Acceptable Use Policy

TERMS OF ACCEPTABLE USE

Last Updated 3rd July 2023

By accessing or using the Cohere (also referred to as ‘instAcademy’ or ‘Cohere instAcademy’) web application, you agree to be bound by these Terms of Acceptable Use (“Terms of Acceptable Use"). The Service is owned or controlled by Cohere Learning Limited. These Terms of Acceptable Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Acceptable Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Acceptable Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Acceptable Use.

Basic Terms

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. You represent that all information you provide or provided to Cohere instAcademy upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other Cohere instAcademy users.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Cohere.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Cohere instAcademy users.
You must not use domain names or web URLs in your username without prior written consent from Cohere.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Cohere instAcademy page is rendered or displayed in a user's browser or device.
You must comply with Cohere's instAcademy Community Guidelines.
You must not create accounts with the Service through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Acceptable Use or any other Cohere terms.
We require the users of our Service to follow these Terms of Acceptable Use and our Policies. We can remove any content or information you post on Cohere instAcademy if we believe that it violates these Terms of Acceptable Use, our Policies (including our Community Guidelines), or we are required to do so by law. We can refuse to provide or stop providing all or part of Cohere instAcademy to you immediately if you: clearly, seriously or repeatedly violate these Terms of Acceptable Use or our Policies, including our Community Guidelines, if you repeatedly infringe other people’s intellectual property rights, or where we are required to do so by law. If we take such action to disable your account, we will notify you of this by email or when you log into your account. You may also delete your account or disable your application at any time.

General Conditions

You acknowledge that we may make updates to the Cohere Service from time to time. You can deactivate your Cohere instAcademy account by logging into the Service and requesting deactivation via the Contact instAcademy form. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
Upon termination, all licenses and other rights granted to you in these Terms of Acceptable Use will immediately cease.
We reserve the right, in our sole discretion, to change these Terms of Acceptable Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Acceptable Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Acceptable Use will govern any disputes arising before the effective date of the Updated Terms.
If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property).
Cohere reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users on instAcademy. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third- party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Cohere does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Cohere is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Cohere has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Cohere Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Cohere's express consent).

Rights

You own all of the content and information that you post on Cohere instAcademy. Through your privacy and application settings, you can control how it is shared. For content which is covered by IP rights, such as photos and videos (IP content), you expressly grant us the following permission, subject to your privacy and application settings and subject to the Service's Privacy Policy, available here https://www.cohere.education/privacy-policy: You grant us a non-exclusive, transferable, sub-licensable, worldwide license to use any IP content which you post on instAcademy (IP license). This IP license is only for the purpose of making available the Cohere instAcademy service and ends when you delete the IP content or, if the IP content has been shared by others, when they delete the IP content (whichever is later). You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.
You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Acceptable Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Acceptable Use in your jurisdiction.
The Service contains content owned or licensed by Cohere ("Cohere instAcademy Content"). Cohere instAcademy Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Cohere, Cohere owns and retains all rights in the Cohere instAcademy Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Cohere instAcademy Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Cohere instAcademy Content.
Although it is Cohere's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Cohere reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Cohere, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Cohere encourages you to maintain your own backup of your Content. In other words, Cohere instAcademy is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Cohere will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
You agree that Cohere is not responsible for, and does not endorse, Content posted within the Service. Cohere does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Acceptable Use, you may bear legal responsibility for that Content.
Except as otherwise described in the Service's Privacy Policy, available at https://www.cohere.education/privacy-policy, as between you and Cohere, any Content will be non- confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Cohere is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Cohere in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Cohere, and Cohere will not be liable for any use or disclosure of any Content you provide.
It is Cohere's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Cohere does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Cohere is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Reporting Copyright and Other IP Violations

We respect other people's rights, and expect you to do the same.
We provide you with tools to help you protect your intellectual property rights. To report claims of intellectual property infringement, email contact@cohere.education.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

Disclaimer of Warranties

The service, including, without limitation, Cohere instacademy content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither cohere nor any of their employees, managers, officers or agents (collectively, the "cohere parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the Cohere instacademy content; (c) user content; or (d) security associated with the transmission of information to cohere or via the service. In addition, the cohere parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

The Cohere parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. The cohere parties do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk. The cohere parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the Cohere parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these terms of acceptable use.

By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

The Cohere parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

Limitation of Liability; Waiver

Under no circumstances will the Cohere parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the Cohere content; (c) user content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the Cohere parties or law enforcement authorities regarding your or any other party's use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service's operation; or (h) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Cohere parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will the Cohere parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the Cohere parties total liability to you for all damages, losses or causes or action exceed one hundred Great Britain pounds (£100.00).

You agree that in the event you incur any damages, losses or injuries that arise out of Cohere’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Cohere parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Cohere parties.

Cohere is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Cohere's request), indemnify and hold the Cohere Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Acceptable Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Cohere in the defence of any claim. Cohere reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Cohere.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Cohere must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity. These Terms of Acceptable Use constitute the entire agreement between you and Cohere and governs your use of the Service, superseding any prior agreements between you and Cohere. You will not assign the Terms of Acceptable Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Cohere. Any purported assignment or delegation by you without the appropriate prior written consent of Cohere will be null and void. Cohere may assign these Terms of Acceptable Use or any rights hereunder without your consent. If any provision of these Terms of Acceptable Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Acceptable Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Acceptable Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Acceptable Use. These Terms of Acceptable Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Cohere to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Cohere provides.

The effective date of these Terms of Acceptable Use is July 3rd, 2023.