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All the legal stuff from Codio.

IMPORTANT–PLEASE READ CAREFULLY. These Terms of Use (“Terms”) are an agreement between you and Codio Ltd., a private company incorporated and existing under the laws of England & Wales. References to “us”, “we,”, “our” and “Codio” shall mean Codio Ltd. 

These Terms govern your access to and use of Codio software, products, and/or services (individually or collectively, the “Products”) and any information, content, text, graphics, photos or other materials uploaded, downloaded, purchased, licensed or appearing on or through the Products (collectively referred to as “Content”). These Terms apply to all visitors, users, and others who access and use the Products and/or Content (“Users”). References to “ you “ and “your” shall mean any User, including an individual, company, university, school, institution or legal entity which has an account with Codio and any individual who has been authorized by their company, university, school, institution or legal entity under the terms of that company, university, school, institution or legal entity’s agreement with Codio to access and use the applicable Products and/or Content.

By accessing or using any of the Products and/or the Content, you agree that you are bound by these Terms.

In the event of any conflict between these Terms and the terms and conditions of any applicable written agreement you have entered into with Codio, the terms and conditions of the written agreement shall prevail.


1. Basic terms and accounts

Your access to and/or use of the Products and/or the Content constitutes your acceptance of these Terms. You are responsible for your use of the Products and/or the Content in accordance with these Terms and with any applicable laws, rules and regulations to which you are subject

For students in education institutions your access to and/or use of the Products constitutes your consent, or your relevant parental or guardian’s consent to the terms relating to privacy and use of personal information. Your education institution may separately require you to confirm acceptance of privacy and related provisions established by the institution reqarding your use of technology products.

Your account with Codio or your education institution’s or legal entity’s account with Codio gives you access to the relevant Product and/or Content with such services and functionality that we may establish and maintain from time to time and in our sole discretion.

We may maintain different types of accounts for different types of Users including the following. If you are accepting these Terms and using the Products and/or Content on behalf of a company, university, school, institution or legal entity then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You may use the Products and/or Content only in compliance with these Terms, along with any applicable agreement entered into by your institution with Codio relating to the Products and/or Content, and all applicable local, state, national, and international laws, rules and regulations.

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 Products 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 Product and/or the Content as if that User’s access and use of the Product and/or Content is you. Codio requires that the parents, guardian, or other authorized adult of a minor under 18 years of age as defined under United States statute or under 18 in the EU (and under 16 in the EU effective from May 25th 2018 following the introduction of the General Data Protection Regulation) affirmatively consent to the use of a Codio Product/Content by such minor. 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 Section 2 of these Terms.


2. Privacy and use of personal information

2.1 Education Institutions and their Students:

Codio recognizes the importance of safeguarding and protecting data relating to education institutions using Codio who in many cases will register their students for Codio accounts (“education institutions”), and to students whose information we may receive from themselves or from their education institution (“students”). As we set out below, education institutions determine how we receive student data contingent on the license arrangement they contract for with Codio. These privacy and use of personal information terms relate to your use of the Codio platform and set out the approach we take to protect your data.

For our privacy policy relating to the codio web site (https://codio.com) see our Privacy Policy.

2.2 How we collect and use information:

2.2.1 Information about Education Institutions: we ask for certain information when an education institution administrator, faculty member or other staff member creates an education trial account with Codio, including a name, institution name, institution type, email address and password. We may also retain information when an education institution sends us a message via our website or through our platform “contact us” application, or by responding to emails. When an education institution starts using the Codio product, we will keep a record of the institution user group’s use of the product. We use this information to support, maintain and continuously improve the product and the service we offer our users, to analyze our service offering, and to communicate with education institutions.

2.2.2 Student data: Codio may receive personally identifiable information about students (“student data”) in the course of providing our products to education institutions. Codio regards student data as confidential and Codio does not ever use student data for any purpose other than to provide the products. Student data may include personal identifiable information and data that can be considered “educational records” (records such as project work or assessment scores that contain information directly related to a student) generated by your use of the Codio product. Codio does not require or request that any educational records be provided to Codio by the institution or by any individual user.

If a student user of the products contacts us directly, we may retain the content of that communication but will as a matter of course direct the student to the faculty/admin or other named user responsible for managing the education institution’s account with Codio.

In many instances, students in education institutions will access the Codio products by account creation initiated by the education institution, or alternatively by account creation initiated individually by the student. In either case, the education institution confirms it has the appropriate consents of the students or the parents before the student accesses the Codio products.

2.3 How your information is shared:

Codio does not and never will rent, sell, or otherwise provide your data to any third party for marketing purposes, nor do we ever engage in marketing of the Codio products directly to students of our education institution customers. We may from time to time send all users including student users important news about product changes that affect their experience of using the Codio products, or about how to manage their accounts after they cease to be part of an education institution user group.

We may also share information with third parties (e.g. analytics services) but only for the purposes of monitoring and managing the provision of the Codio products. We may also be obliged to share information with law enforcement when compelled to do so, or to enforce our acceptable usage policy, or to protect other users of the Codio products. 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 the event of any change of control of Codio, if the ownership of Codio changes or transfers, we will only transfer personally identifiable information if we receive written assurances that the new owner intends to operate Codio as a going concern with a contractual obligation to adopt an approach to privacy and data protection as rigorous as our current approach and policies. In the event of a change of control, we will notify all customer institutions and offer the option of an opt-out of the transfer of personally identifiable information.

Sharing of student data: Codio may facilitate the sharing of student data with third parties but only when instructed and enabled to do so by the education institution, e.g. with a third party learning management system provider. Please note, these privacy and use of personal information terms relate only to the Codio products.

Where a US institution licensing Codio for use by the institution and its student group shares personally identifiable information or any other data about a student or group of students, the institution effectively designates Codio “an agent of the institution” for the purposes of FERPA. For the avoidance of doubt, student data that could be considered educational records, as defined by FERPA, may be generated by your use of the product.

With respect to EU institutions, Codio adheres to the practices and provisions of the current EU Data protection directive 95/46/EC and will comply with the GDPR (General Data Protection Regulation) from May 25th 2018.

As between Codio and you, you own all right, title and interest to all Student Data you provide or otherwise make available to us.

In either instance – an institution or a student sharing personally identifiable information - Codio does not own, control, or license such Student Data, except so as to provide the Products and/or Content as described herein.

2.4 Use of Codio by organizations and individuals outside of Education

Any information that you provide, have provided or may provide to Codio and any information which may be collected by us in connection with your use of the Products and/or the Content, including first name, last name, email address, and any other information including personal information (“Your Information”), will be collected, maintained and used by us in order to provide the Products and/or Content to you or your institution, or in accordance with these Terms, our privacy policy located at “Privacy Policy”, any additional terms applicable to an individual Product and/or Content, and any agreement entered into by your institution relating to the Product and/or Content. You understand that, through your use of the Products and/or Content, you consent to the collection and use (as set forth in these Terms, the Privacy Policy and any agreement entered into by your institution relating to the Product and/or Content) of Your Information, including the transfer of Your Information to the United States and/or other countries for storage, hosting, processing, and use by Codio.

By accessing or using the Products and/or the Content, you hereby consent that Codio may (i) use any or all of Your Information in connection or combination with other Codio Products and/or Content to provide, maintain, protect and improve Products and/or Content and to develop new Products and/or Content and (ii) provide any or all of Your Information to third parties that provide certain functions and other services for Codio or marketing in connection with the Products and/or Content, including without limitation the entity hosting or licensing the Products. We will never share your information with third parties for any purpose other than the marketing of Codio Products and/or Content.

EU Data Protection

Codio adheres to the practices and provisions of the current EU Data protection directive 95/46/EC
How to contact Codio for queries relating to privacy and use of personal information

If you have any questions regarding the privacy and use of your Information, please contact us at support@codio.com, or your educational institution.


3. Content and your rights

You are responsible for Content that you post to the Products, and any consequences thereof. All Content must comply with these Terms 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.
3.1 Content Settings
Content you create or post in Codio is by default set to ‘Private’.
The Codio Product provides the ability to create projects, courses, stacks, starter packs, classes and other data added by you to the Product. Through default settings, all such content and data is Private to your organization, or to your account in the case of individual users outside of an organization account.

For education institution organizations, all content for all users within the organization is by default set to Private in the Organization settings. Only organization owners can adjust this setting.
For users outside of an education institution, if you do wish to make content and data publicly available you can use privacy options, where they are available, e.g. using project settings to make a project public, such that your content is visible by other Users. 

Content Rights

You retain your rights to any Content you submit, post, or display on or through the Products.
By submitting, posting or displaying Content on or through the Products, and where such content is set to ‘Public’, 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 any of the Products. You agree that this licence includes the right for Codio to provide, promote, and improve the Products and to make Content (typically public Content) submitted to or through the Products available to other institutions or individuals as part of providing the Products (including after termination of your use of the Products) and in accordance with your privacy settings. 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 Products, and we cannot and will not accept any responsibility for any such Content. Any use or reliance on any Content posted via the Products or obtained by you through the Products is at your own risk.

Intellectual Property
Codio respects the intellectual property rights of others and expects Users of the Products to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Any such Content will be deleted.

Acceptable Use Policy

Content submitted, posted or displayed via the Products is subject to Codio’s Acceptable Use Policy (Section 5) accessible here. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. If this happens we will notify you after the event. Our designated copyright agent for notice of alleged copyright infringement appearing on the Products is:
Codio Ltd Attn: General Counsel 
51 Queens Road
London
SW19 8NP
Email: support@codio.com


4. Support & Maintenance

Codio support is offered to all Users of the Codio Products and relates to system or application malfunctions. Codio may choose, but is not obliged, to respond to support requests that ask how to use the software where such information is available in the online documentation. Should support requests be received that relate to Product usage where the appropriate documentation is missing then Codio will undertake to rectify the documentation with 5 working days of notification and provide a suitable response within the support response period.

Codio is not obliged to rectify issues that result from User error or action such as data deletion or modification.

Codio offers support at no cost for all requests received that relate to the fundamental operational availability of the Products. Our response time for such incidents (excluding UK Public Holidays) is 1 hour between the times of 07:00 and 19:00 GMT (Mon-Fri). Codio maintains automated systems that monitor availability and automatically relay any issues directly to Codio system administrators. Such issues are attended to by Codio staff 365 days a year, 7 days a week and 24 hours a day. This level of support does not apply to any system availability that affects individual users.

Codio offers standard end User support at no charge using either email or our integrated chat based help system. Our response times are typically (excluding UK Public Holidays) within 1-2 hours between 8:00 and 17:00 GMT, but no more than 8 business hours provided that the support request is received between 09:00 and 17:30 GMT (Mon-Fri) in the USA, Canada or Europe.

Maintenance & Updates

Codio provides all system maintenance free of charge. Feature and maintenance updates are delivered to the User automatically and may occur at any time. The User may need to reload the Codio application by pressing the refresh button in the browser.


5. Registration obligations and passwords

You may never use another individual User’s account without permission. In consideration of your use of the Products, you agree (a) that Your Information will be true, accurate, current and complete, and (b) to maintain and promptly update Your Information to keep it true, accurate, current and complete. You are responsible for safeguarding any password that you use to access the Products (including passwords used on other Codio products that permit single sign-on to the Products) 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.


6. Termination

We may suspend or terminate your accounts or cease providing you with all or part of the Products at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us, (iii) our provision of the Products is no longer commercially viable, (iv) you are in breach of payment terms in relation to your licence fee, (v) the term of your licence has expired, or (vi) you are in breach of any of the applicable policies. In such a termination event, the licence granted hereunder shall automatically terminate. In all such cases, the Terms shall terminate, including, without limitation, your licence to use the Products, except that the following Sections shall continue to apply: 2, 3, 5, 6, 9, 10, and 11.

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

Where a user has been a member of an education institution, whether an account owner, teacher or student member; and where the user is no longer a member of that education organization 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.


7. 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.

A. The Products are Available “AS-IS”
Your access to and use of the Products and/or any Content is at your own risk. You understand and agree that the Products and/or 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 DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. No advice or information, whether oral or written, obtained from any of the Codio Entities or through the Products, will create any warranty not expressly made herein.

B. Links
The Products 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.

C. Limitation 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 PRODUCTS AND/OR CONTENT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON,THROUGH, OR ASSOCIATED WITH THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PRODUCTS; 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 PRODUCTS 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.


8. General terms

A. Waiver and Severability

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

These Terms, our Privacy Policy and the Service Level Agreement and the terms of any written agreement you or your institution have entered into with Codio are the entire and exclusive agreement between Codio and you regarding the Products and/or the Content, and such policies and agreements supersede and replace any prior policies and agreements between Codio and you regarding the Products 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.
Notwithstanding the foregoing, nothing in these Terms, our Privacy Policy or the Service Level Agreement supersedes or limits your rights under (1) the terms and conditions of any written agreement you or your institution has entered into with Codio regarding the use of the Products and/or the Content, or (2) applicable laws or regulations to the extent these Terms are prohibited by such laws or regulations. In the event of any conflict between these Terms, our Privacy Policy or the Service Level Agreement and the terms and conditions of an applicable written agreement you your institution has entered into with Codio, the terms and conditions of the written agreement shall prevail.

These terms are governed by English law and the jurisdiction of the Courts of England and Wales.

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

These Products are operated and provided by Codio, whose registered office address is:
51 Queens Road, London, United Kingdom, SW19 8NP, UNITED KINGDOM
If you have any questions about these Terms, please email: support@codio.com.

Effective: September 12th, 2017

Last Updated 5th June 2017

1. Web Site Covered.

This Privacy Statement covers the information practices of https://codio.com (the “Web site”). For privacy relating to use of the Codio products, see our Terms

2. Information Collected

Codio (the “Company”) offers a variety of services that are collectively referred to as the “Products”. Codio collects information from individuals, companies, universities, schools, institutions and other legal entities who visit the Company’s Web site (“Visitors”) and from individuals, companies, schools, institutions and other legal entities who register to use the Products for themselves and for their underlying users (“Customers”).
When expressing an interest in obtaining additional information about the Products or registering to use the Products, Codio may require you to provide the Company with personal contact information, such as name, company name, address, phone number, and email address (“Required Contact Information”). When purchasing the Products, Codio requires 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 Products (“Billing Information”). Codio may also ask you to provide additional information, such as company annual revenues, number of employees, or industry (“Optional Information”). Required Contact Information, Billing Information, and Optional Information are referred to collectively as “Data About Codio Customers.”
As you navigate the Company’s Web 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 Company’s Web site (such as the Web pages viewed and the links clicked).

3. Use of Information Collected

3.1 Users in Education Institutions

Codio does not use student data for marketing purposes whilst a student is a member of an education institution that holds an institution license to use the Codio Products.
Codio will only communicate with student users where their use of Codio is associated with a valid education institution license, and only in the following instances:

    1. where a student user makes use of “contact us” in the product; if the content of a student-initiated communication using “contact us” relates to operational use of the Codio product, Codio customer support will respond; in all other instances, Codio will refer the student user to the organization owner or faculty member or teacher leading the relevant class;

    1. where a student is a member of a “self-pay” education institution organization, and the student raises a billing enquiry, Codio customer support will respond directly to the student user;

    1. where a student ceases to be a member of an education institution organization 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;

  1. where important changes are released into the Product, we will communicate these changes to all users including students, at a minimum via a notification inside the Product and potentially also by email.


All Other Users

 

The Company uses data about Codio Customers to provide the Products requested. For example, if you fill out a “Contact Me” Web form, the Company will use the information provided to contact you about your interest in the Products.
The Company may also use data about Codio Customers for marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in the Products and to send you information regarding the Company and its partners, such as information about promotions or events.
Codio uses credit card information solely to check the financial qualifications of prospective customers and to collect payment for the Products. Codio does not store any credit card information whatsoever and any such information collected is passed securely to our payment provider (Braintree) for processing.
Codio uses Web Site Navigational Information to operate and improve the Company’s Web site. The Company may also use Web Site Navigational Information alone or in combination with data about Codio customers to provide personalized information about the Company.

4. Web Site Navigational Information

Codio uses commonly used information-gathering tools, such as cookies and Web beacons, to collect information as you navigate the Company’s Web site (“Web Site Navigational Information”). This section describes the types of Web Site Navigational Information that may be collected on the Company’s Web site and how this information may be used.

4.1 Cookies - Codio uses cookies to make interactions with the Company’s Web site easy and meaningful. When you visit the Company’s Web 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 Products, 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 Products and to process your online transactions and requests. Session cookies are required to use the Products.
Codio uses persistent cookies that only we can read and use to identify browsers that have previously visited the Web site. When you purchase the Products 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 Web site, but you will not be able to successfully use the Products.
Codio may use information from session and persistent cookies in combination with Data About Codio customers to provide you with information about Codio and the Products – subject to certain exclusions including those set out in 3.1 above relating to student data.

4.2 Web Beacons - Codio uses web beacons alone or in conjunction with cookies to compile information about Customers and Visitors’ usage of our Web 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 Web site. Codio uses Web beacons to operate and improve our Web site and email communications.
Codio may use information from Web beacons in combination with data about Codio customers to provide you with information about Codio and the Products, again subject to certain exclusions relating to student data as set out in 3.1 above.

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 Web 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 Customers and Visitors navigate the Company’s Web 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 Web 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 Web 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 about products and Products 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.

5. Public Forums, Refer a Friend, and Customer Testimonials

Codio may provide bulletin boards, blogs, or chat rooms on the Company’s Web 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 – subject to certain exclusions as set out in 3.1 above. Codio is not responsible for the personal information you choose to submit in these forums. Codio may post a list of Customers and provide customer testimonials or customer case studies on the Company’s Web 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.

6. Sharing of Information Collected

Codio may share Data About Codio Customers with the Company’s service providers so that these service providers can contact Customers and Visitors who have provided contact information on our behalf. Codio may also share Data About Codio Customers with the Company’s service providers to ensure the quality of information provided. Unless described in this Privacy Statement, Codio does not share, sell, rent, or trade any information provided with third parties for their promotional purposes. Sharing of information collected is also subject to exclusions relating to student data as set out in 3.1 above.
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 reserves the right to use or disclose all or any information provided directly or indirectly by a Customer or a Visitor 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

7. International Transfer of Information Collected

To facilitate Codio global operations, the Company may transfer and access Data About Codio Customers from around the world, including the United States and the United Kingdom. This Privacy Statement shall apply even if Codio transfers Data About Codio Customers to other countries.

8. Communications Preferences

Codio offers Customers and Visitors 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 Products. However, Codio will only communicate with student users in specific instances, as set out in 3.1 above.

9. Correcting and Updating Your Information

Customers may update or change their registration 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.

10. Security

Codio uses adequate administrative, technical, and physical security measures to protect Data About Codio Customers. For further information please request a copy of Codio’s security statement.

11. Changes to this Privacy Statement

Codio reserves the right to change this Privacy Statement. Codio will provide notification of the material changes to this Privacy Statement through the Company’s web site at least seven (7) business days prior to the change taking effect.

12. Contacting Us

Questions regarding this Privacy Statement or the information practices of the Company’s Web site should be directed to support@codio.com or by mailing:

Codio c/o Codio Ltd.
51 Queens Road,
London,
SW19 8NP

Effective 20th July 2017

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 effected. 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.

Your licence to use the Products and/or Content

Codio gives you a personal, worldwide, non-assignable, non-sublicensable, non-transferable and non-exclusive licence 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 licence 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, licence or sub- licence 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.

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.

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.

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:

  1. the words “SLA Credit Request” in the subject line;
  2. the dates and times of each Unavailability incident that you are claiming; and
  3. 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.

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