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External Data Support Terms

These terms of use (“Terms”) are entered into by and between the D2L entity (“D2L”) and the Client entity identified in the Agreement (“Client”). These Terms modify the existing Agreement between D2L and Client (the “Agreement”) solely with respect to the External Data Support feature as described below and apply for the duration of Client’s subscription to or use of Performance+. All other terms of the Agreement remain in full force and effect.

1. External Data Support

D2L offers External Data Support (“External Data Support”) as part of its Analytics Builder tool within the Performance+ package. External Data Support enables Client to upload, connect to, and store external data (“External Data”) within Analytics Builder and to analyze such data in conjunction with Brightspace Data Sets. Client may make resulting analyses and dashboards available to non-learner users (e.g., instructors, administrators).

If Client connects External Data Support with third-party services or data connectors, D2L does not guarantee or assume responsibility for the functionality, security, or compliance of any such third-party services or connectors used in connection with External Data Support.

2. Client Responsibilities

Client is solely responsible for:

  1. the accuracy and quality of any External Data it uploads, connects to, analyzes, or stores in Analytics Builder;
  2. compliance with all applicable laws and regulations, including but not limited to privacy and data protection laws, including complying with any right to erasure or right to be forgotten request, and Client’s internal policies; and
  3. refraining from uploading sensitive data, including but not limited to credit card information, social security numbers, passwords, or other data classified as sensitive under applicable law or industry standards (e.g., PCI-DSS, HIPAA).

3. SPICE Usage Limits

SPICE (Super-fast, Parallel, In-memory Calculation Engine) is the high-performance, in-memory engine used by certain features within Analytics Builder, including the External Data Support feature. These features may automatically leverage SPICE to perform advanced calculations that can more quickly serve data to users. D2L allocates up to 1 GB of SPICE usage per 100 users set out on the applicable Order Form as part of Analytics Builder within the Performance+ package. Clients may monitor their monthly SPICE usage within Analytics Builder. If a Client exceeds its allocated SPICE usage, D2L may charge USD $2 per GB over the limit, plus reasonable administrative fees. If overages persist or grow significantly, D2L reserves the right to restrict access to authoring capabilities (e.g., create new analysis and dashboards) within Analytics Builder but only after providing customer with advance notice of such overage and a reasonable opportunity to remediate.

 4. Conflict with Agreement

In the event of any conflict between these Terms and the Agreement, the Terms shall control solely with respect to External Data Support. All other provisions of the Agreement shall remain in full force and effect.

Last modified: March 27, 2025