MAP Accelerator and Khan Academy Accounts
The MAP Accelerator service (the "Service") is provided by Khan Academy, Inc., a California 501(c)(3) organization ("Khan Academy"), through Khan Academy's website located at http://khanacademy.org and related application programming interfaces (API's), mobile applications and online services (the "Website").
Except as supplemented by following supplemental terms or as otherwise provided herein, the Service is provided pursuant to, and subject to the terms and conditions of the Master Subscription Agreement ("MSA") or End User Subscription Agreement under a Fiscal Agent Agreement ("EUSA") located at: https://legal.nwea.org/, provided however, these supplemental terms are hereby incorporated by reference into the MSA or EUSA with respect to Service, and modify certain of the MSA or EUSA terms as applied to the Service, as provided herein. We refer to these supplemental terms as the "MAP Accelerator Terms".
Each student ("Student"), and each teacher, leader, aide, or other similar personnel ("School Personnel") enrolled in the Service will be registered with an individual account on the Website. Khan Academy accounts are provided free of charge to students, teachers, and other authorized School Personnel.
As used herein, visitors and users of the Website (including Students and School Personnel) are referred to individually as "User" and collectively as "Users" and accounts held by those persons are referred to as "User Accounts"." User Accounts held by Students and School Personnel are sometimes collectively referred to as "School Accounts".
1. Administrative Accounts. Subscriber will register for one or more accounts for use by School Personnel who will administer Subscriber's use of the Service ("Admin Accounts"). Admin Accounts are provided for the sole purpose of oversight, administration, account management and access to Service provided through the dashboard. Each authorized administrator will register for a separate account. Any use of an Admin Account for other purposes is not authorized.
2. User Account
2.2 Account Opening. Khan Academy will facilitate the creation of individual accounts and assign Students to initially designated classes in accordance with instructions and data provided by NWEA and/or Subscriber. Such data will include information necessary to separately identify accounts to be held by Students under age 13 and age 13 or above and by School Personnel. Khan Academy may roster Users with pre-existing School Accounts that match the instructions and data provided by NWEA, rather than creating new accounts for those Users.
2.3 Subscriber understands and agrees that Students are bound to the Website TOS.
2.4 Passwords. Each User will register for a separate User Account. Accounts may not be shared or transferred among Users. Users are responsible for maintaining the confidentiality of each password registered for use of the accounts. Subscriber agrees to accept responsibility for all activities that occur under such accounts and passwords.
2.5 Use of Khan Academy Accounts After Subscription Term. Upon termination of the subscription for the Service, individual User Accounts for Students and School Personnel will remain open and available for use for other educational purposes. Following any termination of the Service, administration of User Accounts will be handled by Khan Academy.
2.6 Personal Accounts.
(a) Linked Accounts. Students and other School Users may have personal accounts (i.e., accounts associated with an email address other than the applicable school account or email address) in addition to School Accounts. Khan Academy may (but is not required to) permit a User to associate a personal account with their School Account, by using the login credentials associated with a personal account to join a class or use the account for school-directed learning. If a User chooses to associate a personal account with their School Account, we refer to these as "Linked" Accounts". The User's learning activity (information regarding use of the Website generated by the User through use of the Website), whether generated during or outside of the school use, may be viewed by any person with access to either account. Linked Accounts are not separately functioning accounts; they permit access to a singular Khan Academy account using more than one account interface or set of access credentials. Linked Accounts may benefit Students who want to use the Website for both personal and School purposes, by allowing School Personnel to have a deeper understanding of Student progress, and by allowing Users to keep track of all of their Khan Academy learning activity on an aggregate basis. The User's election to enable Account Linking must be made, if at all, in connection with the initial account registration and rostering process for a given school year.
(b) Khan Academy Activity in Linked Accounts. Upon any termination of the School Account by authorized School Personnel, the User's learning activity (including any learning activity from school use) will be retained in any Linked personal account, notwithstanding any termination of the School Account.
(c) User-Generated Content. Prior to termination of School Accounts at the direction of School Personnel, Khan Academy may invite Users, or parents or legal guardians of Students, to establish and maintain a personal account for purposes of retaining any content generated or provided and owned by Users under the Website TOS (including such User's learning activity). Any such Personal accounts will be established under Khan Academy's standard account opening process, including parent consent for Users under the age of 13.
3.1 Definitions: Nature of Services. MAP Accelerator is a Service that provides personalized learning plans for students and other services and support for Subscribers, and is delivered through the Khan Academy Website. The Service does not include any additional license grant under Section 2 (Grant of License) of the MSA or EUSA.
4.1 Proprietary Materials; Licenses. The Website is owned and operated by Khan Academy. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, training materials, professional development resources, and all other elements of the Website and Service, other than certain trademarks or copyrights owned by NWEA and licensed to Khan Academy for use in providing the Service (the "Khan Academy Materials") are protected by United States and international laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any content provided and owned by Users under the Website TOS, all Khan Academy Materials, and all trademarks, service marks, and trade names, contained on or available through the Website or through the Service are owned by or licensed to Khan Academy, and Khan Academy reserves all rights therein and thereto not expressly granted to Users under the Website TOS. Subscriber shall allow Khan Academy to use, without restriction or royalty obligation, any comments, suggestions, or contributions provided by Subscriber with respect to the Website and Service. Subscriber grants and assigns to Khan Academy any intellectual property rights that Subscriber may incidentally obtain or have with respect to any such comments, suggestions, or contributions.
4.2 Permitted Use: Prohibited Conduct. Subscriber may access and use the Service solely through their School Accounts, and solely for Subscriber's educational purposes. Subscriber shall not, nor permit any of its authorized Users to, use the educational videos, exercises, and related supplementary materials that are owned by Khan Academy or its third-party licensors (the "Licensed Educational Content") made available on the Website, or any educational, user-readable source code in connection with the "Computer Science" modules or exercises available on the Website (the "Licensed Educational Code"), except as permitted under, and pursuant to, these terms and the Website TOS. Subscriber shall not, nor permit any of its authorized Users to, engage in any conduct using the Website that is "Prohibited Conduct" under the Website TOS.
5. Student Personal Information and Educational Records.
5.3 Personalized Learning. The Service and Website use adaptive learning technologies to provide customized student learning services and suggested learning activities based on factors such as Website interactions, age, and class/ course enrollment. Subscriber agrees that Khan Academy's use of personal information for adaptive learning, customized student learning plans or related purposes, including issuing prompts to Students to complete, or teachers to assign exercises, or suggesting additional learning activities on the Website, are part of the Service and are not targeted advertising under Section 6.1 (Privacy- Student Education Records) of the MSA or Section 6.1 (Use of Student Education Records) of the EUSA.
6. FERPA. With respect to Section 7 (FERPA) of the MSA or EUSA, parents or guardians of Student Users may have parent accounts associated with a Student User. If Khan Academy receives a request from a parent or guardian of a Student User requesting access to or correction of information in Student Education Records maintained by Khan Academy, Khan Academy may provide direct assistance parent or guardian with respect to information that may be accessed in the parent account.
7. Research and Analysis. In addition to Section 8 (GRD) of the MSA or EUSA, Subscriber authorizes Khan Academy to use Student Education Records, information derived from Student Education Records and Demographic Data for purposes of educational research, analytics, efficacy studies and other analyses relating to development of its personalized learning products and services, including research and analyses that may be provided to or conducted jointly with NWEA, Subscriber and other subscribers. Demographic Data means gender, ethnicity, race, and when provided by the Subscriber, eligibility for special programs including Free/Reduced Lunch, English Language Learner, and Special Education. Free/Reduced Lunch status information will be provided at the discretion of the Subscriber. Khan Academy may collect, analyze, and use current and historical data derived from Student Education Records, as well as data about users' access and use of the Service and Website, for product development and analytics purposes, including for the purpose of analyzing, improving or demonstrating the effectiveness of the Service or Website and educational services. Subscriber's permissions and obligations expressed this Agreement survive the termination of this Agreement and any renewals; provided, that Khan Academy may not share or publicly disclose information that is derived from Student Education Records unless the data is de-identified and/or aggregated such that the information does not reasonably identify a specific individual.
8. Modification of Website TOS.
8.1 Terms Subject to Change. Except as provided in Section 8.2, Khan Academy reserves the right, at its discretion, to change, modify, add, or remove any portion of the Website TOS at any time. Please check the Website TOS and any posted guidelines periodically for changes to the Website TOS. Subscriber's continued use of the Website after the posting of changes constitutes its binding acceptance of such changes. For any material changes to the Website TOS, Khan Academy will provide notice of such amended terms, and such amended terms will be effective on the earlier of (i) actual notice of such changes and (ii) thirty days after Khan Academy makes reasonable attempt to provide Subscriber with such notice pursuant to Section 22.10 (Notices) of the MSA or Section 20.10 (Notices) of the EUSA. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately.
8.2 Material Changes. Khan Academy will not make any material change to the Website TOS affecting the use of the Service, or change how personal Information contained in Student Education Records is used or shared under this Agreement during the term of this Agreement, without notice to Subscriber. If a change with respect to how personal Information contained in Student Education Records is used or shared under the Website TOS or this Agreement has a material adverse impact on Student Users or Subscriber, and Subscriber does not agree to the change, Subscriber must notify Khan Academy within thirty days of receiving the notice of change by notice to firstname.lastname@example.org. If Subscriber notifies Khan Academy as required, then the Subscriber will remain governed by the terms in effect immediately prior to the change until the end of the then current term of the Agreement. If the subscription to the Service is renewed, it will be renewed under Khan Academy's then-current Website TOS.
9. Exceptions to Application of MSA and EUSA Terms. The following clarifications and modifications are made with respect to the application of the MSA or EUSA terms to and for the benefit of Khan Academy:
9.1 Confidentiality. With respect to the Service, the provisions of Section 1.8 and Section 5 (NWEA Confidential Information) of the MSA and 1.13 and 5 (NWEA Confidential Information) of the EUSA shall also apply to Khan Academy, and all references therein to "NWEA" shall also refer to and be provided for the benefit of Khan Academy.
9.2 Product Training. Product training for the Service will be administered and provided by NWEA. Portions of the training may be provided directly by Khan Academy, including introductory product training, which may be provided to Subscriber's School Personnel and staff administering the Service through a series of email messages and prompts.
9.3 Support. Khan Academy will provide direct support to Student Users with respect to use of the Website and related learning activity, as well as any available updates, enhancements, modifications, improvements, and maintenance services relating to the Service that are made available from time to time. Support for teachers and staff will be administered and provided by NWEA.
9.4 Publicity. Subscriber consents to Khan Academy's use of and references to Subscriber's name, directly or indirectly, in Khan Academy's marketing and training materials.
9.5 Third Party Beneficiary. Notwithstanding Section 22.3 (No Third-party Beneficiaries) of the MSA or Section 20.3 (No Third-party Beneficiaries) of the EUSA, Subscriber understands and agrees that Khan Academy is an intended third party beneficiary of these MAP Accelerator Terms. Without limiting the foregoing, THE DISCLAIMERS AND LIMITATIONS SET FORTH IN SECTIONS 19 (Limitation of Liability), 20 (Indemnification) and 22 (Miscellaneous) OF THE MSA, SECTION 17 (Limitation), 18 (Indemnification), AND 20 (Miscellaneous) OF THE EUSA AND ANY ASSOCIATED ORDER ALSO APPLY TO KHAN ACADEMY AS AN EXPRESS THIRD PARTY BENFICIARY. DISCLAIMERS AND LIMITATIONS SET FORTH IN THE WEBSITE TERMS OF SERVICE APPLY TO USERS OF THE WEBSITE.
9.6 Inapplicable Provisions: The following provisions are not applicable for the Service: Section 8 (GRD) of the MSA and EUSA.
10. Entire Agreement. This Agreement contains the entire understanding of the parties regarding Khan Academy's provision of the Service, and supersedes all prior and contemporaneous negotiations and agreements, whether written or oral, between Subscriber and Khan Academy with respect to the subject matter of this Agreement, including any data sharing agreements entered into in preparation for delivery of the Service.
Updated: July 21, 2020