Terms of Service - Mosyle's Platform Trial Account
TERMS OF SERVICE – MOSYLE’S PLATFORM TRIAL ACCOUNT
Effective date: January, 2015
Welcome to Mosyle Educational Platform for Tablets! We're glad you're here to know more about Mosyle, but there are some rules you need to agree to before you use our Services (including but not restricting all the websites, products, services and applications made available by Mosyle, specially the mobile apps Mosyle and Mosyle Pro, available at the Apple App Store and Google Play, the app Mosyle HUB available at https://hub.mosyle.com/download, and the web console available at https://mosyle.com/mosyle).
If you have any questions or concerns regarding this Terms of Service, feel free to contact us at firstname.lastname@example.org.
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE MOSYLE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN PLEASE DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SERVICES. USERS WHO VIOLATE THESE TERMS MAY HAVE THEIR ACCESS AND USE OF THE SERVICES SUSPENDED OR TERMINATED, AT THE MOSYLE’S DISCRETION.
IMPORTANT! IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT (IN MANY PLACES, THIS IS 18 YEARS OLD), THEN YOU MUST GET YOUR PARENT OR GUARDIAN TO READ THESE TERMS AND AGREE TO THEM FOR YOU, BEFORE YOU USE MOSYLE OR PROVIDE ANY INFORMATION TO US. PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND HOW MOSYLE WORKS AND WHAT RESTRICTIONS APPLY TO YOUR USE OF OUR SERVICES.
1. BINDING CONTRACT
These Terms of Service (the "Terms") are a binding contract between the School or District you represent, or each User and Mosyle Tecnologia S.A (headquarter established in Brazil), if your School’s, District’s or User’s legal domicile is in Brazil or Mosyle Corporation (subsidiary established in USA) if your School’s, District’s or User’s legal domicile is in any other countries (Mosyle Tecnologia S.A and Mosyle Corporation together simply called "Mosyle," "we," "us," "our”). You must agree and accept as a representative of your School or District, all of the Terms, or your School or District do not have the right to use the Services. The use of the Services by a School or District in any way means that they agree to all of these Terms, and these Terms will remain in effect while they use the Services.
2. POWERS OF REPRESENTATION
By agreeing with these Terms, you represent and warrant that, under penalty of responsibility, that you have all the powers, authorizations and permissions to agree to these Terms on behalf the School or District owner of the domain of the e-mail address you used to make the registration, bind them to these Terms.
3. CHANGES AND UPDATES
Our Services are constantly changing to keep up with the dynamic needs of educational institutions all around the world. So, these Terms might need to change, too. If they do change, we will do our best to tell you in advance by placing a notification on the Mosyle web console, or we might send you an email. In certain situations (for example, where a change to the Terms is necessary to comply with legal requirements), we may not be able to give you advance notice.
If you don't like the new Terms, you are free to reject them - unfortunately, that means you won't be able to use the Services anymore. If you use the Services in any way after a change to the Terms is effective, then please remember that means you agree to all of the Terms.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
5. COPPA - CHINDREN’S ONLINE PRIVACY PROTECTION ACT
The Services are intended, among other users, for students, including those under 13. So, Mosyle comply with the Children’s Online Privacy Protection Act – COPPA. COPPA requires that online service providers obtain parental consent before they collect personally identifiable information online from children who are under 13. Therefore, we only collect personal information through the Services from a child under 13 where that student's School or District has agreed (via the terms described in the following paragraph) to obtain parental consent for that child to use the Services and disclose personal information to us, for the use and benefit of the learning environment. If you are a student under 13, please do not send any personal information about yourself to us if your school or district has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Services. If we learn we have collected personal information from a student under 13 without parental consent being obtained by his or her School or District or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at email@example.com.
6. MOSYLE’S PLATFORM OVERVIEW
These Terms of Service contain the terms and conditions that govern the use of the Mosyle Full Educational Platform (“Mosyle Platform”) trial account that is a combination of Mosyle’s MDM, Mosyle’s LMS and Mosyle’s Learning Analytics. To contract the use of a definitive account, follow the instructions provided in these Terms and contact us at firstname.lastname@example.org.
Through Mosyle Platform, the Schools, Districts and other Educational Institutions can:
1) Remotely manage various features and implement policies for the use of tablets with iOS and Android operating system (according to compatibility specifications), by their teachers and students, using the Mosyle’s MDM;
2) Make possible, easy and very efficient the use of tablets in all educational processes including content distribution, activities organization, assignments distribution, collaborative construction, management and storage of academic files in a school's private cloud, digital notebooks creation and more, all of that through the Mosyle's LMS which was designed especially for use through the tablets; and
3) Track all the students' steps during the educational activities, deeply understanding the engagement, strengths and weaknesses of each student, and based on this information, teach them in a personalized and adaptable manner, using for that the Mosyle’s Learning Analytics.
To include their students, teachers, coordinators and administrators (“Users” or “User”) on Mosyle Platform, the School or District should prior register a name and an e-mail for each User and generate an activation code, and through the mobile apps Mosyle and Mosyle Pro, available at the Apple App Store and Google Play, the Users can make the activation of their account using the e-mail registered by the School or District and their code. At this time, the User should register a free password.
The School or District are solely responsible for the information of their Users registered in Mosyle Platform, and represent and warrant that they must obtain advance written consent from the Users or parents of children under 13.
The Mosyle Platform use by Schools or Districts is allowed only for internal, non-commercial, educational use, and only in a manner that complies with all laws that apply to them. If applicable laws prohibit their use of the Mosyle Platform, then they aren't authorized to use the Mosyle Platform. We can't and won't be responsible for you using the Services in a way that breaks the law.
7. USERS, SCHOOLS OR DISTRICTS RESPONSIBILITIES
Mosyle Platform is a system to be used by Schools or Districts to manage the tablets used by their teachers and students and the educational activities applied through the tablets. Nevertheless, Mosyle Platform does not apply or remove himself any restriction, policies, content or make any kind of management of the tablets.
All the commands, contents, data, information and activities applied to Users by Mosyle Platform are consequences of a conscious act practiced by an User registered by the School or District.
So, the School or District are solely responsible for all commands, contents, data and activities applied by Mosyle Platform by/to their Users and for all its consequences, and Mosyle will not be liable, in any circumstance, for any consequences resulting from the use of the Mosyle Platform functions.
Also, Schools and Districts will be solely responsible for all acts performed by all Users registered by them, with no liability of Mosyle.
Similarly, the School and District are responsible for all content uploaded, hosted and distributed by, in any manner, the Mosyle Platform, and the School or District represent and warrant they have all rights necessary to do so, in the manner in which they do. Schools and Districts are responsible for all their activity in connection with the Mosyle Platform.
Anything any User registered by School or District post, upload, share, store, or otherwise provide through the Mosyle Platform is a "User Submission." Some of Users Submissions are viewable by other Users.
For all Users Submissions, they hereby grant Mosyle a license to translate, modify (for technical purposes, for example making sure the content is viewable on iPads as well as in an Android tablet) and reproduce such User Submission, in each case to enable us to operate the Mosyle Platform but it is a license only - the ownership of the User Submissions is not affected.
If any User share a User Submission only within a limited group, or otherwise in a manner that only certain specified Users can view (for example, an appointment), then the User grant Mosyle the license above, as well as a license to display, perform, and distribute the User Submission for the sole purpose of displaying that to other members of that limited group (or to such specified Users, as applicable) and providing the Services necessary to do so. Also, the other members of that limited group (or such specified users, as applicable) will be able to access that User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Mosyle Platform. For example, if a teacher share a document through the Mosyle Platform with their students, he grant their students the rights necessary to view that document and edit it or share it.
If an User share an User Submission in a public area on the Mosyle Platform or in a manner that more than just he or a limited group can view (a "Public User Submission"), then the User grant Mosyle the license above, as well as a license to display, perform, and distribute his Public User Submission for the purpose of displaying that Public User Submission to all Mosyle Platform users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with Mosyle. Also, each User grant all other Users of the Mosyle Platform a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Mosyle Platform.
All the Users, Schools and Districts agree that the licenses they grant are royalty-free, irrevocable, and worldwide, for as long as their User Submissions are stored in Mosyle Platform.
Any information or content publicly posted or privately transmitted through the Mosyle Platform is the sole responsibility of the person from whom such content originated, and each User access all such information and content at their own risk, and Mosyle aren't liable for any errors or omissions in that information or content or for any damages or loss any User might suffer in connection with it. Mosyle cannot control and have no duty to take any action regarding how each User may interpret and use the content or what actions they may take as a result of having been exposed to the content, and all the Users hereby release us from all liability.
Mosyle also can't guarantee the identity of any Users and are not responsible for which users gain access to the Mosyle Platform, which is a responsibility of the School or District who did the register of the User.
Each User and their School or District is responsible for all content they contribute, in any manner, to the Mosyle Platform, and they represent and warrant they have all rights necessary to do so, in the manner in which they contribute it. Each User and their School or District will keep all your registration information accurate and current. Each User and their School or District are responsible for all their activity in connection with the Mosyle Platform.
8. UPGRADES AND CHANGES OF MOSYLE’S MDM
Mosyle Platform is a dynamic system and will change over time. Mosyle may change, suspend, or discontinue any part or function of the Mosyle Platform, or Mosyle may introduce new features or impose limits on certain features or restrict access to parts or the entire Platform. Mosyle will try to give you notice when make a material change to the Platform that would adversely affect its use by Schools or Districts, but this isn't always practical.
9. INTELLECTUAL PROPERTY RIGHTS
The Mosyle Services, including without limitation all the websites, products, services and applications made available by Mosyle, specially the mobile apps Mosyle and Mosyle Pro, available at the Apple App Store and Google Play, the app Mosyle HUB available at https://hub.mosyle.com/download and the web console available at https://mosyle.com/mosyle, the content (except User’s submissions) and any parts or elements thereof are solely and exclusively owned and operated by Mosyle. All the Mosyle Services Materials, including without limitation the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements are protected by Brazilian and United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User’s Submissions or other content owned and/or posted by the Users, all the Mosyle Services Materials are the copyrighted property of the Mosyle. Furthermore, all trademarks, service marks, and trade names contained in the Mosyle Services Materials are proprietary to the Mosyle. Your use of the Mosyle Services does not grant to you ownership of any content, code, data or any part of the Mosyle Services Materials you may access on or through the Mosyle Services. Any commercial or promotional distribution, publishing or exploitation of the Mosyle Services Materials is strictly prohibited unless you have received the express prior written permission from Mosyle. The Mosyle reserve all rights to the Mosyle Services Materials not expressly granted in the Terms.
If you provide either Mosyle with any comments, bug reports, feedback, or modifications proposed or suggested by you for the Mosyle Services (herein “Feedback”), the Mosyle shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Mosyle Services. You hereby grant the Mosyle a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
10. TRIAL ACCOUNT
The School or District you represent are receiving a trial account of Mosyle Platform, with the only purpose to know and try all the functionalities of Mosyle Platform. The trial account will be available for a limited period, disclaimed on the same document or e-mail that contained the promotional code for account activation. If you have any doubt about the period of your trial account, please use the Support Area, inside Mosyle Platform, to contact us. Mosyle reserve the right to choose the Schools, Districts or Educational Institutions, evaluated and selected based on the criteria defined by Mosyle, which will receive a trial account of Mosyle Platform.
During the time your trial account stay valid, you agree that you or the School or District you represent may receive some calls, e-mails or communications from Mosyle’s members, with the purpose to explain the Mosyle Platform functions and the commercial conditions to contract a definitive Mosyle Platform account.
At the end of the trial period, if the School or District you represent decide to do not contract a definitive Mosyle account, the Mosyle Trial account will be automatically converted in a free Mosyle’s MDM account. At this time, you will be request to read and agree with the TERMS OF SERVICE – MOSYLE’S MDM. All the data, content, and any other information regarding the Mosyle’s LMS and Mosyle’s Learning Analytics will be deleted. To cancel the Mosyle’s MDM account, please read and follow the steps contained in the TERMS OF SERVICE – MOSYLE’S MDM.
11. DISCLAIMERS; NO WARRANTY
UNLESS OTHERWISE EXPRESSLY STATED IN THESE TERMS, THE MOSYLE PLATFORM AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MOSYLE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOSYLE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
UNLESS OTHERWISE EXPRESSLY STATED BY THESE TERMS, MOSYLE DO NOT WARRANT THAT THE MOSYLE PLATFORM AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MOSYLE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MOSYLE’S MDM AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH IT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNLESS OTHERWISE EXPRESSLY STATED BY THESE TERMS, MOSYLE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MOSYLE PLATFORM, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The Schools and Districts agree to indemnify and hold harmless the Mosyle from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Mosyle Platform, representations made to the Mosyle, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Mosyle reserves the right, at their own expense, to assume the exclusive defense and control of any matter for which they are required to indemnify the Mosyle, and they agree to cooperate with such defense of these claims.
13. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MOSYLE BE LIABLE TO A SCHOOL, DISTRICT, USER OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY SCHOOL OR DISTRICT TO MOSYLE IN CONNECTION WITH THE SERVICES IN THE TWELVE (6) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
The School, District or User may not assign, delegate, or transfer these Terms or their rights or obligations hereunder, or their Services account, in any way (by operation of law or otherwise) without Mosyle’s prior written consent. Mosyle may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Each part will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of any part to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. The parties agree that these Terms are the complete and exclusive statement of the mutual understanding between them, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and the School, District or User do not have any authority of any kind to bind Mosyle in any respect whatsoever.
16. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION.
Any questions relating to these Terms which are not expressly or implicitly settled by the provisions contained in these Terms shall be governed by and construed in accordance with the following:
CLIENT’S DOMICILE: BRAZIL
Governing Law: Federative Republic of Brazil
Courts having exclusive jurisdiction: Court of Campinas, State of São Paulo
CLIENT’S DOMICILE: OTHER COUNTRIES
Governing Law: State of Florida
Courts having exclusive jurisdiction: 17th Judicial Circuit Court of Florida