Legal Stuff

All the legal stuff from Codio.

Codio's Terms & Conditions of Use

Last Updated: December 16th, 2020

IMPORTANT – PLEASE READ CAREFULLY. These Terms of Use (“Terms”) are an agreement between you and Codio Group Inc., a Delaware corporation. References to “us”, “we,”, “our” and “Codio” shall mean Codio Group Inc. and its relevant subsidiary companies, Codio Inc. and Codio Ltd. 

These Terms govern your access to and use of the website located at www.codio.com, including all subdomains of such website (collectively the “Site”), all software, products, and/or services accessible on or through the Site (individually or collectively with the Site, the “Platform”) and any information, content, text, graphics, photos or other materials uploaded, downloaded, purchased, licensed or appearing on or through the Platform (collectively referred to as “Content”). These Terms apply to all visitors, users, and others who access and use the Platform and/or Content (“Users”). References to “ you “ and “your” shall mean any User, including any individual, company, university, school, institution or legal entity (each an “Institution”) which has an account with Codio and any individual who has been authorized by an Institution’s agreement with Codio to access and use the Platform and/or Content. If you are accepting these Terms and using the Platform and/or Content on behalf of an Institution, then “you” includes you and that Institution, and you represent and warrant that you are an authorized representative of the Institution with the authority to bind the Institution to these Terms, and that you agree to these Terms on the Institution’s behalf.

By accessing or using the Platform and/or the Content, you agree that you are bound by these Terms and the other policies and agreements which are incorporated herein by reference. When you create an account with Codio, you may also be required to execute additional agreements and/or agree to additional terms that are applicable to the type of account that you create (the “Account Terms”). In the event of any conflict between these Terms and the Account Terms, the Account Terms shall prevail. You may use the Platform and/or Content only in compliance with these Terms, the Account Terms, and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to abide by these Terms and any applicable Account Terms, you are not authorized to use the Platform.

Please also review our Privacy Policy which can be found at codio.com/legal-stuff for information for information about the information we collect through the Platform and how we use that information.

  1. Accounts

In order to obtain access to certain services on the Platform, you will need to create an account with Codio. We may maintain different types of accounts for different types of Users, including Institution accounts, Teacher accounts, and Student accounts. Your account with Codio and (if applicable) your Institution’s account with Codio gives you access to the Platform and Content with such services and functionality that we may establish and maintain from time to time and in our sole discretion. In many instances, students will access the Platform by account creation initiated by the student’s Institution, or alternatively by account creation initiated individually by the student.

When creating or updating an account, you may be required to provide Codio with certain personal information, which may include (but is not limited to) personal information such as your name, birth date and email address, and, in some cases, payment information such as credit card numbers and billing information. This information will be held and used in accordance with the Privacy Policy. If you choose to create an account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will be asked to create a password (a “Password”). Access to the Platform is not authorized by any other person or entity using your email address and Password and you are responsible for preventing such unauthorized use. You are responsible for safeguarding any password that you use to access the Platform (including passwords that permit single sign-on to the Platform) and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to (a) notify Codio of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session.

Individuals and entities whose privilege to access the Platform has previously been terminated by Codio may not register for an account, nor may you designate any of those individuals to use your account on your behalf. You are solely responsible for any and all access to the Platform by persons using your email address and Password. Please notify us immediately if you become aware that your email address and Password are being used without authorization.

In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Platform and/or Content; (iii) the consequences of any misuse by such User and (iv) ensuring that such User abides by all the Terms as regards that User’s use of the Platform and/or the Content as if that User’s access and use of the Platform and/or Content is you.

Users must be 18 years of age OR have the consent of a parent, guardian, or other authorized adult to use the Platform. Codio reserves the right to provide access to the minor’s account to the minor’s parents, guardian or other authorized adult, upon such adult’s request. Please see our Privacy Policy for more information regarding use of the Platform by Users under the age of 18.

Although it is Codio’s intention for the Platform to be available as much as possible, there will be occasions when the Platform may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Please review Codio’s Service Level Agreement at codio.com/legal-stuff for more information. The Service Level Agreement is incorporated herein by reference.

  1. Content and your rights

You are responsible for Content that you post to the Platform, and any consequences thereof. All Content must comply with these Terms (including the Acceptable Usage Policy available at [insert link], which is incorporated herein by reference) and with the laws and regulations of any country and/or state in which such Content is accessible or used. You agree that you will indemnify Codio and its directors, officers and employees for any losses, liabilities or damages that it or they may suffer or incur arising from any Content which you submit, post or display.

The Platform provides Users with Institution accounts and/or Teacher accounts with the ability to create projects, courses, stacks, starter packs, and classes. Through default settings, all such Content and data are initially Private to your organization, or to your account in the case of Users accessing the Platform as individuals outside of an Institution account.

Institutions can change this “Private” default setting for Users accessing the Platform as part of that Institution’s account. Users accessing the Platform as individuals outside of an Institution can change the default setting for their own Content where they are available. 

You retain your rights to any Content you submit, post, or display on or through the Platform. By submitting, posting or displaying Content on or through the Platform, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence (with the right to sublicence) to use, host, store, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works, communicate, display, and/or distribute such Content in any and all media or distribution methods (now known or later developed) as part of providing the Platform. You agree that this license includes the right for Codio to provide, promote, and improve the Platform and, to the extent permitted under your privacy settings, to make the Content available to other Institutions or individuals as part of providing the Platform (including after termination of your use of the Platform). You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

If you choose to leave your Content or data public, you acknowledge this public availability and consent to other Users being able to access for read-only purposes as well as being able to duplicate or ‘fork’ such data into their own User account. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Platform, and Codio has no responsibility for any such Content. Any use or reliance on any Content posted via the Platform or obtained by you through the Platform is at your own risk.

  1. Termination

We may suspend or terminate your accounts or cease providing you with all or part of the Platform at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or your Account Terms, (ii) you create risk or possible legal exposure for us, (iii) our provision of the Platform is no longer commercially viable, (iv) you are in breach of payment terms in relation to your license fee, (v) the term of your license has expired, or (vi) you are in breach of any of the applicable policies. In such a termination event, the license granted hereunder shall automatically terminate. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Products, except that the following Sections shall continue to apply: 2, 3, 4, 5, 6, and 7.

Further, if you stop using the Platform for more than 12 months, your accounts may be deleted. If you wish to delete your account(s) in their entirety(ies), you may contact us via support@codio.com and specify which account(s) you wish to delete. We will delete your specified accounts within 30 days, unless prohibited by law.

Where a User has been a member of an Institution, whether an account owner, teacher or student member; and where the User is no longer a member of that Institution in Codio; and further, where the User holds no separate individual Codio account and where they are not a member of a current license holding organization in Codio: Users in these circumstances will have a grace period of 12 months following the termination of their status as a license holder, during which time, they can either a) purchase an individual license to Codio, where they will continue to have access to their own projects; or b) download, zip up or otherwise export and copy their project work from Codio and take it elsewhere. During the grace period, Users will be notified of these options. Following the 12 month grace period, and where Users have not acted on either a) or b), User accounts and all related personal data and project work will be deleted.

  1. Intellectual Property

The Platform, and all of its components (including without limitation any computer code, template content, pre-populated content, concepts, artwork, animations, sounds, musical compositions, audio-visual effects and text contained within) is owned by Codio or its licensors, and all of which material is protected by United States and international patent, copyright, trademark, trade secret, and other intellectual property laws.  You acknowledge and agree that Codio shall own all right, title, and interest, including, without limitation, all intellectual property rights in and to the Platform. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Platform or the intellectual property rights owned by Codio. The Codio name, the Codio trademark, and other product names associated with the Platform are trademarks of Codio, and no right or license is granted to use them.

  1. Copyright Notices; Complaints

Codio respects the intellectual property rights of others and expects Users of the Platform to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law, which may include the Digital Millennium Copyright Act (the “DMCA”). The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that any Content or other material appearing on the Platform infringes your copyright, you (or your agent) may send Codio a notice requesting that such Content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Platform are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Codio to locate the Content or other material on the Platform; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated copyright agent for notice of alleged copyright infringement appearing on the Platform is:

Codio Inc. Attn: General Counsel

CIC, One Broadway, 14th floor, Cambridge, MA 02142, USA

Email: support@codio.com

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send Codio a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the applicable law; see http://www.loc.gov/copyright for details regarding US law. Notices and counter-notices with respect to the Site should be sent to Codio at support@codio.com. We reserve the right to terminate the account of any User who we believe has infringed the rights of others under applicable copyright law.

Please note that you may be liable for damages (including attorney’s fees and other costs) if you misrepresent a claim that content or other material is infringing upon your copyright. Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any such claim. Please note that a copy of each legal notice and claim (with your personal information) could be sent to a third party for publication and annotation.  

  1. Disclaimers and limitations of liability

Please read this Section carefully since it limits the liability of Codio and its parents, subsidiaries, affiliates, related companies, and each of their respective officers, directors, employees, agents, representatives, partners, shareholders and/or licensors (collectively, the “Codio Entities”). Each of the Subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this Section is intended to limit any rights you may have which may not be lawfully limited. 

DISCLAIMERS

Your access to and use of the Platform and any Content is at your own risk. You understand and agree that the Platform and Content are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE CODIO ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THIS PLATFORM OR THE CONTENT. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. THE CODIO ENTITIES WILL NOT BE RESPONSIBLE FOR ANY SITE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. No advice or information, whether oral or written, obtained from any of the Codio Entities or through the Platform will create any warranty not expressly made herein.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LINKS

The Platform may contain links to third-party websites or resources. You acknowledge and agree that the Codio Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Codio Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CODIO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM AND/OR CONTENT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON,THROUGH, OR ASSOCIATED WITH THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CODIO ENTITIES EXCEED THE AMOUNT YOU PAID CODIO, IF ANY, IN THE PAST SIX MONTHS FOR THE PORTIONS OF THE PLATFORM AND/OR CONTENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CODIO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  1. General terms

The failure of Codio to enforce any right or provision of these Terms will not be deemed a waiver of them.

These Terms (including the Acceptable Usage Policy), the Account Terms, our Privacy Policy and the Service Level Agreement  are the entire and exclusive agreement between Codio and you regarding the Platform and/or the Content, and such policies and agreements supersede and replace any prior policies and agreements between Codio and you regarding the Platform and/or the Content. Other than members of the group of companies of which Codio. is the parent, no other person or company will be third party beneficiaries to the Terms.

When purchasing licenses through Codio, Inc. these Terms are governed by, and shall be construed in accordance with, the laws of the State of Delaware, USA, without giving effect to its conflict of laws provisions, and each party agrees to submit to the exclusive jurisdiction of the federal and state courts located in the State of Delaware. Where licences are purchased through Codio UK Ltd, these Terms are governed by, and shall be construed in accordance with, English law and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales. 

We may revise these Terms, including the Acceptable Usage Policy and the Service Level Agreement, from time-to-time, and the most current version of each document will always be at the referenced link. If the revision, in our sole discretion, is material we will notify you through the Platform or through the email associated with your profile. By continuing to access or use the Platform after those revisions become effective, you agree to be bound by the revised Terms.

The Platform is operated and provided by Codio Group, Inc. whose registered office address is:

16192 Coastal Highway, Lewes, Sussex, Delaware 19958

Unless otherwise noted in these Terms, all correspondence should be addressed to (US clients): Codio, Inc. CIC, One Broadway, Cambridge, MA 02142, USA and (UK/ROW clients): Codio Ltd. 51 Queens Road, London, SW19 8NP, UK

If you have any questions about these Terms or any document referenced herein, please email: support@codio.com.

Effective December 2020

 

Privacy Policy

Codio Group Inc., and its relevant subsidiary companies, Codio Inc. and Codio Ltd. (collectively “Codio” or the “Company”), respects the privacy of its clients and other users of its website located at www.Codio.com, including any subdomains of such website (the “Site”), and any software, products, and/or services accessible on or through the Site (individually or collectively with the Site, the “Platform”). This Privacy Policy explains how Codio collects the personal information of the users of the Platform (collectively, “Users”), how Codio handles and protects that information, and what Users can do to help protect that information. References to “you “ and “your” shall mean any User.

Codio reserves the right, at our discretion, to change, modify, add or remove portions of this Privacy Policy at any time by posting the amended Privacy Policy on the Site. If you have an account with Codio at that time, you may also be given additional notice, such as an email message or messaging, of any changes. You should review this Privacy Policy periodically, and especially before you provide any Personal Information. No amendment to this Privacy Policy shall apply to any dispute of which Codio had actual notice before the date of the amendment. Your continued use of the Platform after we post any modifications to the Privacy Policy will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. Except as otherwise stated, all amended terms shall automatically be effective thirty (30) calendar days after they are initially posted.

By using the Platform, you agree to the collection and use of information in accordance with this Privacy Policy. If you are using the Platform pursuant to a Codio account established by a university, school, institution or legal entity (each an “Institution”), that Institution may separately require you to confirm acceptance of privacy and related provisions established by the Institution regarding your use of technology products such as the Platform.

Information Collected

Codio collects information from individuals, companies, universities, schools, institutions and other legal entities who utilize the Platform as Users and from individuals and Institutions who register to use the Platform for themselves and for their underlying users (“Customers”).


When an Institution administrator, faculty member or other staff member creates an account with Codio, we ask for certain information, including a name, institution name, institution type, email address and password. We may also retain information when an Institution sends us a message via the Platform or by email. When an Institution starts using the Platform, we will keep a record of the Institution user group’s use of the Platform.

In the course of providing the Platform to Institutions, Codio may receive information about students or other Users using the Platform pursuant to the account established by that Institution (“Institution Students”), which may include personally identifiable information such as the Institution Student’s name, e-mail address, address, and mobile phone number (collectively “Personal Information”). The information may also include information that can be considered “educational records” (records such as project work or assessment scores that contain information directly related to a student) generated by the Institution Student’s use of the Platform. Codio does not require or request that any educational records be provided to Codio by the Institution or by any individual User.

 

Family Educational Rights and Privacy Act

Pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), the institution hereby designates Codio as "institution official" with a legitimate educational interest in the educational record of the students who participate in courses using the Codio platform to the extent that access to the records is required by Codio to provide the platform. Codio agrees to maintain the confidentiality of the education records in accordance with the provisions of FERPA.

Education Research

Codio also collects and records usage data such as keystroke data for academic research purposes and for the purpose of providing the Platform, where such keystroke data enables Codio to create innovations that help teachers teach more effectively and help students stay engaged and reach learning outcomes.

 

Personally Identifiable Information 

When you engage in certain activities on the Platform, such as creating an account, inquiring about the services provided by Codio, posting any content, contacting Codio or providing feedback, or signing up for email updates or other materials, we may ask you to provide certain information about yourself, which may include personally identifiable information such as your name, e-mail address, address, and phone number (collectively “Personal Information”). By voluntarily providing us with your Personal Information, you are consenting to our use of it in accordance with this Privacy Policy. You may email Codio at support@codio.com to find out what Personal Information about you has been collected, and to request changes or corrections to, or deletions of, the Personal Information.

When creating an account that requires payments, Codio may require you to provide the Company with financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Platform (“Billing Information”). We use a third-party payment processor to process payments made to Codio. In connection with the processing of such payments, we do not retain any financial information such as credit card numbers. Rather, all such financial information, together with any Personal Information that you provide in the payment process, is provided directly to our third-party processor, Braintree. The third-party processor’s use of your financial information and any other Personal Information that you provide to them in the payment process is governed by the processor’s privacy policy which may be viewed at https://www.braintreepayments.com/legal/braintree-privacy-policy

If you are creating an account on behalf of an institution or other entity, Codio may also ask you to provide additional information, such as annual revenues, number of employees, or industry.

As you navigate the Site, Codio may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Site (such as the pages viewed and the links clicked).

Use of Personal Information Collected

2.1 Institution Students

This Section 2.1 applies only to Institution Students.

Each Institution’s license arrangement with Codio determines how Codio will collect and utilize Personal Information from the Institution Students of that Institution.

Codio will not use Personal Information of Institution Students for marketing purposes.

Codio will only use Personal Information of Institution Students to communicate with Institution Students in the following instances:

Where an Institution Student makes use of “contact us” in the Platform for assistance regarding the operational use of the Codio product.
Where an Institution account requires its students to “self-pay”, and the student raises a billing inquiry.
Where a student ceases to be a member of an Institution account in Codio, e.g. where the student leaves the Institution or is no longer required to have access to the Institution account in Codio, we will communicate with these users to offer them options for continuing their use of Codio, and to explain options for downloading, storing or saving their content.
Where important changes are made to the Platform, we may communicate these changes to some or all Users including Institution Students.


2.2 All Other Users

Codio may occasionally use a User’s Personal Information to provide customer service to the User, such as communicating with Users about their accounts and/or requests for services. We may also from time to time send all Users important news about product changes that affect their experience of using the Platform.

The Company may also use Personal Information about Users for marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in the Platform and to send you information regarding the Company and its partners, such as information about promotions or events. Users may opt-out of these communications as detailed in Section 8 below.

Security of Personal Information

Codio works to protect the security of Personal Information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information that is transmitted on the Site. Information is stored with an AES-256 encryption.

Codio has appropriate security measures in place within its database and physical facilities to protect against the loss, misuse, or alteration of information that has been collected on the Site. These measures include limiting the number of people who have physical access to Codio’s database servers, as well as electronic security systems and password protections that guard against unauthorized access. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards. However, please be aware that we are unable to guarantee the absolute security of the Personal Information we have collected from you.

Web Site Navigational Information

Codio uses commonly-used information-gathering tools, such as cookies and Web beacons, to collect information as you navigate the Site (“Web Site Navigational Information”). Codio uses Web Site Navigational Information to operate and improve the Site. The Company may also use Web Site Navigational Information alone or in combination with Personal Information of Users to provide personalized information about the Company, subject to the limitations in Section 2.1 above. This section describes the types of Web Site Navigational Information that may be collected on the Site and how this information may be used.

4.1 Cookies

Codio uses cookies to make interactions with the Site easy and meaningful. When you visit the Site, Codio servers send a cookie to your computer. Standing alone, cookies do not personally identify you. They merely recognize your Web browser. Unless you choose to identify yourself to Codio, either by responding to a promotional offer, opening an account, or filling out a Web form (such as a “Contact Me” web form), you remain anonymous to the Company. Codio uses cookies that are session-based and persistent-based. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer.


If you have chosen to identify yourself to Codio, the Company uses session cookies containing encrypted information to allow the Company to uniquely identify you. Each time you log into the Platform, a session cookie containing an encrypted, unique identifier that is tied to your account is placed in your browser. These session cookies allow the Company to uniquely identify you when you are logged into the Platform and to process your online transactions and requests. Session cookies are required to use the Platform.

Codio uses persistent cookies that only we can read and use to identify browsers that have previously visited the Site. When you create an account or provide us with Personal Information, a unique identifier is assigned you. This unique identifier is associated with a persistent cookie that we place on your Web browser. Codio is especially careful about the security and confidentiality of the information stored in persistent cookies. For example, we do not store account numbers or passwords in persistent cookies. If you disable your Web browser’s ability to accept cookies, you will be able to navigate our Site, but you will not be able to successfully use the Platform.

At this time the Site does not recognize automated browser signals regarding tracking mechanisms, which may include “do not track” instructions. However, you can change your privacy preferences regarding the use of cookies and similar technologies through your browser. You may set your browser to accept all cookies, block certain cookies, require your consent before a cookie is placed in your browser, or block all cookies. Blocking all cookies may affect your online experience and may prevent you from using all of the features of the Platform. Please consult the “Help” section of your browser for more information.

4.2 Web Beacons

Codio uses web beacons alone or in conjunction with cookies to compile information about usage of our Site and interaction with emails from Codio. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular web site tied to the web beacon, and a description of a web site tied to the Web beacon. For example, we may place Web beacons in marketing emails that notify us when you click on a link in the email that directs you to our Site. Codio uses Web beacons to operate and improve our Site and email communications.

4.3 Flash Cookies

Codio may use local shared objects, also known as Flash cookies, to store your preferences or display content based upon what you view on our Site to personalize your visit. Third parties with whom Codio partners to provide certain features on our site or to display advertising based upon your web browsing activity use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies.

4.4 IP Addresses

When you visit our Site, we collect your Internet Protocol (“IP”) addresses to track and aggregate non-personal information. For example, Codio uses IP addresses to monitor the regions from which Users navigate the Site.

4.5 Third Party Cookies

From time-to-time, Codio engages third parties to track and analyze usage and volume statistical information from individuals who visit our Site. Codio may also use other third-party cookies to track the performance of Company advertisements. The information provided to third parties does not include personal information, but this information may be re-associated with personal information after we receive it.
Codio may also contract with third-party advertising networks that collect IP addresses and other Web Site Navigational Information on our Site and emails and on third-party web sites. Ad networks follow your online activities over time by collecting Web Site Navigational Information through automated means, including through the use of cookies. They use this information to provide advertisements tailored to your interests. You may see these advertisements on other Web sites. This process also helps us manage and track the effectiveness of our marketing efforts.

4.6 Google Analytics

Codio uses Google Analytics to track information about Site behavior.

Public Forums, Refer a Friend, and Customer Testimonials

Codio may provide bulletin boards, blogs, or chat rooms on the Site. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. Codio is not responsible for the Personal Information you choose to submit in these forums. Codio may post a list of Customers and provide testimonials or case studies on the Site that contain information such as Customer names and titles. Codio always obtains the consent of each Customer prior to posting any information on such a list or posting testimonials or case studies.

Sharing of Information Collected

Codio may employ companies and individuals to perform functions on Codio’s behalf. Examples may include providing marketing assistance, performing statistical analysis, providing customer service and processing payments. These companies and individuals will have access to the Personal Information only as necessary to perform their functions, and may not access or use it for any other purpose. If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information by Codio to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to support@codio.com.

Codio uses a third-party service provider (Braintree) to manage credit card processing. This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on the Company’s behalf. Codio does not store any credit card information on its own systems whatsoever.

Codio will not sell Personal Information of any User, nor will Codio rent, sell, or otherwise provide Personal Information or any other information of any User to any third party for marketing purposes. However, in the event Codio goes through a business transition, such as a merger or an acquisition of its equity interests or assets, the Personal Information of Codio’s Users will, in most instances, be part of the assets transferred.  

An Institution may instruct Codio to share certain information of its Institution Students with third parties such as a third-party learning management system provider. Codio will not be responsible for the privacy practices of those third parties.

Codio reserves the right to use or disclose all or any information provided directly or indirectly by a User or a Customer if required by law or if the Company reasonably believes that use or disclosure is necessary to protect the Company’s rights and/or to comply with a judicial proceeding, court order, or legal process. In the event of a request by law enforcement agencies to obtain information, we will a) notify you within 24 hours of the receipt of such a request, and b) give you the opportunity to engage with the law enforcement agencies to determine whether you wish to seek a protective order.

In addition to the use of your Personal information described above, we may share Personal Information with other companies, organizations or individuals outside of Codio if we have your express consent to do so.

International Transfer of Information Collected

To facilitate Codio’s global operations, the Company may transfer and access Personal Information of Users from around the world, including the United States and the United Kingdom. This Privacy Statement shall apply even if Codio transfers Personal Information to other countries.

General Data Protection Regulation

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the General Data Protection Regulation (“GDPR”) of the EU with respect to your Personal Information. In circumstances where the privacy practices of Codio are subject to the GDPR, this Privacy Policy is supplemented by Codio’s Privacy Policy Addendum. 

Children’s Online Privacy

Codio does not knowingly collect or solicit any information from children under the age of 13 or knowingly allow such persons to create an account or otherwise utilize the Platform without parent or guardian consent. For Institution Students, Codio may rely on consent obtained from an Institution Student’s parent or guardian by the applicable Institution for use by such Institution Student of electronic resources like Codio. In the event that we learn that we have collected Personal Information from a child under age 13 without parent or guardian consent, we will delete that information as quickly as possible. If you believe that your Child has provided us with Personal Information without your consent, please contact us.

Communications Preferences

Codio offers Users who provide contact information a means to choose how the Company uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the unsubscribe link located on the bottom of the Company’s marketing emails. Additionally, you may send a request specifying your communications preferences to support@codio.com.

Customers cannot opt-out of receiving transactional emails related to their account with Codio or the Platform. However, Codio will only communicate with Institution Students in specific instances, as set out in 2.1 above.

Correcting and Updating Your Information

Users may update or change their account information by logging in to their accounts at https://codio.com. Requests to access, change, or delete your information will be handled within 30 days.

Contacting Us

Questions regarding this Privacy Policy or the information practices of the Platform should be directed to support@codio.com or by mailing:

Codio Inc.
c/o CIC, One Broadway, 14th floor, Cambridge, MA 02142, 
USA

 

Acceptable Use Policy

Your use of the Products and/or Content is subject to this Acceptable Use Policy. If you are found to be in violation of our policies at any time, as determined by Codio in its sole discretion, we may warn you or suspend or terminate your account. Please note that we may change our Acceptable Use Policy at any time, and pursuant to these Terms, it is your responsibility to keep up-to-date with and adhere to the policies posted here.

We may suspend accounts or require a paid subscription or additional payment, at our discretion, if Users exceed the following soft usage limits.

  • Codio is intended for development purposes and may not be used for production purposes
  • Any User project that generates sustained, high levels of load will be suspended. Repeated infringement by an individual User will result in that User’s account being suspended
  • Excessive bandwidth usage by a User will result in that User’s account being suspended
  • Data storage is subject to a soft limit of 5GB across all projects for each individual User. The maximum permitted storage for any individual project is 5GB. Existing Subscribers Generation 2 Boxes are not affected. Generation 1 Box size will be reduced. Codio reserves the right to change these limits at its discretion.
  • The maximum amount of RAM memory is restricted to 400MB per project. Projects that require more RAM may be purchased at an additional cost.
  • An individual User may not have multiple projects open simultaneously.
  • Codio projects run on shared servers. Project CPU usage is distributed across shared servers in the Codio CPU cluster. Codio makes no assurances as to the absolute level of CPU performance for an individual project. Additional and assured CPU capacity may be purchased separately.
  • Each individual User is responsible for writing code that does generate not cause high CPU load levels on Codio’s servers. We will suspend individual User accounts that generate excessive, sustained CPU or bandwidth load. Codio reserves the unilateral right to determine acceptable CPU and bandwidth thresholds.

Prohibited Content

The Content displayed and/or processed through your application or other web site utilizing the Products shall not contain any of the following types of content:

  • Content that infringes a third party’s rights (e.g., copyright) according to applicable law;
  • Excessively profane content;
  • Hate-related or violent content;
  • Content advocating racial or ethnic intolerance;
  • Content intended to advocate or advance computer hacking or cracking;
  • Gambling;
  • Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
  • Drug paraphernalia;
  • Phishing;
  • Torrents;
  • Mining;
  • Denial of Service attacks;
  • Fork bombing;
  • Malicious content;
  • Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

Prohibited Actions

In addition to (and/or as some examples of) the violations described in the Terms, you may not and may not allow any third party, including your end Users, to:

  • Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
  • Sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law;
  • Imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
  • Data mining any web property (including Codio’s) to find email addresses or other User account information;
  • Sending unauthorized mail via open, third-party servers;
  • Sending emails to Users who have requested to be removed from a mailing list;
  • Selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure; and
  • Sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
  • Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
  • Conduct or forward pyramid schemes and the like;
  • Transmit content that may be harmful to minors;
  • Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
  • Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
  • Use the Products to violate the legal rights (such as rights of privacy and publicity) of others;
  • Promote or encourage illegal activity;
  • Interfere with other users’ enjoyment of the Products;
  • Sell, trade, resell or otherwise exploit the Products for any unauthorized commercial purpose;
  • Modify, adapt, translate, or reverse engineer any portion of the Products;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the Products;
  • Reformat or frame any portion of the web pages that are part of the Products’s administration display;
  • Use the Products in connection with illegal peer-to-peer file sharing;
  • Display any Content on the Products that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
  • Modify the Codio logo or any other company marks; or
  • Use the Products, or any interfaces provided with the Products, to access any Codio Product or service in a manner that violates the Terms or other terms and conditions for use of such Codio Product or service.

 

Copyright Notices

Your license to use the Products and/or Content

Codio gives you a personal, worldwide, non-assignable, non-sublicensable, non-transferable and non-exclusive license to use the Products and/or the Content, subject to these Terms and any agreement entered into by you or your company, university, school, institution or other legal entity with Codio relating to the Product and/or the Content. The consideration and payment terms, the duration of the license and the number of permitted Users of such licence will be set out, amongst other things, in the agreement entered into by you or your company, university, school, institution or other legal entity with Codio relating to the Product and/or the Content. You may not copy, modify, distribute, sell, license or sub-license or lease all or any part of our Products and/or Content, nor may you reverse engineer or attempt to extract the source code of any Product and/or Content unless you have our written permission.

 

Codio Trademarks

The Products are always evolving and the form, nature, and/or functionality of the Products may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing individual features within the Products to you or to Users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

All right, title, and interest in and to the Products and Content (excluding Content provided by Users or other third parties) are and will remain the exclusive property of Codio and its licensors. The Products are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Nothing in the Terms gives you a right to use the Codio name or any of the Codio trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Codio, or the Products is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

Service Level Agreement ("SLA")

Last Updated April 2018

This Codio Service Level Agreement (“SLA”) is a policy governing the use of Codio (“Codio”, “us” or “we”) Products under Codio’s Terms and is made between Codio and Users of the Products (“you”). This SLA applies separately to each account using the Products. Unless otherwise provided herein, this SLA is subject to Codio’s Terms of Use and capitalized terms will have the meaning specified in the Terms. We reserve the right to change the terms of this SLA in accordance with the Terms.

Service Commitment

Codio will use all commercially reasonable efforts to make each of the Products available with a Monthly Uptime Percentage (defined below) of at least 99.95%, in each case during any calendar month (the “Service Commitment”). In the event that Codio does not meet the Service Commitment, you will be eligible to receive a Service Credit, subject to the terms set out below.

Definitions

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage
of minutes during the calendar month in which the applicable Products were in the state of “Unavailable.”. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Codio SLA Exclusion (defined below).
“Unavailable” and “Unavailability” mean when all of your running instances have no connectivity, or when none of your Users are able to access their User accounts.
Unavailable Minutes are published at status.codio.com and are defined as the whole minutes elapsing between Codio confirming that applicable Products are Unavailable, and the restoration of Product Availability. You accept by your use of the Product that Codio’s reporting of Product Unavailability at status.codio.com determines the calculation of Unavailable Minutes and any Service Credits due under this SLA.
In the event that you experience an outage that is not registered at status.codio.com, you should report this to us to in order that we may diagnose it and confirm if there is an Unavailability
A “Service Credit” is an extension to a Codio Licence, or a cash rebate, calculated as set forth below.

Service Commitments and Service Credits

Service Credits are calculated as a period of extension to a paid Licence period for Codio Products in accordance with the schedule below.

Service Commitments and Service Credits

Service Credits are calculated as a period of extension to a paid Licence period for Codio Products in accordance with the schedule below.

Monthly Uptime Percentage

Service Credit

Less than 99.95% but equal to or greater than 99.75%

2 week extension or 10% of your pro-rata monthly license fee

Less than 99.75% but equal to or greater than 99.5%

1 month extension or 30% of your pro-rata monthly license fee

Less than 99.5% but equal to or greater than 99.0%

2 month extension or 50% of your pro-rata monthly license fee

Less than 99.0%

3 month extension or 100% of your pro-rata monthly license fee

Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Codio Products is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by emailing support@codio.com. To be eligible for consideration for a Service Credit, the credit request must be received within 60 days of the occurrence of the incident and must include:

the words “SLA Credit Request” in the subject line;
the dates and times of each Unavailability incident that you are claiming; and
the affected Codio Account.

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you via an extension to your licence or a cash rebate according to the Service Credits schedule. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

Codio SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Codio Products: (i) that result from a deliberate suspension of your account; (ii) that is caused by factors outside of our reasonable control, including any force majeure event or Internet access issues or related problems beyond the demarcation point of the Codio Products; (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from any scheduled maintenance; or (vi) that arise from our suspension and termination of your right to use Codio Products in accordance with the Terms. If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Terms, your sole and exclusive remedy for any Unavailability, non-performance, or other failure by us to provide Codio Products is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by emailing support@codio.com. To be eligible for consideration for a Service Credit, the credit request must be received within 60 days of the occurrence of the incident and must include:

the words “SLA Credit Request” in the subject line;
the dates and times of each Unavailability incident that you are claiming; and
the affected Codio Account.

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you via an extension to your licence or a cash rebate according to the Service Credits schedule. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

Codio SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Codio Products: (i) that result from a deliberate suspension of your account; (ii) that is caused by factors outside of our reasonable control, including any force majeure event or Internet access issues or related problems beyond the demarcation point of the Codio Products; (iii) that result from any actions or inactions of you or any third party, including failure to acknowledge a recovery volume; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from any scheduled maintenance; or (vi) that arise from our suspension and termination of your right to use Codio Products in accordance with the Terms. If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

 

Compliance

Codio's student experience meets the Web Content Accessibility Guidelines (WCAG) Level 2AA level of compliance and Codio is actively committed to maintaining and continuously improving the accessibility of the Codio student experience.