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ClassDojo Terms of Service

The following are the terms of service (“Terms of Service”) that define the relationship between Class Twist, Inc. (doing business as ClassDojo (“Company,” “ClassDojo,” “we,” or “us”)) and you, and govern your use of ClassDojo’s services.

We’ve done our best to write this policy in simple, clear terms. We’ve also added a column on the right that provides short explanations of the legal language in plain English (it starts with ‘Basically...’) to aid in understanding, but it isn’t legally binding.

Last updated: September 19, 2017. You can see past versions of our Terms here on Github.

Quick Reference

Agreeing to our Terms

Thank you for your interest in ClassDojo, which owns and operates the services offered on classdojo.com (“ClassDojo Website”) and any associated mobile applications (“ClassDojo Apps”) or products and services that Company may provide now or in the future (collectively, the “Service”).

When using the Service, you will also be subject to the ClassDojo Privacy Policy and any posted guidelines, policies or rules applicable to specific features of the ClassDojo Website or ClassDojo App, which may be posted from time to time (collectively the “Guidelines”). These Terms of Service, including any other Guidelines and future modifications (collectively, the “Agreement”), govern your use of the Service and is a legal contract between you and ClassDojo. If there is any inconsistency between the Terms of Service and any of the Guidelines, the additional Guidelines will prevail to the extent of the inconsistency. By registering for an account on, or otherwise accessing or using the ClassDojo Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are using the Service on behalf of an institution that has a separate written agreement with ClassDojo, that agreement governs your use of the Service.

If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to the Agreement. If you don’t get your parent or guardian to read and agree to the Agreement, you don’t have permission to use the Service.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “Member” shall refer to such 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.

Basically,

By using or signing up for ClassDojo, you agree to these terms. Welcome to the community!


Using the Service

Permission to use ClassDojo
As long as you are complying with all of the terms and conditions of this Agreement, Company gives you permission to access and use the Service that you select through the applicable registration process. The Service is available for your personal, noncommercial 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, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we’ll be sorry to see you go. 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. Access to and use of the Service itself is free, but in the future, we may offer new or additional special features which ClassDojo may charge for. Please also be aware that while we currently provide our mobile services for free, your carrier’s normal rates and fees still apply, such as text messaging and data fees.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. Please see our FAQ for more information. The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.

Restrictions
Except as expressly permitted under this Agreement, you agree that your permission to use the Service is conditioned upon you following all the restrictions set forth in the “ClassDojo Technology” and “Acceptable Use and Conduct” sections.

Basically,

You can use ClassDojo, as long as you follow the rules in these terms.


Your Information and Content

Ownership
In the course of using the Service, you and other users may provide or post certain content or information (including, but not limited to, photos, videos, music, messages sent between parents and teachers, and feedback), which may be used by ClassDojo in connection with the Service and which may be visible to certain other users (collectively “User Submissions”). Please visit our Privacy Policy for additional information on the types of information different types of users are able to provide. Additionally, some User Submissions may be deemed an Education Record (as defined below).

You retain all ownership rights you have in any User Submissions. ClassDojo does not claim any ownership rights in the User Submissions. Please note that, while you retain ownership of your User Submissions, any template or layout in which you arrange or organize such User Submissions through tools and features made available through any of our Service are not proprietary to you — rights to such templates or layouts will remain with us.

License
In order to allow ClassDojo to provide the Service, you hereby grant to 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 (i) use, copy, store, distribute, publicly perform and display, modify, and create derivative works (such as changes we make so that your content works better with our Service) such User Submissions as necessary to provide, improve and make the Service available to you and other users, including through any future media in which the Service may be distributed, (ii) use and disclose metrics and analytics regarding the User Submissions in an aggregate or other non-personally identifiable manner (including, for use in improving our service or in marketing and business development purposes), (iii) use any User Submission (including any Education Record) that has been de-identified for any product development, research or other purpose; and (iv) use for other purposes permitted by the ClassDojo Privacy Policy.

Company will only share and use your personal information in accordance with ClassDojo’s current Privacy Policy at http://www.classdojo.com/privacy.

The license in (i) above will terminate when you delete any User Submissions with intellectual property rights (like photos or videos) (“IP content”)), 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. When you post a User Submission in a Class Story or School Story, this can be viewed by other teachers, students and parents and it means that you are allowing others to access and use that information and to associate it with you (i.e. your name and profile picture if you provide one as a teacher or parent). Note, however, that any User Submissions that may be in or related to messages sent through ClassDojo Messaging, Class Story, or School Story may be kept after you delete your account. Please see our deletion FAQs for more information. 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 (but will not be available to others).

Your Responsibilities and ClassDojo Rights
You are responsible for making sure that you have all rights in the User Submissions, including the rights necessary for you to grant us the foregoing licenses to the User Submissions. You are responsible for ensuring your User Submission complies with the “Acceptable Use and Conduct” Section and for any other guidelines or conditions specific to a particular category of user (e.g., teacher, parent, or student). When you include User Submissions, you can create links to external websites. If you elect to create links to external websites, you must verify the quality and substance of each external link. You are solely responsible for any links you create to external websites. ClassDojo is not liable or responsible for any links created by you, or for any damages, direct or indirect, arising therefrom.

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. ClassDojo 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. 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. You acknowledge that ClassDojo and its designees (such as teachers) reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display, or transmit any User Submission through or on the Service in whole or in part at any time for any reason or no reason with or without notice and without liability of any kind. Additionally, 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, such as if we receive a notice reports a User Submission infringes someone’s intellectual property rights.

Analyzing User Submissions
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. ClassDojo will not analyze any personal information contained in Educational Records for the purpose of providing behaviorally-targeted advertising to students or parents. The foregoing shall not be construed to (i) prohibit ClassDojo from marketing or advertising directly to parents so long as the marketing or advertising did not result from the use of personal information contained in Educational Records to provide behaviorally-targeted advertising or (ii) to limit the ability of ClassDojo to use Educational Records for adaptive learning or customized student learning purposes.

Feedback
We always appreciate your feedback or other suggestions about ClassDojo, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

Basically,

You own any content you post on ClassDojo. You also give us permission to use it to provide the ClassDojo service to you and other users. Our use of any personal information you submit is also subject to our Privacy Policy. You are responsible for making sure that you have all the rights in any information or content you submit to ClassDojo, including to grant us the license we need to provide the service. We do not guarantee that we will publish any of your content or information and reserve the right to remove it from the service at any time, for any reason.


Privacy and Security

Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to 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. Please see our Privacy Policy for a description of the procedures 1) by which a student, parent or legal guardian of a student may review, access or delete the personal information of a student; and 2) by which the Institution may access and delete Education Records. Additionally, please see our Privacy Policy for more information on the administrative, technical and physical safeguards we maintain to protect against unauthorized use, disclosure of or access to personal information. By using our Service, you agree that ClassDojo can use such data in accordance with our Privacy Policy. We won’t reduce your rights under the Privacy Policy without your explicit consent.

Basically,

Have a read of our Privacy Policy, which outlines our practices towards handling any personal information that you may provide us.


Additional Terms by User Type

a) Students: if you are a student accessing the Service at the invitation of a teacher or other school official, the following terms apply to you.

(i) Invitation and Account Creation: Only students who have been invited, or given access to the Service, by their teacher, school, district, or parent may use the Service. You may not access or use the Service unless you are invited or given access to the Service by (i) a teacher, school, or district who is authorized to give you access to the Service (including creating your student account on your behalf or giving you a unique code to allow you to set up your own account) or (ii) your parent who must create your student account on the Service.

(ii) Information Provided to ClassDojo: We request minimal personal information to be provided from students to use the Service. If you are under 13 years of age, and you want a student account on ClassDojo, you will need to either (1) have the student account created at school by your teacher (only after the teacher represents to ClassDojo that they have obtained any necessary parental consent) or receive a unique code from your teacher to create your own account with a username and password; or (2) have your parent create your student account after we have obtained parental consent from them. If you are creating your own account, we will ask you for a username, password, and age or date or birth, as well as your parents email address so that we can provide notice or obtain consent for you to use the Service. After your account is created by your parent or teacher, a QR code is generated that you will use to sign into your account. You will use your username and password if you create your own account.

Teachers will review any User Submissions you upload to the Service prior to them appearing in your Student Story for parents to see. If you are a student, please do not provide any personal information about yourself to us, other than what we request from you when you use the Service or as directed by your teacher, school, or district, such as through the use of the Student Stories feature.

(iii) Consent: The Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personal information from children under 13 years of age without verifiable parental consent or notice as applicable (“Consent”). Consent may be obtained either by 1) ClassDojo if the parent is setting up a student account directly or the student has received a unique code from their teacher and is setting up their own account; or 2) a student’s teacher, school, or district if the teacher, school or district is setting up the student’s account or otherwise allowing students to access ClassDojo from school (“School Consent”). Any student account (or access to a student account) created for the student by the parent, or the student’s teacher in class, or the student directly, are linked together (these are not different accounts, but rather the same singular account). Children under the age of 13 are prohibited from using certain features of the Service without Consent, including, without limitation, student accounts. By using a student account on the Service, you promise that, if requested during your use of the Service, you provided your real age and that you are (a) over the age of 13; or (b) your parent (or you with the unique code given to you by your teacher) has set up your student account and that any response sent to Company in response to Company seeking your parent’s consent comes from your parent or legal guardian; or (c) your teacher, school, or district has set up your student account or is otherwise allowing you to use the Service.

Basically,

Students: if you want to create a ClassDojo account, your account must be set up by a teacher or parent or you must be given a unique code by your teacher to set up your own account. If you’re under 13, your parent must first give their permission.

We collect minimal information from students in order to create a ClassDojo student account to provide them with the ClassDojo service – usually at most a username, password and their age (and a parent’s email address to ask for Consent when applicable). Parents and teachers may also create the account on the student’s behalf.


b) Teachers and school leaders: if you are a teacher, school leader, aide, or other similar personnel (“School Personnel”) accessing the Service on behalf of a school, school district, or other similar educational institution (the "Institution"), the following terms apply to you:

(i) Permissions and Authority: You agree that you are acting on behalf of (or have permission from) your Institution to enter into this Agreement and to use the Service as part of your curriculum. Only School Personnel who are current employees of the Institution may use the Service on the Institution's behalf. The School Personnel is responsible for obtaining any necessary approvals from their school's authorities and administrators before using the Service. Upon termination of a School Personnel 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. If at any time you learn a user of the Service claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify ClassDojo immediately at privacy@classdojo.com.

(ii) Students under 13: You further understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personal information from children under 13 years of age without Consent and you understand that we will not let children under the age of 13 use certain features of the Service unless:

  1. ClassDojo obtains Consent from the child’s parent or legal guardian if the parent is creating an account for the student on ClassDojo or the student has created their own student account using the unique code given to them by their teacher; or
  2. You obtain School Consent in situations where you set up the child’s student account on their behalf. ClassDojo will not provide use of student accounts to children under the age of 13 if we are unable to obtain Consent or learn that you have not obtained School Consent. You agree that you will not knowingly create a child’s student account on their behalf until you have obtained School Consent.

(iii) School Consent. You acknowledge and agree that when School Consent must be utilized to allow children under 13 to use the Service, you and/or the Institution will be solely responsible (and hereby agree that ClassDojo is not responsible) for 1) providing all required notices to parents under COPPA; 2) obtaining parental consent under COPPA; and 3) providing a means for a parent to review any personal information collected through the Service and refuse to permit its further use as required by COPPA. This includes without limitation, limiting access to the Service to those student users from whom School Personnel has received valid Consent forms and complying with all parental requests regarding the collection, use and disclosure of such parent’s child’s information. School Personnel or the Institution are responsible for disseminating parental consent forms to the parents of potential student users, for confirming receipt of valid consent forms for each child before granting the student access to the Service, and for retaining such consent forms on file. If a parent user does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify ClassDojo to discontinue that student’s access to the Service and ensure that such student’s information is no longer accessible through the Services. For more information on School Consent please see our FAQ. Under no circumstances will ClassDojo be liable for the School Personnel’s failure to consult their school's authorities and administrators or for failing to obtain School Consent when required.

(iv) Parent Code. Each student the teacher inputs on ClassDojo is assigned a unique parent code. This unique parent code is required for parents to register and connect with their child’s account on ClassDojo and to give Consent for their child to have a Student Account (as defined below) on ClassDojo. It is your responsibility to ensure that each student only shares his/her parent code with his/her parents. School Personnel may also find more suitable means to communicate the parent code to the parent, including by sending home a private letter to the student's parent or otherwise contacting the parent directly. Alternatively, if the School Personnel has access to the student's parent contact information and has permission to do so, the School Personnel may provide ClassDojo with a list of parent email addresses or phone numbers for ClassDojo to send the parent code embedded in a link to parents (via email or SMS) to click through in order to create a parent account and additionally give Consent and create the Student Account.

(v) Student Stories. If you choose to use the Student Stories feature in your classroom, the following conditions and limitations apply:

  1. Using the Student Stories feature, you may elect to allow students to directly contribute User Submissions to their Student Stories after you have set up their student account on their behalf. It is your responsibility to decide whether to set up the student account on the student’s behalf and to grant permission to such student to submit User Submissions. ClassDojo is not responsible for the selection of students given access to the Student Stories feature in your classroom.
  2. It is your responsibility to ensure that only the applicable students can access the class QR code. In addition, you agree that you will not knowingly create a Student Account on their behalf until you have obtained School Consent (if required) from the student’s parent or legal guardian. It is your responsibility to obtain School Consent.
  3. All User Submissions submitted for display on the Service directly by you or by students via the Student Stories feature must be reviewed by you in accordance with, and are subject to, this Agreement, including those terms and conditions set forth in the “Acceptable Use and Conduct” and “Your Information and Content” Sections. You are solely responsible for reviewing all student User Submissions prior to these being posted on the student’s Student Story and are also solely responsible for all submitted content (including any personal information contained therein if not removed by you), and for ensuring that such submissions meet all applicable conditions and restrictions set forth in this Agreement, including, but not limited to, those in “Your Information and Content” and the “Acceptable Use and Conduct” Sections.

Basically,

Please be sure your school or district is fine with you using ClassDojo, and acting on behalf of your school in this Agreement. Additionally, if you are creating student accounts in the classroom for students under 13, you will be responsible for obtaining parental consent under COPPA and for reviewing any content submitted by your students.


c) Parents: if you are a parent of a student and have been invited by the your child’s School Personnel to create a parent account on the Service (linking your parent account to your child’s class), and you also want to create an account for your child on the Service, allow your child to create their own account, or allow your child’s School Personnel to create an account on your child’s behalf (“Student Account”), then the following terms apply to you:

(i) Your Consent. If your child is under the age of 13, Consent must be given in order for 1) you to create the Student Account; or 2) your child to create a Student Account in school; or 3) your child’s School Personnel to create a Student Account on behalf of your child. This Consent may be obtained either by: 1) ClassDojo if you or your child is setting up the Student Account; or 2) a student’s School Personnel (through School Consent) if they are setting up your child’s Student Account. Any Student Account created by you, your child’s teacher, or your child directly are linked together (these are not different accounts, but rather the same singular account). If you are the parent or legal guardian of a child who is using the Service and you did not give Consent, you can email us at privacy@classdojo.com to have that child’s account deleted. Please note that if you, as a parent, provide an email to School Personnel when the school is obtaining School Consent, we may send an email asking you to verify your child’s account, but you will not receive any other emails unless you have opted in to email marketing or have separately created an account on our Service. If you have created an account on the Service, you further agree that we may send you messages, alerts, and other communications through the Service, including via email, web alert, text messages, push notifications and other similar means, in accordance with the preferences you set through the Service, and you agree to accept such messages, and pay any applicable network access, data usage, or similar fees.

Information collected from students (including personal information and information collected automatically) is never used or disclosed for third-party advertising or any kind of first- or third-party behaviorally-targeted advertising, and personal information is never sold or rented to anyone, including marketers or advertisers. See our Privacy Policy for more details.

(ii) Creating Your Child’s Account. If you would like to create your child’s Student Account at home, you must first have created a parent account on ClassDojo with the unique parent code provided by your child’s teacher. To create your child’s Student Account, we will first require your Consent. In order to comply with COPPA and similar laws in other applicable jurisdictions, which govern the online collection of data from children, Classdojo may take additional steps to verify that the user granting permission for the creation of a child’s Student Account is his or her parent or legal guardian. The current ways in which we seek to verify are set forth in our FAQ. As part of the process of creating your child’s Student Account, we will link the information given by your child’s teacher (such as your child’s name and feedback points) to your child’s Student Account and you will not need to provide any additional registration information for your child. Additionally, instead of creating a password for your child’s account, your child will log in with the QR code that is generated once you Consent and create the Student Account. In order to protect the security of your child's account, you should keep this QR Code confidential.

Once your child has a Student Account (including if your child created their own Student Account in school or your child’s teacher has on your child’s behalf (after you have Consented), they will be able to upload User Submissions to the Student Account and Student Story (which is not viewable by the general public, but by linked parents and School Personnel). You are responsible for ensuring that such submissions meet all applicable conditions and restrictions set forth in this Agreement, including, but not limited to, those in “Your Information and Content” and the “Acceptable Use and Conduct” Sections. You can remove any User Submission uploaded by your child by emailing privacy@classdojo.com.

Basically,

Parents: if your child is under 13 and you create a ClassDojo student account for them at home or they create one with a unique code, we’ll need your permission to set up their account. If your child’s teacher or other school personnel wants to create your child’s student account on their behalf, they will obtain your permission.


FERPA

ClassDojo understands that it is important that our partner schools comply with the Family Education Rights and Privacy Act ("FERPA") and related regulations. Certain information that may be provided to ClassDojo by School Personnel that is directly related to a student and maintained by an Institution, may be considered an education record (“Education Record”) under FERPA. Additionally, certain information, provided to Company 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 ("PII") from an 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 an Institution providing Directory Information or any Education Record to ClassDojo, you represent, warrant and covenant to ClassDojo, as applicable, that your Institution has:

(i) complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and may be disclosed and allowing parents and eligible students a reasonable amount of time to request that schools not disclose directory information about them; and/or

(ii) complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines “school official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by ClassDojo; or

(iii) obtained all necessary parental or eligible student written consent to share the Directory Information and Educational Records with Company, in each case, solely to enable Company’s operation of the Service.

It is important that School Personnel not provide information to ClassDojo from any student or parent that has opted out of the disclosure of Directory Information. ClassDojo depends on our school partners to ensure that the school is complying with the FERPA provisions regarding the disclosure of Directory Information or the School Official Exemption for any student information that will be shared with ClassDojo. ClassDojo is not in a position to provide legal advice regarding whether the school's existing FERPA disclosures are sufficient. To the extent that School Personnel have questions regarding these issues, they should consult the school's own legal counsel for more information.

ClassDojo will never share PII contained in Education Records with third parties except (i) as directed by a ClassDojo 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. A list of our current essential service providers is located here. PII contained in 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, personal information collected directly from a student using ClassDojo is never used or disclosed for third-party advertising, or any kind of first- or third-party behaviorally-targeted advertising to the student, and personal information collected from a student is never sold or rented to anyone. This section shall not be construed to (i) prohibit ClassDojo from marketing or advertising directly to parents or other users so long as the marketing or advertising did not result from the use of PII contained in Educational Records to provide behaviorally-targeted advertising or (ii) limit the ability of ClassDojo to use student information or Educational Records for adaptive learning or customized student learning purposes.

ClassDojo may use Directory Information and 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, this includes, but is not limited to, name, date of birth, demographic information, location information and school identity. ClassDojo 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.

Basically,

FERPA gives parents and students certain rights over their education records. FERPA requires schools to not share PII in education records without either meeting an exemption or obtaining parental permission. So, if a teacher provides student information to ClassDojo, the school must either meet an exemption or obtain the appropriate permission in advance. ClassDojo will never share PII contained in education records with third parties unless directed by a ClassDojo user (i.e., School Personnel sharing with other School Personnel or parents) or to our service providers that are necessary for us to provide the Service, as stated in our Privacy Policy. Additionally, PII contained in education records is never disclosed for third-party advertising or any kind or first- or third-party behaviorally-targeted advertising to students or parents.


ClassDojo Technology

The Service and the ClassDojo Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with this Agreement. “ClassDojo Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including ClassDojo proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as 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 ClassDojo Marks. “ClassDojo Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of ClassDojo.

ClassDojo Technology is protected by copyright and other intellectual property laws. Using our Service does not give you ownership of any intellectual property rights in our Service or the ClassDojo Technology. You agree that, as between you and ClassDojo, all the intellectual property rights in the ClassDojo Service and ClassDojo Technology, which does not include User Submissions (as defined below), are owned by ClassDojo or its licensors. These terms do not grant you the right to use any ClassDojo Marks.

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 ClassDojo 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 ClassDojo Technology. You will not access the Service to build a product using similar ideas, features, functions, interface or graphics of the Service.

You may not use content from our Services, including User Submissions, unless you obtain permission from its owner or are otherwise permitted by law. Don’t 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 ClassDojo App for personal, non-commercial use only.

Basically,

We respect copyrights, trademarks and brands. Please respect ours, too!


Social Media

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 social networks or network storage sites, such as with “Like” and “Share” buttons, features allowing you to register on ClassDojo through social networks or otherwise grant access to a third-party social networking service, such as through Facebook Connect or Google, or other similar features (collectively “Linked Accounts”). If you choose to use such features, you grant 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.

Basically,

If someday you want to use third-party services through your ClassDojo account (e.g., Google Apps), we’ll help you connect your account to those services so you can use them.


Third-party Applications and Integrations

If you use any third-party applications, such as YouTube video, including, but not limited to, third-party applications that are integrated directly with our Service through application programming interfaces ("APIs") for your convenience, ("Third-Party Applications"), you are solely responsible for your interactions with such Third-Party Applications. Additionally, if you elect to use any Third-Party Applications, you are solely responsible for the selection of and any transfer or downloading of any User Submissions, or any other data or content stored on the ClassDojo Service, to such Third-Party Applications, including through any ClassDojo API’s. ClassDojo shall not be responsible for any disclosure, modification or deletion of your data, or the use of your data by such Third-Party Applications, including, without limitation, any User Submissions, resulting from any such access by Third-Party Applications.

You acknowledge and agree that in connection with certain Third-Party Applications, you will be required to create accounts on other websites in your name ("User Third-Party Accounts") for such services to function. Such User Third-Party Accounts are required by the Third-Party Applications to be set up directly between you and the Third-Party Application. Use of the User Third-Party Accounts will be governed by the terms of use, agreements, policies, rules, guidelines and privacy policies of such websites ("Third-Party Application Terms"). You agree and acknowledge that you are solely responsible for compliance with such Third-Party Application Terms. If required to provide the Service, you hereby authorize and grant ClassDojo a right to use any names, passwords, API keys or other keys ("Third-Party Application Account Keys") solely as necessary to provide the Service to Member.

If you use any Third-Party Applications, including without limitation, to create and link or integrate any videos or other content ("Third-Party Application Created Content") to your account on ClassDojo, it is your responsibility to obtain any and all necessary rights you need, including, without limitation, for any additional photos / videos / music not already part of the ClassDojo Class Story, Student Story, or School Story and as necessary to grant us the license set forth in “Your Information and Content” Section. You are also solely responsible for all Third-Party Application Created Content, and for ensuring that such Third-Party Application Created Content meets all applicable conditions and restrictions set forth in this Agreement, including, but not limited to, those in “Your Information and Content” Section and the Community Guidelines. You further acknowledge that any Third-Party Application Created Content is subject to any other disclaimers and rights of ClassDojo with respect to such content contained in this Agreement, including, but not limited to the “Your Information and Content” Section. You represent and warrant, in connection with any use of Third-Party Applications, that you: (i) shall comply at all times with all applicable Third-Party Application Terms, including regarding the indirect or direct transfer of any User Submissions or other data to any third parties; (ii) shall comply with any and all process and guidelines set forth (or that may be set forth) by ClassDojo regarding Third-Party Applications; and (iii) will comply with the Community Guidelines for all content you link to or integrate with the Service through the use of any Third-Party Applications.

Basically,

If you use any third-party applications in conjunction with ClassDojo, you are responsible for your interactions on those applications. Also, those applications will have their own terms of use and privacy policies you must follow. Any content you share from third-party applications onto ClassDojo must still follow our Terms of Service and Privacy Policy.


Modification to Agreement

We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Services. You should look at the Agreement regularly. We’ll post notice of modifications to this Agreement on this page. 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 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, you should discontinue your use of the Service.

ClassDojo will not change how Education Records are used or shared under these Terms of Service without advance notice and consent from a School Official or Institution.

Basically,

If these terms of use change, we will notify you, and give you a chance to opt out. We won’t change the terms retroactively.


Your Representations and Warranty

You warrant, represent and agree that you will not provide any User Submissions or otherwise use the Service in a manner that (i) infringes, violates or misappropriates 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 Company in violation of any applicable laws or regulations, including without limitation COPPA and FERPA (the “Laws”); (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 access to your account or password. Additionally, you represent, warrant and agree that you (i) possess all rights necessary to provide your User Submissions and grant Company the rights in this Agreement (ii) you will comply with the Laws in connection with your use of the Service; and (iii) you are solely responsible for compliance with COPPA when obtaining School Consent.

Basically,

You agree not to post content that harms others or violates anyone’s rights. We think you’ll be reasonable and responsible, but if you’re not, we might have to remove your content.


Acceptable Use and Conduct

We do our best to keep ClassDojo safe, but we cannot guarantee it. We need your help to keep ClassDojo safe, which includes the following commitments by you when using our Service:

  1. You will only use the Service as permitted by law, including applicable export or re-export control laws and regulations.

  2. You will not post unauthorized commercial communications (such as spam or advertisements) on or through the Service.

  3. You will not collect users' content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

  4. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.

  5. You will not upload viruses or other malicious code, files or programs.

  6. You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.

  7. You will not collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations.

  8. You will not bully, intimidate, or harass any user or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy.

  9. You will not post or approve any User Submission or use the Service in a manner that infringes, violates or misappropriates any third-party’s intellectual property rights or other proprietary rights, privacy rights or contractual rights.

  10. You will not post or approve content that: is hate speech, discriminating, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

  11. You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.

  12. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.

  13. You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, including any users' content or information, or otherwise access the Service, - except for Internet search engines (e.g., Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved."

  14. You will not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin on any content transmitted to or through the Service.

  15. You will not use the Service in any commercially unreasonable manner or in any manner that would disparage ClassDojo.

  16. You will not impersonate a ClassDojo employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.

  17. You will not use the Service in any manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Service, including any User Submission, that violate child pornography laws or that otherwise violates any child sexual exploitation laws. ClassDojo absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any of your user registration information, to law enforcement, including the National Center for Missing and Exploited Children.

  18. You will not copy, modify, or distribute any text, graphics, or other material or content available through the Service without our prior written permission, or if such content is a User Submission, the prior written consent of such user.

  19. You will comply at all times with the Community Guidelines.

  20. You will not facilitate or encourage any violations of this Agreement or our policies, including, without, limitation, to facilitate the unlawful distribution of copyrighted content.

Any violation of the above may be grounds for termination of your right to access or use the Service.

Basically,

You agree not to misuse ClassDojo's services.


Experimental Features

We may provide experimental features for you to try. These experimental features are not guaranteed to work the first time or any time. These features may abruptly and unexpectedly cease functioning, or disappear altogether. Other features of ClassDojo are not regularly tested for compatibility with experimental features. To enable an experimental feature, turn the switch on within a teacher account’s Settings. Experimental features will be added and old ones removed, possibly (probably) without notice.

Basically,

ClassDojo sometimes offers experimental features which haven't been tested. These may be removed without notice.


WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

DISCLAIMER OF WARRANTIES. THE SERVICE (AND ANY ASSOCIATED CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER SUBMISSIONS, CLASSDOJO TECHNOLOGY OR SOFTWARE) ARE PROVIDED ON AN “AS IS” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE CLASSDOJO TECHNOLOGY, SERVICES, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER SUBMISSIONS, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLASSDOJO MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS OR USER SUBMISSIONS WILL MEET YOUR REQUIREMENTS, BE TO YOUR LIKING, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER.

ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM CLASSDOJO SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.

LIMITATION OF LIABILITY. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL CLASSDOJO OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS OR AGENTS (“COMPANY PARTIES”), 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 CLASSDOJO 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, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, 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 CLASSDOJO OR THE COMPANY PARTIES 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 COMPANY FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

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.

Basically,

ClassDojo is a free service and is provided “as-is.” We’re not liable to you for damages if something goes wrong.


Registration and Security

As a condition to using Service, you may be required to register with Company and select a password and username or provide additional contact information ("Company User ID"). You must provide Company with accurate, complete, and updated Company User ID information. You may not select or use as a Company User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. You represent, warrant and covenant all registration information you submit is truthful and accurate. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password or QR code and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone without express prior written consent of Company. Company will not be liable for any direct or indirect loss that you may incur as a result of someone else using your Company User ID, password or QR code, either with or without your knowledge or for a failure to comply with this Section. However, you may be held liable for losses incurred by ClassDojo or another party due to someone else using your Company User ID, password, or QR code.

You expressly agree to (a) immediately notify ClassDojo of any unauthorized use of your account or any other breach of security of your account or a child's personal information, and (b) ensure that you properly logout from your account at the end of each session.

You represent, warrant and covenant all registration information you submit is truthful and accurate.

Basically,

You should keep your username and password secret!


Indemnity

You will indemnify, defend, and hold Company, its parents, partners, subsidiaries, affiliates, contractors, service providers, officers, and employees harmless from and against all 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), (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, or (iv) your breach or alleged breach of any interaction, agreement, or policy between you and any other user.

ClassDojo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of ClassDojo. ClassDojo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Basically,

If someone brings a claim against us related to your content or use of the Service, violation of another’s rights, or a breach of this Agreement, you promise to pay for the cost of legal expenses and any loss or damages we incur.


Copyright Protection

It is ClassDojo’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA“). For more information, please go to ClassDojo’s DMCA Notification Guidelines. ClassDojo may remove any allegedly infringing content without any liability to you. ClassDojo will promptly terminate without notice any User’s access to the Service where the User is a “repeat infringer” of copyrights. ClassDojo, 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.

Basically,

We respect copyright. If you see any violations, please see our DMCA Notification Guidelines.


Third Parties and User Interactions

Content from other users and third parties, including, information about third-party products and services, is made available to you through the Service ("Third-Party Content"). Additionally, the Service may contain links to third-party websites that are not owned or controlled by Company, and includes features that allow you to interact and communicate with third parties (“Third-Party Websites”). The inclusion of Third-Party Content and links to Third-Party Websites on the Service does not imply our affiliation or endorsement of such Third-Party Content or Third-Party Websites. Because we do not control Third-Party Content or Third-Party Websites, you agree that we are not responsible for any such Third-Party Content or Third-Party Websites, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third-Party Content or Third-Party Websites (including privacy policies or opinions expressed on the Third-Party Websites), it is the sole responsibility of the person from which such Third-Party Content or Third-Party Websites originated, and ClassDojo has no obligation to monitor such Third-Party Content or Third-Party Websites. When you access third-party websites or interact or communicate with third parties through the Service, you do so at your own risk. Your interactions with Third-Party Content and Third-Party Websites, organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals and are subject to their respective terms and conditions and privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. You understand that by using the Service you may be exposed to Third-Party Content or Third-Party Websites that are offensive, indecent or objectionable, and that you use the Service at your own risk.

User Disputes. ClassDojo is not responsible for the actions, content, information or data of other third parties, including other users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. We reserves the right, but have no obligation, to become involved in any way with these disputes.

Release. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use , privacy or data. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Basically,

We’re not responsible for any third-party content posted, or third-party websites or services linked from our service, or any disputes you may have with them, or other users of ClassDojo.


Term and Termination

This Agreement shall remain in full force and effect while you use the Service unless your account is terminated as provided in this Agreement (“Term”). You may terminate your use of the Service or your account at any time by contacting us at privacy@classdojo.com – parents, you can also terminate your child’s account the same way, although we will need to verify your identity (such as requiring that you send the request to us from the same email address you used to provide your consent to activate the student account originally). Please see our FAQ for what information is deleted when you terminate or delete your account. 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), 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 immediately cease. 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.

Basically,

There is no obligation to use our Service, and you can stop using your account, or delete it completely, at any time. We can do that for you, too.


Dispute Resolution

a) Generally: In the interest of resolving disputes between you and Company in the most expedient and cost effective manner, you and Company agree that any and all disputes arising in connection with these Terms of Service shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. 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, whether based in 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 Company are each waiving the right to a trial by jury or to participate in a class action.

b) Exceptions: Notwithstanding subsection (a), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of 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.

c) Arbitration: Any arbitration between you and 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 www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company.

d) Notice; Process: 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"). Company's address for Notice is: Class Twist, Inc., 735 Tehama St, San Francisco, CA 94103, United States of America. 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 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Company shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Company in settlement of the dispute prior to the arbitrator’s award.

e) Fees: In the event that you commence arbitration in accordance with these Terms of Service, 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 San Francisco, California, 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 case, you agree to reimburse 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 14 days of the arbitrator’s ruling on the merits.

f) No Class Actions: you and 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. Further, unless both you and 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.

g) Enforceability: if only Subsection F of this Section or the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in this Section shall govern any action arising out of or related to these Terms of Service.

Basically,

It is our goal to quickly and efficiently resolve disputes that may arise. For that reason, we require disputes to be submitted to arbitration. If you bring a dispute in arbitration that is $10,000 or less, ClassDojo will pay all the filing fees and make arrangements for non-appearance based proceedings (if you prefer). Additionally, we each waive rights to bring class actions.


Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, and for all purposes of this Agreement, you and Company consent to the exclusive jurisdiction and venue of such courts. Unless and solely to the extent that you or your Institution have a separate written agreement with Company that governs your use of the Service (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.

For information about how to contact Company, please visit our contact page.

Basically,

Please abide by these terms - we will!