Our mission at Pathwright is to multiply the impact teachers have on the world. In order to do that, we know it’s essential to keep your trust and the trust of your students and staff when it comes to keeping everyone's use of Pathwright as free from unnecessary risk or potential harm as reasonably possible.
With that in mind, we (meaning the Pathwright education software platform and its owner, DUO Interactive, LLC–collectively referred to as “Pathwright”), require these terms and conditions governing your use of Pathwright.
Note that a violation of any of the terms below may result in the termination of your account, so please review them carefully.
- When you sign up for a new Pathwright account in order to create and/or teach courses, offer subscriptions, and more under your own url and organization name, we ask for your name, email address, and organization name as an “Owner Account.”
When you sign up as as a learner, teacher, or any other non-owner role (a “Member Account”) we ask for your name and email address which is used on your profile and as your login username.
Collectively, we refer to Owner Accounts and Member Accounts as “Accounts.” Unless otherwise stated, all terms below apply to your Account. When you create an Account, you must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your Account and password. Pathwright cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your Account. As an Owner Account, you are responsible for all content posted and activity even when it is posted by Member Accounts who have their own logins under your Account.
- You may not use the Pathwright for illegal purposes or violate any laws in your jurisdiction including, but not limited to, copyright laws.
- Your login may only be used by one person and may not be shared by multiple people.
- You must be aged 13 years or older. If you are 13 or older but under the age of 18, review this agreement with your parent or legal guardian and obtain explicit permission to use Pathwright.
- You must be human. Accounts created using “bots” or other automated methods are not permitted.
- Use of Pathwright requires personal computers and devices, Internet access and up-to-date, modern web browsing software. You agree these requirements, which may change from time to time, are your responsibility. You’re responsible for all internet service fees and equipment costs associated with your access to and use of the Pathwright.
Copyright & Intellectual Property
- All content you create or post in Pathwright must comply with U.S. copyright law.
- Your content remains yours. Pathwright claims no intellectual property rights over the content you create or post within Pathwright.
- Use or purchase of content within Pathwright does not transfer to you any commercial or promotional rights to use the content unless such permission is granted to you by the copyright owner. Copying, exporting, downloading, and print capabilities may be available as a convenience to you but do not constitute a grant, waiver, or other limitation of any rights of the copyright owners over any content embodied within Pathwright.
You agree not to modify, sell, distribute, or create derivative works based on content you access from an Account Owner or Pathwright in any manner whatsoever without permission from the copyright owner.
- You retain all of your ownership rights in the content you create Pathwright. In order to deliver your content in Pathwright to your Account Members, we need a special license from you:
The above licenses granted by you will automatically terminate when you remove your content from Pathwright or close your Account.
- Certain content and features made available within Pathwright may include materials and/or functionality from third party services embedded or otherwise included or another Account. Pathwright is not responsible for examining or evaluating the content or functionality from third-parties and does not warrant and will not have any liability or responsibility for any third-party materials or code, or for any other products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Pathwright is not in any way responsible for any such use.
Objectionable or Infringing Content
- Pathwright does not endorse any content created by any Account Owner or other licensor, or any opinion, recommendation, or advice expressed therein, and Pathwright expressly disclaims any and all liability in connection with any content delivered in Pathwright. Pathwright does not permit copyright infringing activities and infringement of intellectual property rights, and Pathwright will remove all content or portions thereof if properly notified that the content infringe on another's intellectual property rights. Pathwright reserves the right to remove this content or portions thereof without prior notice.
- You acknowledge that by using Pathwright, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. You agree to use Pathwright at your sole risk and Pathwright shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
- If you are a copyright owner or an agent thereof and believe that any of the content on hosted within Pathwright infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our the following information in writing, to email@example.com.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Failure to comply with all of the requirements of this section may result in your DMCA notice being deemed invalid.
Owner Account Billing Terms
- The amount due for usage of a Pathwright Account you own shall be specified in the corresponding plan you signed up for or by a separate, mutually signed agreement between you and Pathwright for the usage levels specified. If you fail to pay the agreed price for your plan or fees agreed to for additional usage, your account may be paused and made inaccessible to you and your Account Members until payment is made.
- If you upgrade or downgrade your plan, you’ll be charged a new rate in the next billing cycle. Downgrades will not be prorated in between billing cycles.
- Downgrading your Account plan may result in a loss of features included on your previous plan. Pathwright cannot and will not be liable for any such loss of features.
- You are wholly responsible for covering costs related to refunds, price discounts and user fee disputes directly related to the sale of any of your content within your Pathwright account and the accessibility thereof to your customers.
Modification to Functionality & Prices
- Prices of all plans paid monthly are subject to change upon 90 days notice from us, unless otherwise noted in a separate agreement such. Such notice may be provided at any time by posting the changes to the price or plan features to the Pathwright website or within Pathwright itself. Pathwright shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the services.
- Pathwright will make all reasonable effort to give Owner Accounts 30 days advance notice before discontinuing any substantial feature of Pathwright that significantly impacts your use of Pathwright or the use thereof by your Member Accounts. If Pathwright changes any part of or discontinues all or any part of Pathwright, which it may do at its election, you acknowledge and agree that you may not be able to use Pathwright to the same extent as prior to such change or discontinuation, and that Pathwright shall have no liability to you or third parties in such case.
Cancellation & Termination
- Account Owners are solely responsible for properly canceling an account. Requests to cancel your account not received via our in-app messenger or an email to firstname.lastname@example.org are not considered cancellation.
- Pathwright has the right, but not the obligation, to monitor any content and materials submitted by you, to investigate any suspected violations of this Agreement, and to take any action that Pathwright, in its sole discretion, deems appropriate.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Pathwright customer, employee, or officer will result in immediate account termination.
- Notwithstanding any other provision of this Agreement, Pathwright reserves the right to change, suspend, remove, or disable access to any Pathwright Account, content, or other materials or data hosted within Pathwright at any time without notice. You agree that in no event will Pathwright be liable for making these changes or imposing limitations.
- Owner Accounts may, at their sole description, remove content, access, materials, and any other data associated with an Account Member in accordance with their own policies.
- This Agreement constitutes the entire agreement between you and Pathwright and governs your use of Pathwright and content within Pathwright.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. All remaining portions of the Agreement shall remain in full force and effect.
- Any additional professional services provided to you by Pathwright (such as course design or consulting) are subject to additional terms specified in a separate agreement between you and Pathwright.
- You must not modify, adapt, or hack Pathwright.
- A failure by Pathwright to enforce any right or provisions in this Agreement does not constitute a waiver of such right or provision.
- You understand that Pathwright uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Pathwright.
- We reserve the right to temporarily disable your account or restrict your usage if your usage significantly exceeds the average usage of other Pathwright accounts. Before taking such action, we’ll notify the account owner except in rare cases where the usage level may negatively impact the performance of the Pathwright for other accounts.
- You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of Pathwright.
South Carolina law governs all transactions concerning Pathwright, without giving effect to its conflict of law provisions. Your use of Pathwright may also be subject to other laws.
You expressly agree that exclusive jurisdiction for any claim or dispute with Pathwright or relating in any way to your use of Pathwright belongs in the courts of South Carolina.
- Pathwright does not guarantee, represent, or warrant that your use of Pathwright (i) will meet specific requirements or your expectations of results or quality, (ii) be uninterrupted, error free, secure, or timely (iii) any errors in Pathwright will be corrected in any specific time frame.
- You expressly agree that your use, or inability to use Pathwright is at your sole risk. All features used and content delivered to you through Pathwright are provided “as is” and “as available” for your use without warranties of any kind, either express or implied, including implied warranties of merchantability and fitness for a particular service.
- In no event shall Pathwright, Account Owners, or other content providers be liable for damages whatsoever arising from your use of Pathwright or content within Pathwright or for any other claim related in any way to your use of Pathwright, including, but not limited to any errors or omissions in content, or any loss or damage of any kind incurred as a result of the use of any features, content, or other materials made available through Pathwright.
- Because some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for damages, in such jurisdictions, Pathwright’s liability shall be limited to the extent permitted by law.
- You agree to indemnify and hold harmless Pathwright and it’s Account Owners with respect to any claims arising out of your breach of this agreement, your use of Pathwright and/or any content within Pathwright, or any action taken by Pathwright as part of an investigation of a suspected violation or as a result of finding that a violation of this agreement has occurred. You expressly agree that you cannot sue or recover any damages from Pathwright or it’s Account Owners as a result of a decision to remove or refuse to post any material or content, to warn you, or to suspend or terminate your access to Pathwright and any content within Pathwright. This waiver of indemnity provision applies to all violations described in or contemplated by this agreement.
- Pathwright may notify you with respect to any and all matters concerning Pathwright by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by posting on Pathwright. All such notices shall become effective immediately.