Terms of Service
Thank you for your interest in using the online services operated by Desmos, Inc. ("Desmos"). These Terms of Service ("Terms") govern your use of Desmos’ online services (collectively, the "Services"), including the services which are offered through (i) our mobile applications, including our (a) Desmos Graphing Calculator application, which currently is available as an Android app and iOS app and (b) Desmos Test Mode application for iPads, (ii) our website located at Desmos.com, and (iii) third party providers of educational services, such as schools, school districts, or teachers (collectively referred to as "Schools") that use our services at teacher.desmos.com and student.desmos.com.
Click on the links below to jump to that subsection of these Terms.
- Our Services
- Eligibility and Authority
- Personal Information and Student Data
- Your Responsibilities
- Personal, Non-Commercial Use Only
- User Submissions and Generated Materials
- Special Terms for Schools
- Copyright Infringement
- Termination and Suspension
- Passwords and Security
- Third Party Services
- Disclaimer and Limitation of Liability
- Intellectual Property
- Modifications to Terms and Services
1. Our Services
2. Eligibility and Authority
If you are agreeing to these Terms on behalf of a school, school district, or other educational institution (collectively, a “School”) for the purpose of providing the Desmos Service to students through student.desmos.com (“Students”), you represent and warrant that you are an authorized representative of the School and you agree to these Terms on the School’s behalf.
The U.S. Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. If you are a School providing the Service to children under 13 (whether in the U.S. or elsewhere), you represent and warrant that you have received consent from Parents, or have the authority to provide consent on behalf of parents, for us to collect information from students before allowing children under 13 to access Desmos Services. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as Desmos.
3. Personal Information and Student Data
This Section 3 applies to a School’s use of the Desmos Service through student.desmos.com. If you are a School user, Student, or parent, you may also refer to the Student Data Privacy Statement.
When Desmos is used by a School for an educational purpose, Desmos may collect or have access to Student Data that is provided by the School or by the Student. “Student Data” is personal information that is directly related to an identifiable Student and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g).
Student Data Access. You authorize Desmos to access or collect Student Data for the purpose of providing the Service. In the U.S., Desmos shall collect and process Student Data as a School Official with a legitimate educational interest pursuant to FERPA 34 CFR Part 99.31(a)(1). As between the parties, the School or the Student owns and controls the Student Data. Desmos does not own or control, or license such Student Data, except as to provide the Service and as described in these Terms.
Personal Information and Student Data Consents and Authority. If you are School User, you represent and warrant that you have provided appropriate disclosures to your School and to parents regarding your sharing such Personal Information with Desmos. Both Parties agree to uphold their obligations under the Family Educational Rights and Privacy Act (“FERPA”), the Protection of Pupil Rights Amendment ("PPRA"), and the Children’s Online Privacy and Protection Act (“COPPA”) and applicable State laws relating to student data privacy. Desmos relies on each School to obtain and provide appropriate consent and disclosures, if necessary, for Desmos to collect any Student Data, including the collection of Student Data directly from students under 13, as permitted under COPPA. We recommend that you provide a copy of the Desmos Student Data Privacy Statement to Parents. You agree to comply with these Terms and all laws and regulations governing the protection of personal information, including children’s information, and the sharing of student education records.
Use of Student Data. By submitting or providing us access to Student Data, you agree that Desmos may use the Student Data solely for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School’s or the User’s consent. Desmos shall not use Student Data to engage in targeted advertising.
Use of Anonymized Student Data. You agree that we may collect and use data derived from Student Data for our own purposes, such as for product development, research analytics, and marketing our Service, provided that such data will be de-identified and/or aggregated to reasonably avoid identification of a specific individual.
Use of Personal Information for Marketing. You agree that Desmos may provide customized content, advertising, and commercial messaging to school or district administrative users and teachers from time to time, provided that such advertisements shall not be based on Student Data. For emphasis, and without limitation, Desmos shall never use Student Data to engage in targeted advertising, nor shall Desmos direct advertising to student users on student.desmos.com.
Third-Party Service Providers. You acknowledge and agree that Desmos may provide access to Student Data to our employees and service providers, which have a legitimate need to access such information in order to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such data.
Student Data Retention and Deletion Requests. Schools may request that we delete Student Data in our possession at any time by providing such a request in writing, except that Desmos shall not be required to delete content a Student shared to public areas of the Service. We shall respond to the deletion request as soon as possible, but in most instances within 45 days, other than for data stored on backup tapes which shall be deleted in the ordinary course of business. For inactive accounts, we delete or de-identify Student Data in our possession after a period of dormancy or at the request of a Parent. A Parent seeking to modify, correct, or delete personal information in a Student Account that is connected to an active School account will be instructed to contact the School to discuss data deletion or modification. We are not required to delete data that has been derived from Student Data so long as it has been anonymized such that it does not reasonably identify an individual. Similarly, we are not required to delete information which a Student or parent has saved or transferred to a personal account.
Data Breach Notification. We have implemented administrative, physical and technical safeguards designed to secure Personal Information, including Student Data, from unauthorized access, disclosure and use. In the event we have a reasonable, good faith belief that an unauthorized party has gained access to or been disclosed Student Data (a “Security Event”), that we have collected or received through the Service, we will promptly notify the School. If, due to a Security Event which is caused by the acts or omissions of Desmos or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the School shall be responsible for the timing, content, and method of any such legally-required notice and compliance with such laws and Desmos shall indemnify the School for costs related to legally-required notifications. With respect to any Security Event which is not caused by the acts or omissions of Desmos or its agents, Desmos shall reasonably cooperate with School’s investigation of the Security Event, as School requests, at School’s reasonable expense. Desmos shall be responsible for the timing, content, cost and method of notice and compliance with such laws as they relate to User accounts that are not associated with a School account.
4. Your Responsibilities
a. that you are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Desmos Services and for paying all charges related thereto; and
b. not to use the Desmos Services to:
i. violate any third party rights or any local, state, national, or international law or regulation;
ii. transmit or create any materials that are abusive, harassing, tortious, defamatory, libelous, or invasive of another's privacy;
iii. transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
iv. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
v. interfere with or disrupt the Desmos Services or servers or networks connected to the Desmos Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Desmos Services.
5. Personal, Non-Commercial Use Only
You agree to use the Desmos Services only (a) as an end user, for your personal, non-commercial use or (b) as a teacher, for academic use by you and your students in individual classes. Desmos does, pursuant to a separate written agreement, permit certain third parties (y) to integrate with the Desmos Services for commercial use, and (z) to use the graphing calculator to generate graphs for commercial uses (including textbooks). Please contact firstname.lastname@example.org for more information about entering into a relationship with Desmos that would permit commercial use of the Desmos Services.
6. User Submissions and Generated Materials
Desmos does not claim ownership of any materials (other than the underlying software and other materials of Desmos and its licensors used to generate such materials), lessons, formulae, information, data, text or other materials you submit and create for display or distribution to others through the Desmos Services, or the graphs generated therefrom (collectively, “User Submissions and Generated Materials”). As between Desmos and you, you own all rights to your User Submissions and Generated Materials. You grant to Desmos an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display or otherwise use your User Submissions and Generated Materials (in whole or in part) in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any format or medium now known or later developed, without compensation or notification to or permission from the user of any kind. You acknowledge and agree that all right and title in the software code and other material used to create or display your User Submissions and Generated Materials is the property of Desmos, and you hereby assign all right and title in such material to Desmos. Desmos hereby grants you a license to such material (a) as an end user, for your personal, non-commercial use or (b) as a teacher, for academic use by you and your students in individual classes. Desmos does not pre-screen User Submissions and Generated Materials and you agree that you are solely responsible for all of your User Submissions and Generated Materials. Desmos is not required to host, display, or distribute any User Submissions and Generated Materials, and may remove at any time or refuse any User Submissions and Generated Materials. Desmos is not responsible for any loss, theft or damage of any kind to any User Submissions and Generated Materials. You represent and warrant that your User Submissions and Generated Materials, and Desmos' authorized use thereof, do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).
7. Special Terms for Schools
a. Fees. If Desmos makes any Desmos Service available without charging a fee, then Desmos will not thereafter charge a fee to use such existing Desmos Service. The foregoing will not, however, prohibit Desmos from removing support for any Desmos Service or from charging a fee for any new Desmos Services that are complementary to, or may be used together with, such existing Desmos Service.
b. Activity Sharing. At the time you, as School user, submit to Desmos an activity you’ve developed using the Desmos Activity Builder (an “Activity”), you may elect to make your Activity public. If you do so, then you expressly authorize Desmos to (i) make your Activity available to other School users for use in individual classes with other students, (ii) allow other School users to copy and modify your Activity and use the modified version in individual classes with other students and (iii) modify your Activity and make the modified version available to other School users for use in individual classes with other students. In the case of any such use of your Activity (whether unmodified or modified), you will receive an attribution credit. If you elect to make your Activity public, in no event will Desmos authorize any third party to sell your Activity to others, nor will Desmos sell your activity itself, without your permission.
8. Copyright Infringement
Desmos respects the intellectual property rights of others. Accordingly, Desmos has a policy of removing User Submissions and Generated Materials that violate copyright law, and, in appropriate circumstances, suspending access to the Desmos Services (or any portion thereof) to any user who uses the Desmos Services in violation of copyright law, and/or terminating the account of any user who uses the Desmos Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Desmos has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the Desmos Services, please provide written notice to the following Desmos agent for notice of claims of copyright infringement.
Desmos, Inc. ATTN: Eli Luberoff, Copyright Agent 1488 Howard St. San Francisco, CA 94103 Email: email@example.com Telephone: (415) 636-8001 Fax: (415) 534-0941
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Desmos to locate that material; (d) contain adequate information by which Desmos can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you choose to provide technical, business or other feedback to Desmos concerning the Desmos Services or any Desmos products or services (collectively, “Feedback”), Desmos will be free to use such Feedback without restriction. You understand and agree that the incorporation by Desmos of Feedback into any of its products or services does not grant you any proprietary rights therein.
10. Termination and Suspension
Without limiting other remedies, Desmos may terminate or suspend your Desmos Services membership or suspend your access to all or part of the Desmos Services without notice if Desmos believes that you have violated these Terms or have engaged in conduct that violates applicable law or is otherwise harmful to the interests of Desmos, any other Desmos Services user, or any third party. You may discontinue your use of the Desmos Services at any time.
Subject to Section 7.a of these Terms, Desmos reserves the right to charge fees for access to new Desmos Services. In no event will you be charged for access to any new Desmos Services, unless Desmos obtains your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, Desmos may prohibit your access to that paid content or services. Details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. All such terms will be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
12. Password and Security
You are responsible for maintaining the confidentiality of your Desmos Services password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Desmos of any unauthorized use of your password or any other breach of security related to the Desmos Services. Desmos may require you to alter your password if Desmos believes that your password is no longer secure.
13. Third Party Services
Desmos may integrate with or provide links to certain third party Internet sites and services (collectively, such third parties, “Linked Partners”). The Linked Partner services made available through the Desmos Services or the integration of the such sites and services with the Desmos Services are for your convenience only and do not signify the endorsement by Desmos of such Partner sites or services.
14. Disclaimer and Limitations of Liability
a. You agree that use of the Desmos services is at your sole risk. The Desmos services are provided on an “as is” and “as available” basis. Desmos expressly disclaims all warranties of any kind, whether express or implied, with respect to the Desmos services and all services provided by any of our partner (whether api partners, linked partners, or otherwise), including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. You acknowledge that access to data and materials (including, but not limited to, your or others’ user submissions and generated materials) available through the Desmos services is not guaranteed and that Desmos will not be responsible to you for any loss of data or materials caused by the Desmos services or their unavailability. You understand and agree that any data, materials, services and/or information downloaded or otherwise obtained through the use of the Desmos services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.
b. Under no circumstances will Desmos or its officers, employees, directors, shareholders, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the Desmos services.
c. If, notwithstanding these Terms, Desmos is found to be liable to you or any third party in connection with your use of the Desmos services, the total liability of Desmos and its officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred U.S. Dollars ($100).
d. Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Desmos may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Desmos’ liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Desmos and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. Desmos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Desmos’ defense of such claim.
16. Intellectual Property
“Desmos” and the Desmos logo, and certain other of the names, logos, and materials displayed in the Desmos Services, may constitute trademarks, trade names, or service marks (“Marks”) of Desmos or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Desmos or those other entities. The content on the Desmos Services (the “Content”), including without limitation, the software, graphs, text and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Desmos or its licensors. Other than with respect to your own User Submissions and Generated Materials, (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Desmos and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
Governing Law. These Terms and the relationship between you and Desmos will be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Desmos Services will be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Additional Terms. The failure of Desmos to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Desmos and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Desmos Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the Desmos Services. If access to the Desmos Services is licensed to the United States government or any agency thereof, then the Desmos Services will be deemed to be “commercial computer software” and “commercial computer software documentation,” pursuant to DFARS Section 227.7202 and FAR Section 12.212, respectively, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Desmos Services and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms.
18. Modifications To Terms and Services
a. Modifications. These Terms may be revised periodically and this will be reflected in the “date last modified” set forth below. Your continued use of the Desmos Services following such update constitutes your agreement to the revised Terms. You can see the history of the changes to our Terms here. If you object to any such changes, your sole recourse will be to cease using the Desmos Services. Continued use of the Desmos Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Desmos reserves the right to modify or discontinue the Desmos Services with or without notice to you.
b. Date Last Modified. These Terms were last modified on May 9, 2017.