Terms of Service


Overview

This Terms of Service (TOS) agreement is an agreement between iClasss ("iClasss", "us", "we", "our") and you. Use of any iClasss services (website, mobile app, desktop app) constitutes acceptance and agreement to this Terms of Service (TOS) agreement as well as the Privacy and Data Policy. iClasss reserves the right to terminate this TOS for any reason or no reason. iClasss reserves the right to refuse service to anyone.

Thank you for your interest in iClasss, which owns and operates the services offered on iClasss.com, and any associated mobile applications or products and services that iClasss may provide now or in the future (collectively, the “Service”). These Terms of Service contain general terms that apply to you as a user of the iClasss Service, along with additional terms that may apply to you as a User registered as a teacher, school master, school supervisor, or other school roles, or a parent. If you are purchasing any paid features like “Basic” or “Pro” plans, or through the iClasss Service or partake in any sweepstakes, giveaways, or promotions we may offer you will be subject to the iClasss paid plans terms. When using the Service, you will also be subject to the iClasss Privacy and Data Policy and any posted guidelines, policies or rules applicable to specific features of the Service, which may be posted from time to time. These Terms of Service, Terms, including any other Guidelines and future modifications, govern your use of the Service and is a legal contract between you and iClasss. If there is any inconsistency between the Terms of Service, Terms, and any of the Guidelines, the additional Guidelines will prevail to the extent of the inconsistency. By registering for an account on, or otherwise accessing or using the iClasss Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are using the Service on behalf of an institution that has a separate written agreement with iClasss, that agreement governs your use of the Service. If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to the Agreement. If you don’t get your parent or guardian to read and agree to the Agreement, you don’t have permission to use the Service. If you are entering into this Agreement on behalf of a company or other legal entity (including if you are School Master entering on behalf of your school), you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “User” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service. Basically, by using or registering for iClasss, you agree to these terms. If you are under the age of 18, your legal guardian or parent will need to review and agree to the Agreement on your behalf.!

Hardware and Software

You are responsible for and must provide all Internet connectivity services, computers, software, hardware, and other services necessary to access iClasss Services. iClasss makes no representations, warranties, or assurances that users's equipment will be compatible with iClasss Services.

Service

Permission to use iClasss as long as you are complying with all of the terms and conditions of this agreement, iClasss gives you permission to access and use the Service solely to enable your use of the Service. The Service should only be used for educational purposes or lawful purposes that help bring school communities together or help parents and children build stronger relationships at home. The Service of “Starter Plan” is available for your noncommercial use and you may download a single copy of the iClasss “Starter Plan” App for non-commercial use only. Access to and use of the Service under “Starter Plan” is free, but we do offer, other plans such as “Basic” and “Pro” plans that iClasss charge for. Please also be aware that while we currently provide our mobile services for “Parents” for free, your carrier’s normal rates and fees still apply, such as text messaging and data fees. The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.

Service Changes

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we’ll be sorry to see you go. We may also add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability. You (or your school as applicable) are responsible for backing up all of data. iClasss will not be responsible if there are any data lost for any reasons. For “Basic” and “Pro” plan, iClasss do provide daily backups, however, we do not guarantee it. “Starter” plan users, mainly schools, are responsible for making their own backups. You can use iClasss, as long as you follow the rules in these terms.

iClasss Solution

The Service and the iClasss Solution under “Starter” Plan are intended solely for the non-commercial use of our Users and may only be used in accordance with this Agreement. “iClasss Solution” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including iClasss proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all iClasss Marks. “iClasss Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of iClasss. iClasss Solution is protected by copyright and other intellectual property laws. Using our Service does not give you ownership of any intellectual property rights in our Service or the iClasss Solution. You agree that, as between you and iClasss, all the intellectual property rights in the iClasss Service and iClasss Solution, which does not include User Content (as defined below), are owned by iClasss or its licensors. These terms do not grant you the right to use any iClasss Marks. You will not, nor will you allow any third party (whether or not for your benefit) to: Run, license, rent, lease, loan, distribute, or sell access to the iClasss Service or the iClasss Solution. Build or support (and/or assist a third-party in building or supporting) products or services in competition with iClasss, or access the iClasss Service to build a product using similar ideas, features, functions, interface or graphics of the iClasss Service. Use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the iClasss Solution for any purposes other than as expressly permitted under this Agreement. Decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code of any iClasss Solution. Circumvent, disable or otherwise interfere with security related features or features that prevent or restrict use or copying of any User Content or iClasss Solution or enforce limitations on use of the iClasss Service or the User Content and iClasss Solution. Remove, obscure, or alter any copyright, logo, trademark, or other legal notices displayed in or along with our Services or any iClasss Premium Features or other custom products or merchandise, or otherwise use any of the iClasss Solution in a manner that creates the impression that the iClasss Solution belongs to you. Use of our Service does not give you any ownership rights to our intellectual property. We respect copyrights, trademarks and brands. Please respect ours, too!

Service Fees (Basic and Pro Plans)

The date of the initial online order for iClasss paid Services, will set the Account annual anniversary date for all future billings. Some adjustments of the anniversary date will be performed should the online order date occur on the 29th, 30th, or 31st of the month. Services are provided on a prepayment basis and fees for services will be billed on the anniversary date of the billing cycle of the Service. All fees are fully earned when due and non-refundable when paid. School Master agrees that iClasss will charge all Service Fees to the credit card, if any, supplied by User. All payments shall be made in US Currency. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder. If applicable, all taxes will be paid by the Customer.

Non-Payment (Basic and Pro Plans)

All payments are due in full on the anniversary date. Failure to remit payment for services on the anniversary date is a violation of this TOS. Failure to remit payment for ten (10) consecutive days, including the anniversary date, shall result in a suspension of public access to Customer services. Failure to remit payment for services within twenty-five (25) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer files and data remaining after twenty-five (25) days of non-payment will be destroyed and unrecoverable for security and privacy reasons.

User Content

In the course of using the Service, you and other users may provide or post certain content or information (including, but not limited to, photos, videos, drawings, journals, documents, music, messages sent between all users of Service, which may be used by iClasss in connection with the Service and which may be visible to certain other Users. School users may contribute educational content, create answers to assessments, create assessments for students to complete, and transmit this data and content to iClasss. School Users, parents and students may submit feedback, comments or suggestions for improvements to the Services (in written form). Consistent with applicable law, as between iClasss and you, you (or your school as applicable) retain all ownership rights you have in any User Content. iClasss does not claim any ownership rights in the User Content. Please note that, while you retain ownership of your User Content, any template or layout in which you arrange or organize such User Content through tools and features made available through any of our Service are not proprietary to you — rights to such templates or layouts will remain with us or our service providers. License: In order to allow iClasss to provide the Service, you hereby grant to us a limited, non-exclusive, sublicensable (as necessary to perform the Service, including distributing Activities, and providing the Paid Plan Features), worldwide, royalty-free, and transferable (only to a successor) right and license to: use, host, copy, store, distribute, publicly perform and display, publish (in whole or in part), modify, and create derivative works (such as changes we make so that your content works better with our Service) such User Content as necessary to (a) provide, improve and make the Service available to you and other Users including through any future media in which the Service may be distributed; use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including, for use in improving our service or in marketing and business development purposes); use, modify, prepare derivative works, publish, distribute and sublicense Feedback without any compensation to you; use any User Content (including any Student Data or Education Record) that has been de-identified for any product development, research or other lawful permitted by the the iClasss Privacy and Data Policy. iClasss will only share and use your personal information in accordance with iClasss’s current Privacy and Data Policy at https://iclasss.com/privacypolicy.html

License Termination

The license above will terminate when you or your Institution (as defined below) delete (i) any User Content with intellectual property rights (like photos or videos), (ii) personally identifiable information (such as that in Student Data or an Education Record), or (iii) your account. Such termination may not apply if your User Content has been shared with others, and they have not deleted it. Note, however, that any User Content that may be in an Education Record or Student Data (including User Content in or related to messages sent through iClasss Messaging, Class Story, or School Story or Portfolios, may be kept after you delete your account for school legal compliance reasons (e.g. maintenance of “education records”. When you delete IP Content, Student Data, Education Records, or personal information, it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but will not be available to others).

Your Responsibilities and iClasss Rights

You (or your school as applicable) own any content you post on iClasss. You also give us permission to use it to provide the iClasss service to you and other Users. Our use of any personal information you submit is also subject to our Privacy and Data Policy. You are responsible for making sure that you have all the rights in any information or content you submit to iClasss, including to grant us the license we need to provide the service. We do not guarantee that we will publish any of your content or information and we reserve the right (but have no obligation) to pre-screen, filter, or remove it from the service at any time, for any reason.

Additional Terms

1. School Master: If you are a School Master accessing the Service on behalf of a school, school district, or other similar educational institution, you agree that you are acting on behalf of (or have received all necessary permission from) your Institution to enter into this Agreement and to register and use the Service as part of your curriculum. Only School Master who are current employees of the Institution may use the Service on the Institution's behalf. The School Master is responsible for obtaining any necessary approvals from their school's authorities and administrators before using the Service. Upon termination of a School Master or other staff member's employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a User of the Service claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify iClasss immediately at privacy@iClasss.com. Additionally, if you are creating student accounts in the classroom for students under 13 to enable them to login to their accounts allowing students under 13 to use the Service, you will be responsible for obtaining parental consent. You are also responsible for reviewing any content submitted by your students (regardless of age). Additionally, if you allow your students to login to the Service, you are responsible for ensuring that student only logs in to his or her own account. If you use any Parent Communications tools, you must only use for educational subject.
2. Students: if you want to use an iClasss account, your account must be set up by your school. You must be given a student reference number (Ref #) by your teacher (or other school staff member based on school's policy) to set up your own account. If you’re under 13, your parent must first give their permission or your school must have obtained your parent’s consent or acted as their agent and consented on their behalf. We collect minimal information from students in order to create a iClasss student account to provide them with the iClasss service. Then, make sure your school or district is fine with you using iClasss, and acting on behalf of your school in this Agreement.

Last Update: Sept 1, 2019