Curriculus Membership Agreement
This agreement is between curriculus, LLC, a Delaware limited liability company ("we" or "the LLC"), and the college, university or other institution named on the sign-up form at curriculus.org ("your institution"). "Your institution" includes its campuses and the organizations it controls. This agreement calls the person who fills in the sign-up form "you."
Nikhil Daftary founded curriculus, LLC. As NOTICE.md
explains, Nikhil Daftary and the LLC both offer the license. This
agreement is with the LLC only.
1. What this agreement covers
Curriculus is a written procedure, with scripts and templates, for building college course materials with AI. Two documents apply to your institution.
- The license. The PolyForm Noncommercial License
1.0.0 controls what anyone may do with Curriculus, including using it,
changing it and sharing it. Every copy of Curriculus includes the
license in the file
LICENSE.md. - This agreement. This agreement controls membership: how your institution joins, how your institution receives copies of Curriculus, what your institution may send us, and the promises each side makes.
2. How this agreement fits with the license
(a) This agreement never ends or shrinks the license. Your institution keeps every right that the license gives your institution, even if your institution breaks a promise in this agreement.
(b) In sections 5 to 7, your institution makes promises in exchange for membership, and some of those promises go beyond what the license requires. If your institution breaks one of those promises, the only result under this agreement is that we may end your institution's membership under section 9 or refuse to let your institution rejoin. We won't seek money from your institution under this agreement.
(c) This agreement doesn't limit any right that either side holds under the license, copyright law or trademark law.
(d) If anyone reads this agreement to end or limit the license
itself, the license wins. The plain-English summaries in
NOTICE.md and README.md help readers, but
neither summary changes the license or this agreement.
3. Who may join and who accepts
(a) Who may join. Membership is open to colleges, universities, community colleges and technical colleges that an accreditor or a government recognizes. We may also accept another kind of educational institution, such as a school system or a public research organization, at our choice. We can't accept an institution located in a country or region under a US trade embargo, or an institution that a US sanctions list names.
(b) Businesses can't join. Membership is for institutions, not businesses. A business can't join, even when an institution hires the business.
(c) Two ways to accept. On the sign-up form, you choose one of two ways to accept this agreement.
- For your institution. You confirm that your institution has given you authority to accept agreements like this one, or that your institution's contracts or legal office approved this agreement.
- In your own name. If you lack that authority, you accept this agreement for yourself, for your own work at your institution. Each promise that this agreement describes as your institution's promise then becomes your own promise. Your institution can accept this agreement for itself later through a person with authority.
(d) Review of each request. We review each sign-up request on a case-by-case basis, and we may approve or decline any request. This agreement takes effect when we approve the request. Until we approve or decline the request, and after any decline, only sections 8 and 11 apply. When we decline a request, we don't change any right that the institution already holds under the license.
(e) Your institution's own terms. If your institution's contracts office uses a standard addendum for agreements, the office may send the addendum to hello@curriculus.com, and we will consider the addendum.
4. Your institution's copy
(a) The marks. After we approve the request, we email a copy of Curriculus marked for your institution to the person who signed up. The copy carries a visible line naming your institution and hidden details that let us trace the copy back to your institution. This agreement calls the visible line and the hidden details together "the marks." The hidden details record which membership received the copy and when we sent the copy. The hidden details name no person, send no information to us or to anyone else, and don't appear in the course documents that Curriculus builds. We don't explain how the hidden details work.
(b) Later versions. We may send members later versions of Curriculus. We don't promise to send later versions, to answer questions or to fix problems, though we may do all three.
(c) Your courses. The courses your institution builds with Curriculus belong to your institution, its faculty or both, as your institution's own policies decide. We claim no ownership of those courses. Curriculus may add a line naming Curriculus, such as a footer, to the course documents it builds, and your institution may keep, change or remove that line.
(d) What we see. Curriculus runs on your institution's own computers and AI accounts. We don't see the courses your institution builds or the readings your institution uses, unless your institution sends those courses or readings to us under section 7.
(e) Your institution's name and logo. When you accept this agreement, either for your institution or in your own name, you let us show your institution's name and logo on our websites and in materials about Curriculus. We may show your institution as a Curriculus member, and as a contributor if your institution sends us a contribution. We will follow your institution's published rules for using its logo, and we won't say that your institution endorses Curriculus. We show only your institution's name and logo. We never show your name or the name of any other person at your institution. You or your institution may write to hello@curriculus.com at any time to ask us to change how we show your institution's name or logo, such as to use a newer logo. We will update our websites within 30 days of your request and use the change in new materials. You or your institution may also withdraw this permission at any time by writing to hello@curriculus.com, and the permission ends when membership ends. Within 30 days after the permission ends, we will remove your institution's name and logo from our websites, and we will leave both out of new materials.
5. Sharing Curriculus with other institutions
(a) The license lets your institution share Curriculus, changed or unchanged, with other institutions. This agreement doesn't limit that right, except that section 6(f) asks your institution not to charge for a copy.
(b) We ask your institution to send other institutions to curriculus.org to sign up, in place of giving those institutions your institution's copy. An institution that signs up gets its own marked copy and may receive later versions.
(c) When your institution does share a copy, your institution promises to keep the license notices and the marks, as sections 6(a) and 6(b) describe.
(d) Suppose we find a copy marked for your institution in use in a way the license doesn't allow, or with the license notices or marks removed. Before we take any step against your institution, we will ask your institution how the copy got there. We may act right away against anyone else.
6. What your institution promises
(a) Keep the license notices. The license requires
anyone who shares Curriculus to pass along the license text or its web
address, and every line that starts with "Required Notice:". As a
member, your institution also promises to keep LICENSE.md
and NOTICE.md whole in each copy your institution shares.
This agreement calls those two files and the Required Notice lines "the
license notices."
(b) Keep the marks. Your institution won't knowingly remove or change the marks, and won't try to find, remove or change the hidden details. An ordinary edit that changes a hidden detail by accident doesn't break this promise.
(c) Don't help a business sell Curriculus. Your institution won't sell or give a copy of Curriculus to a business so that the business can sell Curriculus, charge for access to Curriculus, or build Curriculus into a paid product or service.
(d) Don't give your institution's copy to a hired firm. Your institution's own employees, faculty and students may use your institution's copy for your institution's work. Your institution won't let a company use your institution's copy if your institution pays the company to build courses with Curriculus or to operate Curriculus for your institution, unless the company holds a commercial license from us. A company that provides the AI services, computers or IT support your institution's own people use doesn't count as a hired firm. A self-employed person who works alone, including through the person's own one-person company, may use your institution's copy to build your institution's own courses, even when your institution pays the person. The person must keep the same promises that sections 5 and 6 ask of your institution, must use the copy only for your institution's work, and must delete the copy when that work ends. Your institution is responsible to us if the person breaks one of those promises, as your institution would be for its own employee. To ask about a commercial license, write to hello@curriculus.com.
(e) Don't call a changed version Curriculus. curriculus, LLC uses the name "Curriculus" for this procedure and claims the name as its trademark. Your institution may say that its version is "based on Curriculus." Your institution won't call its own changed version "Curriculus" or present the changed version as the original Curriculus.
(f) Don't charge for copies. Your institution won't charge another institution for a copy of Curriculus.
7. Feedback and contributions
(a) What the words mean. "Feedback" means comments, ideas, problem reports and suggestions about Curriculus. A "contribution" means text, scripts, templates or changes that someone sends us to add to Curriculus. Feedback or a contribution comes from your institution when an employee, faculty member or student of your institution sends the feedback or contribution to us.
(b) Nothing is required. Your institution doesn't have to send us anything. We don't have to use what your institution sends, and we don't pay for feedback or contributions.
(c) The permission your institution gives. When your institution sends us feedback or a contribution, your institution gives curriculus, LLC a permanent, worldwide, free and non-exclusive permission to use, copy, change, share, sell and license what your institution sent, under any terms we choose, and to let others do the same. Your institution can't take back this permission. The permission includes any patent rights your institution holds in a contribution. As far as the law allows, your institution won't assert moral rights, such as a right to be named, against us or against anyone we license Curriculus to. Whoever owns what your institution sends keeps that ownership. We don't treat feedback or contributions as confidential, except as section 7(f) says.
(d) Each contributor's own permission. Before we add a contribution to Curriculus, we ask each person who made the contribution to give us the same permission in their own name, by checking a box or signing a short form. To your institution's knowledge, a contribution includes no material copied from someone else without permission, such as passages from a textbook. A contribution also includes no material under a license that requires changed versions to carry the same license, such as the Creative Commons Attribution-ShareAlike license.
(e) No student records. Your institution won't send us student records or other private information about a student in any feedback, contribution or course excerpt. If we receive student records by mistake, we will delete the records and tell your institution.
(f) Your institution's courses stay out. A course your institution builds isn't feedback or a contribution unless your institution calls the course a contribution in writing when your institution sends the course. If your institution sends part of a course to show us a problem, we will use that part only to fix the problem and will delete that part once we fix the problem. We won't publish that part or add it to Curriculus.
(g) Credit. We name your institution as a contributor only as section 4(e) allows.
8. Personal information we hold
(a) What the sign-up form collects:
- your institution's name and country
- your name, job title and work email address
- whether you accept for your institution or in your own name
- how your institution would like to run Curriculus: with its own team, with its own team and paid coaching from us, or not sure yet
- the date, the time, the exact wording you accepted, the version of this agreement and the internet address your computer used
(b) Why we collect sign-up information:
- to check that your institution can join and that you work there, which may mean asking your institution
- to mark your institution's copy and email the copy to you
- to send later versions, updates and formal notices about membership and this agreement
- to trace a marked copy that someone uses in a way the license doesn't allow
- to show who accepted which version of this agreement
We use your answer about running Curriculus only to plan how we can help your institution. That answer doesn't affect whether we approve the request.
(c) Other personal information. We also keep the names and email addresses of people who send us feedback or contributions, and the technical details our website records when someone visits, such as an internet address. We use those details only to answer the sender, handle the feedback or contribution, and keep the website working and safe.
(d) The copy record. For each copy we send, we keep a record of the institution, the membership, the version, the date and the hidden details in that copy. The copy record names no person. We keep the copy record for as long as copies might be in use, because tracing a copy depends on that record.
(e) Who receives personal information. We share personal information only with:
- companies that help us run Curriculus, such as website hosting, email, file storage and AI tools, and only so those companies can do that work for us
- your institution, to check that you work there
- our lawyers and accountants
- a company that takes over Curriculus under section 11(g)
- others, when the law requires us to share the information or when we need to share the information to trace a marked copy or protect our rights
We don't sell personal information or use it for advertising.
(f) How long we keep personal information. We keep the names, job titles and email addresses of you and any second contact, and the record of your acceptance, while the membership lasts and for 3 years after membership ends, so that we can show who accepted which version of this agreement. If we decline a request, we delete the sign-up information within 12 months of declining the request.
(g) Your rights. Anyone whose personal information we hold may ask us to show, correct, delete or send them a copy of that information, or to limit or stop our use of the information, by writing to hello@curriculus.com. We answer within 30 days. Our privacy note at curriculus.org/privacy explains more about how we handle personal information, including the rights that the law of the requester's home country or state gives. If section 8 and the privacy note differ about personal information, we follow whichever of the two better protects the person whom the information describes.
(h) Safety. We protect personal information with reasonable safeguards, such as limiting access to the people who run curriculus, LLC and protecting accounts with two-step sign-in. If someone gets into personal information without permission, we will tell the affected people and institutions without undue delay.
(i) Emails about other offerings. If we ever email news about offerings other than membership, each such email will include a way to stop receiving those emails, and we will honor that choice.
(j) A second contact and a new contact. Your institution may name a second contact, such as its contracts office, at any time by writing to hello@curriculus.com. If you leave your institution or ask us to delete your contact details, your institution should name a new contact by writing to hello@curriculus.com. Until your institution names a new contact, we send notices to the second contact, if your institution gave one, or to the last address we have.
9. Ending membership
(a) Your institution may leave at any time. To end membership, email hello@curriculus.com.
(b) If your institution breaks this agreement. We will tell your institution in writing what went wrong. Your institution then has 32 days after receiving our notice to fix the problem and to take practical steps to correct any past harm, and if your institution does both, the membership continues. Otherwise, we may end your institution's membership by writing to your institution. Your institution gets the 32-day chance once. After a second broken promise, we may end the membership by written notice without giving another 32-day chance. The license separately gives your institution 32 days to fix the first license violation that someone reports to your institution in writing.
(c) Other reasons we may end a membership. We may also end your institution's membership by written notice if the sign-up form held false information, if your institution no longer meets section 3(a), if a business takes control of your institution, or if a law requires us to stop.
(d) If we stop the program. We may end membership for all institutions by giving members 60 days' written notice.
(e) What ending membership changes. After membership ends, your institution stops receiving new versions and updates from us, and your institution can't send us contributions.
(f) What ending membership doesn't change. Ending membership doesn't end your institution's license. The license continues for the copies your institution already holds, under the license's own terms. The promises in sections 5(c) and 6 still apply to copies that your institution received while a member, and if a former member breaks one of those promises, we may refuse to let the institution rejoin. Sections 2, 4(c), 4(e), 7, 8, 9, 10 and 11 also still apply after membership ends.
10. No warranty and a limit on liability
(a) As is. We give Curriculus and membership for free and as is, without any warranty or condition, whether stated or implied. We give no implied warranty of merchantability, fitness for a particular purpose, title or non-infringement. We make no promise that Curriculus works without errors or suits your institution's purpose. We also make no promise that the materials Curriculus helps produce are accurate, complete or accessible, or that those materials meet any accreditation standard. We designed Curriculus so that a person at your institution reads and approves each file before the file reaches an instructor or a student. Your institution is responsible for the courses your institution builds.
(b) AI services. Curriculus works with AI services that your institution chooses. Those services have their own terms, and we aren't responsible for those services. Your institution answers for what its people send to those services, including student records and copyrighted readings, and for checking what those services produce.
(c) No liability. As far as the law allows, we won't be liable to your institution for any damages arising out of this agreement, membership or Curriculus, under any kind of legal claim. Those damages include lost profits, lost data, accreditation costs and fees for AI services. If a court decides that we are liable despite this section, our total liability to your institution won't exceed $100. The license has its own no-liability rule.
(d) Who this section protects. This section also protects Nikhil Daftary and the LLC's members, managers and workers.
11. Other terms
(a) Governing law and courts. Delaware law governs this agreement. The state and federal courts in Delaware hear any dispute about this agreement. If a law that binds your institution requires its own law or its own courts, that law and those courts apply instead.
(b) Changes to this agreement. We may post a new version of this agreement at curriculus.org/agreement. A new version applies to your institution only after a person at your institution accepts the new version in one of the two ways that section 3(c) describes. Until then, the version your institution last accepted still applies. We may ask your institution to accept the new version before we send your institution the next version of Curriculus. A new version doesn't reach back to anything that happened before your institution accepted the new version. A new version never cuts back section 4(c) or section 7(f) for courses that your institution built, or course excerpts that your institution sent us, before the change.
(c) Notices. Email counts as writing. A notice counts as received one business day after the sender emails the notice to the address on file. We send formal notices to the person who signed up and to the second contact, if your institution gave one. Your institution sends notices to hello@curriculus.com.
(d) Public records. This agreement asks your institution to keep nothing secret. A public institution may release this agreement or its copy of Curriculus when a public records law requires the release.
(e) Public institutions. Nothing in this agreement waives any legal protection, such as immunity from suit, that a public institution holds, in the United States or anywhere else.
(f) Laws that bind your institution. If a law that binds your institution makes a term of this agreement unenforceable against your institution, that term doesn't apply to your institution, and the rest of this agreement still applies.
(g) Transfer. Your institution may transfer its membership only to an institution that takes over your institution, such as in a merger. The institution that takes over gets its own license under the license's terms. We may transfer this agreement to a company that takes over Curriculus or our business, after we tell members about the transfer, and that company must keep the promises in section 8. The license itself says that nobody may transfer their license to anyone else.
(h) No waiver. If either side chooses not to enforce a term once, that side keeps the right to enforce that term later.
(i) Nobody else. This agreement gives rights only to your institution, to us and to the people that section 10(d) protects.
(j) The whole agreement. This agreement and the license make up the whole agreement between your institution and us about membership. If a court finds part of this agreement unenforceable, the rest of the agreement still applies.