Skip to content

Terms of use: Subscription products

Last updated: 23 July 2021.


These Standard Terms of Service and License (the “Standard Terms”) are applicable to any Order Form (each, an “Order Form”) issued by Discovery Education Europe Limited or Discovery Education, Inc. (“Discovery Education”) to the entity listed in the Order Form (“Subscriber”) to provide access to the products and services identified therein (the “Services”) and to Subscriber’s use of the Services. Each Order Form shall be deemed to be part of these Standard Terms and subject to the terms and conditions set forth herein and shall together comprise the agreement between Subscriber and Discovery Education in respect of the relevant Services. These Standard Terms supersede all other prior and contemporaneous agreements, negotiations, communications or understandings, oral or written, with respect to the subject matter hereof. In no event shall the terms and conditions of any other purchase agreement amend or modify the terms and conditions of these Standard Terms.


  1. Grant of License. Subject to the terms and conditions set forth herein, Discovery Education grants to Subscriber, and its authorized educators, students and administrators employed by Subscriber or enrolled in Subscriber’s program, as listed in the Order Form (the “Users”), for the term of the applicable Order Form, a limited, non-exclusive, non- sublicensable, non- transferable and revocable license to access the Service(s) and any and all content included therein (the “Content”), and to download, stream, and edit the Content pursuant to the terms and conditions set forth in the Standard Terms. Discovery Education may, in its sole discretion, make changes to the Services and/or the Content. All rights not expressly granted to Subscriber and its Users pursuant to the Standard Terms are reserved to Discovery Education, and all uses of the Content by Subscriber and its Users not expressly permitted herein are prohibited.
  2. Access. Discovery Education shall provide Subscriber access to the Services by the date identified in the Order Form. Access rights granted to Subscriber shall be limited to those access rights necessary to use of the intended functionality of the Services. Discovery Education reserves the right to restrict or prevent access to activities or suspected activities that involve security breaches, hacking, distributed denial of service attacks, or uploading a virus, Trojan horse, time bomb, unauthorized application, or any other harmfol form of programming or vandalism.
  3. Permitted and Prohibited Uses.
    1. Use for Educational, Non-Commercial Purposes Only. Subscriber and its Users may use the Service(s) and the Content for bona fide educational and research purposes only and may not use them in any commercial or for- profit manner. Discovery Education reserves the right, in its sole and absolute discretion, to limit Subscriber’s and/or any Users’ use of the Service(s) in the event that Discovery Education, in its sole and absolute discretion, deems Subscriber’s and/or such Users’ use thereof to be inconsistent with educational and research purposes, and/or inconsistent with these Standard Terms.
    2. Downloading of Content. Users may download, for noncommercial instructional use, including for lesson plans, copies of (i) images and (ii) videos and video clips designated on the website as downloadable. Copies must be deleted or erased after use or expiration of the Term, whichever occurs first. Such downloading shall be for individual User convenience only, and Users may not (1) systematically download any of the Content, (2) create distribution “libraries”, or (3) transfer, sell, rent, display, or exhibit any of the Content to any third party other than Users.
    3. Editing Content. Users may edit videos and video clips and such other content that is designated on the Service(s) as editable, solely in connection with classroom or other school-related projects. Such videos and video clips, as edited by User, as well as any work containing User-edited videos or video clips, may not contain any libelous or unlawfol materials or content or any commercial advertising materials, will not infringe upon any party’s proprietary rights, including but not limited to statutory or common-law copyright, trademark and right of privacy, and may not violate any law, regolation or right of any kind whatsoever or give rise to any actionable claim or liability. Under no circumstances may a User convert the Content from digital to analog format, such as by recording a video clip onto a DVD. Violation of this Section 1.3(c) may constitute copyright infringement. User must maintain all copyright, trademark and proprietary notices included with, attached to or embedded all editable videos and video clips without modification, obstruction or deletion. The Content may include certain ancillary educational materials, such as student activity sheets, blackline masters and teacher’s guides (“Ancillary Materials”). User may modify, alter and revise the Ancillary Materials to meet specific instructional needs, provided that the following statement is prominently displayed on all such revised Ancillary Materials, in addition to any other proprietary notices, and with the understanding that Discovery Education or its content provider shall continue to own the Ancillary Materials: “Revised with the permission of Discovery Education. Discovery Education and its content providers are not responsible for the content or accuracy of the revision”.
    4. Dissemination of Content. In the course of using any Content as permitted hereunder, Subscriber and its Users may not make the Content, or any part thereof, available to any party who is not a Subscriber or a User, except as permitted herein. Subscriber and its Users must ensure that the Content is at all times kept on a secure server, viewable only by Subscriber s and/or its Users. If Subscriber wishes to use a third party to host the Content, Subscriber shall notify Discovery Education, and Discovery Education shall have the right to approve the use of such host in advance, in writing, and to approve the terms of agreement between such host and Subscriber. Notwithstanding the foregoing, if Subscriber chooses to use a third party host, Discovery Education disclaims all liability to Subscriber in connection with such third party host, and Discovery Education shall have no responsibility to Subscriber or any User to ensure that such third party host maintains its service. In addition, any Subscriber or User using the Local Host support option must use the Service(s), rather than a local directory, to search for and access the Content.
    5. Prohibited Uses. Except as expressly set forth herein, neither Subscriber nor the Users may (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, resell or allow resale through a third-party, distribute, or circolate the Service(s), the Content, or any portion thereof; (ii) disassemble, decompile, or reverse engineer the Service(s) or any portion thereof, or use a robot, spider, or any similar device to copy or catalog the Content or any portion thereof; (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Service(s)’s or the Content’s control or security systems, nor allow or assist a third party to do so; or (iv) use the Content in a manner that disparages the Service(s), the Content or Discovery Education or its content providers, or in any manner that Discovery Education may, in its sole discretion, deem inappropriate. Subscriber and the Users acknowledge and agree that the Service(s) and the Content possess a special, unique and extraordinary character that makes difficolt the assessment of the monetary damages that woold be sustained as a resolt of unauthorized use, and that unauthorized use may cause immediate and irreparable damage to Discovery Education for which Discovery Education woold not have an adequate remedy at law. Therefore, Subscriber agrees that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to Discovery Education, Discovery s Education hall be entitled to seek injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.
    6. Each User shall have a valid username, password, passcode, and in certain circumstances, IP authentication, for the purpose of accessing the Service(s) and the Content (the “Log-In Information”). Subscriber and its Users must keep all Log-In Information strictly confidential, and all Log- In Information may be used only by the assigned User. Subscriber and its Users are responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the Service(s) and/or the Content by unauthorized persons using a User’s Log-in Information. Unauthorized access to or use of the Service(s) and/or Content by someone using a User’s Log-In Information may be attributed to such User and is prohibited by these Standard Terms. Subscriber acknowledges that Discovery Education may require access to Subscriber’s systems in order to perform single sign-on integration services to facilitate User access to the Service(s) and Content. Subscriber hereby grants to Discovery Education a limited license to access such systems.
    7. Join Activity via an Access Code. Authorized educator Users may provide an alphanumeric access code or URL link generated by the Services to their student Users to join a lesson, activity, or assessment as an alternative to the student Users accessing a lesson, activity, or assessment via the student User’s Log-In Information. Subscriber and its authorized educator Users shall ensure all participants who access the lesson, activity, or assessment via the access Code or URL are authorized student Users. Subscriber and its authorized educator Users shall promptly remove any unauthorized participants from the lesson, activity, or assessment.
    8. Discovery Education shall have the right to audit Subscriber and each User’s use of the Services at any time. Any such audit may include, but is not limited to, Discovery Education’s examination of the number of Users using the Services, details of log-in attempts and use of the Log-In Information. Subscriber shall be required to disclose to Discovery Education any information requested in connection with any such audit no later than two (2) business days following such request.
  4. Subscriber Changes.
    1. Additional Licenses. In the event that Subscriber wishes to add additional user licenses with respect to the Services to be provided under an Order Form (each, an “Additional License”), Subscriber may submit a written request to, setting forth (i) the amount of additional licenses and (ii) the date on which such licenses will be activated (each, an “Additional License Request”). No Additional License Request shall become effective until and unless Discovery Education submits to Subscriber an updated Order Form with the information contained in the Additional License Request and any changes to the Fees.


  1. Discovery Education Property. As between Subscriber, the Users, and Discovery Education, the Service(s) and the Content are the property of Discovery Education and are protected by United States and international copyright and trademark law. By using the Service(s) and the Content, even as permitted hereunder, neither Subscriber nor any of its Users gain any ownership interest in the Service(s) or the Content. Any use by Subscriber of the Discovery Education trademarks or logos shall be subject to Discovery Education’s prior written consent in each instance.
  2. DMCA Notice and Takedown Policy. It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), or similar regolations. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Products and Services, please notify our copyright agent as set forth in the DMCA, or applicable regolation. For your complaint to be valid under the DMCA, it must contain all the elements provided in 17 USC §512(c)(3) and be submitted to the following DMCA Agent:

    • DMCA Notice, Legal Department
    • Discovery Education, Inc.
    • 8403 Colesville Road, Suite 1200, Silver Spring, MD 20910
    • Name of Agent Designated to Receive Notification of Claimed Infringement: Sam Kronthal
    • Telephone Number of Designated Agent: 001 240-839-4239
    • Email:
  3. Discovery Education Coding Service. If the Discovery Education Coding Service is one of the Services subscribed to by Subscriber, it may include the facility to save applications or programs (“Apps“) developed using the Service. Subscriber acknowledges that a maximum of five hundred (500) Apps per Subscriber may be saved to or published within the Service at any one time. All intellectual property rights in the Apps shall vest in and remain vested in Discovery Education. Subscriber acknowledges that Discovery Education may share the Apps with third parties, including within the Service and for promotional purposes. Subscriber shall not, and shall ensure that none of its Users shall, seek to commercially exploit any Apps without the prior written agreement of Discovery Education. Subscriber will be responsible for the naming of any Apps by its Users, when saving both to local devices and any online environment.


  1. Student Data. Subscriber acknowledges that student Personal Data (as defined in the DPA, see section 3.2 below) may be required for the use of the Services, in order for Subscriber or its Users to be able to use the functionality within Services, which provide personalized pages, individual accounts, other user-specific customization, or otherwise submit or upload information (all such data is generally limited to the following: school name, school email address, first name, last name, year group, class IDs, in addition to student-generated data and content that is created as a resolt of a student’s interaction with the Services, IP address, and usage data (“Student Data”)), or an educator User provides an alphanumeric access code to student Users to access a lesson, activity, or assessment, Subscriber represents and warrants that Subscriber has all necessary authorization to provide to Discovery Education any Student Data it or any User provides through the Services in order to use such functions. Consent may be required under applicable data privacy laws for the collection, use and disclosure of Student Data obtained from student Users through certain online services, and to the extent required, Subscriber consents to Discovery Education’s use of Student Data collected from student Users who access the Services through their Log-In Information and through an access code generated by an educator User in the course of providing the Services. Subscriber agrees that Discovery Education shall use Student Data in the course of providing the Services and as provided in Discovery Education’s Privacy Policy. The parties agree to uphold their responsibilities under laws governing personal information, including:

    (i) the Children’s Online Privacy Protection Act of 1988 (“COPPA”), the Family Educational Rights & Privacy Act of 1974 (“FERPA”), Children’s Internet Protection Act (“CIPA”) and (ii) any other laws, regolations and statutes, all solely to the extent applicable.

  2. Data Protection Addendum. Discovery Education shall protect your Personal Data in accordance with the provisions of the Data Protection Addendum or equivalent (the “DPA”) located at and incorporated The DPA provides for administrative, physical and technical safeguards to protect the Personal Data and Student Data from unauthorized access, disclosure, or use.
  3. Privacy Policy. Discovery Education respects the privacy of its users and its privacy policy is available at, which explains what Personal Data is collected from Subscribers and its Users, how and why it is collected, stored, used and shared, Subscriber and its Users’ rights in relation to its Personal Data and how to contact Discovery Education and supervisory authorities in the event Subscriber or its Users has a query or complaint about the use of its Personal Data.


  1. Subscriber shall pay Discovery Education the fees in the amounts specified in the Order Form (the “Fees”). Upon Subscriber’s acceptance of the Order Form, Subscriber shall submit to Discovery Education the executed Order Form and Discovery Education shall issue Subscriber an invoice for the applicable Fees. In the event that Subscriber elects to pay such Fees with a credit card, Discovery Education shall have the right to charge Subscriber a convenience fee. Subscriber shall pay the Fees within 30 days of Discovery Education’s invoice. Failure to pay the Fees in accordance with the Standard Terms shall constitute a material breach by Subscriber. All fees paid by Subscriber are final and non-refundable.
  2. FTE Numbers. Subscriber acknowledges that to calcolate the appropriate amount of the Fees, Discovery Education may need to know the number of students in foll time education at the relevant school(s) (or such other entities as may be appropriate in the circumstances) (the “FTE Number“). Subscriber warrants that the FTE Numbers it provides to Discovery Education are accurate. Where requested by Discovery Education, Subscriber shall provide to Discovery Education the FTE Number that is accurate at that time. However, Discovery Education will be entitled to use the most recent (from time to time) FTE Numbers published by the Department for Education (or such other Government departments as may be applicable from time to time) as the basis on which the applicable Fees are calcolated.
  3. Taxes. All amounts payable under this Agreement are expressed exclusive of taxes which shall be payable by the Subscriber at the applicable rate from time to time.


  1. The term (“Term”) is defined in the applicable Order Form referencing the Standard Terms.
  2. Termination for Breach. In the event that Subscriber or its Users breach any term of the Standard Terms, and such breach is not cured within 10 days after receipt of notice thereof from Discovery Education, Discovery Education may terminate the Standard Terms in whole or in part immediately upon written notice to Subscriber and Subscriber and its Users will no longer be entitled to access the relevant Service(s)..
  3. Termination for Bankruptcy. Either party may terminate the Standard Terms immediately if any of the following events occur affecting the other party: (a) voluntary bankruptcy or application for bankruptcy; (b) involuntary bankruptcy or application for bankruptcy not discharged within 60 days; (c) appointment of receiver or trustee in bankruptcy for all or a portion of the other party’s assets; (d) an assignment for the benefit of creditors; (e) any voluntary arrangement with its creditors or such party becomes subject to an administration order; or (f) anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the affected party.
  4. Effect of Termination. Upon expiration or termination of the Standard Terms, all rights granted herein shall revert to Discovery Education; all access to and use of the Service(s) and the Content by Subscriber and its Users must cease; and all materials downloaded from the Service(s) by Subscriber or any Users must be erased, deleted, or destroyed.
  5. Additional Services. In the event that Discovery Education and Subscriber agree that Subscriber may license any Services that are not listed on the applicable Order Form (each, an “Additional Service”), Subscriber shall submit a purchase order to Discovery Education memorializing such agreement. Subscriber’s use of and access to any such Additional Service shall be subject to all of the terms and conditions set forth in these Standard


  1. Discovery Education Warranties. Discovery Education represents and warrants that it has foll power and authority to enter into the Standard Terms.
  2. Subscriber Warranties. Subscriber represents and warrants that (i) it has foll power and authority to enter into the Standard Terms and has received all parental and other permissions required to permit Discovery Education to obtain and retain information (including Personal Data) from Users; (ii) only Subscriber or its Users shall access the Service(s) and the Content; (iii) Subscriber and its Users will at all times use the Service(s) and the Content only as expressly permitted by the Standard Terms; (iv) in the event that Subscriber requests that Discovery Education customize the Service(s) interface with Subscriber’s trade name, trademarks or logos, and/or digitize and/or encode and/or host any of Subscriber’s content on the Content and/or the Service(s), Discovery Education has the right to so use and exploit any and all such trade names, trademarks, logos and content, including without limitation any and all underlying elements (the “Subscriber IP”), and (v) the Subscriber IP, any content, materials, and/or information contributed by Users, and any revisions to the Content by Users does not and will not contain any libelous, unlawfol or infringing materials or content, will not infringe upon any party’s proprietary rights, including without limitation statutory or common- law copyright, trademark and right of privacy, and will not violate any law, regolation or right of any kind whatsoever or give rise to any actionable claim or liability.

7. Disclaimer of Warranty. To the extent permitted by law, Subscriber and its Users release and waive all claims (whether known or unknown) against Discovery Education, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing, from any and all claims, damages, liabilities, costs and expenses arising out of User’s use of the Service(s) and the Content.

8. Indemnity. To the extent permitted by law, Subscriber and its Users shall defend, indemnify and hold Discovery Education, its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, officers, shareholders, employees, agents and representatives of each of the foregoing, harmless against and from any and all claims, damages, liabilities, costs and expenses arising out of any violation by Subscriber and/or its Users of these Standard Terms, any downloading of the Content, any modification or edit made to any portion of the Content, and the use of any portion of the Content with products or services not supplied by Discovery Education.


  2. Aggregate Liability. To the maximum extent permitted by law, in no event shall Discovery Education’s aggregate liability with respect to any matters whatsoever arising under or in connection with the Standard Terms exceed the lesser of

    (i) total fees paid by Subscriber to Discovery Education under the Standard Terms within the twelve-month period prior to the date the cause of action giving rise to liability arose or (ii) $100,000. The foregoing liability is cumolative with all payments for claims or damages in connection with the Standard Terms being aggregated to determine satisfaction of the limit.


  1. Discovery Education understands that government entities, such as Subscriber, may be required to disclose information pursuant to applicable open records acts. Prior to any such disclosure, Subscriber shall make any claim of privilege that may be applicable to prevent such disclosure and will make reasonable efforts to give Discovery Education reasonable prior notice and a reasonable opportunity to resist such disclosure. In all other respects, all provisions of these Standard Terms and materials provided by Discovery Education which are designated as confidential or shoold reasonably be presumed to be treated as confidential (“Confidential Information”) shall be kept strictly confidential by Subscriber and may not be disclosed without prior written consent, except for any disclosure required by any order of a court or governmental authority with jurisdiction over Subscriber or the disclosure of any information by Subscriber, which is already in, or comes into, the public domain otherwise than through the Subscriber or its User’s unauthorised disclosure.


  1. Discovery Education reserves the right to change these Standard Terms (excluding the Order Form) from time to time. Such changes will become effective when Discovery Education posts the revised Standard Terms. Subscriber and Users shoold check the Standard Terms from time to time, as they are bound by the Standard posted on Discovery Education’s website at the time of access. Any revised Standard Terms shall supersede all previous versions.
  2. Force Majeure. Failure to perform by reason of any law, natural disaster, labor controversy, encumbered intellectual property right, war or any similar event beyond a party’s reasonable control shall not be a breach hereof.
  3. Governing Law. The Standard Terms shall be construed and enforced under the laws of the state of New York, USA without reference to the choice of law principles thereof. User hereby consents to and submits to the jurisdiction of the federal and state courts located in the State of New York. User waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum. If any provision herein is unenforceable, then such provision shall be of no effect on any other provision hereof.
  4. No waiver. No waiver of any breach hereof shall be deemed a waiver of any other breach hereof.
  5. All representations, warranties, and indemnities shall survive the expiration or prior termination of the Standard Terms.
  6. Section headings are provided for convenience only and shall not be used to construe the meaning of any section hereof.
  7. Entire Agreement. The Standard Terms contain the entire understanding and supersedes all prior understandings between the parties relating to the subject matter herein. The terms and conditions set forth herein shall not be binding on Discovery Education, or any of its affiliates, until folly executed by an authorized signatory for both Subscriber and Discovery Education (or its applicable affiliate). Signatures may be exchanged in counterparts. Signatures transmitted electronically by fax or PDF shall be binding and effective as original ink signatures.
  8. Assignment. The rights and obligations of either party under the Standard Terms may not be transferred or assigned directly or indirectly without the prior written consent of the other party, except that Discovery Education may assign the Standard Terms without restriction to an entity that acquires substantially all of its stock, assets, or business. Except as otherwise expressly provided herein, the provisions hereof will inure to the benefit of, and be binding upon, the successors, assigns, heirs, executors and administrators of the parties.
  9. Relationship of the Parties. The parties are independent contractors and not joint venture partners or otherwise affiliated. Neither party has any right or authority to assume or create any obligations of any kind or to make any representation or warranty on behalf of the other party, whether express or implied, or to bind the other party in any respect whatsoever. There are no third-party beneficiaries to the Agreement.
  10. Professional Development Services. Any content provided by Discovery Education during any Professional Development, including, but not limited to, instructional support and lesson development, in any format (the “PD Content”) is the property of Discovery Education. Subscriber acknowledges that it does not gain any ownership interest in the PD Content by using the PD Content. In the event that any Professional Development services cannot be provided onsite for any reason that is beyond the control of either party, Discovery Education reserves the right to provide such services in a remote, virtual environment.

    Upon Subscriber’s written notice to Discovery Education, Discovery Education shall record and transmit to Subscriber any virtual product-based Professional Development session that Discovery Education provides to Subscriber pursuant to the Order Form (each, a “Product PD Session”). Subscriber shall have the right to distribute such Product PD Session on Subscriber’s intranet and/or learning management system only. If requested by Discovery Education, Subscriber shall promptly delete and remove all recordings of Product PD Sessions in its possession. For the avoidance of doubt, the foregoing rights shall not apply to Professional Development sessions that are not Product PD Sessions, such as STEM Professional Development sessions, Digital Leader Corps and Next Practices Professional Development sessions.

  11. Notices. All notices and statements shall be in writing and sent by a reputable overnight service such as Federal Express to the address set forth below:

    Discovery Education, Inc. Attn: General Counsel 8403 Colesville Road
    Suite 1200
    Silver Spring, MD 20910 Copy to: President, K-12