End User License Agreement

Updated as of March 9, 2026

This End User License Agreement (the “Agreement”) between Disco Inc. (“Disco”) and you which governs your use of the Disco learning platform on a community managed by an Organization (“Services”).  If you are an Organization Member (defined below) and your Organization has negotiated an Organization-specific version of this Agreement, your use of the Services shall be governed by such specific version of this Agreement; please contact your Organization for a copy of your Organization-specific version of this Agreement.  Disco’s Privacy Policy (located at https://privacy.disco.co/privacy-policy) (“Privacy Policy”) explains the way Disco collects and uses your Personal Information (defined in the Privacy Policy).  

Please read the Agreement and the Privacy Policy carefully.  If you do not agree to be bound by the End User License Agreement and the Privacy Policy or do not want to provide Disco with your Personal Information, do not create a Member Account or access or use the Services.    Disco reserves the right to make changes, with or without providing prior notice to you and at any time and from time to time, to (a) the Services and/or (b) this Agreement and the Privacy Policy. In the event that you do not agree with any such changes your only remedy shall be to stop using the Services.  Your continued use of the Services constitutes your acceptance of such changes. 

1. Definitions:  Any capitalized terms not otherwise defined in this Agreement shall have the meanings attributed to them in the Privacy Policy.

1.1 “Applicable Law” means the law of the state or province in which your Organization is located.

1.2 “Content” means the interactive content either (i) provided by the Organization; (ii) provided by another Member; or (iii) Content License.

1.3 “Content License” means the license granted to you by Disco to access and use Content provided by Disco on the Platform.

1.4 “License Term” means the term for which you are granted a Platform License, either (a) as disclosed to you when you create your Member Account, or (b) as set forth in the Order Form executed by your Organization when it purchased the License.  

1.5 “Malicious Code” means (a) any code, program, or sub-program the knowing or intended purpose or effect of which is to damage or maliciously interfere with the operation of a computer system containing the code, program, or sub-program, or to halt, disable, or interfere with the operation of the software, code, program, or sub-program, itself, or (b) any device, method, or token that permits any person to circumvent without authorization the normal security of any software or system containing the code.

1.6 “Member” means any individual who creates a Member Account.

1.7 “Member Account” means the account each Member is required to create in order to access and use the Services.

1.8 “Member Content” means any content you upload, post, transmit, or display in the Services.

1.9 “Other Member Content” means any content uploaded, posted, transmitted, or displayed in the Services by any Member other than you.

1.10 “Organization” means the company or organization: (a) where you are employed on a full or part-time basis; (b) for which you work as a contractor; or (c) from whom you have registered or purchased a learning course.

1.11 “Organization Content” means any content an Organization uploads, posts, transmits, or displays in the Services including learning courses.

1.12 “Organization Member” means a Member who is an employee or contractor of an Organization or someone who has purchased a learning course from the Organization.

1.13 “Platform” means the learning platform (whether the desktop or mobile version) offered by Disco. 

1.14 “Platform License” means the license granted to you by Disco to use the Platform.

1.15 “Services” means access and use of the Platform and as applicable, a Content License.

2. Member Account:  In order to access and use the Services, you are required to create a Member Account with Disco. In creating a Member Account, you shall: (a) provide current, complete, and accurate information to Disco, and promptly update Disco if such information changes during the License Term by visiting https://app.disco.co/login; (b) not choose a Member name that violates applicable law, infringes on the intellectual property rights of a third party, or is offensive. Disco reserves the right to reject any Member name in its sole and absolute discretion; and (c) not transfer, sell, convey, or assign the right to use your Member Account to any third party. You agree that you: (v) are wholly responsible for the conduct of any third party who accesses your Member Account and uses the Services; (w) are responsible for any security breach of the security of the Services related to the use of your Member name and/or password; (x) shall not have more than one Member Account at any given time; and (y) shall not create a Member Account or use the Services if Disco has previously banned you from using the Services; and (z) shall not create a Member Account or use the Services if you are a competitor and/or in order to (i) reverse engineer the Services, and (ii) conduct any comparisons or competitive analysis of the Services. An Organization may designate one or more of its Members to act as administrator(s) (each, a “Administrator”). Any Administrator that the Organization authorizes will have the ability to manage other Members, access analytics (including activity logs), view and remove Member Content or Organization Content, invite Members to utilize the features included in the Service, including assigning and authorizing Members via the Platform’s administrative functionalities. A Member who is not an Administrator will have rights to access and view Content and upload limited Member Content (“Regular Member”). 

3. License and Support:  Upon creation of your Member Account, Disco grants you the limited, revocable, non-transferable, and non-exclusive right to access and use (a) the Platform for the License Term, and (b) the Licensed Content for your License Term, subject to Section 5(b). Disco has the right to suspend or terminate your License at any time if you breach any of the representations and warranties in Section 6 below or the obligations in Section 7 below.  Disco shall provide an Administrator with the following technical support services during the License Term: (a) phone, chat, and email support services between 9am-9pm ET, Monday through Friday; and (b) onboarding articles. Disco cannot guarantee that the Services will provide data backups of any Member Data stored on it. It is Member’s responsibility to back up onto Member’s own local system all Member Data, including all data, files and records that Member submits to Disco.

4. Fees:   We do not currently charge Regular Member’s for creating a Member Account and using the Services, however an Organization may do so as part of its offering. The Organization if responsible for processing payments, refunds, cancellations and dispute resolutions for Regular Members.  If you cancel your Member Account all administrative records that Disco possesses will be deleted however Member Content shall continue to remain in the Platform until removed by Organization or until Organization specific version of the agreement terminates.  Your access to Platform is subject to the Organization remaining in good standing in its Agreement with us.   

5. Member Acknowledgments: You acknowledge that your use of the Services is subject to the following notices and limitations: (a) Disco does not review, assess, or verify Content except for Licensed Content; (b) Disco does not guarantee the continuing availability of any Licensed Content and reserves the right to remove any Licensed Content for potential infringement of a the intellectual property rights of a third party; (c) while Disco endeavors to ensure that the Services are normally available 24 hours a day, Disco is not be liable if for any reason the Services (or any part) are unavailable at any time or for any period; (d) your access to the Services may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond Disco’s control; (e) Disco may, in its sole and absolute discretion, include artificial intelligence- or machine learning-powered functionality in the Services at any time and from time to time,  provided that it doesn’t train on any of your Member Content (“AI Functionality”); you acknowledge and agree that Disco does not guarantee the continued availability of such AI Functionality, and that any output generated through such AI Functionality may not accurately reflect real people, places, or facts and you should evaluate the accuracy and reliability of any such Licensed Content that may be generated by AI Functionality as they may be probalistic and not factual; (f) Disco may at any time and from time to time incorporate functionality licensed from a third party (“Product Partner”) into the Services (“Third-Party Functionality”); you acknowledge and agree that your access to and use of Third-Party Functionality may be subject to additional terms and conditions which you will need to agree to and comply with and Disco shall not be liable for such Third-Party Functionality and for any data collected by third-party integrations; (g) Disco is not responsible for any links to third-party sites and materials contained in third party Content (including Organization Content) and has no liability for any loss or damage that may arise if you access such links or use such Content; (h) no Personal Health Information is to be provided to the Platform by a Member (i) an Organization Member may remove Member Content at any time from the Platform; and (j) you may be exposed to Content and Other Member Content that you consider inaccurate, offensive, indecent, or objectionable and you hereby waive any legal equitable rights or remedies you have or may have against Disco with respect to such Content and Other Member Content.    

6. Member Representations and Warranties: You represent and warrant that: (a) you are at least 18 years of age, or you are at least 13 years of age and have obtained verifiable consent from a parent or legal guardian to access the Services, and in either case you have the legal authority to enter into this Agreement and use the Services; (b) if you are an Organization Member, you have the appropriate permissions and authority from Organization to enter into this Agreement and use the Services; (c) you are not an employee, contractor, or representative of a Disco competitor; and (d) Disco has not previously banned you from using the Services. The Services are not intended for individuals under the age of 13.

7. Member Obligations: In connection with your use of the Services, you agree not to: (a) violate applicable law or commit fraud; (b) harm, abuse, harass, threaten, impersonate, intimidate, or otherwise behave inappropriately with another Member or third party; (c) send spam or otherwise duplicative or unsolicited messages; (d) send, knowingly receive, upload, download, use or re-use, or store any Member Content that infringes on the intellectual property or privacy rights of a third party or is threatening, libelous, defamatory, discriminatory, pornographic, sexually explicit, abusive, offensive, hateful, violent, or otherwise unlawful or tortious, including material that is harmful to children; (e) send or store Malicious Code; (f) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (g) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services except as expressly permitted by applicable law; (h) circumvent any Member limits or other timing or use restrictions that are built into the Services; (i) remove any proprietary or copyright notices, labels, or marks from the Services; (j) frame or mirror any content forming part of the Services; (k) access the Services in order to (i) build a competitive product or service, (ii) monitor availability, performance, or functionality of the Services for any benchmarking or competitive purposes, or (iii) copy any ideas, features, functions or graphics of the Services; (l) use all or any portion of the Services for hazardous purposes requiring fail-safe performance, such as aircraft navigation, air traffic control, or weapons systems, in which the failure of the Services could lead directly to death, personal injury, or severe physical or environmental damage  or (m) upload sensitive or personal information. If you have reason to believe any Licensed Content potentially infringes any copyright or other intellectual property right of a third party, you shall notify Disco at legal@disco.co. To learn more about the Digital Millennium Copyright Act, which governs how we handle these reports, click https://www.govinfo.gov/content/pkg/PLAW-105publ304/pdf/PLAW-105publ304.pdf.  You acknowledge and agree that Disco may: (x) report any breach of this Agreement to your Organization; (y) take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services, including threats of harm to yourself or another party; and (z) fully cooperate with any law enforcement authorities or court order requesting or directing Disco to disclose the identity or other information of any Member posting Member Content or using the Services.

8. Member Content.  Disco does not monitor Member Content or Other Member Content.  If you believe any Other Member Content or Organization Content is defamatory, breaches the Agreement, or infringes your or a third-party’s intellectual property rights, please contact us at legal@disco.co.  Disco reserves the right to remove any Member Content, Other Member Content or Organization Content that it believes, in its sole and absolute discretion, does not comply with this Agreement or violates any third- party intellectual property right.  You hereby consent to the removal of the Member Content and waive any claim against Disco in connection with such removal.

9. Intellectual Property Rights:  

9.1 You retain all ownership rights, including any intellectual property rights, in the Member Content.  You acknowledge and agree that Disco has no obligation to protect or enforce such rights on your behalf.  By uploading, posting, transmitting, or displaying Member Content in the Services, you grant Disco, its affiliates, and any Product Partner a non-exclusive, perpetual, and royalty-free license to (a) use, reproduce, modify, publish, distribute, perform, display, and transmit the Member Content for the sole purpose of providing the Services to you, including without limitation inputting Member Content into a third-party generative AI platform or using our AI Functionality, and (b) use anonymized Member Content both during and after the License Term to optimize the Services and for any other lawful purpose, subject to the Privacy Policy. You acknowledge that an Organization may remove your Member Content from the Platform at any time.

9.2 Disco retains ownership rights, including all intellectual property rights, in the Platform and the Licensed Content.  Disco retains the licensing rights in Third-Party Functionality and third-party Content. 

9.3 Nothing in this Agreement gives you a right to use any of Disco’s or any Product Partner’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

9.4 You hereby grant Disco a royalty-free, worldwide, irrevocable, perpetual license to use, copy, modify and incorporate into the Services any suggestions, enhancement requests, recommendations, or other feedback you provide relating to the Services.

9.5 If Disco becomes aware of an actual or potential claim that the Services violate a third party’s intellectual property rights, Disco may do any of the following in its sole and absolute discretion: (i) procure for you the right to continue to use the Services; (ii) replace or modify the Services with equivalent or better functionality so that your use is no longer infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate provision of the Services.

9.6 An Organization is solely responsible for the accuracy and legality of Organization Content. Disco is not responsible for contractual obligations between Organization and its Members.

10. Suspension or Termination. You acknowledge and agree that Disco may, at its sole and absolute discretion, suspend or terminate your Member Account and access to the Services with or without notice and for any reason, including, without limitation, breach of this Agreement. Upon suspension or termination, your right to use the Services will immediately cease, and we reserve the right to remove or delete any Member Content. 

11. Personal Information.  Disco’s access to and use of your Personal Information is governed by Disco’s Privacy Policy, which is hereby incorporated into and made a part of this Agreement.  To visit Disco’s Privacy Policy please click here. Disco will not share personal information provided to it with the Organization beyond what’s necessary to provide the Service.

12. Data Storage. Any Member Content is subject to any data storage limit Disco notifies you of from time to time. Disco reserves the right to charge for data storage that exceeds any data storage limit.

13. Linking to Disco Website.  If you are an Organization Member, you may link to any Disco website, provided you do so in a way that is fair and legal and does not damage Disco’s reputation.

14. Disclaimers and Limitations of Liability:

14.1 ACCESS TO AND ACCURACY OF THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER DISCO, PROVIDERS OF THIRD-PARTY CONTENT, NOR PRODUCT PARTNERS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS (COLLECTIVELY, “DISCLAIMING PARTIES”) WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR SUITABILITY OF ANY SERVICES, INCLUDING ANY ADVICE OR INFORMATION PROVIDED BY OTHER MEMBERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DISCO OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.  

14.2 DISCLAIMERS.  THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE OR JURISDICTION, AND NON-INFRINGEMENT. SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ANY DISCLAIMING PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF DISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS AND USE THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DISCO’S RECORDS, PROGRAMS, SERVICES OR SYSTEMS. WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE HEREIN CONTAINED, IN NO EVENT WILL ANY DISCLAIMING PARTY BE LIABLE TO YOU FOR ANY DAMAGES, COSTS, CLAIMS OR OTHER LIABILITIES RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, IN EXCESS OF THE TOTAL FEES PAID BY YOU FOR THE RIGHT TO ACCESS AND USE THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT OR ACT GIVING RISE TO THE CAUSE OF ACTION OR $100USD. 

15. Indemnification: To the extent permitted by Applicable Law, you agree to indemnify and hold Disco and its subsidiaries, affiliates, officers, agents, and employees (collectively, “Indemnified Parties”) harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees) incurred in connection with (a) any breach by you of this Agreement or the Privacy Policy, (b) your use of the Services, and (c) any Member Content.

16. Law enforcement: You waive and hold harmless the Indemnified Parties from any and all claims resulting from any action taken by any Indemnified Party relating to any investigations by law enforcement.

17. Notices:  All notices given by you to Disco must be emailed to legal@disco.co. Disco may give notice to you at either the email or postal address you provide in your Member Account, or through a notice posted on the Platform.  Notice will be deemed received and properly served immediately when posted on the Platform, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.  Disco may also contact you by (a) email to send you additional information about the Services, or (b) push notifications to the extent you have consented to receive them.  

18. Severability:  If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

19. Waiver and Cumulative Remedies:  No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.  Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

20. Entire Agreement:  This Agreement represents the entire agreement between Disco and you, and it supersedes any prior agreement, understanding, or arrangement between Disco and you, whether oral or in writing.

21. Governing Law:  If you are located: (a) in Canada, this Agreement shall be governed by and construed in accordance with the laws of the province of Ontario; and (b) elsewhere, this Agreement shall be governed by and construed in accordance with  the laws of the state of New York, in each of (a) and (b) excluding any body of law governing conflicts of law; provided, however, that if  you are an Organization Member and Applicable Law requires any contract to which your Organization is a party to be governed by the laws of such state or province then this Agreement shall be governed by the laws of such state or province. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement. In the event of a dispute arising out of or in connection with the terms of this Agreement between Disco and you, you agree to attempt to settle the dispute by engaging in good faith negotiations with Disco in a process of mediation before commencing litigation or, if required by Applicable Law, arbitration.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.