Terms of Service

The following Edynco Terms of Service is a legal contract between you and Edynco regarding your use of the Edynco web site located at www.edynco.com and its web service generally located at app.edynco.com.

You must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of Edynco web site or web service. There are two general types of users, registered users that have registered with Edynco web service ("Registered Users"), and visitors of the Site ("Visitors"). You must be 13 years of age or older to be a User of Edynco. By continuing to use the web site or service, you are warranting that you are at least 13 years old and you have the authority to enter into these Terms of Service. If you do not agree with these Terms of Service, immediately stop using the web site or service.

1. Modifications

We reserve the right, at any time, to modify the web site, service and/or the terms of this Agreement without prior notice. Modifications will become effective immediately upon being posted on the web site. Your continued use of the web site and service after modifications are posted constitutes your binding acceptance of such changes.

2. Description of Services

The Edynco web site and service is owned and operated by EDLAB d.o.o., a Slovenian Corporation with a place of business at Cesta na Brdo 85, 1000 Ljubljana, Slovenia, Europe. The Edynco web service provides Registered Users - Educators with the ability to create online contents and share them with others others including their students or other learners. You acknowledge that you are solely responsible for your student’s actions while using the service and agree to indemnify and defend us from any claims, demands or lawsuits of any kind arising from your students.

The Edynco web service consists of the following elements:

  • online tool for presenting learning contents in a form of a Learning Map;
  • storage space, where registered user can upload and store its proprietary learning content;
  • online authoring tools for creating learning contents (Micro lecture editor, Quiz creator);
  • online tool for creating private groups for sharing Learning Maps and other contents with students including robust analytics and report system;
  • online help tools and materials, as well as certain additional technical support services, by email.

You understand and agree that although we will use reasonable efforts to ensure the web site and service is available to its Users, temporary interruptions of the web site and service may occur. The service is provided "AS IS" and Edynco is not liable to you for any temporary interruption in services.

3. Registration Data, Passwords, and Privacy

By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate.

During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times. You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify Edynco immediately if you learn of an unauthorized use of your password.

All information we obtain about you in connection with your use of Edynco web site or service is subject to our Privacy Policy, which are available on the web site.

4. Subscriptions

4.1. Forever Free:

You can create up to 3 Learning maps, 3 Micro lectures, 3 Quizzes and 1 Group with 30 student seats where you can privately share your Learning Maps or other materials. If you want to upload documents / files from your local computer, you can upload them into your Edynco storage which has limit of 100 MB.

You can share your Learning maps by an unique URL address or embed code freely.

All Learning maps you create may appear in Edynco Gallery and will be available to anyone who has internet access.

Accordingly, you hereby do and shall grant to a personal, non-commercial, non-exclusive license to access, view, distribute and publicly use your Learning Maps to anyone.

4.2. The Unlimited plan:

If you choose a paid subscription which is called “The Unlimited”, you can create unlimited number of Learning maps, Micro lectures, Quizzes and form unlimited Groups with unlimited student seats. You can also export your Learning maps, Micro lectures, Quizzes to your LMS and get 1 GB of cloud storage.

4.3. Expiration of subscription:

You and your students will have full access to Edynco until expiration of your paid subscription. After that  your students will no longer be able to use your Learning maps or enter your private Groups.

You will still have access to your Edynco account, but only editing of your existing Learning maps, Micro lectures, Quizzes or Groups and no sharing them with your students is possible. However, Learning maps, Micro lectures, Quizzes or Groups which have been created inside the Forever Free plan will remain accessible to your students.

4.4. Cancellation of subscription:

The cancellation of subscription may occur in two cases:

  • If you cancel your subscription at any time during the billing period inside your Edynco user account, your subscription will remain active until the end of the billing period.
  • If you choose to auto-renew the subscription at the end of the billing period, you can cancel your reoccurring payment option at any time inside your Edynco user account. Cancelling the reoccurring payment also means that you cancel your subscription. Your subscription will remain active until its next renewal date.

In both cases:

  • Payment for subscriptions is non-refundable.

If the duration of the billing period is 30 days, then the minimum time of service is 30 days (In case of monthly paid subscription).

If the duration of the billing period is 365 days, then the minimum time of service is 365 days (In case of yearly paid subscription).

4.5. Method of payment:

Payments will be charged whole at one point on a pre-pay basis on the day you purchase a subscription plan through your Edynco user account and will cover the use of the service for a monthly or annual billing period as indicated.

If you choose to auto-renew the subscription at the end of billing period,  your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

4.6. Modification of fees:

We can change the pricing plans at any time if we give you thirty (30) days notice by any means, including by email. Subscriber may discontinue use of the service in the event such prices are not acceptable.

4.7. Disputes. No refunds:

You agree to submit any disputes regarding any charge to your account in writing to Edynco within thirty (30) days of such charge, otherwise such dispute will be waived. All paid subscription plans are nonrefundable. However, we will not provide any part-year refund in case of cancellation or termination the service.

5. Conduct on Site

You agree to obey all applicable rules and regulations in using the service, and agree that you are responsible for the contents of your submissions or communications through the service, including Image, Video, Audio and other various file formats (collectively, here and after - "Submissions").

You agree that you will not upload, share, or otherwise distribute any Submissions-- including text, graphics, images, sounds, data, music, or other information — that:

  • are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
  • contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
  • victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  • contains measures that could be used to determine the architecture of the web site, or could be used to decompile, disassemble, or reverse engineer the web site; or
  • are to be used for a commercial purpose of any kind.

We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

If you would like to notify us of content which you believe does not comply with these Terms of Service, please fill out our contact form. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying video or content, and the reasons you believe it does not comply. You understand that in using this web site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Edynco arising from your exposure to such materials.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

6. Linking Conditions

You may not link to Edynco web site or service unless you comply with these linking conditions.

You may share your Learning Maps or private groups by a unique URL address or embed code. Learning Maps can also be exported from the service to your local computer.

Your right to link to the Edynco web site or service is expressly conditioned upon your compliance with the following restrictions:

  • The link must either resolve to the homepage, " www.edynco.com," or to the link associated with a Learning Map or private group. The link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Edynco or any other third party.
  • The link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Edynco.
  • The link and surrounding materials must not portray Edynco web site or service in a false, misleading, derogatory, defamatory or otherwise offensive manner.

7. Third Party Sites and Information

Our web site or service may include links to other sites on the Internet that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is undertaken at your own risk, and is subject to the terms of use and privacy policies of each site. We include third party links or references merely as a convenience to our Users, and we do not endorse nor assume any liability for the third party web sites, services, or products.

8. Intellectual Property

Edynco is the owner and retains all proprietary rights to the web site and service and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the web site and service only as specifically authorized by us.

Edynco trademarks and service marks may not be used in connection with any product or service that is not provided by Edynco, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Edynco.

Edynco deeply respects the third party intellectual property rights that may be implicated in creating Learning Maps or private groups. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.

In creating Learning Maps or private groups using Edynco, you will be able to use your own Submissions. You retain any and all rights you hold with respect to the Submissions.

Submissions may be protected by copyright, even if not marked with the © symbol. If you are not the creator of the Submissions, then you must get permission from the creator or the copyright holder to use the Submission. For example, professionally-taken photographs should not be used in Edynco content unless you have received permission from the photographer to do so.

Furthermore, if you want to use Image or Video content of someone other than yourself, you must get permission from the individuals portrayed in the Image or Video content before using the content in Edynco. Do not upload any Submission that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to the service.

Musical Content that is not an original creation by you is also protectable under copyright laws. Copying music without purchasing or obtaining the rights to the music is against the law. Prior to uploading your own Musical Content, you must be sure that you have the permission to use such Musical Content in Edynco. You may want to search for Video content, Musical content or Image content through the Creative Commons. You warrant that all Video content , Image content and Musical content uploaded by you, either from your own computer or another web site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Video, Image and/or Musical Content as contemplated by the service and grant Edynco the rights described herein.

You hereby grant to Edynco a royalty-free, perpetual license to use, copy, create, modify, display and host your Edynco content provided as Submissions solely to the extent necessary for Edynco to provide the service as described herein.

All trademarks and/or service marks displayed on the service are the exclusive property of their respective owners, and may not be used without the owner's permission.

Please notify us if you believe any of your intellectual property rights have been infringed by a User of the service. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), Edynco designates the following individual as its agent for receipt of notifications of claimed infringement:

 

By Mail: 
Matjaž Jan, Attorney at Law 
Odvetniška Družba Ilić Dalmatinova 11 
SI-1000 Ljubljana 
SLOVENIA

By e-mail: matjaz.jan(at)odi.si

To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) 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 the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability.

9. Repeat Infringers

Your account will be terminated if, at Edynco sole discretion, you are determined to be a repeat infringer. Repeat infringers are Users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

10. Disclaimer of Warranties

ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEB SITES TO WHICH THE WEB SITE AND SERVICE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE USE OF THE SERVICE, THE UPLOADING OF SUBMISSIONS, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THE SERVICE OR THROUGH THIRD PARTIES' WEB SITES TO WHICH THE SERVICE IS LINKED, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

EXCEPT AS SET FORTH IN THE PARAGRAPH ENTITLED "WARRANTY CLAIMS" HEREUNDER, YOUR EXCLUSIVE REMEDY AND EDYNCO ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE AND SERVICE SHALL BE LIMITED TO THE AMOUNT YOU PAID EDYNCO, IF ANY, FOR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.

IN NO EVENT SHALL EDYNCO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEB SITES LINKED TO FROM THIS SITE.

YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR SUBMISSIONS AND CONTENT YOU’VE CREATED IN EDYNCO. EDYNCO SHALL NOT BE LIABLE FOR ANY SUBMISSIONS OR CONTENT YOU’VE CREATED IN EDYNCO

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify and hold Edynco, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the site, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, or (d) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Edynco reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Edynco in asserting any available defenses.

13. Use of Service and Storage of Material

Upon registering with Edynco, you will be assigned one (1) user account. You are limited to one account per person. Edynco limits the maximum amount of disk space per account for storing Edynco content.

You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the service. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use.

Do not rely upon this service as a primary storage space for User content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.

We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Service for updates.

14. International Use

Although this service may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the Europe, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site or service from outside the Europe do so on their own initiative and are responsible for compliance with local laws. In addition, this Site and service provided under this agreement may be subject to European Union export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required.

15. Termination of Use

We may terminate or suspend your use of service at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Referral Program, Governing Law, Miscellaneous.

16. Governing Law

The laws of the republic of Slovenia, Europe, will apply to all matters relating to these Terms of Service, the use of this web site and service provided through this web site, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the Slovenia Court.

17. Notices

All notices to a User or to Edynco shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info(at)edynco.com, if by email, or at EDLAB d.o.o., Cesta na Brdo 85, 1000 Ljubljana, Slovenia, Europe, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by Slovenia mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by Edynco.

18. Miscellaneous

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

You agree that this Agreement may be assigned by Edynco, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

This Agreement, together with the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.

Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.