Terms and conditions

Welcome to LessonUp! These are the general terms and conditions (the “Conditions”) of LessonUp B.V. (“Provider”). The Provider offers a platform and Services under the name LessonUp (“LessonUp”). LessonUp helps in creating or arranging digital and interactive lessons that can be given directly on a centralised screen in the classroom and can be saved and shared in LessonUp's online environment. In addition, these General Terms and Conditions apply to all collaborations that the Provider enters into with Content Partners. For more information, refer to the website: www.lessonup.com (the “Website”). LessonUp is available through the Website and mobile applications (Sidekick for LessonUp, LessonUp and Step-by-Step) as well as LessonUp's web application (the “App”).

Excluding any conditions or stipulations of third parties or any other party, these Conditions apply to all offers, agreements and other dealings between the Provider and LessonUp's Users/End Users. The Provider offers LessonUp and its Services to the User/End User on the condition that they accept these Conditions. The Provider may change these Conditions. The latest version of the Conditions will always be applicable between the Provider and the User/End User.

2. Offers and quotations

2.1 Any offers and quotations from the Provider are without obligation, unless agreed to otherwise in writing. No rights can be derived from an offer or quotation for a future Agreement.

2.2 An offer or quotation is based on a specific request from the User and only applies to the specific underlying request. On preparation of the quotation, the Provider may assume that the data provided by the User is correct and complete.

2.3 All images, specifications and details in offers and quotations are indicative and cannot be a reason for compensation of damages or termination of the Agreement.

4. Account

4.1 User access to LessonUp is effectuated by means of authorisation via an Account and (the purchase of) a LessonUp subscription or attribution of Content Partner status. End User access to LessonUp is effectuated only by means of authorisation via an Account. To create an Account, the User/End User must, in any case, provide their name or nickname and email address and a password. This information is used as part of the authentication process. Failure to provide the relevant information may result in a restricted usage of LessonUp. Users/End Users are responsible for all actions and legal acts, including use and/or misuse of them, carried out with or through the Account.

4.2 LessonUp reserves the right to refuse an Account application or to cancel the Account after registration, for example in the event that the User/End User does not comply with the obligations referred to in clause 6 of the Conditions.

4.3 The Account is linked to a password. This password is strictly personal and confidential. The Provider accepts no liability for password abuse. If the End User suspects that a third party uses this password without authorisation, the User/End User must immediately contact the Provider at support@lessonup.com. The User/End User is fully responsible and liable at all times for anything that happens through their own Account.

4.4 The End User is required to enter correct data when creating the Account. The End-user is obliged to notify the Provider without delay of any changes to such data.

4.5 The End User is further not allowed to request or manage another Account after the Provider has refused an Account or an End User Account has been cancelled.

4.6 The User/End User may have their Account cancelled if they no longer want to use LessonUp. The User/End User must notify this to the Provider by email by providing the relevant login details.

4.7 If the Provider suspects that the personal data is invalid, or if the Provider has reason to believe that an Account or its use is not in accordance with these Conditions and/or relevant legislation, the Provider may suspend, terminate or otherwise restrict the use of LessonUp and/or the Account by the User/End User.

4.8 LessonUp's security is committed to preventing third parties from accessing the User's/End User's Account. The User/End User indemnifies the Provider against all claims from third parties should this occur through the action or failure to act by the User/End User (e.g. due to careless use of the login details). The Account can be cancelled at any time by sending an email to support@lessonup.com and/or deleting the Account via the account settings that are available via the App/Website.

6. User/End User obligations

6.1 Users/End Users must assert themselves in conformity with what may be expected of responsible and careful internet users.

6.2 Users/End Users are not permitted to place Material or perform any actions that are in breach of the Conditions, statutory provisions, public order or common decency. Similarly, Users/End Users may not infringe or otherwise breach any intellectual property rights of the Provider, other Users/End Users or third parties.

6.3 The User/End User is not allowed to interfere with other Users and/or cause damage to the Provider's systems. The User/End User is prohibited from initiating any processes or programmes which the User/End User knows, or should reasonably know, that it interferes with or causes direct or indirect damage to the Provider or other users.

6.4 LessonUp is only intended for personal consultation via regular browser visits. It is not permitted to consult nor to allow consultation of Material in an automated manner, e.g. via scripts, spiders and/or bots. Any hyperlinks to LessonUp (from third-party sites) must lead Users directly to the Material. Also, in every circumstance, the origin and the original location of the Material must also be shown clearly. Therefore, taking over, inframing, republication, or any processing of or addition to the Material is not permitted, unless prior written permission has been obtained from the Provider. Similarly, it is also prohibited to circumvent or remove technical protections, or to make it possible for others to do so.

6.5 LessonUp contains Material that is owned by the Provider. This includes (but not exhaustively) the design, appearance and images of LessonUp. Reproduction of this Material by the User/End User outside of LessonUp, is not permitted.

6.6 The User/End User (and therefore also a Content Partner) is responsible for the contents of all the Material placed on LessonUp via his/her Account.

6.7 Moreover, among other things (but not exhaustively), the following actions/practices are not permitted in LessonUp:

• (a) Disseminating and/or disclosing expressions, messages, texts or names of a racist or otherwise offensive or abusive nature.
• (b) Sexual harassment of other Users.
• (c) Publishing or distributing any form of pornographic material.
• (d) Any form of publication or distribution of any kind of advertising whatsoever, as well as referring to advertising by way of linking or deep-linking.
• (e) Mutilating, modifying and/or damaging files, information and/or other Material of LessonUp.
• (f) Spamming.

The result of unauthorised actions as mentioned in this clause will, at the discretion of the Provider, immediately be corrected or deleted from LessonUp.

6.8 If the User acts in breach of this provision, the Provider reserves the right, at all times, to block and/or cancel the User's/End User's Account and to delete any information relating thereto.

6.9 The User indemnifies the Provider against all claims from third parties arising from any use of LessonUp and/or Material by the User that is in breach of this provision or the applicable law or is otherwise unlawful.

8. Fees

8.1 The Provider may choose to offer certain Services for a fee or subscription fee. The amount of the fee for LessonUp can be found in the rates published on the site.

8.2 The fee is set per year and includes VAT, unless specified otherwise. Provider reserves the right to increase the rates annually. The Provider will inform the User of this one month prior to the change, stating the date on which the relevant change will take effect. The User may terminate the Agreement if it does not agree with the price change with effect from the date on which the price change will take effect for the relevant user. Provider currently has a policy of making price changes effective for a User from the first day of an extended term of the subscription that User has (see Article 5) but reserves the right to determine another time. If the User enters into a new agreement, the most recent version of these Terms and Conditions and the most recent rates will always apply, unless otherwise indicated by the Provider. The foregoing applies without prejudice to any other termination authority that the user enjoys, for example under Article 5.3 of these Terms and Conditions.

8.3 Payment of invoices must be made within thirty (30) days of the invoice date. Payments must be made without any setoff, discount or suspension.

8.4 If the User does not pay the amounts due within the period referred to in paragraph 3 of this clause, the User will – after being given notice of default – be liable to pay the applicable statutory interest on such amount due, and the Provider will – subject to the other rights to which it is entitled – be entitled to suspend the execution of the Agreement. If, after notice of default, the User continues to remain in default of paying the amount due, in that event the User is additionally obliged to pay the full fee for extrajudicial costs and collection costs.

10. Force Majeure

10.1 The Provider is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure. Force majeure is understood to include shortcomings of third parties engaged by the Provider, as well as disruptions or failures in the power and/or telecommunications facilities.

10.2 If the situation of force majeure lasts for longer than sixty (60) days, the User/End User has the right to terminate his/her Account without the Provider being obliged to refund any paid fees, nor being obliged to remunerate any other costs or losses.

12. Confidentiality

12.1 The User is obliged to keep strict confidentiality of all information that it obtains in any manner whatsoever from the Provider with respect to commercial, strategic, technical data, know-how and/or other information related to LessonUp, and not to disclose anything about it and neither to give open access to third parties.

12.2 Derogations from the provisions of paragraph 1 of this clause may only be assumed if:

• i) the information was already in the possession of the receiving party before the date of disclosure by the issuing party;
• ii) it is available from a third party without this third party violating any confidentiality provision with respect to the issuing party by issuance to the receiving party;
• iii) it has been developed by the receiving party independently and without making use of the information from the issuing party;
• iv) it is derived from products that are freely available in the market without making any special effort, whereas the decompilation of software is at least considered as a “special effort”.

14. Other

Our website contains links or hyperlinks to the websites and services of partners, suppliers, advertisers, sponsors, licensors or other third parties with whom we collaborate or to whom we want to refer. We have no control over the contents or links that appear on these websites and we are not responsible for any practices of websites linked to or from our website. In addition, these websites and their contents and links can change constantly. These websites may have their own privacy policy, user terms and conditions, and client policy. Browsing and interaction on any other website, including websites linked to or from our website, are subject to the terms and policy of that website. The Provider is not responsible for the practice and policies of these websites, nor for the use of these websites by Users/End Users.

16. Applicable law and competent court

16.1 These Conditions and all Agreements between the Provider and the User/End User are exclusively governed by Dutch law.

16.2 Unless contrary to mandatory law, all disputes and claims arising out of or in connection with these Conditions and/or the Agreements must be submitted solely to the competent court in Amsterdam.

Attachment 1: Processor's Annex individual Users

Users who use the Services individually (and therefore not as an End User via a license from an educational institution), such as but not limited to individual Users via a Trial Subscription or Pro subscription or via a voucher from a Content Partner, agree to the Terms and Conditions also agree with the processing agreement of the Provider. The processing agreement can be consulted via the following link: Processing agreement LessonUp B.V. - part of the Covenant Digital Educational Resources and Privacy.

The Privacy Leaflet (Appendix 1 of the processing agreement) specifies the core of the processing of personal data by LessonUp as a processor. This Privacy Statement includes the following topics:  

• Purposes: In general, the Provider processes personal data on behalf of the User for the purpose of providing education, including the preparation, implementation, evaluation, and support of the education (process) and the supervision and monitoring of Education Participants. More specific (sub) purposes can be found in the Privacy Information Leaflet.
• Data subjects and personal data: These tables list the data subjects of which the Provider may process personal data (educational participant, parent/guardian/guardian and/or employee). For each category of data subject, it is stated which categories of personal data we can process, such as contact details, study progress and user data.
• Retention period: Specific retention periods are determined by the User, in the role of controller. As standard, the Provider applies a retention period of two (2) years after the school year in which the personal data was obtained, unless the processing agreement expires earlier, or the User requests a longer or shorter retention period.
• Storage location and sub-processors: The Provider uses sub-processors who carry out part of the processing operations, as stated in the Privacy Information Leaflet. This processing, including the storage of personal data, takes place within the EEA.

The Security Annex (Annex 2 to the processing agreement) describes the measures that have been taken to protect the personal data. These security measures are divided into the following categories:

• Measures to protect the Personal Data against accidental or unlawful destruction, alteration, storage, access or disclosure;
• Measures to secure the Personal Data and to ensure continuity of the resources, the network, the server and the application; and
• Agreements about informing about security incidents and/or Data breaches.

 For a complete overview of all agreements, we refer you to the full processing agreement under the link above.