LAST UPDATE: AUGUST 1, 2023

End User Notice and Acceptable Use Policy

This document sets forth the End User Notices and Acceptable Use Policy (the “Acceptable Use Policy“) referenced in Schoox’s General Terms of Service available at www.schoox.com (the “Terms“), which are included in the Service Agreement between Schoox and the customer identified on the applicable Order (the “Customer“). This Acceptable Use Policy is incorporated with and into such Service Agreement. In the event of a conflict with this Acceptable Use Policy, the Terms will control with respect to matters within its scope. Capitalized terms used but not otherwise defined in this SLA have the meanings assigned to such terms in the Terms.

1. Scope.

a. Applicability to Customer. Any access to and use of the Service by or on behalf of the Customer, or otherwise authorized by the Customer, is subject to this Acceptable Use Policy. Customer is responsible for any violation of this Acceptable Use Policy by its Authorized Users.

b. Applicability to End Users. As used in this Acceptable Use Policy, the term “End User” means any individual accessing the Schoox Learning Platform or Licensed Content, as applicable (the “Services“), whether pursuant to the Service Agreement, a free trial, a course registration or otherwise. This Acceptable Use Policy applies to each End User’s access to and use of the Services. Even though an End User is not a party to the Service Agreement, by accessing the Services, such End User consents to and agrees to comply with the terms of this Acceptable Use Policy.

If you do not agree with the terms of this Acceptable Use Policy, you cannot use the Services.

2. End User Notice.

a. Definition of Personal Information. As used in this Acceptable Use Policy, “Personal Information” means information about an identifiable individual that is transferred to Schoox by an End User or Customer or Customer’s permitted agent under the Service Agreement.

b. Acknowledgement of and Consent to Data Processing. While providing the Services, Schoox may collect, store, process and transmit Personal Information of End Users in accordance with Schoox’s Privacy Policy available at www.schoox.com (the “Privacy Policy“). The primary purpose of the Services is not to host, process or store Personal Information of End Users, and Schoox does not actively access, monitor, process or amend such Personal Information except to the extent requested by Customer in connection with Schoox’s performance of the Services or as an incidental part of the automated processing performed by the Services. To the extent Customer or an End User uploads Personal Information to the Services, End User hereby consents to Schoox’s collection, storage, processing and transmission of such End User’s Personal Information for the purposes of providing Services to Customer in accordance with the Terms and the Privacy Policy.

3. Prohibited Material.

Neither Customer nor any End User may use the Services (or permit anyone else to use the Services) to display, store, process, transmit or distribute any of the following:

a. Material that infringes, misappropriates, or violates a third party’s Intellectual Property Rights;

b. Hate-related or violent material, material advocating discrimination against individuals or groups, and/or obscene or excessively profane material;

c. Malicious code, such as viruses, worms, spiders, time bombs, Trojan horses and other harmful or malicious files, scripts, agents or programs that are designed to distort, delete, damage or disassemble the technology underlying the Services or any data maintained in the Services;

d. Sensitive Personal Information (as defined in the Terms), including social security or national identification numbers, driver’s license or passport numbers, financial account numbers, genetic or biometric data, health-related or insurance information, or information relating to an individual’s biological sex, gender identification, race, ethnicity, religious affiliation, citizenship status, or similar personal information; or

e. Material that violates, encourages or furthers conduct that would violate any applicable laws, including any criminal laws, or any third-party rights, including publicity or privacy rights.

4. Prohibited Conduct.

Neither Customer nor an End User may do any of the following (or permit anyone else to do any of the following):

a. Use the Services for any purpose other than in accordance with the Service Agreement;

b. Access (or attempt to access) the Services by any means other than through a valid User ID;

c. License, sublicense, sell, resell, lease, transfer, assign (except as permitted by the General Terms), distribute, time share or otherwise make the Services (or any component thereof) available to any third party except Authorized Users;

d. Alter, modify, copy or adapt any component of the Services, including, without limitation, translating, decompiling, reverse engineering, disassembling or creating derivative works based on the Services, except to the extent expressly permitted in writing by Schoox;

e. Circumvent any limits on Entitlements or other restrictions that are built into the Services;

f. Cause interference with Schoox’s network operations, attempt to bypass Schoox’s network or security controls, or otherwise re-arrange, disconnect, disable, remove, repair or interfere with other users’ use of the Services;

g. Use the Services to generate or facilitate unsolicited commercial communications (spam);

h. Imitate or impersonate another person or create false accounts in the Services;

i. Use the Services to data mine or harvest any web property to find external contact or other user account information;

j. Use the Services to sell, exchange with, share with or distribute to a third-party any personal information without legal authority to do so;

k. Violate commercially acceptable standards, third party policies or other requirements communicated by Schoox while using the Services;

l. Access (including through any Interface) any product, service or website provided by Schoox or its partners and/or licensors in a manner that violates the terms of use of or access to such product, service or website;

m. Remove any copyright, trademark or other proprietary rights notice contained in or on the Services or reformat or frame any portion of the Services that are party of the Services’ display;

n. Access the Services for purpose of monitoring availability, performance or functionality of the Services, or for any other benchmarking purposes, except with the express written consent of Schoox;

o. Access the Services if you are a competitor of Schoox or for the purpose of building a similar or competitive solution or service;

p. Use or permit the use of any security testing tools in order to probe, scan, or attempt to penetrate or ascertain the security of the Services, except with express written consent from Schoox.

5. Violations.

A violation of this Acceptable Use Policy is deemed a breach of the Service Agreement and may trigger the termination and suspension provisions of the Service Agreement. In addition, Schoox reserves the right to pursue any remedy available under applicable law to enforce this Acceptable Use Policy and to recover any damages caused by a breach of the foregoing restrictions by Customer or any End User.

6. Policy Updates.

Schoox may update this Acceptable Use Policy from time to time in its sole discretion by posting the updated Acceptable Use Policy to Schoox’s website at www.schoox.com. Updates to this Acceptable Use Policy posted during a Service Term of an Order will not modify the version of the Acceptable Use Policy applicable during the remainder of such Service Term. Upon renewal of such Service Term, the current version of this Acceptable Use Policy as of the renewal date will become effective with respect to the Services from and after such date.

[End of Acceptable Use Policy]