Terms and Conditions
By accessing or registering on the Nearpod website, or by downloading any of the Nearpod mobile applications (collectively, “Nearpod Materials”), you agree to become bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions, then you may not access the Nearpod website or use any of our products or service.
IMPORTANT NOTE: Nearpod is intended for use by teachers and by educational institutions, public or private.
If you are interested in using Nearpod for commercial or corporate purposes, we’ll be happy to discuss your options, but first you should contact us at email@example.com. Commercial, corporate or other misuse of Nearpod may result in the cancellation of the account.
We provide our services to teachers, and Nearpod is available in the US to individuals aged 13 years or older.
Outside the US, if you are under the age of majority in your country of residence, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. We will notify you of any updates by posting on Nearpod and notifying you by email using the email address on your account.
Nearpod and the Nearpod Materials comply with applicable law, including the Family Educational Rights and Privacy Act (FERPA) and Children's Online Privacy Protection Act (COPPA). We do not intentionally collect any personally identifiable information from users under the age of 13. If you are a parent or guardian or teacher and believe that your child or student has provided Nearpod with personally identifiable information, please notify firstname.lastname@example.org so that we can immediately delete the information from our servers.
Terms of Service
1. In order to access the Nearpod Materials, you may be required to provide certain information (such as name, e-mail, etc.). You agree that any information you provide will always be accurate.
2. The Nearpod Materials may contain material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction of such material outside the Nearpod Materials is prohibited.
3. Nearpod owns all legal right, title, and interest in and to the Nearpod Materials, including any intellectual property rights, whether those rights are registered or not, and wherever in the world those rights may exist. Attempting to copy, duplicate, reproduce, sell, trade, or resell the Nearpod Materials is strictly prohibited without our prior written agreement. Unauthorized use of the Nearpod Materials may give rise to a claim for damages and be a criminal offense.
4. By using the Nearpod Materials, you may provide contents and any other materials, information, ideas, concepts, and know-how (“Content”). Under no circumstances will Nearpod become liable for any payment to you for any information that you provide. You, and not Nearpod, are solely responsible for any Content you make available through your use of the Nearpod Materials. Nearpod does not control the Content hosted via the service, nor does it guarantee the accuracy, integrity or quality of such Content. Users shall retain all rights, including intellectual property rights, for user-generated Content that they create with their Nearpod account, unless they enter a publishing agreement with Nearpod.
We are not responsible or liable in any way for any Content provided by others. However, we reserve the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen and remove Content at any time if such Content is found to be in violation of this Agreement or is otherwise objectionable.
Copyright Claims (Digital Millennium Copyright Act)
Nearpod respects the intellectual property rights of others, and requires that the people who use the Sites do the same. It is our policy to respond promptly to claims of intellectual property misuse. Our procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office web site https://www.copyright.gov/legislation/dmca.pdf. Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any material misrepresentations when making or countering a copyright infringement claim.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
a. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
b. 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 Nearpod to locate the material (e.g., URL).
c. Information reasonably sufficient to permit Nearpod to contact you, such as name, postal address, telephone number, and, if available, an email address at which you may be contacted.
d. Include the following statement: “I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
e. Include the following statement: “The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
f. A physical, electronic or digital signature, in a form reasonably acceptable to Nearpod, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. Send written communication to the following contact:
18305 Biscayne Blvd.
Aventura, Florida 33160
h. Send electronically-signed communication to email@example.com.
DMCA Counter-Notification Procedure: After receiving a notification of alleged infringement, Nearpod will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, Nearpod will provide the provider of affected material with a copy of the notice. The provider of affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, the provider of affected material must provide a written communication (by postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below. To expedite our ability to process your counter notification, please use the following format (including section numbers):
a. Identify the material that Nearpod has removed or to which Nearpod has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
b. Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in Miami, Florida (if your address is outside of the United States, for any judicial district in which Nearpod may be found), and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
c. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
d. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to Nearpod.
e. Send written communication to the following address:
18305 Biscayne Blvd.
Aventura, Florida 33160
f. Send electronically- or digitally-signed communication to firstname.lastname@example.org. Upon receipt of a counter notification in substantial compliance with the DMCA, Nearpod will provide the person who provided the initial notification of claimed infringement with a copy of the counter notification promptly. After receipt of the counter notification, Nearpod will generally replace the removed material and cease disabling access to it, unless Nearpod’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.
Nearpod is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, Nearpod expects you to resolve trademark disputes directly with the individual rather than utilizing Nearpod as an intermediary.
5. You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Nearpod Materials and you are responsible for all activities that occur under your account(s). You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you. If you become aware of any unauthorized use of your password or of your account, you agree to notify Nearpod immediately at email@example.com
7. We may provide various open communication tools on the Nearpod Materials, such as blog comments, blog posts, chat forums, message boards, and the like. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: (i). is illegal, threatening, defamatory, harassing, degrading, intimidating, fraudulent, racist, and pornographic or contains any type of inappropriate or explicit language; (ii). infringes any trademark, copyright, trade secret, or other proprietary right of any party; or (iii). attempts any type of unauthorized advertising.
9. We may, at our sole discretion, suspend or terminate your access to all or part of the Nearpod Materials with or without notice and for any reason, including, without limitation, breach of this Agreement.
The Nearpod account owner is the owner of any data, including student Content, submitted through the Nearpod Materials. Nearpod retains a perpetual, irrevocable, worldwide, sublicensable and transferable right to use, publish, display, modify and copy anonymized Content. For the avoidance of doubt, such anonymized Content shall not include any personally identifiable information.
Pricing Terms and Conditions
In case you decide to upgrade to a Nearpod paid account and to provide Nearpod with your payment account information, you hereby agree to the following payment terms and conditions:
Nearpod offers you the option of upgrading your account to increase your storage and enjoy additional features for a fee. If you choose to upgrade, your account will be converted to a Paid Account and will not be subject to some of the restrictions placed on Free Accounts as described at https://nearpod.com/pricing.
Nearpod accepts credit cards and will automatically charge your credit card before upgrading your account. If your Nearpod balance is not paid within seven (7) days after Nearpod provides you with notification that your account is in arrears, Nearpod reserves the right to use our discretion to delete some or all of your files so as to reduce your storage space and to convert your Nearpod Paid Account back to a Free Account.
The fees for your Paid Account will be billed from the date you convert to a Paid Account and on each renewal thereafter unless and until you cancel your account. Nearpod will automatically bill your credit card on the calendar day corresponding to the commencement of your Paid Account. All fees and charges are pre-paid and nonrefundable, and there are no refunds or credits for partially used periods. If payment is not received from the credit card issuer, you agree to pay all amounts due upon demand. You must provide current, complete and accurate billing and credit card information, and you agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which you shall be responsible to pay.
Cancelling Your Account
You may cancel your Nearpod Paid Account at anytime, and cancellation will be effective immediately. Your Nearpod Paid Account will continue in effect unless and until you cancel your Paid Account or we terminate it. You must cancel your Paid Account before it renews in order to avoid billing of the next period’s fees to your credit card. Should you elect to cancel your Paid Account, please note that you will not be issued a refund for any previous payments.
Disclaimer of Warranties
The Nearpod Materials are provided “as is.” Nearpod hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Nearpod does not make any warranty that the Nearpod Materials will be error-free or that access thereto will be continuous or uninterrupted.
You understand that you use the Nearpod Materials at your own discretion and risk. You are solely responsible for any damage to your computer or other devices and for any loss of data that may result from the download of such content. We do not provide any warranty or guarantee as to the accuracy, performance, completeness, or suitability of the information and materials found or offered on the Nearpod Materials. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Nearpod does not guarantee or warrant that any content you may store or access through the Nearpod service will not be subject to inadvertent damage, loss or removal.
It is your responsibility to maintain appropriate alternate backup of your information and data.
Limitation of Liability
In no event will Nearpod be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Nearpod.
General Representation and Warranty
You agree to indemnify and hold harmless Nearpod, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Nearpod Materials, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Nearpod and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Nearpod, or by the posting by Nearpod of a revised version. Except to the extent that applicable law, if any, provides otherwise, this Agreement and any access to or use of the Nearpod Materials will be governed by the laws of the state of Florida, U.S.A.
18305 Biscayne Blvd.
Aventura, Florida 33160
Effective Date: November 12, 2016