General Terms of Use

DATED 2024-03-05 · VERSION 20240408_rev01 · COMPARED WITH 20231201_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20231201_rev01 to 20240408_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

+_Effective Date: December 8, 2023_
+_Effective Date: March 5, 2024_
 Welcome to Clever! We're ("we", "us", or "Clever") delighted to have you on our [website](https://www.clever.com/trust) and maybe even using our service (the "Services"). Please continue reading to learn about the terms by which you may use our web and/or mobile services (collectively, the "Services").
 These General Terms of Use apply to all: (i) schools, school districts, and related entities and organizations that sign up to use the Services, including but not limited to administrators who access the Services on their behalf (each a "School"); (ii) non-School visitors, users, and others, including students, teachers, and their parents or guardians, who use the Services; and (iii) third-party providers of software, applications or tools (each a "Developer" and collectively with the individuals referenced in (ii) above and Schools, the "Users" or "you"). If you're a School, our [Additional Terms of Use for Schools](https://clever.com/trust/terms/schools) apply to you too. If you are a parent or guardian that creates an account on Clever (each a "Parent"), our [Additional Terms of Use for Parents](https://clever.com/trust/terms/parents) apply to you, too. If you're a Developer, our [Additional Terms of Use for Developers](https://clever.com/trust/terms/developers) apply to you too. These General Terms of Use, the [Additional Terms of Use for Schools](https://clever.com/trust/terms/schools) (as applicable to Schools), [Additional Terms of Use for Parents](https://clever.com/trust/terms/parents) (applicable to Parents) and the [Additional Terms of Use for Developers](https://clever.com/trust/terms/developers) (as applicable to Developers) are collectively referred to herein as the "Agreement".
 By accessing or using the Services, checking the box marked \["I Agree"\], or by otherwise affirmatively stating your desire to use the Services, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Clever [Privacy Policy](https://clever.com/trust/privacy/policy), otherwise you may not use the Services. Because our Services change relatively often, the terms in this Agreement and our Privacy Policy may change too. If you are a School or a Developer using the Services, we will notify you via email in advance of any material changes to the terms. Upon making changes, we will update the "Effective Date" found at the top of this page. Your continued use of the Services after any changes constitutes your acceptance of the new terms.
 **ii) WHAT CONTROL DO I HAVE OVER MY USE OF THE SERVICES?**
 You may control your profile and how you interact with the Services by changing the settings in your [settings page](https://account.clever.com/settings). By providing your email address to us you consent to our using the email address to send you Services-related notices, including any required legal notices and other messages, such as additions or changes to the Services and/or notices of product offers. You may opt out or change your preferences in your [settings page](https://account.clever.com/settings). While we need your email address to send you important Services-related notices, you can always ask us to stop sending you certain marketing messages. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
 **iii) RESTRICTED USES**
+Please don't do anything to harm our product or try to hack our Services. Specifically, by using the Services, you agree not to do any of these things: (i) copy, distribute, or disclose any part of the Services in any medium, including but not limited to by any automated or non-automated "scraping"; (ii) use any automated system, including but not limited to "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the Clever servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) transmit any malicious software agents through the Services; (vii) collect or harvest any third-party personally identifiable information, including account names or Student Data (as defined below), from the Services; (viii) use the Services for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Services; (xi) access any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypass the measures we use to prevent or restrict access to the Services, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or related content.
+Please don't do anything to harm our product or try to hack our Services. Specifically, by using the Services, you agree not to do any of these things: (i) copy, distribute, or disclose any part of the Services in any medium, including but not limited to by any automated or non-automated "scraping"; (ii) use any automated system, including but not limited to "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the Clever servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) transmit any malicious software agents through the Services; (vii) collect or harvest any third-party personally identifiable information, including account names or Student Data (as defined below), from the Services; (viii) use the Services for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Services; (xi) access any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypass the measures we use to prevent or restrict access to the Services, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or related content; or (xiii) upload, publish or otherwise make available illegal content on the Services.
 We continually update our Services to offer the best possible product. While we plan to continue to offer and improve our Services, we may, without prior notice, change, cancel, create usage limits for, or permanently or temporarily stop offering or allowing you access to the Services generally ("Service Changes"). While we'll try to give you advance notice of Service Changes that will adversely affect you, this might not be practical or possible and we retain the right to make Service Changes without notice and liability for any reason. If this Agreement ends you continue to be bound by it in any interactions you may have with the Services.
 You are fully responsible for your interactions with other Users, and we have no liability for your interactions with any other Users, or for any User's actions or inactions with respect to you.
 **iv) USER CONTRIBUTIONS**
 Email: [legal@clever.com](mailto:legal@clever.com)
 \*\*\* Under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. \*\*\*
 This procedure is exclusively for notifying us that your copyrighted material has been infringed. The requirements above are intended to comply with our rights and obligations under the DMCA, but do not constitute legal advice. It may be advisable to contact an attorney regarding rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, we have a policy of terminating, as appropriate, Users deemed to be repeat infringers. We may also choose to limit access to the Services and terminate the accounts of Users who infringe intellectual property rights of others, whether or not there is any repeat infringement.
+**xi) SEVERABILITY AND WAIVER**
+**xi) ILLEGAL CONTENT NOTICE**
+To protect the safety of users on our website, illegal content is not permitted pursuant to Section 1(iii) of these General Terms and Conditions. It is our policy to respond to notices of alleged illegal content on our Services, and we may potentially remove any user content that violates these Terms of Service. Content that is considered illegal includes, without limitation, terrorist content, child sexual abuse material and/or illegal hate speech.
+If you see content that you believe or suspect is illegal, please send an e-mail to [legal@clever.com](mailto:legal@clever.com) with a request to review and remove the content. Please include your reasoning for suspecting or asserting that the content is illegal.
+Upon receipt of a notice of alleged illegal content, we will conduct a human review of the allegation. The content will be reviewed by a panel of three members from our legal and finance teams. Any decision made by our reviewers will include the reasons for the decision and we will inform the affected parties. In certain cases, we may also submit it for publication as required by the EU Digital Services Act. If you wish to appeal the decision, you may request an appeal in writing. Appeals will be handled to an escalated review by three members of the executive team, who will conduct a second human review of whether the content violates our Terms of Service. Any decision made by our executive team will also include the reasons for the decision and will be shared with the requester.
+Please note that we are only able to remove content that is made available on Clever's Services, which does not include content that may appear on or be available through applications from Developers. If there is objectionable content on a Developers application, you will need to communicate with the Developer directly.
+**xii) SEVERABILITY AND WAIVER**
 This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us in accordance with the terms of our [Privacy Policy](https://clever.com/trust/privacy/policy). This Agreement, together with any amendments and any additional agreements you may enter into with Clever in connection with the Services including other agreements referenced herein, constitute the entire agreement between you and Clever concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and Clever's failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision. If access to the Services is licensed to the United States government or any agency thereof, then the Services will be deemed to be "commercial computer software" and "commercial computer software documentation," pursuant to DFARS Section 227.7202 and FAR Section 12.212, respectively, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Services and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. Neither party will hold themselves out to be joint venturers, and neither party is authorized or empowered to act as the agent of the other.
+**xii) HOW TO CONTACT US**
+**xiii) HOW TO CONTACT US**
 If you have any questions about this Agreement, please contact us by visiting our [Help Center](https://support.clever.com/).
 Additionally, Clever can be reached:
 By Email: [trust@clever.com](mailto:trust@clever.com)