Apple Education Community Terms of Service

Membership

1. Participation or membership in the Site, Forum and Programs is intended for Apple users who are educators, are learning to become educators or are involved in an educational profession or setting.
2. You may not share, assign or transfer your access to the Site, Forum or Programs under this Agreement.
3. Certain Programs that can be accessed through the Site may have additional terms that users must accept in order to participate in the Program. These terms are not incorporated by reference into this Agreement, and users must accept these standalone terms in order to participate in the Programs.

Ownership of the Site; Agreement to the Terms of Use

1. Apple is the owner of the Site and provides you with the ability to enrol in and participate in the Programs. As long as you comply with this Agreement, Apple grants you a personal, non-exclusive, non-transferable limited privilege to enter and use the Site.
2. In addition to the terms and conditions in this Agreement, all use of the Site is governed by the apple.com Terms of Use (apple.com/ca/legal/terms/site.html).
3. In the event of any conflict between this Agreement and apple.com/ca, the terms of this Agreement shall govern.
4. To participate in the Forum and the Programs, each user must have a unique user name and password combination, known as an Apple Account. You may use a consumer Apple Account or a Managed Apple Account provided by your Apple School Manager or Apple Business Manager institution (Institution) to register for the Site. Managed Apple Accounts are owned and managed by your Institution. Your use of a Managed Apple Account on this Site is subject to the terms of the Apple School Manager Agreement (available at school.apple.com) or Apple Business Manager Agreement (available at business.apple.com) and any additional terms and conditions set forth by your Institution. In addition, your Institution may disable or delete your Managed Apple Account at any time, resulting in your loss of access to this Site and any benefits or awards you may have accrued. For additional information on using a Managed Apple Account to register for the Site, please review education.apple.com/get-help. To find out more about Managed Apple Accounts, please review About Managed Apple Accounts for Education (support.apple.com/guide/deployment/depdc4ba8d82/web) or About Managed Apple Accounts for Business (support.apple.com/en-ca/HT210737). To find out more about the security features of Managed Apple Accounts, please review the Apple Platform Security overview (support.apple.com/en-ca/guide/security/managed-apple-id-security-sec049674014/web).
5. Apple reserves the right to suspend or remove you from the Forum or the Programs, remove any Content that you have posted or shared, or terminate your access to the Site at any time in its sole discretion, without notice to you unless otherwise required by law, for any reason, including but not limited to inappropriate or disrespectful behaviour or any of the reasons set out in section K.3 of the Agreement. The Forum, the Programs, the Site, the Site’s features or sections of the Site may not be available in all languages or in all countries, and Apple makes no representation that the Site, its features or its sections (including any products or services referenced or provided through the Programs) is appropriate or available for use in any particular location. Any offer for any feature, product or service made on the Programs or the Site is void where prohibited.

Prohibited Site and Program Activities

You agree that you will not:

1. Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Apple server, by hacking, password mining or any other illegitimate means;
2. Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
3. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Apple’s systems or networks, or any systems or networks connected to the Site or to Apple;
4. Pretend to be anyone, or any entity, that you are not; you may not impersonate or misrepresent yourself as another person or otherwise misrepresent your affiliation with a person or entity;
5. Upload, download, post, transmit, share or otherwise make available any Content that is or may be considered to be unlawful, harassing, threatening, bullying, harmful, humiliating, age inappropriate, tortious, defamatory, libellous, abusive, violent, pro-terror, obscene, vulgar, sexually explicit, inappropriate, exploitative, invasive of another’s privacy, hateful, racially or ethnically offensive or otherwise objectionable, or Content that violates the Forum Guidelines;
6. Upload any Content that is misleading, deceptive, unsubstantiated or false;
7. Upload any Content that amounts to unconscionable Content;
8. Livestream or share any livestream that contains objectionable Content;
9. Decompile, decrypt, reverse engineer, disassemble or attempt to derive the source code of the Site or any portion thereof;
10. Rent, lease, loan, sublicense, publish, transfer, sell, market, advertise or redistribute access to or use of the Site or Programs, or any portion thereof, in any manner;
11. Engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment or non-disclosure agreement;
12. Upload, post, transmit, store or otherwise make available any Content or other material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Site or Programs (or any part thereof) or of any other computer software or hardware;
13. Combine, sell, redistribute, reproduce, modify, translate or create a new product or derivative work of the Site, the Programs or any portion thereof;
14. Use our Site or Programs to advertise, sell or market products or services to others;
15. Interfere with or disrupt the Site (including accessing the Site through any automated means, such as scripts or web crawlers) or Programs or any servers or networks connected to the Site, or breach any policies, requirements or regulations of networks connected to the Site (including using the Site or Programs to carry out any unauthorized access to, use of or monitoring of data or traffic thereon);
16. Harass, abuse, bully, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, or use the Forum, Site or Programs in a way that promotes, encourages or makes available information concerning self-harm or suicide, and you acknowledge that Apple is not in any way responsible for any such use or misuse by you; and
17. Plan or engage in any illegal activity using, involving or relating to the Site or the Programs

Content and Submission Guidelines

1. The Site may display, include or make available Content, which shall include but not be limited to quizzes, statistics, written text, graphics, lesson plans, presentations, attachments, photographs, music, images, sounds, effects, videos, messages, apps, code and other like materials (Content). Content for the Site may be created, produced, generated and/or shared by Apple, third parties or Site users.
2. To submit Content, earn badges or collaborate with others in the Site, you must:
   1. Have an Apple Account. For more information about Apple Accounts, please visit Apple Account Support (account.apple.com).
   2. Comply with the terms of this Agreement.
   3. Follow the Content submission guidance in Forum Guidelines (education.apple.com/resource/250009673).
3. Apple retains the right, but not the responsibility, unless otherwise required by law, to review any Content, questions, statements, documents or other materials that are linked, posted, uploaded, submitted, commented on or otherwise shared by users on the Site or Programs (each a “Submission”). Apple will make a good faith effort to investigate Submissions that are suspected to violate this Agreement (including the Forum Guidelines) or applicable law, or which Apple is obligated to edit, remove and/or disable by court order or another legal requirement of a competent authority. Apple may otherwise investigate Submissions of its own initiative and reserves the right to take action in response to a violation, including to edit, remove and/or disable Submissions deemed by Apple to violate this Agreement (including the Forum Guidelines) or applicable law. However, unless required under applicable law, Apple (a) makes no warranty or guarantee to you that it will edit, remove or continue to permit the display of any specific Submission, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing or continuing to permit the display of any Submission whatsoever. To appeal a Content review decision, please email education-community@apple.com.
4. Apple may respond to Community-related questions in the Site (support.apple.com/en-ca/apple-teacher) but will not provide technical support for Apple products or apps, which is handled by AppleCare. If you have trouble signing up for or signing in to the Site, AppleCare service and support can help.
5. If you provide any ideas, suggestions or recommendations on this Site regarding Apple’s products, technologies or services (Feedback), Apple may use such Feedback and incorporate it in Apple products, technologies or services without paying royalties and without any other obligations or restrictions.
6. If you believe that any Content made available through the Forum, Site or Programs violates these Terms or the Forum Guidelines and you would like to report the violation or make a complaint to Apple, please email education-community@apple.com.

In Australia, you may also make a complaint to the Australian eSafety Commissioner. eSafety’s reporting forms are available at www.esafety.gov.au/report.

Third-Party Content and Acknowledgments

To the extent that the Site may display, include or make available Content from third parties (Third-Party Content) or provide links to certain third-party websites, Apple makes no representation that any Third-Party Content posted on the Site is appropriate, accurate or available for use. If you choose to use or access Third-Party Content, you do so at your own risk and are responsible for compliance with any applicable laws, regulations, terms and other requirements. By using the Site, you agree that Apple is not responsible for examining or evaluating the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Content or websites, unless required by law. Apple and its officers, affiliates and subsidiaries do not warrant, endorse, assume responsibility for or have any liability to you or any other person for any third-party services, Third-Party Content or websites, or any other materials, products or services of third parties that users post on the Site. Certain Programs and Third-Party Content may not be available in all languages or in all countries or regions.

Licence Grants

1. To the extent that Apple provides you with templates and other materials to assist or enable your participation in the Programs (Apple Learning Materials), Apple hereby grants you a non-exclusive, royalty-free, non-transferable right and licence during the term of this Agreement and your participation in the Programs to internally use, reproduce and distribute the Apple Learning Materials for the sole purpose of participating in the Programs. However, if an Apple Learning Material is accompanied by its own set of licensing terms (for example, sample code licence), then those specific licensing terms shall govern your use of that Apple Learning Material.
2. Apple retains all ownership rights to, titles to and interest in Apple Learning Materials, the Programs and the Site, including without limitation all graphical designs, names, icons, user interfaces and other design elements; the selection, ordering and arrangement of materials therein; and the “look and feel” thereof.
3. By posting a Submission or otherwise providing Content in connection with your use of the Site or the Programs, you hereby grant to Apple and its authorized agents, contractors, Site and Program members, users and/or participants a perpetual, royalty-free, non- exclusive worldwide right and licence to use, reproduce, modify, publish, translate, distribute, perform, play, make available to the public and exercise all copyright and publicity rights necessary to provide the service. If you do not want to grant Apple the rights set out above, do not send or upload your Submission or Content on the Site.

Communications

1. By using this Site and participating in the Programs, you agree to receive certain communications from Apple in connection with the Site or Programs. Apple may choose to contact you through the Site or attempt to contact you outside the Site by telephone, email or another method of communication. For example, you may receive an email to remind you to sign in if you have not visited the Site for a certain period of time; to notify you of new quizzes, features or other Content available on the Site; or to survey you about improving the Programs. You can opt out of communications on your Profile page under Membership Settings.
2. You may not use Apple logos or marks except in accordance with Apple guidelines for third- party marks usage, found on the Apple website. Guidelines on use of the Apple Teacher logo are found on the Site. Guidelines on use of other Program logos are found in the related member areas for each Program. Questions about public discussions and posting should be directed to education-community@apple.com.

Trademarks and Trade Names

1. When you have fulfilled the requirements for Apple Teacher recognition, during the term of this Agreement, Apple grants you a non-exclusive, non-transferable, not sublicensable, revocable, royalty-free licence to use and display the Apple Teacher logo, subject to the Apple Trademark Guidelines. These guidelines can be found at apple.com/legal/trademark/guidelinesfor3rdparties.html and may be amended from time to time. You will be provided with Specific guidelines for use of the Apple Teacher logo through the Site once you fulfil the Apple Teacher requirements.
2. Apple, the Apple logo and other Apple trademarks, service marks, graphics and logos used in connection with the Site and Programs are trademarks or registered trademarks of Apple in the US and/or other countries. Other trademarks, service marks, graphics and logos used in connection with the Site or Program may be the trademarks of their respective owners.
3. You agree that the Site, graphics, user interface, audio clips, editorial content and the scripts and software used to implement the Site and Programs, including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any Apple Content, contain proprietary information and material that is owned by Apple and protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Site or Programs in compliance with the Agreement. No portion of the Site may be reproduced in any form or by any means, except as expressly permitted in the Agreement. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or Programs in any manner, and you shall not exploit the Site or Programs in any unauthorized way whatsoever, including but not limited to by trespass or burdening network capacity.

Privacy

When you register for the Site, your Apple Account and the information you provide, such as your school, city, state and country or region, will be used to create your Community profile and provide a personalized learning experience. If the Forum is available in the country or region associated with your Apple Account, and you choose to participate in the Forum by posting text, images, videos or attachments, Apple may review your Content using Apple and third-party technologies to enforce the Forum Guidelines. If the Content you post or access in the Forum includes embedded links to third-party services, data such as your IP address and browser information may be shared with the third-party services. Apple may use cookies and other technologies within the Site. Such cookies enable us to maintain your session and to personalize your experience on the Site, help us measure the effectiveness of the Site and improve user experience. Cookies are removed if you explicitly sign out. Otherwise, the cookies will persist on your browser. However, the cookies do not track any information related to your browsing activity or actions on other sites. For more information, visit www.apple.com/ca/legal/privacy/data/en/education-community.

Term and Termination

1. You may terminate this Agreement for any reason and at any time upon notice to Apple.
2. You may end this Agreement with Apple at any time by deleting your Apple Education Community account. For instructions on how to delete your account, visit education.apple.com/resource/250009692 or apple.com/ca/legal/privacy/data/en/education-community.
3. Apple may suspend or terminate your account or cease providing you with access to all or part of the Site at any time, without notice (unless required by law) and with immediate effect, where Apple reasonably believes that (a) you materially or repeatedly have breached this Agreement, (b) Apple is required to do so to comply with a legal requirement or court order, (c) Apple reasonably believes that there has been conduct that creates (or could create) liability or harm to any user, other third party or Apple, or (d) you have breached the Forum Guidelines.

Miscellaneous

1. Modification of Agreement. Apple reserves the right, at its sole discretion, to change, modify, add or remove provisions of the Agreement at any time and to modify, suspend or discontinue the Site or Programs (or any part thereof), either temporarily or permanently, at any time without prior notice to you unless otherwise required by law. Any changes to the Agreement shall prevail over the terms accepted upon your first access of the Site. You acknowledge and agree that your continued use of the Site or Programs after the Agreement has changed constitutes your acceptance of the Agreement as revised. Apple will notify you of material changes by posting the change on the Site and requiring you to reaccept the Agreement. Such changes will be effective immediately upon posting. You acknowledge and agree that Apple shall not be liable to you or any third party for any modification or cessation of the Programs.
2. Force Majeure. Neither party will be liable to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences or causes beyond the control and without negligence of the parties. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, and fire and explosions, but the inability to meet financial obligations is expressly excluded.
3. Waiver. Any waiver of the provisions of this Agreement or of a party’s rights or remedies under this Agreement must be in writing to be effective. Failure, neglect or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time will not be construed as a waiver of such party’s rights under this Agreement, and it will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party’s right to take subsequent action. No exercise or enforcement by either party of any right or remedy under this Agreement will preclude the enforcement by such party of any other right or remedy under this Agreement or that such party is entitled by law to enforce.
4. Limitation of Liability.
   1. You understand and agree that the Site and Programs are provided to you on an “AS IS” and “AS AVAILABLE” basis and that Apple does not make any specific commitments or warranties, guarantees or conditions about the Site and/or Programs.
   2. Except where prohibited by law, in no event will Apple be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, or for any lost profits, even if Apple has been advised of the possibility of such damages or losses. This includes if and/or when Apple deletes your Content, information or account.
   3. If, notwithstanding the other provisions of this Agreement, Apple is found to be liable to you for any damage or loss that arises out of or is in any way connected with your use of the Site or your participation in the Programs, Apple liability shall in no event exceed USD 100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
   4. Nothing in this Agreement shall limit or exclude either party’s liability for (i) fraud; (ii) death or personal injury caused by its negligence; (iii) any breach of any implied term that Apple has title to the Site and Programs, or any analogous laws under applicable law and (iv) any other liability that cannot be excluded or limited by applicable law.
5. Governing Law; Dispute Resolution. In the event of any controversy or dispute between Apple and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. You agree that in that event, all disputes will be resolved in the state and federal courts in Santa Clara County, California, US, agree to the personal jurisdiction of that venue and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply to the extent that you are a consumer based in the European Union. To the extent that you are a consumer based in the European Union, you may make a claim in the courts of the country or region where you reside. Any claim under this Agreement must be brought within three (3) years after the cause of action arises or such claim or cause may be deemed barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney fees.
6. Severability. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
7. Choice of Language (Canada) The parties to this Agreement confirm that it is their express wish that this Agreement and all other documents, terms, conditions, policies, and notices relating hereto have been and shall be drawn up in the English language only. The parties to this Agreement agree that they have had the opportunity to review the French version of this Agreement before reviewing the English version. Les parties au présent Accord confirment qu'elles souhaitent expressément que le présent Accord, ainsi que tous les autres documents, termes, conditions, politiques et avis relatifs aux présentes, ont été et seront rédigés en langue anglaise uniquement. Les parties au présent accord conviennent également qu'elles ont eu l'occasion d'examiner la version française du présent accord avant d'examiner la version anglaise.

If you have any questions, please let us know. Contact us by email at education-community@apple.com.