Terms of Service
Thank you for your interest in using the online services operated by Dogl AB (“we” or “Dogl”). These Terms of Service (“Terms”) govern your use of Dogl’s online services and phone and tablet apps (collectively, the “Services”), including the services which are offered through (a) our mobile applications, including our “Dogl Calculus” application, available as an Android app and an iOS app, (b) our web applications, including our “Dogl for Teachers” service, available at teachers.dogl.app, (c) our website located at www.dogl.app, and (d) schools, colleges, universities, educators, or similar third party providers (“Schools”). Students at such Schools are referred to as “Students” in these Terms.
You can click on the links below to jump to the corresponding subsection of these Terms.
1. Our Services
The Dogl Services supply you with a platform for students to solve problems and engage with course materials. You as an educator can also use the Services to create course materials, see student achievement levels, and foster classroom engagement. By using the Dogl Services, you agree to be bound by these Terms and to the collection and use of your information as described in our Privacy Policy. If you do not agree to these Terms or the terms of the Privacy Policy, you are not permitted to use the Dogl Services.
Our Services include the following:
“Dogl Student”, which includes the Dogl Calculus mobile application, available on Android and iOS, and future applications to come.
“Dogl for Teachers”, which includes all our Services on teachers.dogl.app including those for creating and administering quizzes or polls (“Quizzes”), and future services to come.
our website, located at www.dogl.app.
2. Eligibility and Authority
You must be 13 years or older to use the Services.
If you are less than 18 years of age and would like to register to use or purchase any part of the Services, please ask your parent or legal guardian to review and agree to these terms before you use or purchase any part of the Services, or ask them to complete the purchase or registration on your behalf.
If you are using Dogl Services on behalf of a School and/or directing Students to use the Dogl Services, then you represent and warrant that you are an authorized representative of the School and you agree to these Terms on the School’s behalf. In addition, in such circumstance, each reference to “you” in these Terms shall be deemed to refer to the School. Each such School hereby agrees it is responsible for the use of the Dogl Services by such School’s personnel and Students in accordance with these Terms and our Privacy Policy.
If you are using our Services independently from a School, then you agree to these Terms on your own behalf.
The Services are not available to anyone whose access to the Services has previously been revoked by Dogl.
3. Personal Information and Student Data
This Section (3) applies to a School’s use of the Dogl services through the use of teachers.dogl.app and the Dogl Calculus app. If you are a teacher or student you may also refer to the Student Data Privacy Policy and, if executed by the school and Dogl, the relevant Data Processing Agreement.
Student data for U.S. users
When Dogl is used by a School for educational purposes, Dogl may collect or have access to Student Data that is provided by the School or Student. “Student Data” is personal information that is directly connected to an identifiable Student and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g).
Confidentiality: Dogl agrees to treat Student Data as confidential and not to share it with third parties other than as described in these Terms, and in our Privacy Policy and Student Data Privacy Policy, and, if executed by the school and Dogl, the relevant Data Processing Agreement.
Student Data Collection and Processing: You authorize Dogl to access or collect Student Data for the purpose of providing the Services. In the U.S., Dogl shall collect and process Student Data as a School Official with a legitimate educational interest as outlined in FERPA 34 CRF Part 99.31(a)(1). The School or the Student owns and controls that Student Data. Dogl does not own, control, or license such data, except so as to provide the Service and as described in these terms, our Privacy Policy and Student Data Privacy Policy, and, if executed by the school and Dogl, the relevant Data Processing Agreement.
Personal Information and Student Data Consents and Authority: If you are a School representative, you represent and warrant that you have provided appropriate disclosures to your School and to parents regarding your sharing of Student Data with Dogl. Both the School and Dogl agree to uphold their respective obligations under FERPA and, if executed by the School and Dogl, the relevant Data Processing Agreement.
Use of Student Data: By submitting or providing Dogl access to Student Data, you agree that Dogl may use the Student Data solely for the purposes of (i) providing the Services, (ii) improving and developing the Services, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School’s consent. Dogl shall not use Student Data to engage in targeted advertising, nor shall it allow any third parties to do so.
Use of Anonymized Student Data: You agree that we may collect and use data derived from Student Data for our own purposes, such as for product development, research analytics, and marketing our Service, provided that such data will be de-identified and/or aggregated to reasonably avoid identification of a specific individual.
Use of Personal Information for Marketing: You agree that Dogl may provide customized, relevant marketing messaging for Dogl to Schools or School representatives and teachers from time to time, provided that such advertisements shall not be based on Student Data. For emphasis, and without limitation, Dogl shall never use Student Data to engage in targeted advertising.
Third-Party Service Providers: You acknowledge and agree that Dogl may provide access to Student Data to our employees and service providers, which have a legitimate need to access such information in order to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such Student Data.
Student Data Retention and Deletion Requests: To delete Student Data please send an email to privacy[...]dogl.app with the relevant information. Dogl will respond to deletion requests as soon as possible, but in most instances within 30 days. Data from a Student user that was generated outside of use in a course will be deleted only at the request of that user. For inactive accounts, we delete or de-identify Student Data in our possession after a period of dormancy or at the request of a parent or guardian. We are not required to delete data that has been derived from Student Data so long as it has been anonymized such that it does not reasonably identify an individual. Similarly, we are not required to delete, at a School’s request, any information which a Student or parent / legal guardian has saved or transferred to a personal account.
Data Breach Notification: We have implemented administrative, physical and technical safeguards designed to secure Personal Information, including Student Data, from unauthorized access, disclosure and use. In the event that we have a reasonable, good faith belief that an unauthorized party has gained access to Student Data or has had such data disclosed to them (a “Security Event”), we will promptly notify the School. If, due to a Security Event which is caused by the acts or omissions of Dogl or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the School shall be responsible for the timing, content, and method of any such notification and compliance with such laws. With respect to any Security Event which is not caused by the acts or omissions of Dogl or its agents, Dogl shall reasonably cooperate with the School’s investigation of the Security Event, as the School requests, at the School’s reasonable expense.
Student data for other countries
If wish to use it in a school setting outside of the U.S. please contact us directly at support[...]dogl.app so that we can discuss terms to ensure compliance with local privacy and student records law.
4. Your Responsibilities
You agree:
that you are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Dogl Services and for paying all charges related thereto; and
not to use the Dogl Services to:
violate any third party rights or any local, state, national, or international law or regulation;
transmit or create any materials that are abusive, harassing, tortious, defamatory, libelous, or invasive of another’s privacy;
transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
interfere with or disrupt the Dogl Services or servers or networks connected to the Dogl Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Dogl Services;
except as expressly permitted under these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services Materials;
delete the copyright or other proprietary rights notices on any part of the Services or derived materials;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Services;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by Dogl herein or to the extent the foregoing restriction is expressly prohibited by applicable law.
5. Personal, Non-Commercial Use Only
You agree to use the Dogl Services only (a) as an end user, for your personal, non-commercial use or (b) as a School, for academic use by you and your Students in individual classes. The Dogl Services may not be used for any commercial use or purpose unless expressly permitted by Dogl in writing.
6. User Submissions and Generated Materials
Dogl does not claim ownership of any materials (other than the underlying software and other materials of Dogl and its licensors used to generate such materials), quizzes, questions, formulae, information, data, text or other materials you submit and create for display or distribution to others through the Dogl Services (collectively, “User Submissions and Generated Materials”). You own all rights to your User Submissions and Generated Materials. You grant to Dogl an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display or otherwise use your User Submissions and Generated Materials (in whole or in part) in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any format or medium now known or later developed, with or without attribution, without you receiving compensation or notification of any kind, or you granting permission of any kind. You acknowledge and agree that all right and title in the software code and other material used to create or display your User Submissions and Generated Materials is the property of Dogl, and you hereby assign all right and title in such material to Dogl. Dogl hereby grants you a license to such material (a) as an end user, for your personal, non-commercial use or (b) as a teacher, for academic use by you and your Students in individual classes. Dogl does not pre-screen User Submissions and Generated Materials and you agree that you are solely responsible for all of your User Submissions and Generated Materials. Dogl is not required to host, display, or distribute any User Submissions and Generated Materials, and may remove at any time or refuse any User Submissions and Generated Materials. Dogl is not responsible for any loss, theft or damage of any kind to any User Submissions and Generated Materials. You represent and warrant that your User Submissions and Generated Materials, and Dogl’s authorized use thereof, do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).
7. Copyright Infringement
Dogl respects the intellectual property rights of others and has a policy of removing User Submissions and Generated Materials that violate copyright law. When appropriate, Dogl may suspend access to the Services (or any portion thereof) and/or terminate the account of any user who uses the Dogl Services in violation of copyright law. If you believe your copyright is being infringed by a user of the Dogl Services, please provide written notice to Dogl for claims of copyright infringement.
Dogl AB
Gotlandsgatan 69 lgh 1301
SE11638 Stockholm
Sweden
Email: support[...]dogl.app
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Dogl to locate that material; (d) contain adequate information by which Dogl can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
8. Feedback
If you choose to provide technical, business or other feedback (“Feedback”) to Dogl concerning the Dogl Services or any Dogl products or services, Dogl will be free to use such Feedback without restriction. You agree that the incorporation by Dogl of Feedback, or ideas derived from Feedback, into any of its products or services does not grant you any proprietary rights therein.
9. Termination and Suspension
Without limiting other remedies, Dogl may terminate or suspend your Dogl Services membership or suspend your access to all or part of the Dogl Services without notice if Dogl believes that you have violated these Terms or have engaged in conduct that violates applicable law or is otherwise harmful to the interests of Dogl, any other Dogl Services user, or any third party. You may discontinue your use of the Dogl Services at any time.
10. Fees
Dogl reserves the right to charge fees for access to new Dogl Services, and to introduce fees for existing unpaid services. You will never be charged for access to any Dogl Services, unless Dogl obtains your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, Dogl may restrict your access to that paid content or services. Details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. All such terms will be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
11. Password and Security
You are responsible for maintaining the confidentiality of your Dogl Services password and/or other login credentials, and you are solely responsible for all activities that occur under your password and/or login credentials. You agree to immediately notify Dogl of any unauthorized use of your password or other credentials, or any other breach of security related to the Dogl Services. Dogl may require you to alter your password if Dogl believes that your password is no longer secure.
12. Third Party Services
Dogl may integrate with or provide links to certain third party Internet sites and services (collectively, such third parties, “Linked Partners”). The Linked Partner services made available through the Dogl Services or the integration of the such sites and services with the Dogl Services are for your convenience only. They do not signify the endorsement by Dogl of such Partner sites or services, or signify any guarantees about the availability or quality of the Partner sites or services.
13. Disclaimer and Limitations of Liability
You agree that use of the Dogl services is at your sole risk. The Dogl services are provided on an “as is” and “as available” basis. Dogl expressly disclaims all warranties of any kind, whether express or implied, with respect to the Dogl services and all services provided by any of our partners (whether API partners, Linked Partners, or otherwise), including, but not limited to, the implied warranties of fitness for a particular use or purpose. Furthermore, Dogl does not guarantee that the content on the Dogl Services is correct, accurate, or complete. You acknowledge that access to data and materials (including, but not limited to, your or others’ User Submissions and Generated Materials) available through the Dogl Services is not guaranteed and that Dogl will not be responsible to you for any loss of data or materials caused by the Dogl Services or their unavailability. You understand and agree that any data, materials, services and/or information downloaded or otherwise obtained through the use of the Dogl Services is obtained and used at your own discretion and risk, and that you will be solely responsible for any damage arising therefrom.
Under no circumstances will Dogl or its officers, employees, directors, shareholders, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Dogl Services.
If, notwithstanding these Terms, Dogl is found to be liable to you or any third party in connection with your use of the Dogl Services, the total liability of Dogl and its officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred U.S. Dollars ($100).
Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Dogl may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Dogl’s liability will be the minimum permitted under such applicable law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Dogl and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. Dogl reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Dogl’s defense of such claim.
15. Intellectual Property
“Dogl” and the Dogl logo, and certain other of the names, logos, and materials displayed in the Dogl Services, may constitute trademarks, trade names, or service marks (“Marks”) of Dogl or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Dogl or those other entities. The content on the Dogl Services (the “Content”), including without limitation, the software and question bank, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Dogl or its licensors. Other than with respect to your own User Submissions and Generated Materials, (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Dogl and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
16. Miscellaneous
Entire Agreement. These Terms, our Privacy Policy and our Student Data Privacy Policy, together with any additional terms to which you agree when using particular elements of the Dogl Services (e.g., terms relating to the payment of fees for certain Dogl Services), constitute the entire and exclusive and final statement of the agreement between you and Dogl with respect to the subject matter hereof, and govern your use of the Dogl Services, superseding any prior agreements or negotiations between you and Dogl with respect to the subject matter hereof.
Governing Law. These Terms and the relationship between you and Dogl will be governed by the laws of Sweden as applied to agreements made, entered into, and performed entirely in Sweden by Swedish residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Dogl Services will be brought in courts located in the Stockholm Region, Sweden, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Additional Terms. The failure of Dogl to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Dogl and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Dogl Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will remain in full force and effect notwithstanding any termination of your use of the Dogl Services.
17. Modifications To Terms of Service
Modifications. These Terms may be revised periodically and this will be reflected in the “date last modified” set forth below. Your continued use of the Dogl Services following such an update constitutes your agreement to the revised Terms. If you object to any such changes, your sole recourse is to cease using the Dogl Services. Continued use of the Dogl Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dogl reserves the right to modify or discontinue the Dogl Services with or without notice to you. New services introduced by Dogl are also subject to these Terms, and your use of any such new services indicates your agreement to be bound by these Terms.
Previous versions. You can request earlier versions of Dogl’s Terms of Service by contacting support[...]dogl.app.
Date last modified. These Terms were last modified on June 17, 2022.