to log in, we won't be able to recover your account.
If you are a student accessing the Service at the invitation of a teacher or other school official, the following terms apply to you:
If you are a teacher, aide, trainer or other similar personnel accessing the Service on your own behalf, or on behalf of an educational institution, company or organization (the "Institution"), the following terms apply to you:
ONLY PERSONNEL WHO ARE CURRENT EMPLOYEES OF THE INSTITUTION MAY USE THE SERVICE ON THE INSTITUTION'S BEHALF. UPON TERMINATION OF A TEACHER, AIDE, TRAINER, OR OTHER STAFF MEMBER'S EMPLOYMENT WITH THE INSTITUTION, SUCH INDIVIDUAL MUST RETURN AND CEASE USING ALL LOGIN DETAILS AND STUDENT ACCESS HE OR SHE HAS IN HIS OR HER POSSESSION. GROUPER SHALL NOT BE RESPONSIBLE FOR THE MISUSE OF THE SERVICE BY INSTITUTION PERSONNEL AND SHALL NOT BE HELD ACCOUNTABLE FOR TEACHERS, AIDES, TRAINERS, OR OTHER STAFF MEMBERS OF THE INSTITUTION NOT RETURNING STUDENT EDUCATION RECORDS, AND/OR NOT RETURNING AND CEASING TO USE ALL LOGIN DETAILS AND STUDENT ACCESS THEY HAVE IN THEIR POSSESSION, UPON TERMINATION OF THEIR EMPLOYMENT AGREEMENT WITH THE INSTITUTION.
ANY DISPUTES ARISING BETWEEN THE TEACHERS PARTICIPATING IN THE CO-TEACHING CLASS SHALL BE RESOLVED EITHER AMONG THEMSELVES, OR WITH THE INTERVENTION OF THEIR EDUCATIONAL INSTITUTION, COMPANY OR ORGANIZATION. GROUPER WILL NOT INTERVENE IN SUCH CONFLICTS AND SHALL NOT BE HELD LIABLE FOR ANY MISCONDUCT OF THE TEACHERS PARTICIPATING IN THE CO-TEACHING CLASS.
WHEN SETTING UP A CO-TEACHING CLASS WITHIN THE SERVICE, YOU AND THE OTHER PARTICIPATING CO-TEACHER(S) AGREE TO BE EQUALLY AND EXCLUSIVELY RESPONSIBLE AND ACCOUNTABLE FOR THE CLASS AND ITS MANAGEMENT, AS SET FORTH IN THE "CO-TEACHING" SECTION OF OUR PRIVACY POLICY.
Certain information that may be provided to Grouper by school personnel that is directly related to a student and maintained by an educational institution, may be considered an education record ("Education Record") under the Family Educational Rights and Privacy Act ("FERPA"). Additionally, certain information, provided to Grouper by school personnel about a student, such as student name and grade level, may be considered directory information under FERPA ("Directory Information") and thus not an Education Record. A school may not generally disclose personally identifiable information from a student and eligible student's education records to a third party without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA ("FERPA Exemption(s)"), including the exemption for Directory Information ("Directory Information Exemption") or disclosure to school officials with a legitimate educational interest ("School Official Exemption").
As school personnel or the Institution providing Directory Information or any Education Record to Grouper, you acknowledge, affirm and pledge to Grouper, as applicable, that your Institution has:
Grouper will never share Education Records with third parties except (i) as directed by an Grouper user (i.e., teacher sharing with another teacher or parent); or (ii) to our service providers that are necessary for us to provide the Service, as stated in our Privacy Policy. Education Records are never used or disclosed for third-party advertising or any kind of first- or third-party behaviorally-targeted advertising to students or parents. Additionally, information collected directly from a student using Grouper is never used or disclosed for third-party advertising, or any kind of first- or third-party behaviorally-targeted advertising, and personal information collected from a student is never sold or rented to anyone. This section shall not be construed (i) to prohibit Grouper from marketing or advertising directly to parents, where applicable, so long as the marketing or advertising did not result from the use of Education Records to provide behaviorally-targeted advertising or (ii) to limit the ability of Grouper to use student information or Education Records for adaptive learning or customized student learning purposes.
Grouper may use Education Records that have been de-identified for product development, research or other purposes ("De-Identified Data"). De-Identified Data will have all direct and indirect personal identifiers removed. Grouper agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.
The EU General Data Protection Regulation (GDPR) determines that the processing of personal data of a child residing in the European Union shall be lawful where the child is at least sixteen (16) years old, unless Member States have provided, by law, a lower age that is not below thirteen (13) years.
YOU ACKNOWLEDGE, AFFIRM AND PLEDGE TO GROUPER THAT YOU OR YOUR INSTITUTION HAVE OBTAINED ALL NECESSARY PARENTAL OR ELIGIBLE STUDENT WRITTEN CONSENT TO SHARE THE PERSONAL DATA OF YOUR STUDENTS WITH GROUPER WHEN CONSENT IS THE APPLICABLE LAWFUL BASIS, IN EACH CASE, SOLELY TO ENABLE GROUPER'S OPERATION OF THE SERVICE.
If you have any issues with Grouper's principles set out in these terms, please reach out to privacy@grouper.school. We will respond to your complaints within one (1) month. If your complaint cannot be resolved through our internal processes, we will direct you to the state or national data protection authority in the jurisdiction where you reside.
The Service and the Grouper Technology are intended solely for the personal, non commercial use of our users and may only be used in accordance with this Agreement. "Grouper Technology" means all past, present and future content of the Service, including but not limited to, all the software, hardware and technology used to provide the Service (including Grouper proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as videos, text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and "look and feel" of the Services, and all other intellectual property, including all Grouper Marks and Grouper Originals. "Grouper Marks" are the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Grouper.
Grouper Technology is protected by copyright and other intellectual property laws. You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the Grouper Technology for any purposes other than as expressly permitted under this Agreement. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any Grouper Technology.
Using our Service does not give you ownership of any intellectual property rights in our Service or the Grouper Technology. You may not use content from our Services, including User Submissions, unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any Grouper Marks or Grouper Originals. Do not remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.
You may download a single copy of the Grouper App for personal, non commercial use only.
We do our best to keep Grouper safe, but we cannot make any guarantees. We need your help to keep Grouper safe, which includes the following commitments by you when using our Service:
Any violation of the above may be grounds for restriction or termination of your right to access or use the Service as foreseen in the next section "Account Bans".
If your account has been involved in serious rule-breaking, the account will be either suspended or banned indefinitely depending on the severity of the offense. A suspension is temporary, whilst a ban, on the contrary, is permanent and cannot be lifted.
If there has been a ban or suspension placed on your account, you will not be able to sign in to Grouper. For further information, please refer to Customer Support at support@grouper.school. Customer Support shall provide you with the general reason for the ban or suspension, but will not enter into further discussion. EVERY BAN OR SUSPENSION ON GROUPER IS THE RESULT OF THOROUGH INVESTIGATION BY OUR MODERATION STAFF. AS A RESULT, ALL SUSPENSIONS AND BANS ARE FINAL AND CANNOT BE DISPUTED.
The Company may, now or in the future, incorporate certain functions that allow you to interact with the Service through your accounts on certain supported third-party services, such as social networks or network storage sites ("Linked Accounts"), "Like" and "Share" buttons, or similar features. If you choose to use such features, you grant the Company permission to access and use your Linked Account for the purpose of processing your requests. Your use of Linked Accounts is subject to the applicable third-party terms.
You will indemnify, defend, and hold the Company, its parent companies, partners, subsidiaries, affiliates, officers, and employees not responsible for damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third party relating to or arising out of (i) your access to, use, or misuse of the Service, (ii) your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), or (iii) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including in connection with your User Submissions.
It is Grouper's policy to respond to notices of alleged copyright infringement that comply with the Directive (EU) 2019/790 on Copyright and Related Rights in the Digital Single Market and the Digital Millennium Copyright Act ("DMCA"). You will find the contact details of our Copyright Agent in the DMCA Designated Agent Directory.
If your copyright-protected work was posted on Grouper without authorization, you may submit a copyright infringement notification. The fastest and simplest way to submit a copyright takedown notice is by emailing us at support@grouper.school. Make sure, however, to consider whether fair use, fair dealing or a similar exception to copyright applies before you submit the form. THESE REQUESTS SHOULD ONLY BE SENT BY THE COPYRIGHT OWNER OR AN AGENT AUTHORIZED TO ACT ON THE OWNER'S BEHALF.
Grouper may remove any allegedly infringing content without any liability to the infringing user. Grouper will promptly terminate without notice any user's access to the Service where the user is a "repeat infringer" of copyrights. Grouper, however, reserves the right to identify and terminate users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that user.
The Service may eventually allow for integrations with third-party apps or tools (e.g., YouTube) to provide certain features and improve your experience when using the Service. As a result, we are obligated to make you aware of certain terms related to the use of such features. YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS APPLICABLE TO THE FOLLOWING THIRD-PARTY SERVICES WHEN USING THEIR RESPECTIVE INTEGRATIONS WITH THE SERVICE. FOR EXAMPLE:
The Service may also contain links to third-party websites that are not owned or controlled by the Company, and include features that allow you to interact and communicate with third parties. When you access third-party websites or interact or communicate with third parties through the Service, you do so at your own risk. The Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites, or which are posted to or through the Service by other users. Your interactions with organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should check the Agreement regularly. We will post notice of material changes to this Agreement on this page and/or send you written notice via email (using the email address you provided upon signing up for the Services and thereafter verified). Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty (30) days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. IF YOU DO NOT AGREE TO THE MODIFIED AGREEMENT, PLEASE DISCONTINUE YOUR USE OF THE SERVICE.
As stated in our Privacy Policy, Grouper will not change how Education Records are used or shared under these Terms of Service without advance notice and consent from the competent school or institution.
This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service or your account at any time by either accessing your account's settings page or by contacting us at support@grouper.school. Parents and students should reach out to us through an authorized school official. The Company may suspend or terminate your access to the Service or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), at its sole discretion, and without warning or notice, which may result in the loss of information associated with your account. Upon termination of your account, your right to use the Service will cease immediately. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Generally: in the interest of resolving disputes between you and the Company in the most expedient and cost effective manner, you and the Company agree that any and all disputes arising in connection with these Terms of Service shall be resolved by binding arbitration. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of these Terms of Service and our Privacy Policy, including any other Guidelines and future modifications, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Service. You understand and agree that, by entering into these Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action.
Exceptions: notwithstanding subsection (A), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Arbitration: any arbitration between you and the Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Company.
Notice: a party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). The Company's address for Notice is:
Grouper Education, Inc.
99-06 72nd Avenue
Forest Hills, NY 11375
The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Provided that our dispute is finally resolved through arbitration in your favor, the Company shall pay you the greater of (i) the amount awarded by the arbitrator, if any, (ii) the greatest amount offered by the Company in settlement of the dispute prior to the arbitrator's award.
Fees: in the event that you commence arbitration in accordance with these Terms of Service, the Company will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in New York, New York, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such a case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
No Class Actions: you and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Furthermore, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Governing Law: The laws of the State of New York govern these Terms of Service, as well as any disputes, whether in court or arbitration, which might arise between the Company and you, without regard to conflict of law provisions.
Enforceability: If any provision of these Terms of Service is invalid or unenforceable for any reason in any jurisdiction, such provision will be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. The invalidity or unenforceability of one or more of the provisions contained in these Terms of Service will not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of these Terms of Service invalid or unenforceable whatsoever.
Waiver: The failure of any party at any time to require performance of any provision of these Terms of Service shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms of Service shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we do not promise about our Services.
THE SERVICE (AND ANY ASSOCIATED CONTENT OR SOFTWARE) IS PROVIDED ON AN "AS IS" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE GROUPER TECHNOLOGY, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE AFOREMENTIONED, GROUPER DOES NOT ACKNOWLEDGE OR AFFIRM THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GROUPER OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GROUPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICES, CONTENT, OR USER SUBMISSIONS; OR (iii) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS.
IN NO EVENT WILL GROUPER OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO THE COMPANY FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD 100).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
These Grouper AI Assistance Supplementary Terms ("Grouper AI Assistance Terms") form a part of Grouper's Terms of Service between you and Grouper ("Agreement"), and they apply to your access and use of the Grouper AI assistance features ("Grouper AI Assistance") and/or any of its related features. The term "you" and "your" shall refer only to the end-user who is a teacher (and/or, by extension, the educational institution they represent). All other terms used herein have the same meaning as in the Agreement, and any references to "information" or "data" shall also include User Submissions.
THE TEACHER ASSIST SERVICE AND ITS AI-BASED FEATURES, AS DESCRIBED BELOW, ARE MADE AVAILABLE FOR USE BY TEACHERS ONLY.
Grouper AI Assistance and its related features are aimed at enhancing your productivity when using the Services. As such, they are designed to help you achieve more with less effort so you can focus on what truly matters and save time when it comes to performing more routine tasks. The features, services, and content provided by Grouper AI Assistance are only for your personal and noncommercial use.
Grouper AI Assistance provides a range of features, such as helping you make the most out of the Service by providing you with smart tips and tricks, or by suggesting potential student tasks and activities, among others. Grouper AI Assistance provides information with the goal of saving you time and effort; however, you should exercise your own independent judgment when reviewing and relying on such information. Grouper does not guarantee the reliability, availability, or timeliness of personalized experiences provided by Grouper AI Assistance. Grouper is not responsible if Grouper AI Assistance or any of its features suffer delays or prevent you from sending, receiving, or reviewing information.
In some instances, and for specific functionalities, Grouper AI Assistance may be supported either by AI models developed by Grouper, or by AI models developed by other companies providing services to Grouper, such as OpenAI.
Please note that the use of OpenAI AI models is governed by OpenAI's Terms of Use. If you choose to use Grouper AI Assistance's AI-based features, you may not use such features in a manner that violates any OpenAI Policy, including their Content Policy, Sharing and Publication Policy, and Community Guidelines, nor may you use such features in breach of the Agreement and/or these Grouper AI Assistance Terms.
You may provide input to be processed by Grouper AI Assistance ("Input") and receive output generated and returned by Grouper AI Assistance based on the Input ("Output"). When you use Grouper AI Assistance, Input and Output are your User Submissions and you retain all ownership rights resulting therefrom. You are solely responsible for the development, content, operation, maintenance, and use of your User Submissions. Please review sections "Your Pledge," "Your Information and Content," "Grouper Technology and Content Copyright," "Indemnity," and "Limitation of Liability" from our Terms of Service for further detail on terms applicable to User Submissions.
You will ensure that your Input, Output, and use of Grouper AI Assistance will not (i) violate any applicable law; (ii) violate these Grouper AI Assistance Terms or the Agreement; or (iii) infringe, violate, or misappropriate any of Grouper's rights or the rights of any third party.
You acknowledge that due to the nature of machine learning and the technology on which Grouper AI Assistance relies on in certain cases, as described in section "AI-based Features" above, Output may not be unique, and Grouper AI Assistance may generate the same or similar output to Grouper or a third party.
When using Grouper AI Assistance's AI-based features you will be sending data either to Grouper (if the feature is powered by one of our AI models), or to OpenAI or any third-party service provider we may rely upon (if the feature is powered by OpenAI or such other company). However, the data you send may or may not include personal information, depending on what you are using Grouper AI Assistance for.
Grouper may use your data to train its own machine learning models only, and you hereby grant Grouper a limited, non-exclusive, sublicensable (as necessary to provide and improve Grouper AI Assistance and its AI-based features), worldwide, royalty-free, and transferable (only to a successor) right and license to train and improve our machine learning models with reliance on data provided by you through Grouper AI Assistance. Notwithstanding the foregoing, Grouper will not share your information or permit others to use such information to train machine learning models of third parties.
Any personally identifiable information which may be processed as a result of you using Grouper AI Assistance will be governed by our Privacy Policy and made subject to the principles outlined therein.
You may not use Grouper AI Assistance or Output (i) to develop foundation models or other large scale models that compete with Grouper or Grouper AI Assistance; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns; (iv) in a manner that violates any technical documentation, usage guidelines, or parameters; or (v) in any other manner which is in breach of these Grouper AI Assistance Terms or the Agreement.
Teachers and educational institutions are responsible for making adequate use of Grouper AI Assistance. Violation of these Grouper AI Assistance Terms, the Agreement, or OpenAI's terms, policies, and guidelines may be grounds for restriction or termination of your right to access or use the Service as foreseen in the Agreement under section "Account Bans."
GROUPER DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TEACHER ASSIST OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH TEACHER ASSIST. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY TEACHER ASSIST FEATURE IS DONE AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT-CHECKING THEIR ACCURACY. OUTPUT THAT APPEARS ACCURATE BECAUSE OF ITS DETAIL OF SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GROUPER OR THROUGH TEACHER ASSIST SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.