Effective as of June 1, 2021
Instructure, Inc.’s (and its affiliate(s), referenced as “Instructure”, “us”, “we”, or “our”) Canvas Free for Teacher Acceptable Use Policy (the “FFT AUP”) governs each individual end user’s (referred to as “you” or “your”) use and access to Canvas Free for Teacher (the “Service”).
BY USING THE SERVICE, YOU’RE AGREEING TO USE THE SERVICE IN ACCORDANCE WITH THIS FFT AUP, AND TO REVIEW INSTRUCTURE’S PRIVACY POLICIES. PLEASE ALSO NOTE THAT THIS FFT AUP AND THE PRIVACY POLICIES ARE SUBJECT TO CHANGE.
IF YOU ARE A RESIDENT OF THE EUROPEAN UNION OR THE UNITED KINGDOM, INSTRUCTURE’S DATA PROCESSING ADDENDUM HERE ALSO APPLIES TO YOUR USE OF THE SERVICES.
IF YOU DO NOT AGREE TO BE BOUND BY THIS FFT AUP OR DISAGREE WITH OUR PRIVACY POLICIES, YOU SHOULD NOT AND MAY NOT ACCESS OR USE THE SERVICE.
1. LICENSE GRANT
This FFT AUP provides to you a personal, revocable, limited, non-exclusive, and non-transferable license to use the Service conditioned upon your continued compliance with this FFT AUP. Instructure reserves all rights not granted herein.
2. SERVICES AND DATA PROCESSING
We host the Services in the United States of America. By registering and using the Services, you understand and consent to our hosting, storing, and processing of Your Content and your personally identifiable information in the United States or other locations as we determine necessary to deliver the Services.
3. YOUR CONTENT & YOUR PERMISSIONS
When you use our Service, you provide us with things like your files, content, messages, etc. (“Your Content”). Your Content is yours. You represent that you have all necessary right, power, and authority to use the Service and share Your Content and will comply with all applicable laws when doing so.
This FFT AUP doesn't give us any rights to Your Content except for the limited rights that enable us to offer the Service. We need your permission to do things like host Your Content, back it up, or share it when you ask us to. This permission extends to our trusted third parties we work with. You therefore give us, and third parties (with whom we work) permission to use, display, host, share, and back up Your Content. By submitting Your Content, you also permit us to identify you by your username and as the contributor of Your Content.
Each course in the Service has a limit of 500MB of course data storage. Each individual use file has a limit of 50MB. Instructure reserves the right to delete Your Content over these limits.
4. SHARING YOUR CONTENT
Our Service lets you share Your Content with others, so please think carefully about what you share. By using the Service, you agree to do so responsibly and to not misuse the Service or help anyone else do so. This includes, but is not limited to, not doing or trying to do any of the following in connection with the Service:
- store, transmit or create libelous, obscene, deceptive, defamatory, pornographic, racist, sexual, hateful, unlawful, tortious or otherwise objectionable content (except as necessary for legitimate instructional purposes, but in all cases in compliance with applicable laws and regulations);
- modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service except to the extent the foregoing restrictions are expressly prohibited by applicable law;
- harm, harass, threaten, or impersonate any person or violate the rights of any third party;
- probe, scan, or test the vulnerability of any system or network;
- interfere with or disrupt the integrity or performance of the Service;
- attempt to gain unauthorized access to the Service or its related systems or networks;
- introduce viruses, Trojan horses, worms, spyware, or other such malicious code into the Service;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Service, or shared areas of the Service you haven't been invited to;
- access, search, or create accounts for the Service by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
- promote or advertise products or services other than your own without appropriate authorization;
- sell or re-sell the Service unless specifically authorized to do so;
- copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Service unless specifically authorized to do so;
- remove or destroy any copyright notices or other proprietary markings contained on or in the Service; or
- violate the law in any way, including by storing, publishing or sharing material that is infringing, fraudulent, defamatory, misleading, or damaging to Instructure in any way.
5. YOUR RESPONSIBILITIES
You must provide all equipment necessary to access the Service and are responsible for all fees incurred when accessing the Service. Additionally, you’re responsible for your conduct and Your Content and your compliance with this FFT AUP. Content in the Service may be protected by others’ intellectual property rights. You therefore agree that you won’t copy, reproduce, create derivative works of, decompile, upload, download, share, or otherwise exploit third party content unless you have the right to do so. We may review your conduct and content for compliance with this FFT AUP and remove content from the Service at any time and without notice. However, we have no obligation to do so. We aren’t responsible for the content people post and share via the Service. You agree also to safeguard your password to the Service, make sure that others don’t have access to it, and keep your account information current.
6. THIRD PARTY WEBSITES
The Service may contain links to third-party websites that are not under Instructure’s control. Instructure is not responsible for such third-party websites.
7. OUR PROPERTY
The Service is protected by copyright, trademark, and other US and foreign laws. This FFT AUP does not grant you any right, title, or interest in the Service or others’ content in the Service. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged infringement after receipt of a proper notice that complies with the law and is received by our designated agent. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. If you believe that any content in the Service in a way that constitutes infringement, please provide our designated agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the rights owner;
- a description of the content you claim is being infringed;
- a description or link to the location of the material claim is infringing;
- your physical address, telephone number and e-mail address;
- a statement that you have a good faith belief that the content is not authorized by the rights owner, its agent or the law;
- a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner.
Contact information for Instructure’s designated agent for notice of claims of infringement is as follows: Chief Legal Officer; 6330 South 3000 East, Suite 700, Cottonwood Heights, Utah 84121, USA; firstname.lastname@example.org. Instructure may also take any appropriate action in the event it receives a proper counter-notice under the law.
9. TERMINATION & RIGHT TO SUSPEND
You’re free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service and remove Your Content if you’re not complying with this FFT AUP, or using the Service in a manner that may cause us legal liability, disrupt the Service, disrupt others’ use of the Service or, in our sole opinion, reason, cause harm. If your account is inactive for six (6) months or more, we reserve the right to delete Your Content, your account information, and your account credentials. All provisions of this FFT AUP, which by their nature should survive, will survive termination of the Service.
10. SERVICE “AS IS”
INSTRUCTURE AND ITS PARTNERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE IS PROVIDED “AS IS.” IN ADDITION, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY CONTENT DOWNLOADED OR ACCESSED FROM THE SERVICE IS ACCESSED AT YOUR OWN RISK.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY ABSOLVE AND RELEASE INSTRUCTURE FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND INSTRUCTURE’S CONTROL. YOU FURTHER AGREE THAT IN NO EVENT SHALL INSTRUCTURE AND ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS. THIS WILL BE REGARDLESS OF WHETHER OR NOT INSTRUCTURE OR ANY OF ITS PARTNERS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, INSTRUCTURE AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU FOR MORE THAN ANY AMOUNTS RECEIVED BY INSTRUCTURE FROM YOU AS A RESULT OF YOUR PERSONAL USE OF THE SERVICE IN THE 12 MONTHS PRECEDING YOUR CLAIM. IF YOU HAVE NOT PAID INDIVIDUALLY ANY AMOUNTS IN THE 12 MONTHS PRECEDING YOUR CLAIM, INSTRUCTURE’S SOLE AND EXCLUSIVE LIABILITY SHALL BE NO MORE THAN $50. MOREOVER, INSTRUCTURE SHALL NOT BE LIABLE FOR THE LOSS OR FAILURE TO STORE YOUR CONTENT, AND YOU UNDERSTAND AND AGREE THAT BY USING THE SERVICE, YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION RELATED TO USE OF THE SERVICE OR BREACH OF THIS FFT AUP.
12. CONTROLLING LAW
This FFT AUP and your use of the Service will be interpreted, governed and construed by the laws of Delaware except for its conflicts of laws principles, unless otherwise agreed in a separate written agreement with Instructure or as required by a mandatory law of a competent jurisdiction.
13. ENTIRE AGREEMENT
This FFT AUP sets forth terms governing your use of the Service, and supersedes and replaces any other prior or contemporaneous agreements applicable to the subject matter of this FFT AUP. This FFT AUP creates no third-party beneficiary rights. This FFT AUP shall inure to the benefit of Instructure and its respective legal representatives, successors, and assigns.
14. WAIVER, SEVERABILITY & ASSIGNMENT
Instructure’s failure to enforce a provision is not a waiver of its right to do so later. You may not assign any of your rights under this FFT AUP, and any such attempt will be void. Instructure may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service. If any provision of this FFT AUP is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this FFT AUP will remain in full force and effect.
This FFT AUP is current as of the effective date set forth above. We may change this FFT AUP from time to time, so please be sure to check back periodically. If a revision meaningfully reduces your rights, we will provide notice to you (by, for example, sending a message to the email address associated with your account). By continuing to use or access the Service after the revisions come into effect, you agree to be bound by and subject to the revised FFT AUP.
For any notices relating to this FFT AUP, you may contact us by sending an email to email@example.com.
This COPPA Policy applies to Child users of Canvas Free for Teacher, a free online learning management system that schools and teachers (collectively, “Schools”), use to facilitate learning outcomes. These services also may be offered through companion mobile applications (“Apps”). This COPPA Policy refers to all of these Instructure services collectively as the “Services”.
This COPPA Policy does not apply to:
To use the Services, Schools may submit personal information about their students or ask students to provide personal information to the Services. When a School uses our Services in the classroom or an educational setting, the School provides consent to this collection and use of personal information from and about Children as required under applicable laws, including COPPA.
Who Operates the Services?
Instructure operates the Services and will collect personal information about Children as described in this COPPA Policy. We can be contacted at:
6330 S. 3000 E.
Cottonwood Heights, UT 84121
What Information Do We Collect About Children?
How Information is Collected. We may collect information about Children directly from Children and/or their Schools, as well as automatically through a Child's use of our Services. We will not require a School or Child to disclose more information than is reasonably necessary to use our Services.
Information We Collect Directly. We may collect a Child’s name and other personal information when a School provides it to us. For example, through our Services, Schools can create assessments and track their students’ learning progress. In doing so, Schools may require the Child’s personal information in order to track and archive evidence of learning. Schools decide how they will use our Services and Schools are responsible for ensuring that their collection and use of personal information from Children through the Services complies with applicable laws. If you are a parent and you have questions about your Child's School’s use of our Services, you should discuss your questions with your Child’s School.
Schools also have the option of creating accounts for their students which allows those students to view their learning progress and access learning resources provided by their School. If a School chooses to register a Child for an account, the Services will generate a username, join code, and temporary password and provide them directly to the School which may then share them with the Child. After logging in, the Child can then create a permanent password for their account.
Once an account is created, we collect information about Children’s performance and activities on our Services. We may use deidentified or aggregated data in order to improve our services.
Parents can tell us to stop collecting personal information from their Children; however, in such cases the Children will not be able to use our Services. If you direct us to stop collecting and using your Child's personal information, we will notify the School of your request and disable your Child’s use of our Services.
Information We Collect Automatically. We may automatically collect information about a Child’s use of our Services through our servers and in log files, such as the following: domain name; browser type and operating system; web pages viewed; links clicked; the length of time spent on our Services; the length of time our Services are used; the referring URL, or the webpage that led a user to our Site; language information; device name and model; operating system type, name, and version; and activities within our Services. We use this information to analyze trends, administer the Services, track users’ movements around the Services, gather demographic information about our user base, and better tailor our Services to our users’ needs. Except as noted in this COPPA Policy, we do not link this automatically collected data to a Child’s personal information.
We may also collect IP address, device identifier or a similar unique identifier from Child users of our Services; we use such identifiers solely to support the internal operations of our Services in the same manner as described above, including to maintain or analyze their functioning; perform network communications; authenticate users or personalize content; and protect the security or integrity of users and our Services. We never use unique identifiers to track Child users across third-party apps or websites.
We may also collect information from any mobile devices that a Child uses if the Child has downloaded one or more of our Apps to their device. This information is used to help us deliver the Services to the Child. Examples of information that may be collected and used include how the Child uses the App(s) and information about the type of device the Child is using. In addition, in the event our App(s) crash on a mobile device, we will receive information about the mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our App(s). This crash information is sent to us as aggregated information that does not identify an individual.
How We Use Children’s Information
We use personal information about Children to provide the Services. We do not use personal information about Children for our own commercial purposes.
For the Services. We use the personal information that we collect about Children for the following general purposes:
● To provide our Services;
● To respond to customer service and technical support issues and requests;
● To identify the Child as a user in our system;
● To improve our Services; and
● To tailor the content and information that we may display to Children, to offer personalized help and instructions, or to otherwise personalize a Child’s experiences while using the Services.
As Requested by Schools. When a School provides a Child’s name and other personal information, we use that personal information for the following additional purposes:
● To provide Children and Schools with information and reports about a Child’s performance and use of the Services; and
● If requested, to facilitate creation of a Child’s account.
Aggregate or De-identified Information. We may use aggregate or de-identified information about Children for research, analysis, and similar purposes. When we do so, we strip out names, email, contact information, and other personal identifiers. For example, we may use aggregate or de-identified information for one or more of the following purposes, among other purposes:
● To better understand how users access and use our Services;
● To improve our Services and respond to user desires and preferences; and
● For other research and analytical purposes.
How We Share Children’s Information
We do not sell personal information about Children, and there is no means for a Child to make his or her personal information public through our Services (though Schools may choose to share a Child’s information and responses with the Child’s classmates or with other teachers). We will disclose the personal information that we collect about Children only as follows:
● Parents, Teachers and Classmates. We will disclose Children’s personal information: (1) to each Child’s individual teacher(s) and parent(s); and (2) as directed by the Child’s School. Parents may request information about the information we have collected from their Child(ren) by contacting us at firstname.lastname@example.org.
● Third-Party Service Providers. We may disclose a Child’s personal information to third-party service providers who perform functions on our behalf and/or on behalf of a School or district customer in order to: provide the Child and the Child’s School with the Services that we offer through our Services; conduct quality assurance testing; facilitate creation of accounts; provide technical support; and/or provide other services to us. These third-party service providers are permitted to use personal information only to provide the services requested by Instructure or the School or district customer.
● Business Transfers. If we are acquired by or merged with another company, if all or a portion of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the personal information we have collected about Children to the other company. We will notify all users of any material change in our information practices, as well as any choices users may have regarding their personal information.
● In Response to Legal Process. We may disclose personal information that we have collected about Children in order to comply with applicable law, a judicial proceeding, court order, or other legal process.
● To Protect Us and Others. We may disclose personal information that we have collected about Children where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or our policies including this COPPA Policy, or as evidence in litigation in which Instructure is involved.
Schools may provide Children with links to third-party educational and learning resources located on third-party websites or apps, through our Services. Any access to and use of such linked websites and apps is not governed by this COPPA Policy, but instead is governed by the privacy policies of those third-party websites and apps. We are not responsible for the information practices of such third-party websites and apps.
Rights to Review, Delete, and Control Our Use of Children’s Personal Information
Parents and Schools have a right to review and correct the information we have collected about their Child(ren) and students, respectively, and to delete it, and to tell us to update it or stop using it. To exercise these rights, you may contact us at email@example.com. You will be required to authenticate yourself as the Child's parent or School to receive information about that Child. Please note that we cannot delete copies of information that a Child's School has already collected and/or copied, and copies of information that you have deleted may remain in archives for a period of time.
Changes to this COPPA Policy
This COPPA Policy is current as of the effective date set forth above. We may change this COPPA Policy from time to time, so please be sure to check back periodically. If we make any changes to this COPPA Policy that materially affect our practices with regard to the personal information we have previously collected from a Child, we will provide your Child’s School with notice of the revised COPPA Policy and request renewed consent in advance of such change becoming effective. The revised COPPA Policy will also be posted and highlighted on our Site.