The Instruqt Terms of Service
If you are accepting the Instruqt Terms of Service for yourself or on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind yourself, employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of yourself or the party that you represent. If you don’t have the legal authority to bind yourself, your employer or the applicable entity please do not click “I agree” (or similar button or checkbox) that is presented to you. PLEASE NOTE THAT IF YOU SIGN UP USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, AND (B) THE WORD “YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.
- An “Account” represents your legal relationship with Instruqt. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Instruqt. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate. A User Account can be a member of any number of Organizations.
- “Cloud Resources” refer to the usage of Google Cloud Projects, AWS Accounts and/or other Cloud Service Providers that are generally available to our customers.
- “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
- GBhr” means the product of the amount of memory a track uses (measured in GB’s) times the duration that track is available to a User (measured in hours).
- “Infrastructure costs” means the costs for the environment needed to spin up Your technology/software.
- “Instruqt,” “We,” and “Us” refer to Instruqt, B.V., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- “Play” means when a User starts or restarts a Track.
- The “Service” refers to the applications, software, products, and services provided by Instruqt.
- “Topic” means a set of Tracks. “Your Topics” are Topics that you create or own.
- “Track” means a set of challenges in which Users can participate to improve their proficiency in using certain software solutions. Tracks make use of Content and are provided on the Platform. “Your Tracks” are Tracks that you create or own.
- “Track Sandbox Environment” means the definition of the environment that is made available to Users when playing a Track. A Sandbox consist of Containers, Virtual Machines and Cloud Resources.
- “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. It’s Your responsibility that the User will be at least 13 years of age. Special terms may apply for business or government Accounts (See Section 2.5: Additional Terms).
- The “Website” refers to Instruqt’s website located at https://instruqt.com, and all Content, services, and products provided by Instruqt at or through the Website. It also refers to Instruqt-owned subdomains of instruqt.com, such as play.instruqt.com. Occasionally, websites owned by Instruqt may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
2. Account Terms
- The account will be controlled by:
- Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.
- Organizations. The “owner” of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization’s data and projects. An Organization may have multiple owners, but there must be at least one User Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.
- Required Information. You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.
- Account Requirements. We have a few simple rules for User Accounts on Instruqt’s Service.
- You must be a human to create an Account. Accounts registered by “bots” or other automated methods are not permitted.
- One person or legal entity may maintain no more than one free Account.
- You must be age 13 or older. Instruqt does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside The Netherlands, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
- Your login may only be used by one person — i.e., a single login may not be shared by multiple people.
- User Account Security. You are responsible for keeping your Account secure while you use our Service. We offer tools to help you maintain your Account’s security, but the content of your Account and its security are up to you.
- You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
- You are responsible for maintaining the security of your Account and password. Instruqt cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You will promptly notify Instruqt if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
- Additional terms. In some situations, third parties’ terms may apply to your use of Instruqt. Please be aware that while these Terms are our full agreement with you and other parties’ terms may govern their relationships with you in case of any inconsistencies between these Terms and third-party terms Instruqt’s Terms will always prevail.
3. Acceptable Use
- Compliance with Laws and Regulations. Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
- Content Restrictions. You agree that you will not under any circumstances upload, post, host, or transmit any content that, but not limited to:
- is unlawful or promotes unlawful activities;
- is or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
- Conduct Restrictions. While using Instruqt, you agree that you will not under any circumstances:
- harass, abuse, threaten, or incite violence towards any individual or group, including Instruqt employees, officers, and agents, or other Instruqt Users;
- use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
- attempt to disrupt or tamper with Instruqt’s servers in ways that could harm our Website or Service, to place undue burden on Instruqt’s servers through automated means, or to access Instruqt’s Service in ways that exceed your authorization;
- impersonate any person or entity, including any of our employees or representatives, including through false association with Instruqt, or by fraudulently misrepresenting your identity or site’s purpose; or
- violate the privacy of any third party, such as by posting another person’s personal information without consent.
- Services Usage Limits. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Instruqt’s express written permission.
- Scraping. Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Instruqt’s API. Please see Section H for our API Terms. You may scrape the website for the following reasons:
- Researchers may scrape public, non-personal information from Instruqt for research purposes, only if any publications resulting from that research are open access.
- Archivists may scrape Instruqt for public data for archival purposes.
You may not scrape Instruqt for spamming purposes, including for the purposes of selling Instruqt users’ personal information, such as to recruiters, headhunters, and job boards.
- Excessive Use. If we determine your resource usage to be significantly excessive in relation to other Instruqt customers, we reserve the right to suspend your Account or throttle your Content until you can reduce your resource usage.
- User Protection. You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.
4. User-Generated Content
- Responsibility for User-Generated Content. You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
- Instruqt May Remove Content. We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Instruqt terms or policies.
- Ownership of Content, Right to Post, and License Grants. You retain ownership of and responsibility for Your Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Instruqt Users — certain legal permissions, listed in Sections 4.4 — 4.6. These license grants apply to Your Content. You understand that you will not receive any payment for any of the rights granted in Sections 4.4 — 4.6. The licenses you grant to us will end when you remove Your Content from our servers.
- License Grant to Us. We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyse it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.
This license does not grant Instruqt the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.
- License Grant to Other Users. Any User-Generated Content you post publicly, including Tracks, Topics, and contributions to other Users’ Content, may be viewed by others. By setting your Tracks and/or Topics to be viewed publicly, you agree to allow others to view and Play your Tracks.
If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Instruqt Users.
- Moral Rights. You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section 4.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant Instruqt the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
5. Private Content
- Control of Private Content. Some Accounts, such as paid Accounts, may have private content, which allow the User to control access to Content.
- Confidentiality of Private Content. Instruqt considers private content to be confidential to you. Instruqt will protect the private content from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
- Access. Instruqt employees may only access the private content in the following situations:
- When access is required for support reasons.
- When access is required for security reasons, including when access is required to maintain ongoing confidentiality, integrity, availability and resilience of Instruqt’s systems and Service.
- Exclusions. If we have reason to believe private content is in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the private content.
6. Copyright Infringement
If you believe that content on our website violates your copyright, please contact us. If you are a copyright owner and you believe that content on Instruqt violates your rights, please contact us via email at email@example.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
We will terminate the Accounts of repeat infringers.
7. Intellectual Property Notice
8. API Terms
No Abuse or Overuse of the API. Abuse or excessively frequent requests to Instruqt via the API may result in the temporary or permanent suspension of your Account’s access to the API. Instruqt, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not use the API to download data or Content from Instruqt for spamming purposes, including for the purposes of selling Instruqt users’ personal information, such as to recruiters, headhunters, and job boards.
9. Advertising on Instruqt
- Instruqt Content. Tracks are intended to provide trainings and demos. You may include static images, links, and promotional text in the content associated with your Tracks, but they must be related to your project on Instruqt.
You may not advertise in other Users’ Content, such as by posting monetized or excessive bulk content in issues.
- Pricing. Our pricing and payment terms are available on the Instruqt website. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
- Upgrades, Downgrades, and Changes
- We will immediately bill you when you upgrade from the free plan to any paying plan.
- If you change from a monthly billing plan to a yearly billing plan, Instruqt will bill you for a full year at the next monthly billing date.
- If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
- You may change your level of service at any time by sending us an email at firstname.lastname@example.org. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.
- Billing Schedule; No Refunds
- For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period.
- Usage will be billed after the month in which the usage occured. As an example, the usage of January will be metered and billed on the invoice of February.
- In order to treat everyone equally, no exceptions will be made.
- Authorization. By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Instruqt.
- Responsibility for Payment. You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Instruqt any charge incurred in connection with your use of the Service. If you dispute the matter, contact Instruqt Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
11. Cancellation and Termination
- Account Cancellation. It is your responsibility to properly cancel your Account with Instruqt. You can cancel your Account at any time by sending us an email to email@example.com. We will verify your identity before we close your Account. Upon receipt of your cancellation notice, Instruqt will close your account per the end of the running month. Instruqt will not refund any fees paid.
- Upon Cancellation. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce your agreements, but barring legal requirements, we will delete your full profile and Content within 30 days of cancellation or termination (though some information may remain in encrypted backups). This information can’t be recovered once your Account is cancelled.
Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 30 days of cancellation, termination, or downgrade.
- Instruqt May Terminate. Instruqt has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Instruqt reserves the right to refuse service to anyone for any reason at any time.
- Survival. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Communications with Instruqt
- Electronic Communication Required. For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
- Legal Notice to Instruqt Must Be in Writing. Communications made through email or Instruqt Support’s messaging system will not constitute legal notice to Instruqt or any of its officers, employees, agents or representatives in any situation where notice to Instruqt is required by contract or any law or regulation. Legal notice to Instruqt must be in writing and served on Instruqt’s legal agent.
- No Phone Support. Instruqt only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
13. Disclaimer of Warranties
Instruqt provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Instruqt does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
14. Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from but not limited to:
- the use, disclosure, or display of your User-Generated Content;
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
Our liability is limited to the amount actually paid or payable by you to Instruqt under these terms in the twelve (12) months immediately preceding any claim by you with a maximum of € 10.000,–, whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
15. Release and Indemnification
If you have a dispute with one or more Users, you agree to release Instruqt from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Instruqt (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Instruqt of all liability); and (3) provides to you all reasonable assistance, at your expense.
16. Changes to These Terms
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
- Governing Law. Except to the extent applicable law provides otherwise, this Agreement between you and Instruqt and any access to or use of the Website or the Service are governed by the laws of The Netherlands, excluding its conflict of law rules and the UN Convention for the International Sale of Goods (CISG). Any dispute regarding this Agreement, or disputes arising from this Agreement, shall be subject to the exclusive jurisdiction of the court located within the city of Amsterdam, The Netherlands.
- Section Headings and Summaries. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
- Severability, No Waiver, and Survival. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Instruqt to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
- Questions. Questions about the Terms of Service? Contact us at firstname.lastname@example.org.