Orchard Support Center

Terms of Use - NON STUDENTS

Effective: December 2022

Updated: December 2025

PLEASE READ ALL OF THE FOLLOWING CAREFULLY BECAUSE THESE TERMS OF USE AND PRIVACY POLICY (collectively “Orchard Terms”), ALONG WITH ASU’S PRIVACY POLICY, THE TERMS OF USE AS LINKED BELOW GOVERN YOUR USE OF ORCHARD. FOR PURPOSES OF THESE ORCHARD TERMS:

• “WE” OR “US” REFERS TO ASU 
• “YOU” REFERS TO THE USERS OF ORCHARD, INCLUDING:
  • “CONTENT CREATORS” REFERS TO ORCHARD USERS  WHO BUILD EDUCATIONAL CONTENT IN THE PLATFORM
  • “EDUCATORS” REFERS TO ORCHARD USERS INVOLVED IN DELIVERING EDUCATIONAL MATERIALS TO YOU, SUCH AS TEACHERS, AIDES, AND TUTORS
  • “ADMINISTRATORS” REFERS TO ORCHARD USERS INVOLVED IN ADMINISTRATION, SUCH AS SCHOOL OR DISTRICT OFFICIALS.

IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE ORCHARD.

WHEN YOU LOG IN TO YOUR ACCOUNT AND CLICK THE ‘ACCEPT’ BUTTON FOR THESE TERMS, YOU CONSENT TO:

1. ASU using the Personal and Performance Data, defined further in this document, you provide to us to interact with you regarding any information you request. We do not sell user data collected from Orchard users.
2. The most recent terms of ASU'S PRIVACY STATEMENT
3. The most recent terms of ASU’S TERMS OF USE
4. The most recent terms of ASU's IP POLICY
5. The most recent terms of ASU'S COPYRIGHT AND TRADEMARK STATEMENT
6. The Orchard Terms of Use as set forth below.

WE MAY MODIFY THE ORCHARD TERMS FROM TIME TO TIME IN OUR SOLE DISCRETION AND WITHOUT NOTICE TO YOU. WE WILL POST THE MOST RECENT REVISION DATE AT THE END OF THIS POLICY. YOUR CONTINUED USE OF ORCHARD AFTER ANY MODIFICATION TO THE ORCHARD TERMS OR TO ASU'S PRIVACY STATEMENT, ASU’S TERMS OF USE, ASU's IP POLICY, and ASU'S COPYRIGHT AND TRADEMARK STATEMENT MEANS YOU HAVE ACCEPTED THE MODIFICATIONS.

PRIVACY

Overview of Orchard. The Arizona Board of Regents for and on behalf of Arizona State University and its related entity ASU EdPlus (ASU, EdPlus, us, or we) developed Orchard, a learning content database that can be used to manage and share learning content and to create personalized learning experiences.

What Data Orchard Collects. 

Orchard logs your interactions with the platform to allow us to better understand engagement and usage of the platform (collectively your “Performance Data”).

In addition to the information that we may collect about you as stated in the ASU'S PRIVACY STATEMENT, to use Orchard, you may be required to provide us with the following information, or we may collect this information from the platform where you accessed Orchard (collectively referred to as “Personal Data”):

• First name
• Last name
• Email Address
• Organization
• Department
• Login Credentials

Additional optional personal data may be requested and can be provided at user’s discretion.

If you are affiliated with a school or organization, your Personal Data may be provided to us from that school or organization. 

Orchard may use session analytics tools such as Google Analytics or FullStory to understand user behavior and devices/browsers used,  identify opportunities for usability improvements, and troubleshoot technical issues. These tools collect anonymized data, including devices and browsers used, geographical location, usage data such as clicks, navigation paths, and system information, but not keystroke or sensitive input fields.

How We Use Your Data. 

Orchard uses your Performance and Personal Data to understand engagement and usage of the platform.

We may also archive your Performance and Personal Data; use it in an aggregated and de-identified form for research and analytics purposes; use it for future communications with you; use it to establish, exercise, and defend legal claims; use it for reasons of substantial public interest, including archiving purposes; and use it for historical, scientific, research, or statistical purposes, subject to appropriate safeguards and any consents required by applicable laws. When reasonably possible, we process your Performance and Personal Data on an anonymized, pseudo anonymized, and/or de-identified basis.

You understand that your acceptance constitutes your consent to the collection, use, and disclosure of your personal information for the above purposes. If you do not consent, you may not proceed.

YOUR CHOICES

Emails. You may change previously expressed preferences regarding how we use information you provide on or through Orchard. For example, if you have provided your contact information and receive periodic emails from us, you may decide to stop receiving those emails by clicking the “unsubscribe” link in an email’s footer. Note that we may still send you emails regarding your usage of Orchard. For other changes, please contact us at orchardsupport@asu.edu.

Previously Expressed Preferences. If you have created an account on Orchard, you may be able to access, update or correct your information through your account settings. Otherwise, you may contact us to update your information. Please contact us using the information provided above. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover.  In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identity.

Do Not Track Signals.  Some web browsers (such as Safari, Internet Explorer, Firefox and Chrome) have a “Do Not Track” (DNT) feature that tells websites that users do not want to have their online activity tracked. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, ASU does not respond to DNT signals.

Children. Orchard is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted Personal Data on or through Orchard without the consent and supervision of a parent or guardian, please contact us using the information provided below so that we can take appropriate action.

TERMS

General Terms. We reserve the right to suspend or discontinue your use of Orchard if you use, or we suspect you use, Orchard in a manner inconsistent with the Orchard Terms, the ASU’S TERMS OF USE, the ASU'S PRIVACY STATEMENT or any applicable laws, rules, and regulations. In addition to suspension or discontinuance of your use of Orchard, we may take appropriate administrative and/or legal action, as we deem necessary.

ASU’s failure to enforce any provision of the Orchard Terms will not constitute a waiver of any other provision.

All questions or disputes regarding Orchard will be resolved by ASU in its sole discretion. Please direct questions or disputes to orchardsupport@asu.edu. All decisions made by ASU or its designated agents regarding Orchard, your use of Orchard, and the Orchard Terms are final.

Your use of Orchard is subject to all applicable laws and regulations.

Account Registration. If you create an account on Orchard (a “User Account”) and submit information to us, you must ensure that such information is accurate. You must promptly update such information if it changes. If you’re agreeing to the Orchard Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your school or district), you represent and warrant that you are authorized to agree to these terms on that organization or entity’s behalf and bind them to these terms.

Accounts are Personal. You may not use anyone else’s account at any time. You may not buy, sell, rent, or lease access to your User Account or your username. You will not share or otherwise transfer your User Account or credentials.

Security of Your Account. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your User Account. You agree to notify ASU immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or User Account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by ASU or a third party due to someone else using your User Account, regardless of whether they are authorized.

Limitation of Liability; Warranties; Disputes. ASU is not responsible for technical, network, electronic, computer, hardware or software malfunctions, or inaccurate transmission of data, including errors or difficulties that may occur in connection with the administration of Orchard or communicating with you. ASU is also not responsible for any incorrect or inaccurate information, whether caused by Orchard users, tampering, hacking, or by any equipment or programming associated with or used in Orchard.

You accept all responsibility for, and hereby release ASU of and from, any claims, liabilities, damages or expenses that may arise from your use of Orchard, or for any harm or injury caused by your use of Orchard.

UNDER NO CIRCUMSTANCES IS ASU LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF ORCHARD, EVEN IF ASU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.

ASU DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING ORCHARD, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your school or district), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.

You promise to use Orchard in a manner that complies with all laws that apply to you, and in a manner in accordance with your current organization’s contracted agreement with Orchard. If your use of Orchard is prohibited by applicable laws or outside the scope of your organization’s contracted agreement with Orchard, then you aren’t authorized to use Orchard. Orchard is not liable or responsible for any use of Orchard that breaks your organization’s contracted agreement with Orchard, or any applicable laws.

Governing Law. The Orchard Terms will be governed by the laws of the State of Arizona without regard to any conflicts of laws principles. ASU’s obligations are subject to the regulations/policies of the Arizona Board of Regents. Any proceeding arising out of or relating to this Agreement or your use of Orchard will be conducted in Maricopa County, Arizona. You consent to such jurisdiction, and waive any objection you may have to venue or convenience of forum.

Intellectual Property.  The materials displayed or performed on Orchard, including, but not limited to, text, graphics, articles, videos, photos, images, illustrations, User Submissions (defined below), and so forth –i.e. the “Content” are protected by copyright and other intellectual  property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access or upload into Orchard, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you except as permitted within Orchard, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including ASU’s) rights.

You understand that ASU also develops, owns, and publishes its own digital content through Orchard, and that you cannot modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), creative derivative works based on, or otherwise exploit any of the Orchard content or services without our permission, or as per your organization’s contracted agreement with ASU. Derivative works are only allowed when you belong to an organization that has contracted for the rights and administrative tools to do so.

User Submissions. Anything you post, upload, share, store, or otherwise provide on Orchard is your “User Submission.” Some User Submissions are viewable and usable by other users. In order to display your User Submissions on Orchard, and to allow other users to access or view them (where applicable), you grant us certain rights in those User Submission, as outlined below. 

Non-exclusive License. To properly administer Orchard and preserve the contents for future use, we require certain permissions and representations from you, the author(s) or copyright owner of the User Submissions. By granting this license, you are not transferring ownership in the copyright to the work nor are you giving up the right to submit the work to publishers or other repositories.

By accepting the Orchard Terms, you hereby grant to ASU the non-exclusive, irrevocable, royalty-free, and worldwide right to reproduce, exhibit, create derivative works, including translation (as described below) and/or distribute your User Submissions (including the metadata and abstract) in any format or medium worldwide and royalty-free for non-commercial, academic purposes only. For the avoidance of doubt, and subject to the non-exclusive license you grant to ASU herein, to the extent you own content you submit, you retain your ownership rights in such content.

Orchard will clearly display your name(s) as the author(s) of the submission, and will not make any alteration, other than as allowed by these terms, to your User Submissions.

You agree that ASU may, without changing the content, translate the submission to any medium or format and keep more than one copy for purposes of security, back up and preservation.

You also agree that certain authorized Orchard users may have the right to use your User Submissions for non-commercial, academic purposes, so long as all attributions are retained.

You represent and warrant that (1) you have all of the rights necessary to grant the license and rights contained in this license agreement; (2) your submission does not, to the best of your knowledge, infringe upon any third party’s copyright or other intellectual property rights; and (3) the submission contains no libelous or other unlawful matter and will not violate the right of privacy or constitute an invasion of any other rights of any person or third party.

You are responsible for all Content you contribute, in any manner, to Orchard. If the submission contains material for which you do not hold copyright, you represent that you have all necessary rights to submit it, including sufficient permission from the copyright owner to grant ASU the rights required by this license, and that such third-party owned material is clearly identified and acknowledged within the text or Content.

If the submission is based upon work that has been sponsored or supported by an agency or organization other than ASU, you represent that you have fulfilled any right of review or other obligations required by that contract or agreement.

You acknowledge and agree that we may or may not, at our discretion, screen User Submissions before or after its appearance on Orchard, but that we have no obligation to do so. You further acknowledge and agree that we reserve the right, in our sole discretion, to reject, move, edit, or remove any User Submission that is contributed to Orchard, but we do not assume the obligation. Without limiting the foregoing, we have the right, in our sole discretion, to delete any User Submission that violates these Orchard Terms, or is otherwise objectionable, or for any reason whatsoever. You acknowledge and agree that we do not verify, adopt, ratify, or sanction User Submissions, and you agree that you must evaluate and bear the risks associated with your use of or your reliance on the accuracy, completeness, or usefulness of the Content.

You agree to hold ASU harmless for any liability arising from any breach of the representations given by you in this license agreement.

Permitted Use and Restrictions. You are granted a limited, non-transferable license to access and use the platform and its content solely for non-commercial, and educational purposes. Access is limited to online use through the ASU-provided learning management system (the ASU Platform) with a valid ASUrite ID; offline and downloadable access is prohibited.

For any and all content other than content owned by you, you agree not to:

• Copy, reproduce, print, or transmit any portion of the content exceeding two pages or 2,000 characters for use outside the platform.
• Sell, distribute, sublicense, share, or publicly display any content or your access credentials.
• Download, burn, or otherwise make electronic copies of any content.
• Use, display, or retain any content beyond the authorized access period.

The content is provided “as is,” without warranties of any kind, express or implied, including merchantability or fitness for a particular purpose. Under no circumstances shall ASU or its licensors be liable for indirect, special, or consequential damages, including but not limited to lost time, money, profits, or goodwill.

Artificial Intelligence (AI) Use Agreement. Under no circumstances may ASU content or any publisher content be used with, or incorporated into, any artificial intelligence (AI) tools, platforms, or systems. This includes—but is not limited to—using such content to train, fine-tune, validate, test, or enhance any AI model or service.

You are expressly prohibited from uploading, copying, or inputting ASU content or publisher content into AI platforms for any purpose, including academic study, tutoring, summarization, rewording, or translation. This prohibition applies even if the intent is non-commercial or for personal learning. Any such use may violate intellectual property rights and is strictly forbidden under these Terms.

Disclaimer on Scientific and Medical Content. Certain content accessed through this platform may relate to scientific, medical, or health-related topics. While efforts are made to provide accurate and up-to-date information, ASU and its licensors make no representations or warranties regarding the completeness, accuracy, or currentness of such content. Users are solely responsible for verifying any information before relying on it for clinical, educational, or decision-making purposes. This content is provided for educational use only and is not intended to substitute for professional advice, diagnosis, or treatment. ASU and its licensors disclaim any responsibility for errors, omissions, or outcomes related to the use of this information.

DMCA. If you believe that your work has been copied or used on Orchard in a way that constitutes infringement, please provide notice to ASU's Copyright Agent and include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description where the material that you claim is infringing is located on this website; (iv) your address, telephone number, and valid email address; (v) a statement made under penalty of perjury by you that the information provided in the notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:

Orchard Support Team

orchardsupport@asu.edu

It is our policy, in appropriate circumstances, to terminate the accounts of members or users who are repeat infringers or are repeatedly charged with infringement.

Appropriate Use. You agree that you will not:

• Post content or otherwise engage in activity that: harasses, abuses, or threatens any other person, or that contains obscene content; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification; or is unlawful, harmful, tortious, defamatory, libelous, or invasive of another’s privacy.
• Post spam or other advertisements or solicitations, promote commercial entities, or otherwise engage in commercial activity on or through Orchard.
• Use automated tools (e.g., bots, spiders, scrapers) or take any action that imposes an unreasonable burden on ASU's technical infrastructure.
• Interfere with the platform’s operation, restrict others’ access, or misrepresent ASU’s affiliation or endorsement.
• Circumvent, disable, or otherwise interfere with digital rights management tools, password protections, access controls, or other technological protection measures.
• Use the content with or for the training, development, or deployment of artificial intelligence (AI) systems.
• Attempt to circumvent the permissions set up in the platform to gain access to content for which you do not have permissions
• Violate the law or encourage conduct that would constitute a criminal offense or give rise to civil liability.
• Violate these Orchard Terms or any guidelines or policies posted by us.
• Interfere with any other user’s or party’s use and enjoyment of Orchard.

If you violate any of these rules or use Orchard in any way that is not authorized, we may, in our sole discretion, remove any posts, block access to Orchard, and/or cancel your or any other user’s account.

Dispute Resolution. If a dispute arises under the Orchard Terms, the parties will exhaust all applicable administrative remedies provided for under Arizona Board of Regents Policy 3-809.

Arbitration. If and to the extent required, the parties agree to arbitrate disputes filed in Arizona Superior Court that are subject to mandatory arbitration pursuant to ARS § 12-133. 

Contact Information: If you have any questions or concerns please contact us at:

Email: orchardsupport@asu.edu

Terms of Deposit

Effective: March 2023

Updated: December 2025

• You acknowledge and agree that you are solely responsible for any and all content you submit on Orchard. You further agree that you have all required rights and permissions to submit, post, upload, disseminate, or otherwise use such content without violation of any third-party rights, and that any third-party owned content you upload is clearly identified and acknowledged within the text of the submission.
• You represent and warrant that you own or otherwise control all rights to any content that you post on or through Orchard. You agree that you will indemnify, defend, and hold harmless ASU for all claims resulting from content you post. 
• You understand and agree that ASU may delete or disable any content that violates copyright law, violates the terms of use of Orchard, or for any other reason.
• You understand that it is your responsibility to ensure the content you load to orchard is in compliance with any and all applicable web accessibility regulations.