Terms & Conditions

Terms & Conditions for artefakt

Last Updated: October 10, 2025

1. Introduction and Acceptance of Terms & Conditions

These Terms & Conditions ("Agreement") are entered into by and between ETOS US Inc. ("ETOS," "we," "our," or "us") and you ("Customer" or "you").

These Terms & Conditions, together with the following documents which are expressly incorporated by reference, govern your access to and use of the ETOS services including the artefakt platform, website, mobile applications, and any related services ("Services"):

End User License Agreement (EULA)
Product Privacy Policy
Data Processing Agreement (DPA) Addendum
Any specific Customer Agreement you have executed with ETOS

Order of Precedence

In the event of a conflict between these documents, the following hierarchy applies:

Specific Customer Agreement (if applicable)
Data Processing Agreement (DPA)
End User License Agreement (EULA)
Product Privacy Policy
These Terms & Conditions

Acceptance

By accessing or using the Services, or by clicking to accept or agree to these Terms & Conditions, you accept and agree to be bound by:

These Terms & Conditions
Our Product Privacy Policy (https://etos.org/privacy)
Our EULA and DPA (as applicable)

If you do not agree to these terms, you must not access or use any of the Services.

Customer acknowledges and agrees that it shall ensure all individual users within Customer's organization authorized to use the Services ("Authorized Users") are bound by these Terms & Conditions and our privacy policies before accessing the Services.

2. Changes to Terms & Conditions

We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes will be effective immediately when posted, except that material changes affecting data protection or privacy will be communicated to Institutions at least 30 days in advance when possible.

Continued use of the Services following the posting of revised Terms & Conditions means you accept and agree to the changes. You are responsible for reviewing this page periodically to remain aware of any changes.

3. Use of the Services

3.1 License Grant

Subject to these Terms & Conditions and any Customer Agreement, ETOS grants Customer a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services, and to permit Authorized Users to access and use the Services, solely for Customer's internal educational purposes in accordance with these Terms & Conditions and the applicable Customer Agreement.

The license granted is limited to the scope of users defined in your Customer Agreement. For example:

If Customer is a school or school district, the right accrues to authorized staff and students
If Customer is a department or program, the right accrues to authorized personnel of that unit
If Customer is a business or government entity, the right accrues only to those individuals granted access under the Customer Agreement

3.2 Authorized Users

Authorized Users must be:

Employees, contractors, or authorized agents of Customer
Individuals operating within the scope of their educational or professional role
Compliant with Customer's own acceptable use policies

ETOS reserves the right to deny creation of, or disable, user accounts if ETOS suspects they are being used by unauthorized persons or for unauthorized purposes (e.g., accounts using email addresses outside the authorized organization's standard domain).

3.3 Permitted and Prohibited Uses

Permitted Uses:

Educational instruction and learning activities
Assessment and grading
Communication with students and staff
Administrative functions related to education delivery
Compliance with institutional policies and legal requirements

Prohibited Uses:

Commercial purposes unrelated to education
Sharing credentials with unauthorized persons
Reverse engineering, decompiling, or disassembling the Services
Removing or obscuring proprietary notices or labels
Violations of applicable laws or regulations
Unauthorized access to accounts or data
Uses inconsistent with the EULA's Acceptable Use provisions

3.4 Service Modifications

ETOS reserves the right to modify, enhance, or discontinue Services at any time in its sole discretion. We will:

Provide reasonable advance notice for material changes affecting data or functionality
Maintain continuity of essential educational services where possible
Work with Institutions to minimize disruption

4. Privacy, Data Protection, and Compliance

4.1 Privacy Framework

Your use of the Services is subject to our Product Privacy Policy and Data Processing Agreement (DPA), which are incorporated by reference and provide detailed information about:

What personal data we collect
How we use and protect that data
Your rights regarding your data
Our obligations as a data processor

Key Commitments:

We process personal data only for the educational purposes authorized by your Institution
We never sell student data or use it for commercial advertising
We comply with FERPA, COPPA, and GDPR requirements
We maintain strong security measures and breach notification procedures

4.2 FERPA Compliance

For Users subject to FERPA (Family Educational Rights and Privacy Act):

Your Institution controls and maintains educational records created in the Services
ETOS acts as a service provider with legitimate educational interests
Parents and eligible students have rights to access and review educational records through your Institution
ETOS does not disclose educational records except as authorized by your Institution or required by law

For Users in the European Union, United Kingdom, or other jurisdictions with comparable data protection laws:

Personal data is processed in accordance with applicable data protection regulations
ETOS acts as a data processor; your Institution acts as the data controller
International transfers are safeguarded using Standard Contractual Clauses (SCCs) and the Data Privacy Framework
You have rights to access, correct, delete, and port your personal data as described in our Privacy Policy and DPA

4.4 Student Privacy

We are committed to protecting student privacy and comply with the Student Privacy Pledge
We do not use student data for behavioral profiling or targeted advertising
We maintain appropriate security for sensitive student information
We support FERPA and COPPA compliance requirements

5. Warranty Disclaimer

5.1 Educational Tool

The Services are provided as educational tools designed to supplement, not replace, traditional teaching and learning methods. ETOS makes no guarantee regarding educational outcomes, student performance, or achievement results.

5.2 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. You understand that:

Internet connectivity issues may affect access
Scheduled maintenance may temporarily suspend Services
Technical issues or security incidents may require service interruptions

5.3 Content and Files

You acknowledge that:

Downloaded files may contain viruses or other harmful code
You are responsible for implementing anti-virus protection and data backup procedures
You should maintain external means to reconstruct any lost data

5.4 Disclaimers

TO THE FULLEST EXTENT PROVIDED BY LAW:

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
ETOS DOES NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, SECURE, FREE OF VIRUSES, OR MEET YOUR NEEDS OR EXPECTATIONS
ETOS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE
ETOS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, MALWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL

6. Limitation of Liability

6.1 Limitation of Damages

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL ETOS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE TO YOU, ANY AUTHORIZED USER, OR ANY THIRD PARTY FOR:

Loss of data, files, or records
Loss of revenue, profits, or business opportunity
Loss of goodwill or reputation
Loss of use or functionality
Any indirect, incidental, special, consequential, exemplary, or punitive damages
Costs of substitute goods or services

This limitation applies regardless of the cause (contract, tort, negligence, strict liability) and even if ETOS has been advised of the possibility of such damages.

6.2 Exceptions

Nothing in these Terms & Conditions limits liability for:

Death or personal injury caused by negligence
Fraudulent misrepresentation
Gross negligence or willful misconduct
Breach of data protection obligations
Breaches of confidentiality
As required by applicable consumer protection laws

6.3 Aggregate Liability Cap

ETOS's total aggregate liability under these Terms & Conditions shall not exceed the amount paid by Customer for the Services in the 12 months preceding the claim.

7. Intellectual Property Rights

7.1 ETOS Intellectual Property

The Services, including all software, code, design, graphics, text, images, and other materials, are owned by ETOS or its licensors and protected by copyright, trademark, patent, and other intellectual property laws.

You may not:

Copy, modify, or create derivative works
Remove or alter proprietary notices or labels
Use ETOS trademarks or logos without permission
Reverse engineer or attempt to discover source code

7.2 Your Content

You retain all rights to User Content you create within the Services. By using the Services, you grant ETOS a limited license to:

Store, transmit, and display your User Content as necessary to provide the Services
Create technical copies for backup, security, and disaster recovery
Share User Content with other Authorized Users as you direct

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant ETOS a perpetual, worldwide, royalty-free license to use and incorporate such feedback without compensation.

8. Account Management and Security

8.1 Account Responsibility

Accounts are managed by your Institution
You are responsible for maintaining the confidentiality of your credentials
You are responsible for all activities under your account
Notify your Institution immediately of unauthorized use

8.2 Account Access

Your Institution may:

Modify or restrict your access at any time
Monitor account activity for security and compliance purposes
Terminate access upon employment termination or status change
Reset passwords or credentials as needed

9. Termination

9.1 Termination by Customer

Customer may terminate the Services by providing written notice to ETOS at legal@etos.org in accordance with the Customer Agreement.

9.2 Termination by ETOS

ETOS may suspend or terminate your access immediately if you:

Violate these Terms & Conditions or the EULA
Violate applicable laws or regulations
Engage in activities harmful to the Services or other users
Fail to pay amounts due under the Customer Agreement

9.3 Effect of Termination

Upon termination:

Your right to access the Services ends immediately
ETOS will handle your personal data in accordance with the Privacy Policy and DPA
Data retention and deletion are governed by applicable law and the DPA

10. Third-Party Services and Integrations

The Services may integrate with third-party platforms (Learning Management Systems, identity providers, etc.) as authorized by your Institution.

Your use of these integrations is subject to:

The third party's terms of service and privacy policies
Any separate agreements your Institution has with the third party
Data handling requirements specified in the DPA

ETOS is not responsible for third-party services or their privacy practices.

11. Acceptable Use and Conduct

Users agree to use the Services in accordance with:

These Terms & Conditions
The EULA's Acceptable Use provisions
Your Institution's policies and acceptable use guidelines
Applicable laws and regulations

Prohibited conduct includes:

Harassment, bullying, or threats directed at other users
Sharing inappropriate or obscene content
Attempting unauthorized access to accounts or systems
Engaging in academic dishonesty or misconduct
Creating spam or disruptive content
Violating intellectual property or confidentiality rights

Violations may result in suspension or termination of access and may be reported to appropriate authorities.

12. Indemnification

You agree to indemnify and hold harmless ETOS, its affiliates, and their officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Services in violation of these Terms & Conditions
User Content you create or upload
Your violation of applicable laws or third-party rights
Your breach of these Terms & Conditions

This indemnity does not apply to claims arising from ETOS's negligence, willful misconduct, or breach of these Terms & Conditions.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms & Conditions are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.

13.2 Dispute Resolution

Except as provided below, disputes shall be resolved through binding arbitration administered by JAMS in Austin, Texas. Either party may seek injunctive relief in state or federal court in Austin, Texas.

13.3 Consumer Protections

For Users subject to consumer protection laws (including EU consumers), nothing in these Terms & Conditions waives rights granted by applicable consumer protection statutes.

For Users in the European Union, United Kingdom, or Switzerland, you have the right to file a complaint with your local data protection authority if you believe ETOS has violated your data protection rights.

14. Communication

14.1 Service Communications

ETOS may communicate with you regarding:

Service status and maintenance
Security alerts or breaches
Updates to these Terms & Conditions or Privacy Policy
Account-related notifications

14.2 Contact Preferences

Your Institution may manage how you receive communications. Educational communications necessary for service delivery cannot be opted out of.

15. Accessibility and Accommodations

ETOS is committed to making the Services accessible to users with disabilities in compliance with applicable accessibility laws (ADA, AODA, EN 301 549, etc.).

If you encounter accessibility barriers, please contact:

Your Institution's accessibility coordinator or IT department
ETOS directly at legal@etos.org

16. Severability

If any provision of these Terms & Conditions is found to be unenforceable or invalid, that provision will be severed, and all remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms & Conditions, together with the EULA, Privacy Policy, and DPA, constitute the entire agreement between you and ETOS regarding the Services. All prior agreements, understandings, and representations are superseded.

18. Contact Information

For questions about these Terms & Conditions:

ETOS US Inc.
Attn: Chief Legal Officer
1401 Lavaca St., #721
Austin, TX, 78733
Email: legal@etos.org
Phone: 512-365-0145

For technical support, contact your Institution's designated administrator or IT support team.

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions and all incorporated documents.