Terms of Service

Welcome to Diffit!

These Terms of Service (“Terms”) apply when you are using Diffit, Inc.’s (“Diffit”, “Company”, “We”, “Us”, “Our”) products or services or Our website (“Website”), located at https://web.diffit.me/ and https://beta.diffit.me (collectively, the “Services”). Our Privacy Policy is incorporated into these Terms. 

By using the Services, you agree to be bound by these Terms. Do not use Diffit if you do not agree to these Terms.

This policy is effective as of March 25, 2024.

Account Registration and Administration

By registering for and accessing our Website and Services, you represent, warrant, and agree to the following:

  • That you are 18 years or older; 

  • That you are a teacher, school administrator, or otherwise only intending to use the Services for instructional purposes with students;

  • You will provide accurate and complete registration information and update it as necessary;

  • You are responsible for the maintenance and confidentiality of your account and password;

  • You will immediately notify us of any unauthorized use of your account;

  • You will not share your account information with another person;

  • We reserve the right to terminate your account at any time for any reason, including, but not limited to, a violation of these Terms;

  • You will comply with all applicable laws and regulations in connection with your use of the Services;

  • You understand and acknowledge that we do not guarantee the accuracy or completeness of any information on the Services and that we are not responsible for any errors or omissions or for the results obtained from the use of such information.

Our Service

By accessing and using our Services, you agree to comply with these Terms and all applicable laws when using this Service, including, but not limited to, the following:

  • You will not use the Services, or any Diffit Content or Educational Content (as defined below), for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; 

  • With respect to any content other than Diffit Content and User Content that you use the Services to obtain and/or generate (collectively, the “Educational Content”), you may only use the Educational Content for educational purposes within your classroom;

  • You will not charge a fee for access to the Educational Content;

  • You will only use the Services for lawful purposes and in compliance with all applicable laws and regulations;

  • You will not use the Services for any fraudulent or unauthorized purpose, or in any way that could damage, disable, or impair the Services;

  • You will not jeopardize the security of your account in any way;

  • You will not use, display, mirror, or frame the Services or any individual element within the Services, Diffit’s name, any Diffit trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Diffit’s express written consent; 

  • You will not access, tamper with, or use non-public areas of the Services, Diffit’s computer systems, or the technical delivery systems of Diffit’s providers; 

  • You will not attempt to probe, scan or test the vulnerability of any Diffit system or network or breach any security or authentication measures; 

  • You will not avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Diffit or any of Diffit’s providers or any other third party (including another user) to protect the Services; 

  • You will not attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Diffit or other generally available third-party web browsers; 

  • You will not use any meta tags or other hidden text or metadata utilizing a Diffit trademark, logo URL, or product name without Diffit’s express written consent; 

  • You will not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; 

  • You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; 

  • You will not interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;  

  • You will not collect or store any personally identifiable information from the Services from other users of the Services without their express permission; 

  • You will not impersonate or misrepresent your affiliation with any person or entity; or

  • Encourage or enable any other individual to do any of the foregoing.

  • You understand and acknowledge that we reserve the right to terminate or suspend your access to the Services at any time, with or without notice, for any reason, including but not limited to, a violation of these Terms.

In addition, you will not post, upload, publish, submit or transmit any User Content that:

  • infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; 

  • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; 

  • is fraudulent, false, misleading, or deceptive; 

  • is defamatory, obscene, pornographic, vulgar, or offensive; 

  • promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; 

  • is violent or threatening or promotes violence or actions that are threatening to any person or entity; 

  • promotes illegal or harmful activities or substances; or

  • is inappropriate for the classroom or violates applicable school or school district policies;

We are not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any content, including User Content and Educational Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. For example, if we determine that you are using Educational Content for any purpose other than educating your students, or you are otherwise using Educational Content in a manner that is likely to not be considered fair use under copyright law (as determined by Diffit in its sole discretion), we may remove or disable your access to the Educational Content. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Account Suspension and Termination 

Diffit reserves the right to suspend or terminate accounts associated with users who engage in any of the prohibited activities described above or in any manner that otherwise violates these Terms or other policies. In addition, Diffit reserves the right to terminate any account at any time for any reason without notice to you. 

Service Availability

Although we try to provide continuous availability to you, we do not guarantee that the Services will always be available, work, or be accessible at any particular time. We cannot guarantee that anything found on our Services will work to the functionality desired by you or give you any desired results and we cannot accept any liability for service availability or reliability. We reserve the right to modify, update, or discontinue any aspect of the Services at our sole discretion, at any time, for any or no reason, and without notice or liability.

Third-Party Services and Links

Our website may include links to or integrations with third-party services and websites. By using these third-party services you agree, understand and acknowledge the following:

  • That we are not responsible for the content or accuracy of any third-party services or websites and that we do not endorse or sponsor any third-party services or websites;

  • We are not responsible for any loss or damage that may result from your use or reliance on any third-party services or websites;

  • We are not responsible for any errors or omissions in the information provided by any third-party services or websites;

  • We are not responsible for any security breaches or other issues that may arise from your use of third-party services or websites;

  • That the terms of services and privacy policies of any third-party services or websites will govern your use of those services and that we are not responsible for any violations of those terms of service or privacy policies.

Communications

By signing up for the Services, you consent to receive email communications from Diffit. If you make changes to your contact information, you are responsible for updating your account. You can opt-out of marketing communications from us at any time. If you opt-out of marketing communications, you may still receive communications that are necessary for the Services or otherwise exempt from anti-spam laws. By opting out of communications from Diffit, you acknowledge that this may impact your use of the Services. 

Subscriptions

Teachers have the option of purchasing a subscription (“Subscription”) to use the Services.

a. General. If you purchase a Subscription (a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms.

b. Subscriptions. If you purchase a Subscription, you will be charged the Subscription fee monthly plus any applicable taxes and other charges (“Subscription Fee”) at the beginning of your Subscription and each month thereafter at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE DIFFIT TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Diffit. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.

c. Canceling Your Subscription. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, follow these instructions: https://diffit.zendesk.com/hc/en-us/articles/24191353289741. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the features included in your Subscription will continue until the end of your then-current Subscription period and will then terminate without further charges.

Your Intellectual Property 

Our Services may allow you to add content such as text, links, and documents (“User Content”). 

We do not claim any ownership rights to any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. However, in order to provide our Services, we require certain limited rights to User Content. For example, when you add your User Content to Diffit, we must be able to process it to generate educational resources for you. Therefore, you grant Diffit a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, publish, transmit, display, copy, process, adapt, modify, publicly perform, and distribute your User Content in connection with operating, providing, and marketing the Services.

You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Diffit’s Intellectual Property 

Diffit’s logos, trademarks, copyrights, domain names, and other distinctive brand features (collectively, “Diffit Content”) are protected by copyright, trademark, and other intellectual property laws and are the exclusive property of Diffit. Subject to your compliance with these Terms, we grant you a revocable, limited, non-exclusive, non-transferable license to view, copy, and display Diffit Content solely in connection with your permitted use of the Services. Any rights not expressly granted here are reserved. Unauthorized use of Diffit Content is prohibited. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. 

Protecting Your Copyright

Diffit respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Diffit will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):

  1. the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;

  2. the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;

  3. your mailing address, telephone number, and, if available, email address;

  4. a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;

  5. a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and

  6. your full legal name and your electronic or physical signature.

You may deliver this notice, with all items completed, to us, by email to weloveteachers@diffit.me, or by mail to:

Diffit, Inc.

1932 Blake St.

Berkeley, CA 94704

Upon receipt of the Notice as described above, Diffit will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.

Informal Dispute Resolution

We want to address your concerns without litigation or other formal proceedings. Before filing a claim against Diffit, you agree to try to resolve the Dispute informally by contacting weloveteachers@diffit.me and providing us with reasonably detailed information concerning your issue. We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or Diffit may bring a formal proceeding in accordance with these Terms.

Disputes, Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of these Terms is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the relevant state and federal courts and for all purposes, you and Diffit, Inc. consent to the exclusive jurisdiction and venue of such courts.

Changes to These Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide advance notice prior to any new terms taking effect. By continuing to access or use Services after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, you can no longer use  the Services.

Indemnification

Disclaimer of Liability and Limitations of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIFFIT WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR: (A) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON THE SERVICES; (C) UNAUTHORIZED ACCESS, USE, OR ALTERATIONS OF YOUR TRANSMISSIONS OR CONTENT; (D) ANY INFORMATION POSTED ON THE SERVICES; OR (E) DIFFIT’S DECISION TO PUBLISH OR REMOVE ANY INFORMATION ON THE SERVICES; IN EACH CASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIFFIT OR OUR SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT SHALL DIFFIT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS.

The limitations of liability set forth in this Section are fundamental elements of the basis of the bargain between you and us and will survive any termination or expiration of these Terms, and will apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

Indemnification:

You agree to indemnify and hold the Company, its directors, officers, employees, agents, and affiliates harmless from and against any claims, actions, suits, or proceedings, as well as any damages, liabilities, costs, and expenses (including legal fees) arising out of or in any way connected with (a) your use or misuse of the Services; (b) any violation of the rights of any other person or entity by you, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (c) your breach of any part of these Terms. Diffit will attempt to provide you with written notice of any such matter; however, any failure or delay by Diffit to do so does not negate your defense or indemnification obligations or waive Diffit’s rights to seek payment or defense or indemnification from you. Diffit reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with Diffit in Our defense of these claims. You will not settle any claim that affects Diffit or Our affiliates without Our prior written approval.  

No Warranty:

The Services are provided “as is” without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

General Terms

Entire Agreement:

These Terms (and any other policies we refer to in this document) constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written.

No Reliance on Representations:

Each Party acknowledges that in entering into this agreement it does not rely on, and shall have no remedy in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement.

Severability:

If any provisions of this agreement are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. If Diffit fails to enforce any part of these Terms, such a failure does not constitute a waiver. You may not assign or transfer these Terms, by operation of law or otherwise, without Diffit’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Diffit may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns

Feedback

We welcome your feedback and suggestions about the Services. Please send us a message through the link below at any time. If you choose to submit feedback, you agree that we are free to use it without any restriction or compensation to you.

Contact Us

If you have any questions about these Terms and Conditions, we’d love to help!

You can contact us:

  • By email: weloveteachers@diffit.me

  • By contact us form: https://www.diffit.me/contact-us