Terms Of Use

Date of last revision: March 6, 2023

1. Applicability

These General Terms of Use ("Terms of Use"*) are concluded between *Kidimedia BV*, a company incorporated under Belgian law, having its office at Leuvensesteenweg 142, B-3070 Kortenberg, Belgium and registered with the Crossroads Bank for Enterprises with company number 0831.289.505 ("Kidimedia", *"We"*, *"Us"*) and the User ("User", *"You"* or *"Your"*) (together, the *"Parties"*). Kidimedia provides an interactive SaaS platform named *"Bookwidgets"* that allows schools to create educational exercises for their students and is available on the Kidimedia website, www.bookwidgets.com (resp. *"Platform"* and *"Website"). The User is the person who consults the Platform, downloads files, uses them, registers via any form available on the Platform, creates a login, becomes a member, subscribes or enters into a contract with Kidimedia. These Terms of Use outline our relationship with You, as supplemented by our Privacy Policy and Cookie Policy. Please read these Terms of Use carefully before using the Platform.

By visiting and using the Platform, including by creating Widgets, as defined below, You agree with the applicability of the most recent version of these Terms of Use, as well as all applicable laws and regulations that apply thereto and agree to be bound by its provisions. You will be deemed to have taken notice of the Terms of Use and to have accepted them without any reservation. You warrant that You are of legal age to use the Platform and to create binding legal obligations for any liability You may incur as a result of the use of the Platform. You agree that You are responsible for all of Your use of the Platform including for the use of Your account ("Account") by others.

We kindly remind You that We may modify these Terms of Use from time to time without prior notice. Only in case of substantial big changes, will We notify You of any such change by email or notice on the Website or the Platform. If You use the Website or Platform after these updates are posted, You will be deemed to accept these changes and agree to be bound by them. These Terms of Use will continue to apply until terminated, either by You or by Us, as described in these Terms of Use.

2. User license

Kidimedia hereby grants You a worldwide, non-exclusive, limited, non-sublicensable and non-transferable right to use our Platform, subject to the limitations set forth in these Terms of Use and any other limitations communicated by Us in writing. Nothing in these Terms of Use prohibits Kidimedia from providing our Platform to others, including Your competitors.

Except for the limited rights expressly granted below, We reserve all right, title and interest in and to the Website, the Platform and the Widgets, including, without limitation, all copyright and all other associated intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Platform, use of the Platform or access to the Platform without our express written consent. You may not duplicate, copy or reuse any part of the visual design elements without our express written consent.

Unless otherwise indicated, all logos, names, packaging designs and marks on the Platform are trademarks or service marks owned or used under license by Us or our business partners. The use or misuse of any of these marks or other information is strictly prohibited.

You may upload, create and provide content to Kidimedia ("Files"). To the extent You upload, create or otherwise provide Files to Us, You grant Kidimedia a non-exclusive, royalty-free, worldwide, sublicensable, transferable, license to use, copy, store, modify, transmit and display such Files as may be necessary or useful to provide and maintain the Website and/or Platform. Kidimedia reserves the right, but is not obligated, to review and remove Files that is deemed to violate the provisions of these Terms of Use or otherwise inappropriate, third-party rights, or applicable laws or regulations.

Kidimedia will its best efforts to resolve any issues, provided that You comply with the Terms of Use.

3. Use

The Platform can be used to:

  • As a teacher:

    • Create digital activities (HTML components together with any accompanying material) ("Widgets");
    • Share the Widgets with Your students;
    • Monitor Your students’ progress when using the Widgets;
    • Collect, review and grade student work submitted through the Widgets ("Student Work");
    • Download the Widgets as HTML components for use in an eBook or on Your own website ("Widget File");
  • As a student:

    • Completing the exercises of the Widgets Your teacher has shared through the Platform ("Student Widgets");
    • Share Your work with Your teacher;
    • View Your teacher’s feedback;

3.1. Creating Widgets

Widgets can be configured when using the Platform. Teachers can share these Widget configurations with colleagues and collaborate.

Files can be uploaded as part of the Widgets. All content used in Widgets should be appropriate. Examples of content deemed inappropriate are:

  • Content spreading hate or discrimination;
  • Content defaming or victimizing other people, societies, cultures;
  • Content showing violence or using violent language;
  • Content showing nudity or pornographic content;
  • Content violating the copyright of third parties, or content that is subject to other third party proprietary rights.

Uploading content of the types above will result in termination of Your agreement with Kidimedia and immediate blocking of Your Account by Kidimedia. You shall be solely responsible for Your own content and the consequences of submitting and publishing Your content.

3.2. Sharing Widgets

Widgets can be shared through the Platform to be used in various ways:

  • Through a Learning Management System;
  • Through a URL;
  • Through a shortcode that can be used on the Widget Play page or in the iPad app.

Depending on how Widgets are configured and shared:

  • Widgets can be accessed through the browser or the BookWidgets iPad app by anyone who has the shortcode or URL;
  • Widgets can only be accessed by students connected through their LMS.

However, BookWidgets will not promote access to Your Widgets (e.g., through Widget lists or search capabilities) either publicly or to its members without Your consent.

When You share a Widget through our Platform, You automatically grant BookWidgets a royalty-free, perpetual, non-exclusive, worldwide right to share the Widget through its Platform.

Permitted Standard License Uses

If You have an active subscription, You may share Widgets through our Platform for the following purposes ("Permitted Uses"):

  • Use by Your students.
  • Use by students of other BookWidgets Users with an active subscription.
  • Trial or demonstration purposes.
  • Other reasons for which You have received explicit written permission from Kidimedia.

If You have a trial subscription, You may only use Widgets created with BookWidgets for demonstration and evaluation purposes. If there is any doubt that a proposed use is a Permitted Use, You should contact Kidimedia Support for guidance in advance.

Standard License Prohibitions

You may not use the Widgets shared though our Platform in ways which are not expressly permitted in the preceding section. For greater clarity, the following are "Prohibited Uses". Unless You have received explicit prior written permission by Kidimedia You may not:

  • Use Widgets shared though our Platform with Your students if You don’t have an active BookWidgets license;
  • Resell or license Widgets which have been shared through the BookWidgets Platform;
  • Remove any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in the Widget;
  • Distribute or share the Widget in any peer-to-peer or similar file sharing arrangement with anyone that does not have an active subscription.

3.3. Student accounts

When a Widget is shared through an LMS integration, a student Account will be created on the Platform for each student using the Widget.

Personal information about the student from the LMS system will be passed to the Platform and stored, which may include the student’s name, ID, email, grade, course, ….

Such personal information will be held and used in accordance with our Privacy Policy, available on www.bookwidgets.com/privacy. Personal Data of minors may only be processed by the teacher and the school in strict compliance with the applicable data protection regulations. The school may only invite students for which the school has obtained all required approvals and consents.

3.4 Monitor Your students’ progress

When an LMS integration is used to play Student Widgets, the state of the Widget is stored on our BookWidgets servers. The stored Widget will be owned by the teacher or school that assigned the work (depends on how BookWidgets is deployed). Students will be alerted that their teachers can monitor their progress when using the Widgets.

The duration the widget state is stored can be configured but is maximum three (3) years.

3.5. Collecting, reviewing and grading Student Work

Upon completion of the Student Widget, students may submit their Student Work to their school or their teacher.

Depending on how the Widget was configured and shared, they may need to provide teacher Account information (Account name or email address) and their own personal information (name, class ID, email address) at this point. Such personal information will be held and used in accordance with our Privacy Policy, available on www.bookwidgets.com/privacy.

Teachers always need a BookWidgets Account before Student Work can be submitted to them. The Student Work is stored on our BookWidgets servers and will be owned by the teacher or school it is submitted to (depends on how BookWidgets is deployed). It can be accessed by the teacher and the co-teachers if the teacher shares the answers with them or the teachers the school grants access to. Submitted Student Work can be sent back by a teacher to the student that created it, with or without grades and feedback.

Teachers can manage their preferences and/or revoke their consent to send emails or store student work via the Platform. In case Widget Users submit Student Work containing inappropriate or illegal data to Your Account, the teacher shall remove that content from the Platform immediately

Submitted student work will be kept for a minimum of six (6) years or will be deleted after you remove it manually, or when the account the work is associated with is removed.

3.6. Downloading Widgets

Widgets can be downloaded by teachers as HTML components for use in an eBook or on Your own website.

Permitted Standard License Downloads

You may only use and share the downloaded Widgets created with BookWidgets while You have an active subscription for the following purposes ("Permitted Downloads"):

  • Share as part of a Permitted Derivative Work. A "Permitted Derivative Work" is an eBook file which You created as produced by an eBook creation tool which embeds Widgets You downloaded. You may insert and use the Widget an unlimited number of times in an unlimited number of eBook files which You may sell or otherwise distribute an unlimited number of times. You may create new eBook files containing the Widget after Your subscription has been terminated.
  • Host a downloaded Widget on Your website for the sole purpose of using the Widget on Your website itself.
  • Share through other means for which You have received explicit written permission from Kidimedia.

You may only use and share Widgets downloaded with a trial subscription for demonstration and evaluation purposes. If there is any doubt that a proposed use is a Permitted Download, You should contact Kidimedia Support for guidance in advance.

Standard License Prohibitions

You may not use the Widget in ways which are not expressly permitted in the preceding section. For greater certainty, the following are "Prohibited Downloads". Unless You have received explicit prior written permission by Kidimedia You may not:

  • Resell, license or otherwise distribute the Widget unless the Widget is embedded in an eBook file as produced by an eBook editing tool or hosted on Your website for the sole purpose of using the Widget in Your website itself;
  • You may not superficially or substantially modify the Widget outside of the BookWidgets tool;
  • Use the Widget in templates intended for resale, whether online or not;
  • Use the Widget in a fashion that is considered by Kidimedia (acting reasonably) or under applicable law as pornographic, obscene, immoral, infringing, defamatory or libellous in nature;
  • Reverse engineer, decompile, or disassemble any part of source code that is contained within the Widget;
  • Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Widget or the rights granted under these Terms of Use.

4. Membership

The Platform offers different membership plans:

  • A free plan that allows collecting, reviewing and grading Student Work.
  • Paid subscription plans for teachers and schools that allow for creating and sharing Widgets through the Platform.

More information on the different plans is available at www.bookwidgets.com.

5. Uploading Files

Files may be uploaded to the Platform both as part of a Widget or as part of Student Work. You acknowledge that under no circumstances You can demand fees from Kidimedia for the use of said Files. Furthermore, You acknowledge that Kidimedia does not allow the upload of Files that infringe on any copyright, property right, trademark or any other applicable right.

You are solely responsible for the Files You upload, as well as the Files Your readers or students upload to Your Account. Inappropriate or illegal data should be removed immediately. You can remove the inappropriate data by removing the Widget or the Student Work which contains such data.

You acknowledge that Kidimedia cannot be held responsible for the misuse or abuse of any File. We reserve the right to remove or disable access to any File at any time if We believe it infringes on any right. Copyright infringement issues result in the termination of these Terms of Use, the termination of Your membership, and possible criminal prosecution.

Kidimedia and its members do their best to provide accurate information on the services of the Platform, however even with all our efforts typographical and technical errors can occur. Kidimedia cannot be held liable for any losses or damages resulting from the inaccuracy of any information on the Platform.

6. Termination or Cancellations of Accounts and Subscriptions

We may terminate these Terms of Use, terminate all or part of Your access to the Platform, or suspend all or part of a User's access to the Website and/or the Platform, at any time, without notice to You, if We believe, in our sole discretion, that You or any User associated with You has violated or may violate any term or provision of these Terms of Use, if We believe it is required by law,. We may delete any Account information or other material related to Your use of our Platform on our servers or otherwise in our possession. You acknowledge that We shall not be liable to You or any third party for any termination of Your access to our Platform.

All our subscriptions are auto-renewing unless otherwise agreed and can be cancelled at any point in time. We reserve the right to terminate your subscription for non-payment if you fail to adhere to the invoice payment terms.

Inactive accounts will be kept for 3 years. After 3 years we will contact the account owner by email and if the account is not accessed during this term, this will trigger the removal process.

7. Directions to Cancel Your Subscription and Remove Your Account

You can cancel paid subscription on the plan page (www.bookwidgets.com/a/plan) or by contacting support@bookwidgets.com. Your subscription will remain valid for the remainder of the paid term, but no renewal will happen. Your Account will revert to the free plan.

To remove your Account, which includes removing your Widgets and all student data associated with your Account, contact us at support@bookwidgets.com. Make sure you have downloaded all data you want to keep before removing your Account.

8. Representations and Warranties

You will warrant that You will abide by and respect these Terms of Use and any additional guidelines of our Platform. If these cause You any harm, We shall not be held liable.

Kidimedia’s Platform and Widgets are provided "as is" and "as available". Kidimedia makes no representations, warranties or conditions of any kind, either expressed or implied, and hereby disclaims and negates all other warranties, including but not limited to, implied representations, warranties or conditions of merchantability, accuracy, completeness, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights of any of the information or Files provided on or via the Platform and/or any product or service described on the Platform. Further, Kidimedia does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Files, information or materials on its Platform or otherwise relating to such materials or on any sites linked to this Platform. Kidimedia does not warrant that the Platform will be available, uninterrupted, error-free, or free of viruses or other harmful components nor that the Widget will meet Your requirements. Should the Widget prove defective, You (and not Kidimedia) assume the entire risk and cost of all necessary corrections. Some Widgets rely on third party web services. Such Widgets may cease to work when said third party web services shuts down, changes or discontinues their API or otherwise restricts access to its services. Kidimedia is not obliged to provide an alternative for said third party web service and is not responsible for any damage caused by the shutdown, change or discontinuity of the third party web services.

9. Indemnification and Limitation of Liability

All information on the Platform is purely informative and general. Kidimedia cannot be held responsible for Files. The use of any information from this Platform, including images, videos, articles, links or comments, is entirely at Your own risk. If You do not agree with any of these terms, You are prohibited from using or accessing this Platform.

To the extent permitted by applicable law, under no circumstances will Kidimedia or its directors, employees, partners, agents, suppliers or affiliates be liable for any indirect, incidental, special, exemplary, consequential or punitive damages whatsoever, including but not limited to lost profits, interruption, loss of business information, data, use, goodwill or other intangible or pecuniary losses, in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this Agreement, including without limitation from (i) Your access to or use of or inability to access or use the Platform; (ii) any third-party conduct or content on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use or modification of Your transmissions or content, whether based on warranty, contract, tort (including negligence) infringement of intellectual property rights or otherwise or any other legal theory, whether or not We have been advised of the possibility of such damages, and even if any remedy set forth herein is found to fail of its essential purpose. No action, regardless of form or nature, arising out of these Terms of Use may be brought by or on behalf of You more than two (2) years after the cause of action first arose.

To the maximum extent permitted under applicable law, the maximum aggregate liability of Kidimedia to You or You to Kidimedia, respectively, arising from these Terms of Use shall in no event exceed the total amount paid by You for the Platform giving rise to the liability in the twelve (12) months preceding the first incident from which the liability arose. The aforementioned limitations shall not apply to a Party's liability resulting from (i) fraud or deceit, and/or (ii) wilful misconduct.

You agree to indemnify, defend, and hold harmless Kidimedia and its affiliates, Widget providers and their respective officers, employees, shareholders, directors, suppliers, partners and agents (collectively, the "Kidimedia Parties") against all claims, liability, damages, costs and expenses, including reasonable legal fees on a solicitor and client basis) incurred by any Kidimedia Party as a result of or in connection with any breach or alleged breach by You or anyone acting on Your behalf of any of the provisions in these Terms of Use.

Upon notice from Kidimedia, or upon Your knowledge that any Widget is subject to a threatened, potential or actual claim of infringement of another's right for which Kidimedia may be liable, You must immediately and at Your own expense (i) stop using the Widget; (ii) delete or remove the Widget from Your premises, computer systems and storage (electronic or physical); and (iii) ensure that Your clients or ISPs do likewise. Kidimedia shall provide You with replacement Widget (which shall be determined by Kidimedia in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of these Terms of Use.

10. Feedback

With the exception of Personal Data (as defined in our Privacy Policy), if You provide Us with Feedback, including data, variables, comments, suggestions, ideas, notes, drawings, graphics, concepts or other information ("Feedback"), You are providing that Feedback, and all of Your rights thereto, to Us free of charge, and such Feedback will be treated as non-confidential and non-proprietary and may be used by Us for any purpose, without Your consent or any compensation to You or anyone else. This applies whether You submit such Feedback to Us by email, through a form on the Platform, on a bulletin board or otherwise.

11. Links

Kidimedia has not reviewed all of the sites linked to its Platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kidimedia of the site. Use of any such linked website is at Your own risk.

12. Governing Law

Any claim relating to Kidimedia’s Platform shall be governed by the laws of Belgium without regard to its conflict of law provisions. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. In case of conflict, only the court of Leuven, section Leuven, (Belgium) will be competent, without prejudice to the application of the rules concerning the special competence in the Belgian Judicial Code for the settlement of disputes regarding intellectual property rights.

13. Privacy Policy and Cookie Policy

See our privacy policy and cookie policy.

14. Updates and Changes to our Terms of Use

From time to time We may change or update these Terms of Use. If these Terms of Use would be materially different from the ones stated at the time of Your access to the Platform, We will provide You with a notice on our Platform indicating that the Terms of Use have been changed or updated and request You to agree with the updated or changed Terms of Use.

15. Contacting Us

If there are any questions regarding these Terms of Use, You may contact Us at info@bookwidgets.com.

16. General Provisions

Kidimedia's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

This Agreement is personal to You and is not assignable by You without Kidimedia’s prior written consent. Kidimedia may assign this Agreement without Your consent to any other party so long as such party agrees to be bound by its terms.

In the event all or part of any provision of these Terms of Use should be wholly or partially unenforceable or invalid, this will not lead to the unenforceability or invalidity of the remaining provisions. The parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision a valid and enforceable provision or provisions, that as nearly as possible reflects the original intended meaning of the invalid or unenforceable whole or part provision. No Party shall be deemed in default (temporary or otherwise) of these Terms of Use to the extent that any delay or failure in the performance of its obligations under these Terms of Use results from, and without its fault or negligence, acts of God, acts of civil or military authority, unforeseen restrictions of law resulting in regulatory actions, a material change in economic expectations or frustration of contractual performance arising from economic sanctions or embargoes, epidemics, war, riots, insurrections, fires, explosions, earthquakes, floods, unusually severe weather conditions or coincidence.

If, due to circumstances beyond the control of Kidimedia, it is unable to continue with the performance of its obligations or is simply made more expensive or difficult, Kidimedia and the User undertake to negotiate, in good faith and fairly, within a reasonable time, an adjustment to the contractual conditions, this in order to be able to restore the balance. In the absence of agreement, within a reasonable period of time, either party may invoke the termination of the contractual relationship that binds them, without compensation or indemnity of any kind.