Definitions
Article 1. Applicability & Relationship with the General Terms and Conditions
Article 2. Licence & Intellectual Property Rights
Article 3. Permitted Use and Prohibited Use
Article 4. Position within the Education System
Article 5. Data Act
Article 6. Changes to the Service and Availability
Article 7. As is
Article 8. Term, Termination and Exit
Article 9. Governing Law and Disputes
This EULA applies to the use of Gynzy by teachers who open a Gynzy Account. The Gynzy General Terms and Conditions (the GTC) apply in full. In the event of any inconsistency between this EULA and the GTC, the GTC shall prevail.
If the Educational Institution has entered into an agreement with Gynzy, the processing of personal data (including student data) is always governed by that agreement, the applicable Data Processing Agreement (DPA) and the instructions of the Educational Institution. If no agreement between the Educational Institution and Gynzy is in place, Gynzy’s Data Processing Agreement forms an integral part of this EULA.
Gynzy grants the Teacher a personal, non-exclusive, non-transferable licence to use the Gynzy software for educational purposes. All intellectual property rights in and to the Gynzy software, interfaces, templates, media, documentation and updates are owned exclusively by Gynzy.
The licence does not include the right to:
• copy, modify, reverse engineer, decompile or distribute the software;
• circumvent security measures;
• commercially exploit the software.
Teaching materials created by the Teacher in the Account remain the property of the Teacher, unless the parties expressly agree otherwise.
3.1 Permitted use.
The Teacher may use Gynzy for preparing and delivering lessons within the scope of their role. Uploading or creating teaching materials is permitted, provided this is in compliance with the applicable school policy and the law. By using Gynzy’s services, the Teacher confirms and is responsible for ensuring that this is the case.
3.2 Prohibited use.
It is not permitted to:
• use the Account for commercial, harmful, discriminatory or unlawful purposes;
• upload viruses, malicious code or infringing content;
• disrupt the security or integrity of Gynzy;
• upload content in respect of which the Teacher does not hold the necessary rights;
• scrape data or use automated systems to copy the service.
Gynzy is entitled to suspend or terminate the Account in the event of a breach of these rules.
The Educational Institution acts as Controller. The Teacher acts within their mandate and in accordance with the applicable professional statute for teachers. In the event of any conflict between this EULA and the school policy of the Educational Institution, the school policy shall prevail. This EULA never provides a basis for processing personal data outside the school’s instructions.
5.1 Which data may the Teacher export?
The Teacher is only entitled to export:
• User-provided data: data entered by the Teacher (teaching materials, uploads, notes);
• Observed data: system information resulting from the use of Gynzy (e.g. click patterns, settings, library selections).
Not portable under the Data Act (and therefore not available for export) are: • student data; • derived data, analyses, models or AI output generated by Gynzy; • data of third parties.
5.2 Conditions for data portability.
Export is provided in a machine-readable format (such as JSON).
Export is made available:
• for individual Accounts: for a period of 30 days after termination of the Account;
• upon termination of a school contract: within the exit period determined by the Educational Institution (as set out in the GTC).
Gynzy provides reasonable technical support for such export. The Teacher is responsible for removing any personal data from teaching materials that are downloaded when no school agreement is (or is no longer) in place.
5.3 No processing outside instruction.
Gynzy does not process or retain exported data any longer than necessary for the export functionality. The export does not create any new role for Gynzy under the GDPR.
Gynzy aims for high availability but does not guarantee that the service will always operate on an uninterrupted basis. Gynzy may:
• change, extend or discontinue functionalities;
• perform maintenance;
• implement security upgrades.
For changes with a material impact, Gynzy will inform users in a timely manner, unless this is not possible for security reasons.
The software is provided on an “as is” basis. Gynzy does not give any guarantees regarding error-free or uninterrupted operation.
The Teacher may terminate the individual Account at any time. Upon termination, this EULA remains in force until the export period has expired and the Teacher must export their own teaching materials within the prescribed period. After expiry of this period, Gynzy will delete all remaining data from the Account. If a new school agreement is concluded within the exit period, the processing will continue under the responsibility of the same School Board.
This EULA is governed by the laws of the Netherlands. Disputes shall be submitted to the competent courts in the Netherlands.