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Terms of Service

PANOPEN EDUCATION TERMS OF SERVICE


Effective Date of Terms of Service: May 13, 2014 

Last updated: October 21, 2025


Please read these Terms of Service (collectively with panOpen Education, Inc.'s Privacy Policy and DMCA Copyright Policy, the "Terms of Service" or the "Terms") fully and carefully before using www.panopen.com (the "Site"), accessing the panOpen Inc. open-source platform code (the "Open-Source Platform"), the panOpen Inc. platform (the "Platform") and the services, features, content or applications offered by panOpen, Inc. ("we", "us" "our" or DBA "panOpen Education") (together with the Site**, the Open-Source Platform,** and the Platform, the "Services"). These Terms of Service establish the legally binding terms and conditions that govern your use of our Services, whether you are an institutional staff member, an accredited faculty member, a student, or a visitor browsing the Services.


This "Terms of Service" Include the Following Sections:

  1. Acceptance of Terms
  2. Description of Services
  3. Open-Source Platform License and Use
  4. Eligibility
  5. Account Registration and Security
  6. Accounts
  7. Google Drive and AWS
  8. Intellectual Property Rights
  9. Content
  10. Prohibited Conduct
  11. Privacy
  12. Payments and Refunds
  13. Termination
  14. Warranty Disclaimer
  15. Indemnification
  16. Limitation of Liability
  17. Governing Law and Jurisdiction
  18. Third-Party Services
  19. Changes to Terms of Service
  20. Miscellaneous
  21. Contact Information

1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by this Agreement, our Privacy Policy, and all other terms, policies, and guidelines that we post on the panOpen Education website (collectively, the "Terms"). If you do not agree to any of the Terms, do not use the Services.


As a venue, panOpen Education does not directly create or develop any of the educational materials available on the platform. Rather, the Services act as a venue to allow users to offer, provide, distribute, produce, and make available for use, and when permitted, download ("Share") Materials for other users to collect, compile, and use in accordance with their educational and teaching needs. As a result, panOpen Education has no control over the quality, safety, morality, or legality of any aspect of the Materials that are shared by users, the truth or accuracy of any descriptions or reviews, or the ability of Educators to provide Materials. For self-hosted instances of the Open-Source Platform that are not managed by panOpen Education, panOpen Education has no access to, control over, or responsibility for any content, materials, data, or activities conducted on such instances.


By using the Services, you agree that panOpen Education is not responsible or liable for any content or Materials, including text, information, data, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Services. Therefore, ultimately, you use the panOpen Education service at your own risk.


2. Description of Services

panOpen Education is an online platform that allows users to access and use digital educational content. panOpen Education provides its platform in multiple forms:


Self-Hosted Open-Source Platform: panOpen Education makes available open-source platform code under the GNU Affero General Public License v3.0 (AGPL-3.0) that can be downloaded, installed, and operated by any individual or organization on their own infrastructure. Users of self-hosted instances are solely responsible for all aspects of installation, configuration, maintenance, security, content, and compliance with applicable laws and regulations. panOpen Education has no access to, control over, or responsibility for self-hosted instances unless separately contracted to provide managed hosting or professional services.


Managed Hosting Services: panOpen Education offers managed hosting services where we provide, host, maintain, and support platform instances on our infrastructure or on infrastructure we manage on behalf of clients. 


Professional Services: panOpen Education offers professional services including technical support, training, onboarding, customization, and ongoing maintenance for both self-hosted and managed instances, available through separate service agreements.


3. Open-Source Platform License and Use

Licensing: The panOpen Open-Source Platform is made available under the GNU Affero General Public License v3.0 (AGPL-3.0). By downloading, installing, or using the Open-Source Platform, you agree to comply with all terms and conditions of the AGPL-3.0 license, which is incorporated herein by reference and available at https://www.gnu.org/licenses/agpl-3.0.html.


Attribution: All uses of the Open-Source Platform must include proper attribution to panOpen Education as the original creator, in accordance with the AGPL-3.0 license requirements.

Commercial Use: Organizations that wish to use the Open-Source Platform to sell licenses, provide commercial services, or otherwise commercialize the platform must obtain a separate commercial license from panOpen Education. For commercial licensing inquiries, please contact us at support@panopen.com.


Modifications: You may modify the Open-Source Platform in accordance with the AGPL-3.0 license. Any modifications distributed to third parties must also be made available under the AGPL-3.0 license.


No Warranty for Open-Source Platform: THE OPEN-SOURCE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AS SPECIFIED IN THE AGPL-3.0 LICENSE AND SECTION 13 OF THESE TERMS.


Self-Hosted Instance Responsibility: Organizations and individuals who download and operate self-hosted instances of the Open-Source Platform are solely responsible for:

  • Installation, configuration, and maintenance of the platform
  • Security of their instance and all data stored therein
  • Compliance with all applicable laws, regulations, and third-party rights
  • All content uploaded to or distributed through their instance
  • Backup and disaster recovery
  • User support for their instance

panOpen Education has no access to, control over, liability for, or responsibility regarding self-hosted instances unless separately contracted to provide managed hosting or professional services.


4. Eligibility

To use the Services, you must comply with the eligibility requirements, which include being at least 13 years old and complying with all laws, rules, and regulations applicable to you. We may refuse to offer the Services to any person or entity and change its eligibility criteria at any time.


If you are under the age of 18, you may use the Services only with the consent of your parent or legal guardian. By using the Services, you represent and warrant that you meet all the eligibility requirements set forth in this Section.


5. Account Registration and Security

In order to use certain features of the Services provided by panOpen Education through our hosted or managed instances, you may need to create an account and provide certain information about yourself. For self-hosted instances of the Open-Source Platform, account creation and management are controlled by the organization operating that instance, and panOpen Education has no access to or responsibility for such accounts. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. Therefore, it is important that users provide truthful and complete information when creating their profiles. The quality control, material credibility, and accuracy and usefulness of the information provided by and through the Services depend on users creating accurate and respectful user profiles.


Therefore, you shall not:

  • Select or use as a username a name of another person with the intent to impersonate that person.
  • Use as a username, a name subject to any rights of a person other than you without appropriate authorization; or
  • Use, as a username, a name that is otherwise offensive, vulgar, or obscene.

You are solely responsible for the activity that occurs on your account and for keeping your account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to your institutional affiliation), breach of security, or unauthorized use of your account. You should never publish, distribute, or post login information for your account. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates.


Recommendations for creating secure passwords and protecting personal information:

  • Users are solely responsible for maintaining the confidentiality of their account and password.
  • When creating a password, we recommend using at least 12 characters and a combination of uppercase and lowercase letters, numbers, and symbols.
  • Avoid using personal information such as your name, birthdate, or address in your password.
  • Do not share your password with anyone.
  • Use different passwords for different accounts.
  • Make passwords that are hard to guess but easy to remember.

If you suspect that your account has been compromised or if you receive a suspicious email or message, please contact our support team immediately.


We will never ask you for your password or other sensitive information via email or message. If you receive a request for this information, please disregard it and report it to our support team.


6. Accounts

The following account types and access levels apply to instances hosted or managed by panOpen Education. To share materials through the Platform, to use the Services as an Educator, and/or to perform certain functions in connection with a Library, you must register for an account. There are three types of accounts available: "Student," "Faculty", and "Administrator" and each account will provide a different level of access to the Services, including to the libraries through which users Share Materials on the Platform (each, a "Library"). Your account type will depend on your status within your academic institution. "Administrator" and "Faculty" accounts require a verified ".edu" email for registration. All accounts require you to provide accurate, complete, and updated account information.


Student Accounts. Students must register for an account to access copyrighted materials and courses. Students do not need to register for an account to obtain publicly available content, such as Open Educational Resources, but may register for an account to take advantage of the additional features and content that may not be available to unregistered users, such as supplemental instructor content, multimedia, quizzes, analytics, notes and highlights, and other tools intended to help improve student success.


Faculty Accounts. A user with a Faculty-level account can share materials on their own behalf by adding the materials to their individual library. Faculty users can open access to their library and/or materials to all users or they can choose to restrict access through the various settings on the Services. Faculty users may also be able to add materials into the institutional or departmental libraries with which they are affiliated by submitting the materials to colleagues for review, and if approved, for sharing through the institutional or departmental library, as applicable. panOpen Education is in no way affiliated with the review or approval process.


Administrator Accounts. A user with an Administrator-level account can either share materials:

  • On their own behalf by adding the materials to their individual library; or
  • On behalf of their academic institution and/or department, by adding such materials into the institution and/or department's libraries for which the user has Administrator credentials.

Only an Administrator user with the appropriate permissions can add or remove materials from an institution or department library. An Administrator user can make their individual library or certain materials within their library accessible to all users, or restrict access through the various settings on the Services. When an institution or department authorizes the creation of an Administrator account, it authorizes the user of the account to add and remove materials, as well as open or restrict access. panOpen Education is not responsible in any manner for any actions or omissions of any account user, but may reserve the right to terminate, restrict, or suspend unauthorized accounts upon written notice from an institution or department.


Self-Hosted Instance Accounts: For self-hosted instances of the Open-Source Platform, all account creation, management, permissions, and access controls are determined and managed solely by the organization operating that instance. panOpen Education has no access to, control over, or responsibility for accounts created on self-hosted instances.


7. Google Drive and AWS

For instances hosted or managed by panOpen Education, we use Amazon Web Services for the storage of materials on the Platform. By using the Services provided through our hosted or managed instances, you are also agreeing to all terms and conditions related to their use. Organizations operating self-hosted instances may use their own storage infrastructure and are solely responsible for all third-party service agreements related to their infrastructure.


8. Intellectual Property Rights

The content available on panOpen Education, including but not limited to text, graphics, logos, images, and software, is the property of panOpen Education or its licensors and is protected by intellectual property laws. You may not use any content licensed by panOpen Education for any commercial purposes without obtaining our prior written consent. The Open-Source Platform code is licensed under the AGPL-3.0 license as described in Section 3. All other intellectual property rights in panOpen Education's proprietary features, premium add-ons, branding, and licensed content remain the exclusive property of panOpen Education or its licensors.


9. Content

The term "Content" in these Terms of Service includes all materials, information, data, text, photographs, videos, audio clips, software, scripts, graphics, and interactive features that are generated, provided, or otherwise made accessible on or through the Services, except for User Content. Therefore, any material or content available on the Platform that is not User Content will be considered part of the Content, and the same terms and conditions will apply to it as stated in these Terms of Service.


User Content. Refers to any material, information, data, text, photographs, videos, audio clips, software, scripts, graphics, or interactive features that users upload to the Platform. As a user, you have the option to upload content to the Platform, which is referred to as "User Content." You retain all rights to your User Content, but when you upload User Content to instances hosted or managed by panOpen Education, you grant panOpen Education a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, publicly display, and create derivative works of your User Content in connection with the Services and our business. By uploading User Content, you represent and warrant that you have all necessary rights to grant this license, and that your User Content does not infringe or violate any third-party rights. Additionally, you authorize panOpen Education to publish your User Content in a searchable format that may be accessed by other users of the panOpen Education platform. For self-hosted instances, User Content is governed solely by the policies of the organization operating that instance, and panOpen Education has no access to, rights in, or responsibility for such User Content.


User submission and feedback agreement. If, at our request, you send specific materials or, without a request from us, you send creative concepts, ideas, proposals, plans, or other abstract or theoretical materials, whether online, by email, by postal mail, or otherwise (collectively, "Concepts"), including feedback from users about features and how to improve them, you agree that we may, at any time, without restriction, use, reproduce, modify, distribute, publicly display, and create derivative works of any concepts that you forward to us.


Please note that this agreement does not apply to customer support inquiries, which are intended to assist you with any issues or questions you may have. These inquiries are not considered Concepts, and we will not use or disclose any information related to customer support inquiries, including personal information or feedback, for any other purpose.


panOpen Education does not control the User Content on instances we host or manage. We reserve the right, but have no duty, to monitor User Content on such instances. You may find some Content to be offensive, harmful, inaccurate, or deceptive, or may face the risk of interacting with individuals under false pretenses. By using the Services, you agree to accept such risks and that panOpen Education (and panOpen Education's officers, directors, agents, subsidiaries, joint ventures, and employees) is not responsible for any and all acts or omissions of users. Please use caution and common sense when using the Services or any Materials obtained through the Services. panOpen Education has no access to, control over, or responsibility for User Content on self-hosted instances.


Faculty Responsibility for Copyrighted Material. panOpen Education does not verify the legal right to use copyrighted material added by Users. It is the responsibility of the faculty to ensure that any material added to panOpen Education's platform complies with applicable copyright laws and regulations. panOpen Education encourages Users to seek legal guidance or advice from their institution's copyright office to ensure compliance. By adding copyrighted material to panOpen Education's platform, Users represent and warrant that they have the necessary permissions and rights to use and distribute such material. panOpen Education reserves the right to remove any material that it determines, in its sole discretion, violates applicable copyright laws or infringes on the rights of third parties from instances we host or manage. For self-hosted instances, the organization operating the instance is solely responsible for ensuring compliance with all copyright laws and regulations.


Notices and Restrictions. panOpen Education Content may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.


User License. Subject to these Terms of Service, we grant each user of the Services hosted or managed by panOpen Education a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) panOpen Education Content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any panOpen Education Content for other than purposes of using the Services is expressly prohibited without prior written permission from us.


Availability of Content. We do not guarantee that any Content will be made available through the Services hosted or managed by panOpen Education. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content at our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all; and (ii) to remove or block any Content from the Services that we host or manage.


Educational Data. For instances hosted or managed by panOpen Education, in some circumstances, Educators and/or Administrators may be able to obtain data about their Students' use of Materials, such as the amount of time a Student has spent reviewing such Materials. Additionally, if an Educator, when available, chooses to make such a feature available, Users may be able to view anonymized data that measure the student's performance as compared to their classmates' performance. Students shall have the ability to limit access to such data by opting out and not using the platform. If a Student does not choose to limit an Educator's access to such data ("Opt Out"), and for any period of time prior to a Student Opting Out, the Student will be deemed to have consented to panOpen Education's sharing of such data with the applicable Educator and/or Administrator.


Publisher Administrators may have access to anonymized data concerning the usage of Publisher Materials on the platform. This data will not contain any personally identifiable information about Students. Students have the option to restrict access to this data by opting out and choosing not to use Publisher Materials on the platform. If a Student decides not to limit a Publisher Administrator's access to such data ('Opt Out'), or before a Student exercises the Opt Out option, it shall be deemed that the Student has given consent to panOpen Education to share such data with the relevant Publisher.


For self-hosted instances of the Open-Source Platform, all educational data policies, collection practices, storage, and use are determined and controlled solely by the organization operating that instance. panOpen Education has no access to, control over, or responsibility for educational data collected on self-hosted instances.


Fees. On certain occasions, charges may apply to specific additional tools or resources offered through the Services ('Tools'). For example, fees may be imposed for providing printed versions of Materials, where applicable, or for content development services such as creating supplemental materials including assessments, worksheets, or other learning aids designed to complement specific Materials.


10. Prohibited Conduct

You agree not to use the Services for any unlawful purpose or to engage in any conduct that would violate any applicable law or regulation. You also agree not to:

  • submit, upload, publish, or otherwise make available any content that is illegal, harassing, defamatory, obscene, pornographic, vulgar, invasive of privacy or publicity rights, hateful, or discriminatory;
  • use panOpen Education in any way that may cause damage to the website, impair its availability or accessibility, or interfere with its operation;
  • use the Services to transmit any viruses, worms, or other harmful software;
  • use the Services to engage in any activity that would disrupt or interfere with the Services or our servers by using any automated system, software, or process to access or use the Services;
  • interfere with or attempt to interfere with the proper functioning of the Services or any activities conducted on the Services;
  • engage in any activity that could harm or compromise the security of the Services or our users;
  • impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
  • use the Services for any commercial purpose without our express written consent or appropriate commercial licensing;
  • use panOpen Education to copy, store, host, transmit, send, use, publish, or distribute any content that is unlawful, harmful, or objectionable, or which may infringe on the rights of others; or attempt to gain unauthorized access to any part of panOpen Education, including its servers, computers, or databases;
  • infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy; or
  • publish falsehoods or misrepresentations that could damage panOpen Education or any third party.

11. Privacy

We take the privacy of our users seriously. Our Privacy Policy outlines how we collect, use, and protect your personal information when you use panOpen Education services that we host or manage. By using panOpen Education hosted or managed services, you agree to the terms of our Privacy Policy. For self-hosted instances of the Open-Source Platform, all privacy policies and data handling practices are determined and controlled solely by the organization operating that instance. panOpen Education does not collect, access, or process any personal information from self-hosted instances.


12. Payments and Refunds

When you make a purchase for services provided by panOpen Education, you agree to pay all fees and applicable taxes associated with the purchase, as described on the Site. All fees are in U.S. dollars, and payment must be made by a valid credit card or other payment method accepted by panOpen Education.


panOpen Education reserves the right to change its fees or payment policies at any time, such changes will be posted on the Platform and you will be notified of your final cost before any charges are incurred and will not affect previous purchases. All payments are non-refundable, except as expressly set forth in this Agreement.


All payments are processed securely through third-party payment processors. We do not store or have access to your payment information. Refunds may be issued in accordance with our Refund Policy, which is available in the sign-up process. If you believe there has been an error in billing or if you wish to dispute a charge, please contact panOpen Education's customer service within 30 days of the charge. panOpen Education may provide certain users with the ability to access the Services for free or at a reduced rate, as determined by panOpen Education in its sole discretion. If you are a user who has been provided with access to the Services for free or at a reduced rate, you agree to comply with all terms and conditions of this Agreement, including those related to payment and fees.


Professional Services and Managed Hosting: Fees for professional services (including technical support, training, onboarding, and customization) and managed hosting services are established through separate service agreements. Payment terms for such services are specified in the applicable service agreement.


Alternative Payment Methods. In some cases, in addition to accepting more traditional Payment Methods such as credit cards, we may allow Student users to purchase products using access codes purchased from bookstores or through Inclusive Access programs, in addition to their educational financial aid funds and/or campus cards ("Alternative Payment Method"). In these cases, the acceptance of such Alternative Payment Methods may be subject to the approval of the Student's academic institution and any other applicable entity. We may require a backup Payment Method from the Student, which you hereby authorize us to charge in the event that we are unable to process your Alternative Payment Method for any reason


Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or another provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Account upon request.

Self-Hosted Instances: The Open-Source Platform is available for download and use at no charge under the AGPL-3.0 license. Organizations operating self-hosted instances are responsible for all costs associated with their own infrastructure, hosting, and maintenance. Fees apply only if such organizations choose to purchase commercial licenses, professional services, or premium features from panOpen Education.


13. Termination

We reserve the right to terminate or suspend your access to Services hosted or managed by panOpen Education at any time, without notice, for any reason, including if we believe that you have violated these Terms of Service. For self-hosted instances, access and termination policies are controlled solely by the organization operating that instance.


14. Warranty Disclaimer

We do not have any special relationship with you, nor do we owe you a fiduciary duty. You acknowledge that we have no obligation to take any action regarding which users gain access to the Services, what Content you access via the Services, or how you interpret or use the Content.

You release us from all liability arising from your acquisition or non-acquisition of Content through the Services. We make no representations regarding any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of any material or Content contained in or accessed through the Services.


By posting Content on panOpen Education, you acknowledge that "Open Education Resources" (OER) content can be shared with others, whereas commercial content, such as Publisher content, is licensed and must be kept private. It is possible for an outside website or third party to re-post OER Content. For commercial content, panOpen Education takes measures to keep all content posted on our platform secure and private, and we will not be responsible or liable for any unauthorized access to or use of such content. However, we cannot guarantee that such content will never be leaked or re-posted by an outside party. You agree to hold panOpen Education harmless for any dispute concerning the use of both OER and commercial content, including any re-posting by third parties. If you are posting commercial content on panOpen Education, you represent and warrant that you have the necessary rights and licenses to do so and that your content does not infringe any third-party rights.


THE OPEN-SOURCE PLATFORM IS PROVIDED UNDER THE AGPL-3.0 LICENSE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. PANOPEN EDUCATION MAKES NO WARRANTIES REGARDING THE OPEN-SOURCE PLATFORM'S FUNCTIONALITY, SECURITY, RELIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. ORGANIZATIONS DOWNLOADING AND OPERATING SELF-HOSTED INSTANCES ASSUME ALL RISKS ASSOCIATED WITH INSTALLATION, CONFIGURATION, OPERATION, MAINTENANCE, AND SECURITY OF THEIR INSTANCES.


THE SERVICES AND CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THE FUNCTIONALITY OR USEFULNESS OF MATERIALS, AND WE DISCLAIM ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WE AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT:


(I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;


(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;


(III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR


(IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.


YOU USE THE SERVICES AT YOUR OWN RISK.


You waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party"


15. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and each of our and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, arising from or relating to your use or misuse of, or access to, the Services, Content, Materials, or User Content, violation of these Terms of Service, or infringement by you, or any third party using your account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. Organizations operating self-hosted instances agree to indemnify and hold harmless panOpen Education from any claims arising from the operation of their self-hosted instances, including but not limited to claims related to content, data privacy, security breaches, or intellectual property infringement occurring on their instances.


16. Limitation of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTHS OR (B) $500.00.


PANOPEN EDUCATION SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, DAMAGES, LOSSES, OR EXPENSES ARISING FROM OR RELATED TO SELF-HOSTED INSTANCES OF THE OPEN-SOURCE PLATFORM, INCLUDING BUT NOT LIMITED TO INSTALLATION, OPERATION, MAINTENANCE, SECURITY, DATA LOSS, OR ANY CONTENT OR ACTIVITIES CONDUCTED ON SUCH INSTANCES.


17. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Any legal action or proceeding relating to your access to, or use of, panOpen Education shall be instituted exclusively in the federal or state courts located in the State of New York.


18. Third-Party Services

The Services may include links to websites, services, or resources provided by third parties, such as Amazon Web Services, for storing Materials. You may also find links to the Services on other websites, services, or resources. Please note that accessing third-party resources on the Internet is entirely at your own risk. We do not have control over these resources, and we cannot be held responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any link does not imply that we endorse or have any association with the operators of these websites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party website or resource. Organizations operating self-hosted instances are solely responsible for selecting, contracting with, and managing all third-party services used in connection with their instances.


19. Changes to Terms of Service

We reserve the right to modify or amend these Terms of Service at any time, without notice, by updating this page. Your continued use of panOpen Education following any changes to these terms constitutes your acceptance of those changes.


20. Miscellaneous

Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.


Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.


Assignment. These Terms of Service are personal to you and are not assignable, transferable, or sub-licensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.


Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and neither party has any authority of any kind to bind the other in any respect.


Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service must be in writing and will be considered to have been properly given when received. Notice may be given by personal delivery, certified or registered mail (return receipt requested), electronically confirmed transmission (e.g., email or facsimile), or recognized overnight delivery service (for next-day delivery). Electronic notices should be sent to administrator@panopen.com.


No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.


21. Contact Information

If you have any questions or comments about these Terms of Service or panOpen Education, please contact us at support@panopen.com.