SafeClass is a Comprehensive Safety Platform designed to manage the Daily Dismissal Safety and Emergency operations that keep students safe every day, from arrival through student dismissal (“Services”). By using the Services on SafeClass or the SafeClass app available for parents on iTunes and the Google Play store. Organizations can manage requests and communicate with parents and others through the SafeClass website. To assist you in using SafeClass and to ensure a clear understanding of the relationship arising from your use of our services, we have created these Terms of Use (the “Terms”)
TERMS OF USE
Application of Terms; Your Agreement
These Terms constitute a contract between you and ConstelWorks. (the owner of SafeClass and its licensors), and you agree not to take any action or enter into any agreement that would result in any contractual requirement related to SafeClass (collectively the “Site”). By using the Services on SafeClass or the SafeClass app, you acknowledge that you have read and understood these Terms, agree to be legally bound by them, and consent to the collection and use of your information as described in our Privacy Policy.
These Terms apply to various entities and individuals, including (i) schools, school districts, and related organizations using the Services or accessing the Site ("Schools"), (ii) educational professionals, school administrators, and School employees and agents accessing the Site or using the Services ("Educational Professionals"), (iii) all Site visitors and users of the Services, including parents, legal guardians, and anyone authorized by the foregoing to use the Services or access the site ("Parents"), and (iv) third parties or agents performing work related to the Services, such as suppliers and developers ("Developers"). For these Terms, the words “user,” “you,” and “your” refer to Schools, Educational Professionals, Parents, and Developers. The words “we,” “our,” or “us” refer to SafeClass.
To use our Services, you must be at least eighteen (18) years old. By agreeing to the Terms, you represent and warrant that you are at least eighteen (18) years old, and your registration and use of the Service shall comply with applicable laws and regulations. The Services and the Site are provided only in the English language.
Acceptable Use of the Services, Applications, or Site
By using the Services or accessing the Site, you agree not to: - Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted in connection with using the Services or accessing the Site. - Impersonate any person or entity, falsely claim an affiliation, or misrepresent information transmitted via the Services or Site. - Use the Service or access the Site for any illegal purpose or in violation of any laws. - Remove, circumvent, disable, damage, or interfere with security-related features of the Services or Site. - Modify, adapt, translate, or create derivative works based on the Services or Site. - Interfere with or damage the operation of the Services or Site.
Application Licence
Subject to your compliance with this Agreement, during the term of this Agreement, SafeClass grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the Application on a single mobile device that you own or control. You may run the copy of the Application solely for your personal or internal business purposes with any documentation provided by SafeClass ("Documentation"). Additionally, for any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application on an Apple-branded product running the iOS and as permitted by the “Usage Rules” outlined in the Apple App Store Terms of Service.
Software License
Subject to your compliance with this Agreement, during the term of this Agreement, SafeClass grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use a copy of the Software on a single computer that you own or control. You are permitted to run such copy of the Software solely for your own personal or internal business purposes by the Documentation. SafeClass will not provide you with a tangible copy of our Software at any time. Prohibited activities include any copying or redistribution of the Software, including copying or redistributing the Software to any other server or location or redistributing or using it on a service bureau basis.
Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from the Services; (d) you shall not access Services to build a similar or competitive product or service; and (e) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to Services shall be subject to this Agreement. SafeClass, its suppliers, and service providers reserve all rights not granted in this Agreement. Unauthorized use of Services terminates the licenses granted by SafeClass according to this Agreement.
Configuration of Services
You are responsible for ensuring the correct configuration of SafeClass Services and the Site. If you ever suspect any malfunction, please inform us promptly. If you encounter difficulties with the Services or Site, or if you are uncertain about the accuracy of transmitted or received information, you must verify. Parents must ensure that the Organization possesses accurate information regarding their child's pick-up and emergency contacts. Educational Professionals should confirm the accuracy of student dismissal information generated by the Services or Site and update emergency information and contact groups as needed to ensure the proper functioning of Emergency alert Services. By utilizing the Services, you commit to regularly checking and updating your data and connections. Disabling notifications may result in missing crucial messages and alerts during emergencies. You comprehend the essential configuration required for the services to operate as intended. If at any point you suspect or are concerned about the Services or Site not functioning correctly, IT IS YOUR RESPONSIBILITY TO CONFIRM THE CORRECT CONTACT DETAILS AND PICK UP INFORMATION WITH THE PARENTS/SCHOOL, AS APPLICABLE.
Accounts and Security
To use our Services, you must create an account. It is your responsibility to maintain the confidentiality of your account information, including your username and password. Any activity under your account due to your failure to do so is your responsibility. Report any suspected unauthorized account use or security breaches promptly. Failure to secure your account information may make you liable for losses. We reserve the right to terminate, suspend, or restrict your account access at any time for violating these terms. If your account is terminated, the associated content will be deleted. Transferring your account without our permission is prohibited. Violations may result in immediate termination, loss of access, and legal consequences. You may only have one account, and if previously removed or banned, creating a new account or using our Services again is not allowed.
Updates
Recognizing that the Services are constantly evolving, you must use the latest version of the SafeClass Application and/or Software for proper functionality. You agree to regularly check for, download, and install updates to the Application and/or Software.
Feedback
By submitting any ideas, suggestions, documents, or proposals to SafeClass ("Feedback"), you acknowledge that you do so at your own risk, and SafeClass is under no obligation, including confidentiality, concerning such feedback. You warrant having all necessary rights for submission. You grant SafeClass a fully paid, royalty-free, perpetual, irrevocable, global, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works, and exploit all Feedback, commercially or non-commercially, in connection with the operation and maintenance of the Services.
Intellectual Property Rights
The information and content within the SafeClass Services and Site, encompassing software, artwork, text, video, audio, copy, graphics, images, logos, and other information, except for content provided by Users and advertisers, is owned or licensed by SafeClass. This content is safeguarded by copyright and other intellectual property laws, both in Nigeria and internationally. Any utilization of the information and content of the Services or Site not explicitly allowed by these Terms constitutes a breach and may violate copyright, trademark, and other laws. All rights not explicitly granted herein are reserved to SafeClass. Users and other content providers are responsible for obtaining the necessary permissions and rights for posting any content on the Site, and they agree to indemnify, hold harmless, and defend SafeClass against claims arising from a violation of this paragraph.
Links to Third-Party Sites
SafeClass may provide links to third-party websites. SafeClass is not accountable for the content of linked third-party sites or third-party advertisements and does not make representations regarding their content or accuracy. These links are provided for convenience only, and linking does not imply SafeClass's endorsement, sponsorship, or affiliation with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
Assumption of Risk
While using the Services or accessing the Site via a mobile device, exercise reasonable judgment and be aware of your surroundings. Your use of the Services and access to the Site is at your own risk, and you are responsible for maintaining appropriate insurance policies for potential injuries incurred during use. Using the Services or accessing the Site while driving is strictly prohibited. If accessing the Site or using the Services in areas with traffic or potentially hazardous conditions, stop in a safe location before engaging with the Site or Services.
Additional Terms
For Parents: - Use the mobile application with your registered account and communicate with the Organization upon your arrival or scheduled changes for your students. - Obtain/express written consent before inviting other users to join your emergency contacts.
For Organizations: - Only allow current Education Professionals to access their accounts. - Obtain express written consent from each Education Professional before providing their personal information to the Services. - Keep the contact information of Education Professionals up to date. - Require individuals to stop using the Services upon termination or job function change. - Notify SafeClass if unauthorized use or violation of the Agreement is discovered.
Consent to Receive Messages from SafeClass
By opting your mobile phone number into the services, you give SafeClass permission to call or send you SMS audio and text messages in connection with the Services. SafeClass will not charge you for these calls or texts, but Msg&data rates may apply. To stop receiving messages, remove your mobile phone number or reply STOP.
Content
In using the Services, you and other users may provide information used by SafeClass in connection with the Services. User Submissions are owned by the users, but by posting or publishing Content, you grant SafeClass a license to use, reproduce, modify, and display the Content for the operation of the Services. You are responsible for all User Submissions you make available on the Services.
Interactions with Other Users
Unless you have obtained prior written consent from SafeClass, you may not use the Services to transmit any content or messages, including without limitation email, text, or audio SMS messages, for any advertising purpose or to solicit others to purchase, lease, rent, or invest in any property, goods, or services.
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services; provided, however, that SafeClass reserves the right, but has no obligation, to intercede in disputes between users. You agree that SafeClass will not be responsible for any liability incurred as the result of such interactions.
The Services contain Content provided by other users. SafeClass is not responsible for and does not control User Submissions. SafeClass has no obligation to review or monitor and does not approve, endorse or make any representations or warranties with respect to User Submissions. You use all User Submissions and interact with other users at your own risk.
SafeClass cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. You should make whatever investigation you believe is necessary or appropriate before proceeding with any online or offline transaction with any other user. You agree that SafeClass will not be responsible or liable for any loss or damage of any sort incurred as the result of any interactions you may have with other users, whether online or offline.
YOU ACKNOWLEDGE AND AGREE THAT SAFECLASS, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, RESELLERS AND LICENSORS (COLLECTIVELY, THE “SAFECLASS PARTIES”) ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD SAFECLASS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT SAFECLASS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES.
Monitoring and Investigation
SafeClass may, but is not obligated to, monitor, or review the Services at any time. Without limiting the foregoing, SafeClass shall have the right, in its sole discretion, to remove any of your User Submissions for any reason (or no reason), including if such Content violates this Agreement or any applicable law. Although SafeClass does not generally monitor user activity occurring in connection with the Services, if SafeClass becomes aware of any possible violations by you of any provision of the Terms, SafeClass reserves the right to investigate such violations, and SafeClass may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove your User Submission, in whole or in part, without prior notice to you.
User Conduct
You warrant, represent, and agree that you will not contribute any Content or otherwise use (or encourage any third party to use) the Services in a manner that:
Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; Violates any law, statute, ordinance or regulation; Is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as determined by SafeClass in its sole discretion; Jeopardizes the security of your account in any way, such as allowing someone else access to your account or password; Attempts, in any manner, to obtain the password, account, or other security information from any other user; Violates the security of any computer network, or cracks any passwords or security encryption codes;Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); Constitutes advertising or solicitation of others to purchase, rent or invest in property, goods or services, or otherwise involves commercial activities and/or sales without SafeClass’s prior written consent, such as contests, sweepstakes, barter, or pyramid schemes; Impersonates any other person or entity, including any employee or representative of SafeClass; Interferes with or attempts to interfere with the proper functioning of the Services or uses the Services in a way that is not expressly permitted by this Agreement; or Otherwise violates this Agreement
Indemnity
You agree to defend, indemnify, and hold harmless SafeClass and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, demands, liabilities, costs and expenses (including but not limited to attorney’s fees) resulting from, related to, or arising out of (i) your violation of these Terms and (ii) your use of the Services.
Warranty Disclaimer
THE SERVICES AND SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. SAFECLASS AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR SITE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (iv) ANY WARRANTIES THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR USE OF OR ACCESS TO THE SERVICES OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
SAFECLASS TAKES REASONABLE MEASURES TO ENSURE THAT PERSONALLY IDENTIFIABLE INFORMATION OF PARENTS AND STUDENTS IS NOT DISCLOSED, EXCEPT TO SCHOOLS AND EDUCATIONAL PROFESSIONALS, SO THAT THEY MAY USE THE SERVICES. SAFECLASS CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY PARENTS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. PARENTS AGREE NOT TO HOLD SAFECLASS LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH SAFECLASS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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 SAFECLASS OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. OUR AGGREGATE TOTAL CUMULATIVE LIABILITY TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES) RESULTING FROM CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNTS ACTUALLY PAID BY YOU TO SAFECLASS, IN CONNECTION WITH YOUR USE OF THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, PRORATED FOR ANY PARTIAL PERIOD YOU USE THE SERVICES AND/OR FOR ACTUAL SERVICES USED BY THE PLAINTIFF OR DEFENDANT IN THE CLAIM, AS APPROPRIATE, AND NOT THEIR PARENT, AFFILIATES, OR SUBSIDIARIES. THIS LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND SAFECLASS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Modifications
We may modify these Terms from time to time and such modifications shall immediately take effect upon posting to the Site. If you do not agree with any changes to these Terms, you may terminate your account and stop using the Services. Your continued use of the Site or Services indicates that you have read, understood and agreed to the current version of these Terms.
SafeClass reserves the right in its sole discretion to review, improve, modify, shut down, or discontinue, temporarily or permanently, the Services or Site.
General
The rights, obligations and duties contained herein shall survive the termination or modification of these Terms and shall survive even after you no longer continue to use SafeClass.
SafeClass may assign its rights and obligations pursuant to these Terms without prior notice to or consent from you. You, however, may not assign your rights or obligations pursuant to these Terms.
This Agreement shall be deemed to have been made in, and shall be interpreted, construed, and governed by the laws of Nigeria.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Term and Termination
This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by uninstalling the Application and/or Software. SafeClass may disable or terminate your access to the Services or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture of all information associated with your account.
If you are an Organization that has entered into a written license agreement to use the application, the term of the written agreement is stated in that agreement. For any termination of the agreement by the Organization other than a termination for good cause, the balance of all remaining fees relating to the unexpired term of the agreement will be immediately due and payable.
Good cause exists when SafeClass commits a material breach of the agreement and, in the case of a material breach capable of being cured, fails to cure that breach within thirty (30) days after the receipt of a request in writing to cure such breach.
International Users Agreement
Global Access and Applicability:
SafeClass International Users (referred to as "SafeClass") provides access to its services worldwide. References to services not available in your country do not imply an intention by SafeClass to introduce such services. Users accessing or using the services from other jurisdictions do so at their own discretion and are responsible for compliance with local laws.
Notice
For all instances in which SafeClass requires you to provide an email address, you are responsible for providing SafeClass with your most current email address. In the event that the email address you provide to SafeClass is not valid or is incapable of delivering required notices, SafeClass's dispatch of the email containing such notice will still constitute effective notice. Notices to SafeClass can be sent to info@safeclass.com
Force Majeure:
SafeClass shall not lose any rights or be liable for damages or losses due to a failure of performance if the failure results from Natural Occurrence(e.g., fire, flood, inclement weather, epidemic, or earthquake), war, act of terrorism (including chemical or biological warfare), labor dispute, lockout, strike, embargo, governmental acts, orders, or restrictions, failure of suppliers or third parties, power or Internet outage, mechanical, electronic, or communications failure or degradation (including "line-noise" interference), or any other reason beyond SafeClass's reasonable control.
Miscellaneous:
The failure of either party to exercise any right provided for herein will not be deemed a waiver of any further rights. 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, and the Agreement will remain in full force and effect. You may not assign, transfer, subcontract, delegate, or sublicense this Agreement without SafeClass's prior written consent. Both parties agree that this Agreement is the complete and exclusive statement of their mutual understanding, superseding all previous agreements. Any modifications must be in writing and signed by both parties, except as otherwise provided herein. This Agreement, along with any subsequent versions posted to the services, will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created, and users do not have any authority to bind SafeClass. No waiver of any terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
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