Terms and conditions
Updated: May 2021
Welcome to LessonUp! These are the general terms and conditions (the “Conditions”) of LessonUp B.V. (“Provider”). The Provider offers a platform and Services under the name LessonUp (“LessonUp”). LessonUp helps in creating or arranging digital and interactive lessons that can be given directly on a centralised screen in the classroom and can be saved and shared in LessonUp's online environment. For more information, refer to the website: www.lessonup.com (the “Website”). LessonUp is available through the Website and mobile applications (Sidekick for LessonUp, LessonUp and Step-by-Step) as well as LessonUp's web application (the “App”).
Excluding any conditions or stipulations of third parties or any other party, these Conditions apply to all offers, agreements and other dealings between the Provider and LessonUp's Users/End Users. The Provider offers LessonUp and its Services to the User/End User on the condition that they accept these Conditions. The Provider may change these Conditions. The latest version of the Conditions will always be applicable between the Provider and the User/End User.
In these general terms and conditions, the terms below are given the following meaning, unless explicitly stated otherwise.
1.1 LessonUp: the comprehensive whole of websites, web applications, functionalities and suchlike that are offered on the internet under the name LessonUp.
1.2 User: any natural person or legal entity who purchases Services from the Provider or otherwise makes use of LessonUp, for example, for consulting and placing Material.
1.3 End User: the actual natural person or legal entity who makes use of the Services and is logged in as a User of LessonUp.
1.4 Account: individual registration at LessonUp where each User or End User is granted the unique access privileges for the relevant User/End User.
1.5 Services: all services to be supplied by or on behalf of the Provider via the internet or otherwise made available to the User, as well as other related services.
1.6 Agreement: the agreement between the Provider and User to carry out or supply Services.
1.7 Material: all data and files accessible via LessonUp by the Provider or User such as, but not limited to, messages, reviews, advertisements, illustrations, video and audio clips, photographs, hyperlinks, plus ideas and concepts for lessons etc.
1.8 Provider: the private limited liability company LessonUp B.V., having its registered offices in The Hague, at Saturnusstraat 14 (2516 AH) and registered at the Chamber of Commerce under number 64760006.
1.9 Conditions: these general terms and conditions of the Provider.
1.10 Intellectual Property Rights: all current and future intellectual property rights, worldwide, such as, but not limited to: copyrights, neighbouring rights, database rights, drawing and design rights, trademark rights, trade name rights, patent rights and rights to know-how.
2. Offers and quotations
2.1 Any offers and quotations from the Provider are without obligation, unless agreed to otherwise in writing. No rights can be derived from an offer or quotation for a future Agreement.
2.2 An offer or quotation is based on a specific request from the User and only applies to the specific underlying request. On preparation of the quotation, the Provider may assume that the data provided by the User is correct and complete.
2.3 All images, specifications and details in offers and quotations are indicative and cannot be a reason for compensation of damages or termination of the Agreement.
3. Applicability and compliance with Conditions
3.1 If one or more of the provisions in the Conditions are null and void or may become voidable, the remaining provisions in the Conditions remain fully applicable.
3.2 In the event that a User acts repeatedly and/or intentionally in contravention of the Conditions, the Provider may decide at its own discretion whether the End User concerned, or in the case of the User being a legal entity; possibly all End Users belonging to the relevant organisation, may be excluded from having access to LessonUp. In such a case, the User has no right to a refund of any fees paid.
3.3 If there is a serious contravention of the Conditions and/or infringement of intellectual property rights, the User/End User will be liable for the resulting losses and, if necessary, compensation for the losses will be enforced by judicial action or recovered by judicial means.
3.4 The Provider may unilaterally change the Conditions. The Provider will inform the User/End User of this. If the User/End User continues to make use of LessonUp even after the Conditions have been changed, then the User/End User is deemed to have irrevocably accepted the changed Conditions.
4.1 User access to LessonUp is effectuated by means of authorisation via an Account and (the purchase of) a LessonUp license. End User access to LessonUp is effectuated only by means of authorisation via an Account. To create an Account, the User/End User must, in any case, provide their name or nickname and email address and a password. This information is used as part of the authentication process. Failure to provide the relevant information may result in a restricted usage of LessonUp. Users/End Users are responsible for all actions and legal acts, including use and/or misuse of them, carried out with or through the Account.
4.2 LessonUp reserves the right to refuse an Account application or to cancel the Account after registration, for example in the event that the User/End User does not comply with the obligations referred to in clause 6 of the Conditions.
4.3 The Account is linked to a password. This password is strictly personal and confidential. The Provider accepts no liability for password abuse. If the End User suspects that a third party uses this password without authorisation, the User/End User must immediately contact the Provider at email@example.com. The User/End User is fully responsible and liable at all times for anything that happens through their own Account.
4.4 The End User is required to enter correct data when creating the Account. The End-user is obliged to notify the Provider without delay of any changes to such data.
4.5 The End User is further not allowed to request or manage another Account after the Provider has refused an Account or an End User Account has been cancelled.
4.6 The User/End User may have their Account cancelled if they no longer want to use LessonUp. The User/End User must notify this to the Provider by email by providing the relevant login details.
4.7 If the Provider suspects that the personal data is invalid, or if the Provider has reason to believe that an Account or its use is not in accordance with these Conditions and/or relevant legislation, the Provider may suspend, terminate or otherwise restrict the use of LessonUp and/or the Account by the User/End User.
4.8 LessonUp's security is committed to preventing third parties from accessing the User's/End User's Account. The User/End User indemnifies the Provider against all claims from third parties should this occur through the action or failure to act by the User/End User (e.g. due to careless use of the login details). The Account can be cancelled at any time by sending an email to firstname.lastname@example.org and/or deleting the Account via the account settings that are available via the App/Website.
5. Licenses or trial licenses and their duration
5.1 The creation of an Account as described in clause 4 is free of charge.
5.2 The User will have access to all the features of LessonUp and the ‘Individual Teacher License’ (“LessonUp Pro License”) for the first thirty (30) days after the Account has been created. After these thirty (30) days, the LessonUp Pro License automatically ceases and access to related features lapses. The User will then be able to use the free Account and will only have access to features included in the free Account.
5.3 Users who purchase a LessonUp Pro License can opt for a monthly subscription or an annual subscription, which is then tacitly renewed for the same duration of either a month or a year. Payments are made using iDEAL or by direct debit collection. The User may cancel the license at any time by sending an email to email@example.com and/or deleting the Account via the account settings that are available via the App/Website.
5.4 Users who purchase a LessonUp ‘Basic School License’, ‘Complete School License’ or ‘School License Plus+’, agree to the duration of the license in the LessonUp quotation.
6. User/End User obligations
6.1 Users/End Users must assert themselves in conformity with what may be expected of responsible and careful internet users.
6.2 Users/End Users are not permitted to place Material or perform any actions that are in breach of the Conditions, statutory provisions, public order or common decency. Similarly, Users/End Users may not infringe or otherwise breach any intellectual property rights of the Provider, other Users/End Users or third parties.
6.3 The User/End User is not allowed to interfere with other Users and/or cause damage to the Provider's systems. The User/End User is prohibited from initiating any processes or programmes which the User/End User knows, or should reasonably know, that it interferes with or causes direct or indirect damage to the Provider or other users.
6.4 LessonUp is only intended for personal consultation via regular browser visits. It is not permitted to consult nor to allow consultation of Material in an automated manner, e.g. via scripts, spiders and/or bots. Any hyperlinks to LessonUp (from third-party sites) must lead Users directly to the Material. Also, in every circumstance, the origin and the original location of the Material must also be shown clearly. Therefore, taking over, inframing, republication, or any processing of or addition to the Material is not permitted, unless prior written permission has been obtained from the Provider. Similarly, it is also prohibited to circumvent or remove technical protections, or to make it possible for others to do so.
6.5 LessonUp contains Material that is owned by the Provider. This includes (but not exhaustively) the design, appearance and images of LessonUp. Reproduction of this Material by the User/End User outside of LessonUp, is not permitted.
6.6 The User/End User is responsible for the contents of all the Material placed on LessonUp via his/her Account.
6.7 Moreover, among other things (but not exhaustively), the following actions/practices are not permitted in LessonUp:
- (a) Disseminating and/or disclosing expressions, messages, texts or names of a racist or otherwise offensive or abusive nature.
- (b) Sexual harassment of other Users.
- (c) Publishing or distributing any form of pornographic material.
- (d) Any form of publication or distribution of any kind of advertising whatsoever, as well as referring to advertising by way of linking or deep-linking.
- (e) Mutilating, modifying and/or damaging files, information and/or other Material of LessonUp.
- (f) Spamming.
The result of unauthorised actions as mentioned in this clause will, at the discretion of the Provider, immediately be corrected or deleted from LessonUp.
6.8 If the User acts in breach of this provision, the Provider reserves the right, at all times, to block and/or cancel the User's/End User's Account and to delete any information relating thereto.
6.9 The User indemnifies the Provider against all claims from third parties arising from any use of LessonUp and/or Material by the User that is in breach of this provision or the applicable law or is otherwise unlawful.
7. LessonUp platform and Provider's obligations
7.1 The Provider offers LessonUp ‘as is’. The Provider will make reasonable efforts to make LessonUp available to the User/End User. The Provider does not warrant that LessonUp will be available uninterrupted or fully at all times, nor does it make any other commitments or warranties than those expressly set forth in these Conditions.
7.2 In case of emergencies, it may occur that LessonUp does not function or does not function fully. The non-functioning or not fully functioning of LessonUp due to a cause that is not attributable to the Provider (including but not limited to hackers and malfunctions), constitutes force majeure. The Provider cannot be held responsible for any shortcomings that have arisen as a result of this and cannot be obliged to pay compensation.
7.3 The Provider reserves the right to:
- (a) Block or suspend LessonUp (temporarily) for maintenance, modification or improvement purposes or if LessonUp has reason to believe that the User/End User is acting in breach of these Conditions, applicable law, or the rights of a third party;
- (b) Modify, expand, delete, or otherwise change any of the elements of LessonUp. The Provider does not warrant that LessonUp is free of errors or defects or that LessonUp is current, complete or accurate.
The Provider will inform the User/End User as best as possible of pending work on LessonUp.
7.4 The Provider also reserves the right to make full or partial use of third parties at any time to make LessonUp available.
7.5 The Provider is entitled to delete and/or to block certain Material (placed by the User/End User) without giving any reason for doing so, following a notice-and-take-down request received by it (using e.g. the ‘report-this-lesson-button’), for example if the Material does not correspond to the purpose of LessonUp or is in breach of these Conditions. See also clause 7.9.
7.6 The Provider cannot be held responsible for the quality, accuracy or legitimacy of the Material.
7.7 Certain elements of the Material, such as hyperlinks or inserted images or files, lead to external websites managed by third parties. The Provider is not responsible for the contents and functioning of these external websites, nor for the quality of any software, products or services offered in them, and does not accept any liability for them. The Provider's Privacy Statement does not apply to personal data collected via these third-party websites.
7.8 The Provider only offers LessonUp to the User/End User to create content and to make it available to each other. The Provider does not monitor the Material uploaded by the User/End User on LessonUp, nor does it endorse the User/End User Materials.
7.9 The Provider does not monitor or edit the Material that Users actively upload on LessonUp. The Provider reserves the right, upon receipt of a notice-and-take-down request, to delete or to edit any Material placed on LessonUp without prior notice to the User/End User, notwithstanding whether this, in the opinion of third parties, including the User/End User, is offensive, obscene, racist, defamatory, misleading, deceptive or otherwise inappropriate. If the User notices such content or User-content, the User can inform the Provider by making use of the ‘report-this-lesson-button’ or by sending an email to firstname.lastname@example.org.
7.10 The Provider will never approach pupils who use LessonUp for commercial purposes, nor will the Provider forward information about pupils to third parties.
7.11 The Provider is independent in the development and making available of LessonUp and has a certain degree of freedom in the realisation and making available of LessonUp. The Provider reserves the right to make changes to LessonUp at any time.
7.12 All lessons/Material on LessonUp, with the exception of tests, in principle, are visible and available to all other Users, unless you have indicated that it is private.
8.1 The Provider may choose to offer certain Services for a fee or license fee. The amount of the fee for LessonUp can be found in the rates published on the site.
8.2 The fee is set per year and includes VAT, unless specified otherwise. The Provider may choose to only offer Services upon receipt of an advance payment.
8.3 Payment of invoices must be made within thirty (30) days of the invoice date. Payments must be made without any setoff, discount or suspension.
8.4 If the User does not pay the amounts due within the period referred to in paragraph 3 of this clause, the User will – after being given notice of default – be liable to pay the applicable statutory interest on such amount due, and the Provider will – subject to the other rights to which it is entitled – be entitled to suspend the execution of the Agreement. If, after notice of default, the User continues to remain in default of paying the amount due, in that event the User is additionally obliged to pay the full fee for extrajudicial costs and collection costs.
9.1 The Provider is not liable for any direct or indirect loss or costs of the User/End User or any third parties, for whatsoever reason, resulting from the use of (parts of) LessonUp, including loss as a result of the inaccuracy or incompleteness of the Material or of errors or uses, unless the loss in question is caused by intent or deliberate recklessness of the Provider. If the Provider is held liable in any case, such liability is limited to once the annual fee due by the User/End User.
9.2 If the User/End User does not fulfil his/her obligations arising from the Conditions, the User/End User will be liable for any resulting loss for the Provider.
9.3 The User/End User indemnifies the Provider and all third parties engaged by the Provider against all claims from third parties in respect of all losses and costs arising in any way from the User's/End User's use of LessonUp, or by the User's/End User's failure to fulfil his/her obligations based on the Conditions.
10. Force Majeure
10.1 The Provider is not obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure. Force majeure is understood to include shortcomings of third parties engaged by the Provider, as well as disruptions or failures in the power and/or telecommunications facilities.
10.2 If the situation of force majeure lasts for longer than sixty (60) days, the User/End User has the right to terminate his/her Account without the Provider being obliged to refund any paid fees, nor being obliged to remunerate any other costs or losses.
11. Intellectual Property Rights
11.1 As a User / End User you are responsible for the Material you upload to LessonUp. See also Articles 4 and 6.
11.2 Placing the Material on LessonUp does not effect any transfer of Intellectual Property Rights. The Intellectual Property Rights in the Material uploaded by you as a User / End User remain with you or the right holder who licensed you to post the Material on LessonUp. Please note that you place the Material under a Creative Commons Attribution 4.0 license, see article 11.4. It is the User / End User's sole responsibility to obtain all necessary rights prior to posting the Material on LessonUp. For example, permission from any copyright owner (s) of the Material.
11.3 Provider is the exclusive owner of all Intellectual Property Rights in LessonUp, the Material it places and the metadata that it adds to the Material posted by User / End User, unless these are vested in our licensor. It is not permitted to copy, duplicate, trade or sell the Material, or to attempt to do so, unless we have given prior written permission for this.
11.4 Unless otherwise stated, the Material posted by User / End User is made available under the Creative Commons Attribution 4.0 License. The Intellectual Property Rights to LessonUp (as well as the way in which the Material is arranged and disclosed, the so-called metadata) are expressly excluded from the Creative Commons License as referred to in this paragraph.
12.1 The User is obliged to keep strict confidentiality of all information that it obtains in any manner whatsoever from the Provider with respect to commercial, strategic, technical data, know-how and/or other information related to LessonUp, and not to disclose anything about it and neither to give open access to third parties.
12.2 Derogations from the provisions of paragraph 1 of this clause may only be assumed if:
- i) the information was already in the possession of the receiving party before the date of disclosure by the issuing party;
- ii) it is available from a third party without this third party violating any confidentiality provision with respect to the issuing party by issuance to the receiving party;
- iii) it has been developed by the receiving party independently and without making use of the information from the issuing party;
- iv) it is derived from products that are freely available in the market without making any special effort, whereas the decompilation of software is at least considered as a “special effort”.
13.1 The Provider only processes personal data in compliance with the General Data Protection Regulation and other relevant laws and regulations concerning the protection of personal data. The Provider's Privacy Statement specifies which personal data is processed by the Provider. This Privacy Statement is available at: https://www.lessonup.com/en/privacy-en.
15. Right of withdrawal
15.1 The natural person who purchases a LessonUp license, including but not limited to the User, has the right to cancel the purchase of the license within fourteen (14) days of the purchase of such license. Cancelling the license within the reflection time is done using the contact form on the website, the withdrawal form of the Netherlands Authority for Consumers and Markets or by informing the Provider in another way that you want to cancel the purchase.
15.2 A User can use the LessonUp Pro license free of charge for thirty (30) days. As the trial period of this license is free, the User will owe nothing to the Provider during the trial period, but the User will neither be entitled to any refund on cancellation.
16. Applicable law and competent court
16.1 These Conditions and all Agreements between the Provider and the User/End User are exclusively governed by Dutch law.
16.2 Unless contrary to mandatory law, all disputes and claims arising out of or in connection with these Conditions and/or the Agreements must be submitted solely to the competent court in Amsterdam.
17. Contact details
The Provider wants to offer its Users the best possible service. If the User has any queries, remarks or suggestions, then contact can be made using the contact details below or via the chat function on the website. The Provider will try to respond to messages within five (5) working days.
2516 AH The Hague
Chamber of Commerce: 64760006