Introduction

First of all, great to have you here! However, there are some rules you need to agree to before you use this application and services (“Services”). When we use the word “Services,” we mean the Buddycheck application and all applications and functionalities within it, available through https://www.buddycheck.io but also under sub domains and other domains of our clients, sometimes under an alternative name given by the client. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact Shareworks Solutions.

Contract

These Terms of Service (the “Terms”) are a binding contract between you and the owner/provider of Buddycheck, Shareworks Solutions BV (henceforth called “Shareworks,”, or “we” or “us”). When you use Buddycheck through your school or university (your ”institution”), they will be the data controllers and Shareworks is processing your personal data under contract with the institution. The license contract between Shareworks and the institution - and the terms of that contract - take priority over these end-user terms. You must agree and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms of Service (the “Terms”) are a binding contract between you and the owner/provider of Buddycheck, Shareworks Solutions BV (henceforth called “Shareworks,”, or “we” or “us”). You must agree and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

These Terms include the provisions in this document and in the Privacy Policy .

Our Services are constantly changing, to keep up with the dynamic needs of learners everywhere - so, these Terms might need to change, too. If they do change, Shareworks will do our best to tell you in advance by placing a notification on the Buddycheck website, or Shareworks might send you an email. In certain situations (for example, where a change to the Terms is necessary to comply with legal requirements), Shareworks may not be able to give you advance notice. Changes to the Privacy Policy will be provided in advance.

If you don’t like the new Terms, you are free to reject them - unfortunately, that means you won’t be able to use the Services anymore. If you use the Services in any way after a change to the Terms is effective, then please remember that means you agree to all of the Terms.

Except for changes by Shareworks as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and Shareworks.

Privacy

Shareworks takes the privacy of its users very seriously. For the entire current Shareworks Privacy Policy, please click here .

Sign up

First, you have to sign up for an account. This will happen automatically when your Teacher uses Buddycheck from within their online learning environment. You promise to provide us with accurate, complete, and updated registration information about yourself. You can’t select a name that you don’t have the rights to use or another person’s name with the intent to impersonate that person. In certain situations, your username may be selected for you by your school or organization; the same rules apply to them when they select a username for you. You may not transfer your account to anyone else without the prior written permission of Shareworks.

Basic Use

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your organization), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.

You promise to only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. Shareworks can’t and won’t be responsible for you using the Services in a way that breaks the law.

Intellectual Property

The Content

The materials displayed or performed on the Services (including, but not limited to, text, graphics, articles, photos, images, illustrations, User Submissions (defined below), and so forth) (the “Content”) are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Shareworks’s) rights. For example, if someone shares a really creative idea with you on Buddycheck, that doesn’t mean you can print it out and start distributing it to other people - unless the owner specifically told you in writing that you could.

You understand that Shareworks owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply.

User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users and some are submissions done as a group of users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

User Submissions can only be shared within a Limited Access Group, most likely a group of course teachers, or otherwise in a manner that only certain specified users can view (each, a “Limited Access User Submission”), then you grant Shareworks the license above, as well as a license to display, perform, and distribute your Limited Access User Submission for the sole purpose of displaying that Limited Access User Submission to other members of that Limited Access Group (or to such specified users, as applicable) and providing you the Services necessary to do so. Also, you grant the other members of that Limited Access Group (or such specified users, as applicable) a license to access that Limited Access User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. For example, if you share a worksheet (that can be completed through the Services) with students in your Limited Access Group, you grant your students the rights necessary to view that worksheet and fill it out, and return it to you.

Finally, you understand and agree that Shareworks, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media.

Responsibility

Any information or context publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such context originated, and you access all such information and context at your own risk, and we aren’t liable for any errors or omissions in that information or context or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information you may find offensive or inappropriate; we can’t control that, but please let us know if it happens and we’ll try to remedy the situation.

We also can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. But that doesn’t mean we don’t take security seriously.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services. Given the nature of Buddycheck, it is not advised to post student grades or student appreciation on Buddycheck. We also strongly advice not to share privacy-sensitive information such as healthcare information or information of a very personal nature.

The Services may contain links or connections to third party websites or services that are not owned, operated, or controlled by Shareworks. When you access third party websites or use third party services (including, without limitation, your use of Publisher Software, defined below), you accept that there are risks in doing so, and that Shareworks is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Change of the Services

Buddycheck is a dynamic application, so the Services will change over time. We may change, suspend, or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), or without any reason, and without notice.

Delete Account

You’re free to delete your account at any time; please refer to our Privacy Policy , as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Shareworks is also free to terminate (or suspend access to) your use of the Services or your account, for any reason, including your breach of these Terms. Shareworks has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important documents you may have stored in your account (to the extent allowed by law and these Terms), but Shareworks may not do so if it determines it would be impractical, illegal, or would not be in the interest of someone’s safety or security to do so.

If you have deleted your account by mistake, contact us immediately at support@shareworks.nl - we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

Warranty Disclaimer

Shareworks does not make any representations or warranties concerning any context contained in or accessing through the Services, and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Shareworks make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Shareworks or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SHAREWORKS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SHAREWORKS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.

Indemnity

You agree to indemnify and hold Shareworks, its affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), Shareworks will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Shareworks’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of the Netherlands, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Rotterdam, The Netherlands, in Dutch, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in The Netherlands.

Miscellaneous

You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Shareworks agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Shareworks, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Shareworks in any respect whatsoever. You and Shareworks agree there are no third party beneficiaries intended under this Agreement.