Terms of Service

Effective January 2, 2025

1. Acceptance of the Terms

Welcome to sideby inc or sideby (aka “we,” “us,” or “the Company”).

The following terms and conditions (collectively, these "Terms of Service") expressly apply to access/use of any sideby websites, mobile applications, and services (collectively, "Services").

Please read the Terms of Service carefully before you start using Services, because by using the Services you accept and agree to be bound and abide by these Terms of Service. Should you disagree with some of the provisions herein, you can either leave the Services or contact us.

2. Changes to the Terms of Service and the Services

We reserve the right to update Services and these Terms of Service from time to time, at our discretion and without notice. Your continued use of Services following the publishing of updated Terms of Service means that you accept and agree to the changes. sideby will notify users of significant changes to these Terms through email, app notifications, or updates on the website.

3. Accessing Services

We can't guarantee that Services will be up and running at all times. We reserve the right to suspend or restrict access to some features or users. In any case, we will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period, nor for any data loss.

To access certain features of the Services you have to submit your name and email to receive a password. Your password is for your sole, personal use. You may not publish and share the password. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of the password and will be solely liable for any use or unauthorized use under such password. sideby reserves the right to terminate your access if you do not adhere to the requirements as outlined above.

It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. We reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.

We use SSL encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Services or any content provided on the Services are error free.

We take protection of your personal information seriously, and we manage your personal data according to our Privacy Policy, found below.

4. Conditions of Use

Except as expressly provided to the contrary, sideby invites noncommercial use of its publications, resources, presentations, learning tools, and professional development tools. You are free to download materials and use them with others as long as they are not altered in any way, and as long as sideby and, if applicable, an author, is given proper attribution. When referring to sideby Services in this document, all sideby web properties (sideby and any other web properties and applications belonging to sideby) are included.

If you’re interested in uses not outlined above, commercial or other, you must obtain written permission, and in certain instances, you will also be required to pay a fee. For more information on how to attain materials for commercial or other uses that are not explicitly included in the noncommercial Terms of Service as listed above, please contact us.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store, analyze or distribute content available on sideby Services. Further, you may not use any such automated means to manipulate sideby Services or attempt to exceed the limited authorization and access granted to you under this Terms of Service. You may not resell use of, or access to, sideby Services to any third-party.

By submitting feedback or suggestions, you grant sideby the right to use them freely for platform improvement without any obligation or compensation to you.

5. User Content

sideby may permit you to upload content to use in connection with features available on certain sideby Services.

By submitting photos, videos, comments, de-identified student work, and other digital content to sideby through the Services, you grant sideby a limited, non-exclusive, royalty-free license to use, host, store, process, transmit, display, reproduce, and modify that content only as reasonably necessary to provide, operate, support, secure, and maintain the Services.

This license continues only for as long as the content is maintained through the Services or as otherwise permitted under these Terms, our Privacy Policy, or an applicable institutional agreement.

sideby is under no obligation to screen or monitor content added to sideby Services, but may review content from time to time at its sole discretion to review compliance with these Terms of Service. sideby may include, edit or remove any content posted to sideby Services at any time without notice.

You are solely responsible for your user content and the consequences of posting and publishing them. By uploading and publishing your user content, notwithstanding anything to the contrary in the terms of the license under which you shared any user content with sideby, you affirm, represent, and warrant that:

(a) you are the creator and owner of, or have the necessary licenses, rights, consents, releases and permissions to use and to authorize sideby and, where applicable, other users with whom you choose to share the content to use your user content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by sideby and these Terms of Service;

(b) your user content does not and will not: (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (2) slander, defame, or libel any other person; and

(d) Your user content is free of any digital rights management protections or functionality, including any software designed to limit the number of times User Content may be copied or played.

sideby grants you a limited, non-exclusive, non-transferable license to use the Services for authorized personal, professional, educational, or institutional purposes, and prohibits reverse engineering, sublicensing, or unauthorized sharing of access.

6. Individual Features and Services

When using sideby Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time.

7. Law and Copyright Infringement

We do not undertake to review all material before it is posted within our Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

If you believe that any User Content violates your copyright, please follow the procedure set forth by Section 512(c) of the DMCA and provide us a written takedown notice including the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient for us to contact you, such as email, address, telephone number.
A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to sideby’s designated agent at info@sideby.ai.

It is sideby’s policy to terminate relationships regarding content with third-parties who repeatedly infringe the copyrights of others.

8. Disclaimers of Warranty, Limitations of Liability and Indemnification

Your use of the Services is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Services, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Services. Because the Services are not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third-party's property or information. sideby disclaims all warranties, express or implied, and is not liable for any indirect, incidental, or consequential damages, including data breaches, outages, or unauthorized access.

Any disputes arising from these Terms will be resolved exclusively through binding arbitration, with no participation in class actions permitted

9. Severability and Waiver

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and sideby and govern your use of Services, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

sideby reserves the right to suspend or terminate your account at its sole discretion for violations of these Terms, harmful behavior, or prolonged inactivity.

10. International Access

sideby Services are provided from the United States and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the sideby Services. sideby makes no representations regarding the legality of the sideby Services in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the United States.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of delaware.

12. User eligibility

The Services are intended for users aged 18 or older; by accessing or using the Services, you confirm that you meet this eligibility requirement.

13. Payment terms

If any features of the Services require payment, you agree to provide accurate payment information and authorize sideby to charge the provided payment method; fees are non-refundable unless otherwise stated by applicable law.

14. Third party services

The Services may integrate third-party tools or platforms, and your use of these tools is subject to their terms; sideby is not responsible for third-party content or functionality

15. Communications

By creating an account, you may receive transactional and service-related communications necessary to use the Services. We may also send marketing or promotional communications where permitted; you may opt out of marketing communications at any time.

Privacy Policy

Effective January 2, 2025

At sideby, we collect and manage user data according to the following Privacy Policy. One of our top priorities is making sure that the information we have about you is protected and secure. We value our relationship with you and are absolutely committed to preserving your privacy. This pertains to any access/use of any sideby websites, mobile applications, and services (collectively, "Services").

Please read the Terms of Service in their entirety, and refer to those for definitions and contacts.

Minors and children should not use the Services. By using the Services, you represent that you have the legal capacity to enter into a binding agreement. The Services are intended for users aged 18 or older. By using the Services, you represent that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

sideby and all of the Services referred to above, are operated from the United States. If you are visiting the Services from outside the United States, you agree to any processing of any personal information you provide us according to this policy.

1. Information we collect

We collect anonymous data from every visitor of the Services to monitor traffic and fix bugs.

We collect personal information from visitors and users who submit information through forms or otherwise provide information through our Services.

We also collect information users provide or generate when using the Services, which may include account and affiliation information, professional learning content such as written or spoken reflections and transcripts, participation and learning activity, files or links users choose to share, and technical or usage information associated with use of the Services.

In order to enable these or any other login based features, social sharing functionality, Google Analytics and other site feedback, we use cookies to store session information for your convenience. You can block or delete cookies and still be able to use our Services. sideby uses cookies in the following ways:

For logging in a user and maintaining the session
For allowing the site to determine whether the user's browser is JavaScript capable
For Google Analytics
For social sharing functionality
For providing site feedback

Email: We maintain an internal email list of all persons who have requested information, requested services, registered to use membership content, made an online payment, or made an online donation. We may use this list to send occasional updates and announcements about sideby's programs and resources, or emails of a marketing or soliciting nature. If you do not wish to receive email you may opt out at any time. We process requests to opt out of email communication via email, the link to our email preferences, or SafeUnsubscribe at the bottom of any marketing email. Email requests may be sent to info@sideby.ai; these are processed within three business days. Please note that transactional emails may still be sent to you on an as-needed basis.

Post: Persons who submit their postal address with the goal of receiving further information or making a donation may periodically receive postal mail from us. If you do not wish to receive mail, please let us know by sending a request to info@sideby.ai. Please provide us with your exact name and address and we will be sure your name is removed from our postal mailing list.

Phone: Persons who supply us with their telephone numbers will receive telephone contact from us responding to a request for more information or a transaction, and may also receive unsolicited marketing calls.

2. How we use the data and information

Once your personal information is collected, sideby may use the information in order to provide you the Services or to communicate with you about the services or the Service as well as to communicate information and updates regarding events, useful resources, opportunities, etc via email.

We protect the information you provide by maintaining appropriate security measures in our physical facilities to protect against the misuse of information we have collected from you. All financial information is kept in locked files or electronic files that are password protected. For additional information regarding how sideby protects information collected when a purchase, donation, or gift is made, please visit this third-party site: https://stripe.com/privacy.

3. How we share data and information

We do not sell personal information. We disclose personal information only as described in this Privacy Policy, including when:

doing so is necessary to carry out your request or provide the Services;
we use service providers or other third parties to perform functions on our behalf;
we believe disclosure is necessary to enforce our Terms of Service;
we believe disclosure is necessary to detect, prevent, or address fraud, security, or technical issues;
disclosure is required by law; or
disclosure is otherwise necessary to protect sideby, our users, or the rights or safety of others.

We use service providers and other third parties to perform certain functions on our behalf and may share personal information with them as reasonably necessary to provide, support, secure, and maintain the Services. These providers are permitted to use the information only for the services they provide to sideby and are expected to maintain appropriate confidentiality and security protections.

Where personal information is processed as part of an institution-sponsored use of sideby, that processing is also subject to the applicable institutional agreement and the Institutional Data, FERPA & Education Records section of this Privacy Policy.

We do not sell, rent, or exchange our email or postal mailing lists. We do not sell, rent, or share SMS consent, phone numbers, or text messaging data with third parties for marketing or promotional purposes. SMS data may be shared with service providers only as necessary to provide transactional or service-related communications.

We may use aggregated or anonymized information with external services to help us understand, operate, secure, and improve the Services.

The Services may include optional features or links involving third-party services. Your use of those third-party services may be subject to their own privacy policies and practices.

We may also disclose or transfer personal information in connection with a merger, acquisition, financing, sale of assets, bankruptcy, or similar business transaction, subject to this Privacy Policy and applicable law.4. Access to your information

If you would like to know exactly what personal information sideby has collected about you, we will be happy to share it with you. This includes transaction information (e.g., dates on which you made payments, amounts and types of payments), communications you have directed to our staff (e.g., e-mails, customer inquiries), and contact information (e.g., name, address, phone number). Please email info@sideby.ai with a request to review this information.

4. Institutional Data, FERPA & Education Records

Some sideby users may be students enrolled in colleges, universities, graduate schools of education, or educator-preparation programs. When sideby is provided through such an institution, information maintained in sideby about an enrolled user may constitute an education record protected by FERPA.

When an educational institution provides FERPA-protected information to sideby or directs sideby to maintain such information on its behalf, sideby acts as a service provider performing an institutional service or function for that institution. sideby processes such information only for authorized institutional purposes and subject to applicable restrictions on use and redisclosure.

sideby does not sell Institutional Education Records, use them for behavioral advertising, or use identifiable Institutional Education Records to train or fine-tune general-purpose AI models. Service providers processing such information on sideby’s behalf are required to use it only to provide their contracted services and maintain appropriate confidentiality and security safeguards.

Educational institutions remain responsible for administering FERPA rights. sideby reasonably assists institutions with access, export, amendment, retention, deletion, and other record-management requests relating to information maintained on their behalf.

sideby is not designed for use by K–12 pupils and does not require identifiable K–12 pupil information to provide its core service. Users should not include identifiable K–12 pupil information in sideby reflections or content unless their institution has expressly authorized a workflow designed for that information.

Because educators reflect on real classroom practice, identifiable pupil information may occasionally be submitted inadvertently. When identified, sideby may flag the content for review and take reasonable steps to reduce or remove identifying information, including editing or deleting transcripts, small wins, or other affected content where appropriate. Users may also edit or delete certain content themselves or contact sideby for assistance.

sideby is prepared to enter into Data Processing Agreements, FERPA addenda, or other institutional data privacy agreements, including an institution’s own form where appropriate.

5. Data retention and deletion

sideby retains personal and Institutional Data for as long as reasonably necessary to provide the Services, fulfill authorized institutional purposes, and meet applicable legal or contractual requirements.

When a user account or applicable record is deleted, sideby may first place the information into a restricted archived state in which it is no longer available for ordinary use or processing. Applicable user-linked data is permanently deleted from active production systems within 60 days of deletion being initiated.

Residual copies may remain temporarily in protected backups until they expire through sideby’s normal backup lifecycle and are not restored for ordinary business use.

Certain records may be retained longer where required by law, an applicable institutional agreement, an active security or legal matter, or an outstanding FERPA access or inspection request.

6. Access to your information

7. Recourse

If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number, or you may contact the DMA's Committee on Ethical Business Practices at ethics@the-dma.org, or state and local chapters of the Better Business Bureau, state and local consumer protection office, or The Federal Trade Commission by phone at 202-FTC-HELP (202.382.4357) or electronically at: https://www.ftc.gov/media/71268 (link valid as of May 2023).

8. Changes to the privacy policy

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make major changes in the way we collect or use information, we will notify you by posting an announcement on the website, through a notification in the app, or by sending you an email. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.