Terms & Conditions

Klassly application

The version of the 12th of May 2022

The present general conditions describe the conditions under which the company Klassroom SAS, 10 rue de Penthièvre 75008 rue de Penthièvre Parius 8 Paris (hereafter, Klassroom), offers its Klassly application.

They define your rights and obligations as a User of the services offered by Klassroom on its Application.

We invite you to read them carefully before using them.

1. Definition

Subscription or Membership: this means the periodic contract to which the Local Authority, the School, the Teacher, the Administration, or the Parent subscribes per Class to benefit from the services offered by Klassroom.

Klassly Prime subscription: means a paid subscription taken out for a period of one (1) month, automatically renewable until it is cancelled, or for a period of one (1) calendar year from the date of subscription, automatically renewable, giving access, for the duration of the said Klassly Prime subscription, to all of the paid services described in article 4.2 of these General Terms.

Klassroom Pro subscription: means a paid subscription is taken out for the duration of the school year in progress on the day it is purchased by the Local Authority, the School, the Teacher, or the Administration wishing to pay the cost of the Klassroom subscription for the class.

Administrator: means the natural person(s), Teacher or User member of the Administration, to whom the Owner grants administration rights to the Class.

Management: means the school that has created an Account.

Application: means either the Mobile Application and/or the Web Application.

Mobile application: means the Klassly mobile application published and provided by Klassroom is available for download on the following mobile application download platforms: App Store for the iOS system, Google Play Store for the Android system and on which the Services are offered.

Web application: means the Klassly web application published and supplied by Klassroom, which is available on the Site and on which the Services are offered.

Class: means the class created by the teacher-owner on the Application and whose identifier (Class Key) is forwarded to Parents or Students or other Teachers or authorised Administration staff under the sole responsibility of the teacher-owner.

Account: means the User's account, whether they are a Parent, Teacher, or Administration, created under the conditions described in Article 3.2 below and enables the User to access all the Application features.

Contents: means any content, such as a message, comment, photo, image, video, text, SMS, or reaction (emoticon) made available by a User on the Application.

Local authority: refers to a set of Establishments.

General terms and conditions: These terms and conditions or any subsequent version thereof are intended to define the terms and conditions of use and sale of the Application.

End of Class Date: means the end date of the Class specified at the time the Class was created by its Owner.

Application: means any message designated in the Application by pictograms (such as late, absence, information to be passed on, question or request for an appointment) enabling the Parent or Close Relative to inform the Teacher or the Management of an event concerning the Student.

Student: means a student who is part of a Class and whose Parent or Relative has created an Account and completed the Student Profile.

Establishment: means a school, whether private or public or a company, association or local authority offering extracurricular activities.

Parent or relative means a parent or relative of a student who has created an Account. The term "Parent" is used equally to refer to a parent or relative of a Student.

Teacher: means the teacher of one or more Classes who has created an Account.

The owner: means the Teacher or User member of the Management who has created one or more Classes.

Profile: means the profile of any User, whether a Parent, Teacher, or Management member, which consists of the User's identifiers (telephone number, username, email address, and password for the web version) and the detailed information related to his or/her capacity (surname, first name and Class of the Pupil for the Parent; Classes managed for the Teacher).

Student Profile: this means the Student's profile is entered by the Parent and attached to the Parent's Account.

Data controller: means (i) for primary schools, the Head of the National Education Department, or the Head of the Academy; for secondary schools, the Head of the school (ii) Klassroom concerning the processing of data relating to Users, Parents or Pupils of a School other than a public school.

Services: means the free and/or paying Services made available to Users with or without a Subscription as described in article 4 of these General Terms and Conditions.

Site: means the website published by Klassroom is available at klass.ly

User: means any natural or legal person who has downloaded the mobile Application or used the web Application, who has access to the functionalities and services offered by the Application and who has accepted the General Terms and Conditions by using the Application and/or creating an Account under the conditions set out in Article 3.2 below.

2. Description of the Application

The Application is a mobile communication platform between Parents/Relatives and Teachers, enabling, in particular, parameters specified by the Owner:

- Teachers to simultaneously inform all parents of students in the same class about activities or information about the class by sending messages, photos, videos, events, locations, audio messages and documents;

- Parents to inform teachers of any event concerning their child (lateness, absence, etc.) through Requests or to exchange with them through the private chat;

- Parents to communicate with each other through the private chat;

- Parents to print a Klassbook.

3. Use of the Application

3.1. Acceptance of the General Conditions

The General Terms and Conditions come into force on the date of their publication online and apply from the User's first use of the Application. The User thus accepts, from this first use, to be subject without reserve to the rights and obligations provided for in these General Conditions.

The User declares that they are legally capable of entering into a contract and are of legal age.

In the event that the User is acting in the name and on behalf of the Administration, they warrant that they are authorised and have received the necessary authority to create and use an Account on behalf of the Administration; it is specified that in this case, the User will have to identify themselves under the "Administration" category to create or join a Class.

It is up to the User to not use the Application if they do not accept the General Conditions.

The General Terms and Conditions are binding for the duration of the use of the Application and until replaced by new general terms and conditions.

The User may at any time withdraw from using the Services available on the Application. In this case, they remain fully responsible for their previous use of the Application and, in particular, for any Content that they may have published or transmitted via the Application.

3.2Terms of access to the Application: creating a User Account

3.2.1. To access the Application's functionalities, the User must first create an account.

- On the Mobile Application

Step 1: After downloading the mobile application from one of the mobile application download platforms, the user enters their mobile phone number into the Application;

Step 2: the User receives a validation code by SMS on the phone number provided;

Step 3: the user fills in the validation code in the Application to activate their Account.

Step 4: the user enters their first name, last name, and email address.

The User Account is accessed by launching the Application on the phone.

- On the web Application

If the user connects to the Web Application, a password is requested to secure the Account.

Step 1: the user enters their first name, last name, e-mail address and mobile phone number on the Web Application;

Step 2: the User receives a validation code by SMS on the phone number entered;

Step 3: the User enters the validation code in the Web Application to activate their Account.

Step 4: the user enters a password and its confirmation.

Access to the User's Account is granted by entering the password that was defined when the account was created and which the User undertakes to keep confidential.

3.2.2. Creating an Account implies unconditional acceptance of the General Conditions. Its use is personal, and the User is solely responsible for their actions via their Account. The Owner who grants administrative rights to an Administrator acknowledges that they are responsible for the actions carried out by the Administrator in the context of the Class.

3.2.3. The User guarantees to provide Klassroom with accurate, sincere, and true personal information, in particular, their full name, email address, and, if applicable, those of the Student, as well as the latter's date of birth, and their position (e.g., mathematics teacher or school director, etc.).

The User guarantees in particular that :

- the email address given at the time of registration is perfectly valid and in working order since the only means of communication between Klassroom and the User is the exchange of emails. The User's responsibility is to inform Klassroom of any change in their e-mail address.

- the telephone number (personal or professional) is valid because it is the telephone number that allows Klassroom to identify each User.

For security and confidentiality reasons, the User is informed that his telephone number is not visible on the Application, nor even in the User's Profile, nor communicated to other Users.

The User's Account and the Services are accessible at any time, as long as the Class is open, as long as the User has an Internet connection and logs on to the Application.

3.3. Application use: creating and/or joining a Class

Once an Account has been created, the User can create a Class or join a Class depending on his capacity: Parent, Teacher, or Management.

Creating and deleting an Account and a Class are distinct and independent. Thus, a Parent can join one or more Classes after creating their Account, and an Owner can delete a Class without deleting his Account.

Mandatory information on the Application is marked with an asterisk.

• Creating a Class

To create a Class in the Application, the Owner, whether they are a Teacher or an Administrator, must enter the name and level of the Class (e.g. Class 3 or CM1) and specify its position (e.g. main teacher), the number of pupils, the language of publication and the period of the Class (beginning and end of the Class).

The Owner then enters information about the School: the name and postcode.

The Owner may also enter the subject of the Class (for example, general or music).

The Owner is informed and acknowledges that, by default, the following features are activated on the Application:

• Parents' comments on Class publications

• private messages between Users of the same Class,

The Owner can set the applicable features for their Class by going to the "Class Settings" tab.

The Owner defines the identifier of the Class thus created (Class Key), which they will communicate to the Parents, other Teachers, or authorised persons from the Management so that they can join the Class on the Application. In addition, the Parents will complete the Student's Profile upon joining the Class.

The Owner undertakes not to distribute the Class Key publicly, e.g. on a website, Facebook account or any other means of distribution accessible to persons other than the Parents, other Teachers, or authorised persons of the Management. Only the Owner and the Administrators will be able to change the settings of the Class at a later date.

The Owner may grant management rights to the Class to an Administrator. In this case, the Administrator has the same rights over the Class as the Owner, except for the right to delete the Class, which is the sole responsibility of the Owner. The Owner who grants management rights to an Administrator acknowledges that they are responsible for the Administrator's actions concerning the Class.

• Joining a Class

To join a Class, the User must log in to their Account and define their position: Parent, Teacher, or Management.

To join the Class as a Parent:

The User must fill in the Class Key previously sent by the Teacher Owner and the information relating to the Student: surname, first name, date of birth, gender, and relationship to the Student in this Class.

The Parent also can enter the Student's passions and hobbies, dislikes, strengths (talents, abilities...), and possible difficulties (things to improve, weaknesses). This information is OPTIONAL, accessible only by the Pupil's Parent and is only transmitted to the Teacher Owner. However, it allows them to get to know the Student better.

When the User validates their request, the Owner receives a notification (i) informing them that such Parent ("Mr or Mrs X, father/mother of Y") wishes to join the Class and (ii) asking them to authorise access to the Class.

The Class Owner can thus identify, based on the information available to them, whether the Parent wishing to join the Class has parental authority over the Student concerned.

Once accepted by the Owner, the Parent shall have access to the Class and the notifications and Contents concerning it.

To join the Class as a Teacher (other than the Teacher Owner) or as an Administrator:

The User must enter the Class Key and their role as a teacher or member of the Management Team.

Once the User validates their request, the Owner receives a notification (i) informing them that a particular Teacher or member of the Management wishes to join the Class and (ii) asking them to allow access to the Class.

Once accepted by the Owner, the User has access to the Class and its notifications and content.

• Deleting a Class

Only the Owner can delete a Class.

To delete a Class, the Owner must click on the context menu of the Class and select "delete Class".

When deleting the Class, the Content exchanged within the Class, and the Student information specifically entered for the Class will also be deleted.

4. Description of Services

The Application is a FREE service offering the parents the possibility of adding paid options in the form of a Subscription, as detailed below.

Klassly's functionality	Free services for parents		Klassly Prime subscription for parents
	Web Application	Mobile Application
Consultation of the latest Class publication	included	included	included
Consultation of the last publication and those of the previous 24 hours	included	included	Included
Consultation of all the publications of the Class	included	Not included	Included
Consultation of Contents (photos, videos)	included	Included if the Content dates from the last 24 hours or is in the latest publication	Included
Saving content (photos, videos)	not included	Not included	included
Ability to make Requests	included	included	included
Possibility to publish a comment in the Classroom	Included	Included	Included
Initiate a private chat with the parents of the class (if allowed in the class settings)	Not included	Not included	Included
Participate in a private chat initiated by the Class Owner or another Parent with a Prime membership	Included	Included	Included
Possibility to order a Klassbook (ordering fee extra)	Included	included	included

4.1. Free services

- For teachers: access to Klassly via the Web Application and the Mobile Application

- For School Directors or authorised members of the Management: access to the Klassboard

- For Parents: Access to Klassly via the Web Application and the Mobile Application.

On the web application, parents have free access to all Klassly features. This includes access to all of the Teacher's publications in the Classroom and unlimited access to the Content (photos and videos) without being able to save it. They can also make a Request.

On the Mobile Application, Parents have free access to the Teacher's latest publication and all publications of the last 24 hours. In addition, they can consult the Content without being able to save it. They can also request or participate in a private chat initiated by the Class Owner, the Class Administrator, or another Parent with a Prime subscription.

4.2. Paid services: Klassly Prime subscription for parents

All Free Services are described in section 4.1 of these Terms and Conditions.

- Access to all Klassly premium features via the Mobile Application for Parents by Class offering the following benefits:

- Access to all the Teacher's publications in the Classroom since its creation in the Mobile Application

Family access: one subscription per student for the whole family.

- The possibility for Users to save photos and videos of the Class.

- Direct access to the Class photo and video gallery and other media and information.

4.3. Paid services: Klassroom Pro

Klassroom offers the possibility for a Municipality, a School or even a Teacher to pay the cost of the Klassly version for all the Class(es) at a preferential rate, thus giving access to all the publications of the Class from the mobile Application to all the Parents belonging to their Classes, and possibly to the downloading of the media and to the possibility of opening a private chat with another User who is a member of the Class, according to the options chosen at the time of the subscription to Klassroom Pro

4.4. Paid services: Klassbook

At the end of the school year, Klassroom offers to print a book of photographs entitled "Klassbook", which contains Class Content, photographs of Pupils whose Parents have authorised the taking of photographs and the representation of the Pupil's image on the Klassbook by communicating such authorisation to the Teacher, as well as personal photographs imported by the User.

The price, ordering methods, and general terms and conditions of sale of the Klassbook are shown on the Application in the "Klassbook" section.

5. Financial conditions and payment security

5.1. Klassly Prime financial terms

Klassly Prime subscription prices displayed on the Site, the Web Application, the App store, and the Google Play Store are quoted in the country's currency. The User downloads the application (including VAT and other applicable taxes). The User acknowledges and accepts that the amount of the Klassly Prime subscription does not include the cost of telecommunications for access to the Services offered on Klassly and included in the Klassly Prime subscription or any other Internet connection costs, which are borne in full by the User.

Klassroom reserves the right to change its prices at any time. In the event of a change in the price of Klassly Prime subscriptions, this change will take effect when the User's subscription is renewed. The User will receive an e-mail informing them of this change thirty (30) days before the renewal of the Klassly Prime subscription.

Should Klassroom change the prices of the Klassly Prime subscription packages, these changes will be effective as soon as they are posted on the Site, the Web Application, the App Store, or the Google Play Store.

5.2. Financial terms and conditions Klassroom Pro

Klassroom Pro Subscription prices displayed on the Site include VAT and are applicable per Class. The total amount of the Klassroom Pro Subscription is invoiced at the beginning of the Class period. Payment triggers the possibility for Parents belonging to the Classes concerned to use the features of the paid Services as described in 4.3 of the General Terms and Conditions.

Klassroom reserves the right to modify its prices at any time, which will be effective in the event of renewal as soon as they are posted on the Site.

5.3. Transaction security

5.3.1. Klassly Prime Subscription Price Regulation

Klassly Prime subscriptions can be paid for via the Web Application by credit card or directly from the mobile phone via the App Store or Google Play Store.

• Payment by credit card on the Web Application

In the "Settings" tab of their Account, Users choose the subscription option that suits them (annual subscription or monthly subscription), enter their bank details on the Web Application, accept the General Terms and Conditions and click on "Pay". Suppose a Klassly Prime Monthly or Annual subscription is taken out on the Web Application.

In that case, the subscription will renew automatically unless automatic renewal is deactivated at least 24 hours before the end of the current period. The account will be billed for the renewal within 24 hours before the end of the current period and will identify the renewal cost.

The User may manage the Klassly Monthly or Annual Prime Subscription and disable automatic renewal by accessing the User's Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the User purchases a subscription; if any

Klassroom will never have access to the User's financial information.

• Payment via App Store or Google Play Store from the mobile

The User may pay for the Klassly Prime subscription directly from the mobile phone under the payment terms provided for and imposed by the App Store or Google Play Store.

Consequently, the User undertakes to :

- read and respect the general terms and conditions of the App Store or Google Play Store;

- authorise Apple or Google to debit the same payment method used to purchase the KlasslyPrime subscription when it is renewed by tacit agreement. The Subscription Price in force at the time of renewal will be fully applicable, subject to the User being informed of any changes.

The App Store or Google Play Store are solely responsible for the terms and payment process in which Klassroom does not intend to intervene under the terms imposed by the App Store or Google Play Store. Accordingly, any refund requests or requests relating to payments should be directed to App Store or Google Play Store Services.

Klassroom will never have access to the User's financial information. Furthermore, Klassroom is not responsible for transactions made via App Store and Google Play Store.

5.3.1. Klassroom Pro Subscription Price Payment

Klassroom Pro Subscription payments are made according to the contract terms between the Institution and Klassroom: direct debit or credit card.

6. Subscriptions: purchase, duration, and termination by the User

6.1. Subscription of Memberships

Suppose the Local Authority or the School has not agreed to the subscription. In that case, the User can take out a Klassly Prime Subscription by accessing the premium features via the mobile Application or via the web Application. A screen shows the various benefits and the amount in the User's currency to be paid monthly or in one go for the current school year.

The User is under no obligation to take out a Subscription and can use the free version of the Mobile Application or the Web Application.

Klassly Prime subscriptions may only be taken out for personal use, which the user declares and acknowledges.

Failure by the User to comply with all or part of the obligations under these General Terms and Conditions, and in particular any incident involving payment of the Subscription price, may entitle Klassroom to refuse the User any new Subscription until the situation is rectified.

Before taking out a Subscription, except in the case of a commercial operation, the User is invited to select the duration of the Subscription of his choice and then confirm his Subscription by proceeding with payment. Before payment of the Subscription, the User is invited to accept the terms of these General Conditions. It is understood that the General Terms and Conditions applicable are those in force on the day of confirmation of the Subscription.

Once the User has paid for and finalised his Subscription on the App Store or Google Play Store or the Web Application, a written confirmation will be sent to him by e-mail from the App Store or Google Play Store or Klassroom when the Subscription has been taken out on the Web Application. The e-mail will summarise the Subscription package subscribed to, its price and the terms of use of the services subscribed to. The User undertakes to keep the elements contained in the Subscription confirmation e-mail, including its attachments.

6.2. Klassly Prime Subscription duration

When subscribing to the Klassly Prime subscription, the user chooses the duration of the subscription: monthly or annual.

Without prejudice to the provisions of article 6.3 below, all Klassly Prime subscriptions are concluded for their full duration, and the sums paid for them are definitively acquired by Klassroom, including in the event of early termination of the Klassly Prime subscription.

6.2.1. Klassly Prime subscription purchased on the App Store or Google Play Store

The User subscribes for a minimum period of one month. After that, the Klassly Prime subscription will be renewed automatically every month according to the conditions available on the App Store or Google Play Store.

If the User does not wish to renew or terminate the Klassly Prime subscription, the User must log on to the App Store or Google Play Store and terminate it in the subscription management area.

6.2.2. Web-based Klassly Prime subscription

In the case of a monthly Klassly Prime subscription purchased on the Web Application, the subscription will automatically renew unless auto-renewal is disabled at least 24 hours before the end of the current period. The account will be billed for the renewal within 24 hours before the end of the current period and will identify the renewal cost.

The User may manage the Klassly Monthly Reward Subscription and disable automatic renewal by accessing the User's Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the User purchases a subscription if any.

6.3. Special provisions for the tacit (automatic) renewal of Klassly Prime subscriptions

The User is informed that under the terms of Article L.215-1 of the Consumer Code relating to the (automatic) tacit renewal of contracts:

"For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional providing the services shall inform the consumer in writing, by a dedicated letter or email, at the earliest three months and the latest one month before the end of the period authorising the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information shall be given in clear and comprehensible terms and shall mention, in a visible box, the deadline for non-renewal.

Where this information has not been sent to them under the provisions of the first paragraph, consumers may terminate the contract free of charge at any time from the renewal date.

Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall, in this case, be refunded within thirty days of the date of termination, after deduction of the sums corresponding, until that date, to the performance of the contract. The provisions of this article shall apply without prejudice to those which by law subject certain contracts to special rules regarding consumer information.

6.4. Klassly Prime subscription termination

The end of the Subscription does not automatically lead to the deletion of the Account, as the User retains the possibility of accessing the free Services of the Application.

On the other hand, the deletion of the User's Account does not mean the end of the Subscription. The User is informed of this before confirming the deletion of his Account.

7. Right of withdrawal for users who have taken out a Klassly Prime subscription

Users who have taken out a Klassly Prime subscription acknowledge that they have received all the information on the services offered on Klassly and, more specifically, on the various Klassly Prime subscription packages offered before taking out the subscription and that the services offered comply with the requirements for services provided at a distance, particularly via the Internet.

The App Store or Google Play Store are solely responsible for the terms and process of withdrawal of Subscriptions purchased through them (Mobile Application). Klassroom is not intended to intervene under the conditions imposed by the App Store or Google Play Store. Any withdrawal request must be addressed to them.

Users who have taken out a Klassly Prime subscription on the Web Application must contact Klassroom for any cancellation request via the e-mail address: bonjour@klassroom.fr.

8. Suspension and deletion of the User's Account - Uninstalling the Mobile Application

ATTENTION: THE USER IS INFORMED AND ACKNOWLEDGES THAT DELETING THE ACCOUNT IS DEFINITIVE AND ENTAILS THE DELETION OF THE PROFILE, PHOTOS AND MESSAGES EXCHANGED; A NEW REGISTRATION AND THE CREATION OF A NEW ACCOUNT WILL THEN BE NECESSARY TO ACCESS THE SERVICES AGAIN.

When the Account is suspended or terminated, the User's Profile and the Student's Profile are unavailable on the Application.

8.1. Suspension of the User's Account by Klassroom

In the event of a breach of these Terms and Conditions by the User, Klassroom reserves the right to suspend a User's access to the Application as a precautionary measure, without refunding any Klassly Prime Subscription that the User may have taken out.

In the event of non-payment by the User who has subscribed to a Subscription of the price of the Subscription within the required period, Klassroom will suspend all access to the paid Services for the User as soon as possible.

8.2. Klassroom's deletion of the User's Account

8.2.1. Cancellation of the Account due to the User's failure to comply

In the event of a breach of these Terms and Conditions, Klassroom will send an email to the email address provided by the User notifying the breach. If the breach is capable of being remedied, and if it is not remedied within ten (10) days, the Account will be terminated to the exclusive detriment of the User, with no right to a refund of any Klassly Prime subscription taken out by the User.

Furthermore, Klassroom reserves the right to prohibit any new registration of a user whose account has been terminated under the conditions defined herein.

8.2.2. Removal of the Account for inactivity

When the user has not used his Account for more than two (2) years, Klassroom will send an email to the address provided when the account was created. If the User fails to confirm that they wish to continue using the Site or the Application, the Account will be deleted.

8.3. Account removal by the User

The User may permanently delete his Account

- directly from the Mobile Application (from the settings of his Profile by clicking on "Delete my account") or by going to the "Contact us" section and then requesting to delete his Account.

- directly from the Web Application (from the settings of his Profile by clicking on "Delete my account") or by going to the "Contact us" section and requesting the deletion of his Account.

It is recommended that, when deletion occurs during the school year, the Teacher or the Parent Users be informed in advance when the Teacher initiates the deletion.

The User is informed and acknowledges that any deletion of the Account while the Subscription is still in progress, will not result in any pro-rata Tempore refund.

ATTENTION: DELETING THE ACCOUNT DOES NOT SUSPEND THE SUBSCRIPTION. TO SUSPEND YOUR SUBSCRIPTION, PLEASE DO SO DIRECTLY FROM THE STORE FOR USERS WHO HAVE SUBSCRIBED VIA THE MOBILE APPLICATION OR FROM THE WEB APPLICATION FOR OTHERS.

8.4. Uninstalling the Mobile Application

The User may uninstall the Mobile Application from their phone without notice. The User will no longer have access to the Mobile Application unless they download it again to their phone.

The User acknowledges that uninstalling the Mobile Application does not affect the renewal of the Klassly Prime subscription if the User has chosen this option. Consequently, it is up to the User to terminate the Klassly Prime subscription under the conditions defined in these Terms and Conditions.

9. User's obligations

9.1. General obligation

The User undertakes to use the Application in conformity with the stipulations herein.

In particular, the User undertakes to :

- To provide truthful and up-to-date information when registering;

- Not to disrupt the operation of the Application;

- To keep their login and password confidential by not communicating them to anyone;

- Not to violate privacy and the secrecy of correspondence by using the Application;

- Not to send messages or Content on a massive scale on the Application to preserve the normal quality of use of the Service by other Users;

- Not to modify, add or delete Content made available by another User on the Application;

- Reproduce, represent, or communicate to the public in any way whatsoever the Content made available on the Application, other than through the tools made available on the Application or outside the family circle;

- Not to extract, reuse, store, reproduce, represent, or retain, directly or indirectly, on any medium whatsoever, by any means, and in any form whatsoever, all or part of the Application which constitutes a database protected by law.

In general, the User undertakes not to contravene the legal and regulatory provisions applicable to the Services and, in particular, the provisions of the Intellectual Property Code.

9.2. Content availability within the "Classroom" area

The User agrees to make it available on the Application, particularly in the space dedicated to the Class, Content related to the Class, its school and extracurricular activities, and its members (Students and Teachers) of which they are the author, or they are authorised to publish.

The Teacher acknowledges that it is their responsibility to obtain from the legal representatives of the Students all documents and authorisations necessary for the proper use of the Application or the Site, in particular authorisations for the dissemination of the image, sound and work of the Students and certificates of non-dissemination of the Content on social networks. In this respect, the Teacher is informed and acknowledges that the documents made available by Klassroom on the Site, or the Application constitute materials responsible for adapting to the context or prerequisites of the academy on which they depend, if applicable. Therefore, Klassroom cannot be held responsible in this respect.

The User agrees not to disseminate any Content, whatever its nature or form:

- Infringing on the right to one's image or privacy;

- Aiming at advertising or constituting the broadcasting of advertisements;

- Infringing on the intellectual property rights of third parties, particularly concerning copyright or trademark law;

- Infringing on the interests and rights of third parties;

- Inciting the consumption of alcohol, tobacco, or illegal substances;

- Inciting hatred, violence, the commission of a crime, a misdemeanour or an act of terrorism or suicide;

- That constitutes harassment;

- that may be deemed abusive, threatening, defamatory, xenophobic, racist, anti-Semitic, pornographic, paedophilic, revisionist, homophobic or sexist;

- Containing any virus or any computer program likely to interrupt, alter, destroy, or limit the functionality of any computer or computer network;

- In violation of the secrecy of correspondence;

- In general, any content contrary to the law, public order, and good morals.

It is also strongly recommended not to broadcast Content containing sensitive data (e.g. information concerning racial or ethnic origin, religious opinions, health).

The User is solely responsible for what he says on the Application and the information, Content, or comments he publishes.

To ensure that the Content is understandable, the user does not use abbreviations or SMS language. In general, the User undertakes to publish quality, intelligible and coherent Content that respects the law, basic rules of politeness and good morals.

The User has the possibility of withdrawing at any time the Content that they have published in the "Classroom" area.

The Teacher acknowledges that when allowing the Users of a Class to publish Content, they may be held liable, as a publisher, for the Content published.

In any case, the Professor may, at their discretion, as Class Moderator:

- Delete any Content that they deem to violate the Terms and Conditions without prior notice or justification and without the User whose Content has been removed being able to make any claim against them;

- Or modify the Class settings to remove authorisations to publish from Users who have received them or remove authorisation for Users to comment on publications.

In the event that the User finds that Content is clearly illegal, such as Content that is defamatory, disparaging, racist or invasive of privacy, or that a hypertext link points to third-party content that may be considered as such, the User may inform the Professor or notify Klassroom by clicking on the "Report abuse" function (it being specified that the name of this function may be changed), provided for this purpose on the Application. And by specifying the following elements:

If the author of the alert is a natural person: surname, first name, and email address;-

Information relating to the User having issued the illicit Content;

- The description of the contentious Content and its precise location and, if applicable, the e-mail address(es) to which it is made accessible;

- The legal reasons for which the Content must be removed or made inaccessible;

- A copy of any correspondence sent to the author of the illicit Content.

Klassroom, which acts as a Content host, reserves the right to delete any obviously illicit Content that has been reported to it by a User under the legal provisions in force and provided for in particular in the LCEN of 21 June 2004.

Klassroom reminds you that any person who presents a Content or an activity as being illicit to obtain its withdrawal or stop its distribution when they know this information to be inaccurate is punishable by one year's imprisonment and a fine of 15,000 euros (art. 6. I-4 of the LCEN).

Klassroom cannot be held responsible under any circumstances if this option to delete or withdraw reported Content is exercised. The User whose Content is unpublished cannot make any claim against Klassroom.

The User who makes Content available on the Application guarantees Klassroom and other Users the enjoyment and peaceful exercise of all rights attached to it.

The User indemnifies Klassroom against any disturbance, action, complaint, opposition, claim or eviction of any kind from a User or third party who considers that the Content infringes their rights, as well as against any damage or liability incurred in the exercise of the rights attached thereto, and undertakes to refund Klassroom in full for any damages or legal costs (including legal fees, costs and expenses not included in the costs) that Klassroom may have to bear as a result of the Content made available by the User.

9.3. Correspondence between Users

Users, Parents, Students and Teachers can communicate directly with each other, according to the parameters of the Class defined by the Teacher, through the sending of Requests and through private chat if the latter feature is activated for the Class.

In the latter case, Users undertake not to abuse the functionality and comply with article 9.2. of the General Conditions above, which is fully applicable.

10. Liability / Warranty

Klassroom cannot be held responsible for any unforeseeable and/or indirect damage suffered by the User, such as but not limited to loss of profit, loss of opportunity, loss of income, loss of data, any financial or commercial loss, any commercial disturbance, or any intangible loss such as damage to image or reputation.

Klassroom cannot guarantee the User that the Application will meet their expectations exactly or that no errors will occur during the use of the Application. Klassroom does not guarantee the reliability or accuracy of the information contained in the Application or the Application's compatibility with the User's specific uses.

Klassroom shall not be held responsible for (i) any improper use of the Application by Users or any other third party, or (ii) Content made available by Users in the course of using the Application.

Should Klassroom be held liable by a third party due to a breach by the User of any of the General Terms and Conditions provisions, Klassroom may call the User to account.

Klassroom cannot be held responsible for any transmission difficulties or disrupt the telecommunications network and the Internet. It is the User's responsibility to have the necessary skills and means (at the expense of the User: internet access, telephone subscription etc.) to access the various services. In any case, access to the Application is under the User's sole control and under their sole responsibility.

Klassroom shall not be liable for any loss or damage suffered by the User or any third party as a result of a failure of (i) access to the Application, (ii) the Internet network, (iii) the means of telecommunication and (iv) more generally, any event not directly and/or exclusively attributable to Klassroom or any event of force majeure, as defined by the case-law of the French courts.

11. Access, modifications, and developments of the Application

Klassroom reserves the right to temporarily suspend access to the Application or to all or part of the Services provided through it, for reasons beyond its control or for technical reasons related in particular to the need to update the Services, modify them, to ensure their maintenance, and, in general, for any other technical and organisational reason, without its liability being incurred as a result.

Klassroom reserves the right to make changes and improvements and/or developments to the Application or to the methods of accessing the Services, particularly from a technical point of view; it is specified that any such development may only be in the direction of an increase in the offer.

In addition, Klassroom reserves the right to cease one or more Services available permanently or temporarily on the Application, subject to prior notice when applicable, without any compensation to the User and without its liability being incurred as a result.

12. Intellectual Property Rights

12.1. Klassroom's intellectual property

The Application and all its components (such as logos, trademarks, designs, models, images, sound and video clips, texts, photos, logos, graphic guidelines, software, and databases, without this list being exhaustive) are the exclusive property of Klassroom or have been the subject of prior authorisation for use.

The present General Conditions do not imply any transfer of intellectual property rights of any kind on the elements belonging to Klassroom for the benefit of the Users.

Any total or partial representation of the Application or of any of its components by any means whatsoever without the prior written authorisation of Klassroom is prohibited and would constitute an infringement within the meaning of the Intellectual Property Code and would be punishable as such.

However, Klassroom grants Users a non-exclusive, personal, non-transferable right of access to its Application for use under the conditions defined in these General Conditions.

The User shall refrain from infringing, directly or indirectly, the intellectual property rights of Klassroom and shall refrain from exploiting in any way whatsoever the names, trademarks, logos, software, information, databases, and all documents communicated to it, in general, as part of the execution of these Terms and Conditions.

12.2. Users' intellectual property

The User owns the intellectual property rights to the Content published in the Class and/or warrants that they have obtained all rights from the intellectual property owners before publishing the Content in the Class.

By publishing Content in the Class, the User acknowledges that the Content will be accessible to the Users of the Class.

By publishing Content in the Classroom, the User expressly grants Klassroom the right to reproduce, represent, adapt, distribute and, if necessary, modify the Content to consider technical constraints, solely for the purposes of

- Publication on the Application (in particular in the news feed accessible only to Users who have joined the Class),

- Downloading by Users who have taken out a Klassly Prime subscription,

- Editing and printing the Klassbook.

This transfer is granted for the duration of the intellectual property rights. The Content may be reproduced in the Klassbook or saved by Users (depending on the Services subscribed to), which the User expressly authorises. It is, however, specified that the Content is deleted when the Class is deleted.

This transfer is free of charge and is granted to France.

13. Personal data protection

13.1. Personal data processing

Access to and use of the Application requires the collection and processing of personal data concerning the User or the Pupil of whom he is the Parent under the conditions defined herein and in particular below, under the provisions of Law No. 78-17 of the 6th of January 1978 known as the "Loi Informatique et Libertés" (Data Protection Act) as amended and the European Regulation No. 2016/679 for the protection of data of the 27th of April 2016 known as "RGPD".

Klassroom implements a processing register, both as a controller and as a processor, to document the personal data processing activities.

13.2 Controller/processor - Legal basis for processing

Personal Data is collected and processed by Klassroom, which acts as a processor or as a data controller depending on the processing envisaged:

- Klassroom is responsible for the following processing of personal data:

Creation of an Account by a User;

Processing of data relating to Users and Students;

Subscription to paid services;

Application use (cookies).

- The legal basis for the processing of personal data is the consent of the User and the performance of the contract under these General Conditions. Indeed, these personal data are collected directly from the User when creating an account, when accessing a Class, or generally, when using the Application, i.e. after acceptance of these General Terms and Conditions.

- Concerning processing relating to a Class, and in particular, the Data relating to the Pupils communicated by the Parent when joining a Class, Klassroom acts as a subcontractor on behalf of :

- The controller is represented by the academic director of national education services (DASEN) for primary schools or the headteacher for secondary schools;

- The school (company, association or commune offering extracurricular activities).

KLASSROOM is responsible for personal processing data relating to Users and Students collected independently of the Class.

The legal basis for data processing concerning a Primary or Secondary School Class is exercising the public interest under Article L 131-2 of the Education Code.

13.3 Purposes

When Klassroom acts as a subcontractor, personal data will only be used for the following purposes:

• • To allow the identification of Users;

• • To provide the Services;

• • And to enable personalisation and optimal use of the Application.

Klassroom, as a subcontractor, undertakes to act only on the instructions of the Data Controller and under the Data Protection Act and the GDPR.

When Klassroom acts as a data controller, personal data are used for the following purposes:

- To allow the identification of Users;

- To provide the Services, in particular the Paid Services, and to enable personalisation and optimal use of the Application;

- To manage Subscriptions.

13.4. Data collected and recipients

Data that is mandatory for creating an Account and/or using the Services is indicated by an asterisk on the Application.

Klassroom may collect and process the following personal data, either as a data controller or as a data processor:

- Users: Name, first name, email address, preferred language, phone number, photograph. For the Owner: status of the creator of the Class and position;

- Of the Students: Name, first name, date of birth, sex, affiliation link between the User and the Student (it is specified that Klassroom does not collect any data relating to the parental authority of the Parents on the Students. Only the Classroom Owner can verify this quality concerning the information at his disposal), photograph.

Within the Class, the Parent can complete the Student Profile by filling in the free fields with the following data:

- The child's passions and hobbies (for example, a cartoon, a specific activity such as music or colouring),

- Dislikes (e.g. a specific food or activity), strengths (talents, abilities such as language, humour etc.),

- Possible difficulties (things to improve, weaknesses, such as stopping the dummy, distance from parents, etc.).

These elements allow the Teacher to get to know the Pupils better and thus adapt the content of their teaching to the qualities/difficulties encountered by the Pupils and differentiate learning.

KLASSROOM hosts this data as part of the provision of the Application but does not use or process this data.

- Technical and connection data concerning the Account (IP address, connection logs).

- Sensitive data

When using the Application, Klassroom recommends not to transmit sensitive data (e.g. information concerning racial or ethnic origin, religious opinions, health).

In the event that the User transmits sensitive data in the context of Requests or private chats, the User expressly consents to the collection of such data by checking the box provided for this purpose when creating the Account.

The User is informed that he may withdraw his consent at any time, which will result in the deletion by Klassroom of all Content published by the User in the "Classroom" area, private chats, and the content of Requests (and not the subject of Requests, which does not contain any personal data). Furthermore, the User is informed that he can also withdraw his consent and delete the comments he has posted in the "Classroom" by clicking on "delete".

Session cookies

Recipients

Users and Students data: Klassroom and the Data Controller are the only recipients of the data collected. However, the User acknowledges that the data relating to the Student (surname, first name, photo if applicable) and the Parent or Relative (surname, first name, photo if applicable) will be accessible to all Parents, the Teacher, or the Management of the Classroom insofar as these data are included in the Classroom, which the User accepts.

The optional information relating to the Student (passions and hobbies, what the Student does not like, strong points, possible difficulties) is only accessible to the Teacher Owner and the Parents of the Student

Klassroom does not sell, rent, or transmit the data to other recipients.

Connection data: The connection data relating to the Account is intended for internal use only. Under no circumstances will this data be given or sold to third parties.

Data related to transactions on Klassly: data related to transactions (i.e. credit card number, validity date, cryptogram) and the email address of the User concerned are transmitted to the STRIPE company located outside the European Union to proceed with payment (https://stripe.com/fr/legal), in compliance with the appropriate safeguards provided for by the RGPD, and in particular the decision of the European Commission of 5 February 2010 relating to standard contractual clauses and the ruling of the Court of Justice of the European Union (CJEU) of 16 July 2020.

The table below summarises the data collected by Klassroom either as a controller or as a processor and the recipients of this data.

Data	Data controller	Recipients (Access to data)
		Klassroom	Class owner	Class Parents
Users	Klassroom
Name, First name	Klassroom			✓	✓
Email address	Klassroom
Preferred language	Klassroom
Phone number	Klassroom
Photograph	Klassroom			✓	✓
Pupils (information completed by the Parent)	Klassroom
Name, First name	Klassroom			✓	✓
Date of birth	Klassroom			✓
Sex	Klassroom			✓
Relationship	Klassroom			✓	✓
Photograph	Klassroom			✓	✓
Students (optional information)	DASEN for 1st level establishments or the headteacher for 2nd level establishments or the Establishment	Klassroom acts as a subcontractor
Students’ passions and hobbies (e.g. a cartoon, a specific activity such as music or colouring), dislikes (e.g. a specific food or activity), strengths (talents, abilities such as language, humour),	DASEN for 1st level establishments or the headteacher for 2nd level establishments or the Establishment	✓	✓	✓
possible difficulties (things to improve, weaknesses, such as stopping the dummy, distance from parents, ...).		✓	✓	✓
Pupil's passions and hobbies (e.g. a cartoon, a specific activity such as music or colouring), dislikes (e.g. a specific food or activity), strengths (talents, abilities such as language, humour,...),		✓	✓	✓
Technical and connection data relating to the Account	Klassroom
IP address	Klassroom
Connection logs	Klassroom
Sensitive data (potentially collected in the context of Requests or private chats)	DASEN for 1st level schools or the headteacher for 2nd level schools or the School	Klassroom acts as a subcontractor
Such as absence due to illness, allergy	DASEN for 1st level establishments or the headteacher for 2nd level establishments or the Establishment	✓	✓	✓
Newsfeed filled in by the Class Owner	DASEN for 1st level establishments or the headteacher for 2nd level establishments or the Establishment	Klassroom acts as a subcontractor
Photos-Videos	DASEN for 1st level establishments or the head of the establishment for 2nd level establishments or the Establishment	✓	✓	✓	✓
Texts, sounds		✓	✓	✓	✓
Students' work		✓	✓	✓	✓
Private chats between a Class Owner and Parents or between Parents	DASEN for 1st level establishments or the headteacher for 2nd level establishments or the Establishment	Klassroom acts as a subcontractor
Photos-Videos	DASEN for 1st level establishments or the head of the establishment for 2nd level establishments or the Establishment	✓	✓	Only in the context of chat	Parents in the chat room
Texts, sounds		✓	✓
Students' work		✓	✓
School documents		✓	✓
Cookies	Klassroom
Session cookies	Klassroom

13.5. Hosting of personal data

Klassroom stores the Users' personal data in France. Indeed, the company KLASSROOM subcontracts the hosting services of its services to the company Squark / Magic Retail, whose servers are located in France:

• • Squark : 24 bd des Frères Voisins - 92130 Issy-les- Moulineaux

13.6. Shelf life

Personal data relating to the Account and Users are kept for two (2) years from the last use of the Application or the Site. However, data relating to the invoicing of Subscriptions will be kept for a period of ten (10) years from the date of invoice.

Personal data relating to a Class, particularly the Students (passions, hobbies, strengths, and weaknesses) and the Content, are kept for the duration of the Class. They are deleted either (i) when the Class is deleted by the Owner or (ii) automatically within six (6) months from the Class End Date.

At the end of the retention periods, Klassroom will proceed to the final deletion of the data still in its possession.

13.7. Rights of persons affected by the processing of personal data

Under the law of 6 January 1978 as amended, known as the "Loi Informatique et Libertés"("Data Protection Act".) and the European Data Protection Regulation of 27 April 2016, known as the " GDPR ", all Users have the right to information, access, limitation, rectification, portability, opposition and deletion of information concerning them. Finally, the User has the right to define directives defining how they intend these rights to be exercised after their death. Any User wishing to exercise these rights should write to Klassroom SAS255 boulevard Pereire 75017 Paris or by e-mail to bonjour@klassroom.fr enclosing a copy of their front and back ID.

The User is informed that when Klassroom acts as a subcontractor, it responds, in the name and on behalf of the Data Controller, on the latter's instructions and within the time limits provided for by the Data Protection Act and the GDPR to the requests of the Users concerned.

The User also has the possibility of deleting his Account directly on the Application under Article 8 of these General Conditions.

The User has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (www.cnil.fr).

13.8. Cookies

The Application may use session cookies to improve the personalisation service for Users, and in particular, for the following purposes

- store the User's country;

- store a unique identifier for the User's browser;

- store the redirection address if the user needs to identify himself before being able to access the content he has clicked on;

- identify the User's session.

Cookies are considered personal data. However, as these cookies are strictly necessary for the provision of the Services and are intended to enable or facilitate the transmission of a communication by electronic means, they do not require the User's consent.

Session cookies can be deactivated or restricted as this may result in the unavailability of certain application features.

14. Duration/Cancellation

The User may use the Site or the Application for as long as they wish unless the Account is cancelled under the conditions defined in these General Terms and Conditions and in particular in Article 8.

15. Miscellaneous

15.1. Changes to the General Conditions

Klassroom reserves the right to modify these Terms and Conditions at any time, subject to informing Users by any means available on the Application or the Site. These changes and developments come into force on the date they are posted online and are enforceable on the date of first use of the Application by the User.

In the event that the User continues to use the Application after notification of the modification of the General Terms and Conditions, the User shall be deemed to have read, understood, and accepted the new General Terms and Conditions and shall be bound by them as of right.

15.2. Notification

The User who wishes to notify a change of telephone number, ask a question, make a complaint relating to his Member's Account, report a technical problem or any information deemed useful concerning the Application is invited to send an e-mail to the following address bonjour@klassroom.fr.

15.3 Invalidity

Suppose any of the provisions of the General Terms and Conditions are found to be null and void concerning the rule of law in force or a judicial decision that has become definitive. In that case, it shall be deemed to be unwritten, without this leading to the nullity of the contract or altering the validity of its other provisions.

15.4. Applicable law

The General Conditions are governed by French law.