Terms and conditions
1. Acceptance of Terms; the Service
Claned® is a web-based, personal learning environment developed and owned by Claned Group Oy Ab, a Finnish limited liability company with business ID 2422442-0, having its registered address at Hietalahdenranta 11 A 8, 00180 Helsinki, Finland (“Claned Group”, “we”, “us”).
Claned is designed for an educational user experience for, by and with users typically being students or employees of an educational institution, company or a similar party. In addition to its features as an educational collaboration tool around digital content in a digital environment, Claned features learning analytics and educational data mining to build analysis, predictions and recommendation to its users based on their interactions within the application.
You further affirm that you are over the age of 13, as the Service is not intended for children under 13, except for as allowed in certain jurisdictions and separately permitted by Claned Group.
In addition to certain terms defined throughout the Terms, the following definitions will be used the Terms:
“Administrator” shall mean a Claned User assigned with administrator user rights pursuant to the Terms operating on behalf of an Educator.
“Board(s)” shall mean subject-specific forum boards within Claned on which the user experience mainly takes places and on which Claned Users may collaborate and add content.
“Claned Account” shall mean your personal user account, which you have opened and registered pursuant to the Terms to be a Claned User.
“Claned User(s)” shall mean any user of Claned having open a Claned Account and registered as user of the Service.
“Collaboration Notes” shall mean your or other Claned Users’ communicational interactions on the Boards consisting of highlighting of content, likes, comments and other possible collaboration tools as available from time to time within Claned.
“Educator” shall mean an entity within Claned, such as an educational institution, company or a similar party, to which Learners, Instructors and other Claned User maybe connected.
“Instructor” shall mean a Claned User connected to an Educator and assigned with instructor user rights pursuant to the Terms.
“Learner(s)” shall mean a Claned User not assigned with extended user rights, typically being a student, employee or other user wishing to use Claned.
“User Content” shall mean (a) Collaboration Notes by Claned Users and (b) material, such as course assignments, notes, articles and other similar content produced by Claned Users.
“Third-Party Content” shall mean any content produced by third parties, such as books, articles, presentations, video, audio files and other material, which is or may subject to copyright and/or other intellectual property rights.
3. Right to Use the Service
Subject to your acceptance of these Terms, Claned Group gives you a limited, non-exclusive, nontransferable and revocable license right to use the Service for your private and educational purposes. This right is for the sole purpose of enabling you to enjoy the benefits of the Claned service as permitted by these Terms.
You also acknowledge that Claned Group reserves to right to disable or restrict your access to the Service at any time.
The Service is subject to applicable copyright and other intellectual property laws. All title, right and interest in and to the Service and any other products and services provided to you by Claned Group is at all times retained by Claned Group and its licensors.
You may not, unless this expressly permitted or required by law, copy, modify, distribute (including by framing any of the Services on any web site), enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services; decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code; make derivative works of the Services; or modify another website so as to falsely imply that it is associated with the Services, Claned Group or any other Claned Group products or services.
You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.
You hereby represent and warrant that you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms with respect to your submitted content and that Claned Group shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your submitted content as authorized in these Terms or have any liability to you or any other party as a result of any use or exploitation of your submitted Content as authorized in these Terms.
Claned Group reserves the right to modify the Service and/or discontinue it in whole or in part at its sole discretion without prior notification.
4. Opening of a Claned Account
You must provide Claned Group with accurate and complete information when you create a Claned Account or thereafter and undertake to keep such information up to date. A Claned User is required to provide Claned Group with a valid email address.
A legal entity may also register as a Claned User provided that it is represented by a natural person with the authority to act on behalf of the legal entity. When opening an Claned Account on behalf of an Educator, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and also that you are authorized to agree these Terms on the Educator’s behalf.
You are allowed to create and use only one Claned Account. Your Claned Account and the assigned user ID to that account shall only be used personally by you at any given time. A single login shared by multiple people is not permitted. You are responsible for your passwords and the information and content you share and provide. Do not share your account and/or password information with anybody.
5. Different User Roles Within Claned
Although Claned Users are typically students or employees (i.e. Learners) of an Educator they are connected to, Claned can also be used without such connection. Anyone registering to Claned via the registration available online becomes a Claned User. The following is a description on the user rights and features in the capacity of different Claned Users:
Capacity as Learner:
As a Learner you are able to:
- Interact with other Claned Users and content with Collaboration Notes as permitted by Board settings
- Create Boards, which can be personal, shared or public
- Invite other Claned Users to your shared Boards
- Add, upload and/or link User Content and Third-Party Content to the Boards as permitted by Board settings
- Use other features as available from time to time
Capacity as Instructor:
In your capacity as an Instructor you are able to
- Do everything a Learner can do
- Invite other Instructors connected to the same Educator to a Board to as act as Co-Instructors (“Co-Instructor(s)”)
- View and Access Personal Learning Analytics and Group Reference Analytics regarding Learners who are connected to the same Educator as you are and who have been invited to a Board created by you or a Co-Instructor.
- Use other features as available from time to time
Your extended user rights as Instructor are assigned to you by an Administrator on behalf of the respective Educator you are connected to.
Capacity as Administrator
As an Administrator you are able to
- Do everything a Learner can do
- Assign Instructors with instructor user rights
- Invite existing Claned Users to connect to an Educator
- Invite potential new Claned Users to sign up for Claned and to connect to and Educator
- Add and delete tags to content within Claned
Your extended user rights as an Administrator are assigned to you by Claned Group upon request.
6. User Content and Learning Data
In connection with your use of the Service, you will submit certain profile information to us and you may be able to add, upload and/or link User Content to the Boards. You retain all intellectual property rights you may have to such User Content and Claned Group does not claim title or ownership to such User Content through your use of the Service or otherwise.
By submitting User Content or Third-Party Content to the Boards, you agree not to submit any content that
- Contains sexually explicit content or pornography;
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
- Violates any law.
You also warrant that your User Content does not infringe the proprietary rights of a third party.
If Claned Group becomes aware of above mentioned content, it can report to the appropriate authorities and delete the Claned Accounts of those involved with the distribution
You agree that User Content within Claned is meant for your educational experience and thus is generally not meant to be disclosed outside Claned.
7. Third-Party Content
The Boards may contain links to or content from third-party sources and the use of such content may be subject to other terms and conditions and privacy policies than those of Claned Group. Because the use of such content does not involve Claned Group, Claned Group encourages you to review the terms and conditions that apply to your use of such content.
When you add, upload and/or link Third-Party Content to a Board, kindly note that it is your sole responsibility to ensure that such use of any Third-Party Content by you does not infringe any intellectual property rights of any third parties.
8. Changes and Termination
Claned Group may change these Terms by posting an updated version to the Service, so please review them on a regular basis. Should Claned Group introduce changes that have a material adverse effect on you, Claned Group will inform you when you start using the Service next time. Your continued use of the Service constitutes your acceptance of the modified Terms.
Upon any termination of the Service or deletion of your Claned Account these Terms will also terminate, but Section 3. (“Right to Use the Service”) and Section 8. (“Changes and Termination”), 9. (“Disclaimer and Limitation of Liability”), 10. (“Indemnification”), and 11. (“Other Terms”) shall survive the termination. In case you cease to use the Service or delete your Claned Account, our rights to use your [content] will remain as defined in the Terms.
9. Disclaimer and Limitation of Liability
Claned Group may change the Service at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, shall be subject to these Terms. Claned Group may also stop (temporarily or permanently) providing the Services (or any part of the Services) to you or to its customers generally without prior notice.
The Service is provided on an “as is” and “as available” basis. You acknowledge and agree that the use of the Service including any and all decisions made by you based on such use is at your own risk. Claned Group does not guarantee that the Service is error-free or available at all times and makes no warranties as to the accuracy or reliability of the contents of the Service. Claned Group expressly disclaims to the fullest extent permitted by law all express and implied warranties relating to the Service, such as the warranties of title, non-infringement, merchantability or training for a particular purpose.
Claned Group is at no circumstances liable for any direct, indirect, incidental, special, punitive or consequential damages caused by or arising out of the use of the Service, including but not limited to loss of data and even if Claned Group has been advised of such possibility. To the fullest extent permitted by law, the maximum liability of Claned Group shall at all times be limited to the actual price paid by you to Claned Group for the use of the Service or 100 EUR, whichever lower.
You agree to indemnify and hold Claned Group and its affiliated companies and contractors harmless from and against any and all loss and damage suffered as a result of a third party claim, suit or action relating to: (i) of your breach of these Terms; (ii) your use of the Service; (iii) your User Content. In such case, Claned Group will provide you with a written notice.
11. Other Terms
The Agreement does not limit any rights that you may have under mandatory legislation in your country of residence.
If any provision of the Agreement is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable and without affecting the remaining provisions of the Agreement.
Claned Group may assign the Agreement in whole or in part to its parent or subsidiary companies or in connection with a merger or business acquisition.
13. Compliance with Laws
You shall use the Service in accordance with all applicable laws and regulations, including laws and regulations designed to protect against the unauthorized use and disclosure of personally identifiable information. Each party shall comply with the laws and regulations of Finland and other applicable jurisdictions.
14. Governing Law
The Agreement and your use of the Service is governed by the laws of Finland, excluding its choice of law provisions. Contact If you have any questions or comments regarding these Terms or the Service, please contact us at email@example.com.
Entire Agreement and Severability. These Terms constitute the entire agreement between you and Claned Group and may be amended only by a written document executed by both parties (“Agreement”). This Agreement does not limit any rights that you may have under mandatory legislation in your country of residence. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable and without affecting the remaining provisions of this Agreement.