These Terms of Service ("Terms") are a legal agreement between you and Student Credits governing your access to and use of the Student Credits mobile and web applications (the "Service"). Please read them carefully.
1. Acceptance of These Terms
Student Credits (the Service) is provided to you subject to these Terms of Service and our Privacy Policy. By creating an account, or by accessing or using the Service, you agree to be bound by them.
If you do not agree, do not create an account and do not use the Service. If you are accepting these terms for a school, school board or other organisation, you confirm that you are authorised to bind that organisation.
2. The Service
Student Credits is a classroom-economy tool for teachers. It lets you track student balances, classroom jobs, store items and transactions.
The Service keeps a copy of your classroom data on your device and synchronises it with our hosted systems when your device has a connection. Some features require a paid subscription.
3. Who May Use the Service
You must be at least 18 years old and a teacher, or other authorised staff member, of the classroom or organisation whose information you enter. Student accounts, where offered, are created and controlled by that teacher or organisation.
You are responsible for complying with your school's or organisation's policies and with all laws that apply to you, including education, child-protection and privacy laws.
4. Your Account
You are responsible for the accuracy of the information you provide, for keeping your login credentials confidential, and for everything done through your account.
Please contact us promptly at [email protected] if you believe your account has been used without your permission.
5. Classroom and Student Information
You decide what information to enter about your classroom and students, and you are responsible for it. That may include students' names or first names, assigned card identifiers, balances and job or store activity.
You represent that you have the authority, and any consents, licences or notices required, to enter that information into the Service. Please enter only what the Service needs, and do not use it to store categories of sensitive information it was not designed for, such as health records, government identification numbers, or photographs of students.
We handle classroom and student information only to provide, secure and support the Service, as described in our Privacy Policy.
6. Acceptable Use
You agree not to use the Service to break any law or infringe anyone's rights, to attempt to access another user's data, to interfere with or overload the Service, or to introduce malicious code.
You also agree not to copy, resell, rent, sublicense, reverse engineer or attempt to extract the source code of the Service, except to the extent the law does not allow us to prohibit that.
7. Data Storage, Security and Data Breaches
We maintain reasonable administrative, technical and physical safeguards designed to protect your data, including encryption in transit and controls over who can access stored data. No method of storage or transmission is completely secure, however, and we cannot promise that unauthorised access, loss or alteration will never happen.
To the extent required by applicable law, if we become aware of a security incident that affects your personal information, we will notify you and any relevant regulator, and we will take reasonable steps to investigate, contain and remediate it. You agree to cooperate with us, and to follow reasonable instructions we give, in responding to such an incident.
The Service also keeps a working copy of your classroom data on your device. You are responsible for protecting that device, and we are not responsible for data that is exposed, lost or altered because of unauthorised access to your device, or because the app or its data was removed from it.
8. Privacy
Our Privacy Policy describes what we collect, how we use and share it, how long we keep it, and the choices available to you. It forms part of these terms and is available at studentcredits.ca/app-privacy.
We handle personal information in accordance with applicable Canadian privacy law, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and, where it applies, provincial privacy legislation.
9. Fees and Subscriptions
Some features require a paid subscription. Subscriptions are purchased through the Apple App Store or Google Play and are also governed by that store's terms, including its billing, renewal, cancellation and refund rules.
We may change our prices or the features included in a plan. Where a change affects a subscription you already hold, we will give reasonable notice before it takes effect.
10. Intellectual Property
The Service, including its software, design, text, graphics and trademarks, belongs to us or our licensors. We grant you a limited, non-exclusive, non-transferable and revocable licence to use the Service for your own classroom teaching during the term of your subscription.
You keep all rights to the information you enter. You grant us the limited licence we need to host, process, back up and display that information so we can operate the Service for you.
11. Availability and Changes to the Service
We may add, change or remove features, and may suspend or discontinue the Service. We aim to give reasonable notice of significant changes, but the Service is not guaranteed to be available at all times, in every region, or free of errors.
12. Disclaimer of Warranties
To the maximum extent permitted by law, the Service is provided as is and as available, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy and non-infringement.
We do not warrant that the Service will meet your requirements, that it will be uninterrupted, timely, secure or error-free, or that the information it displays will be accurate or complete. Balances, reports and records are for classroom-record purposes only and are not financial, legal, tax or accounting advice.
13. Limitation of Liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, loss of goodwill or business interruption, however caused and regardless of the legal theory relied on.
To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Service — including any claim arising from a data breach, from unauthorised access to your data, or from the loss, corruption or disclosure of your data — is limited to the greater of: (a) the amount you paid us for the Service in the twelve months before the event giving rise to the claim; and (b) one hundred Canadian dollars (CAD $100).
Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above may not apply to you. Nothing in these terms limits any liability that cannot lawfully be limited or excluded, including under applicable consumer protection legislation.
14. Indemnity
You agree to indemnify and hold harmless Student Credits and its owners, officers, employees, contractors and service providers from any claim, loss, liability, cost or expense (including reasonable legal fees) arising out of: information you enter into the Service; your use of the Service; or your breach of these terms.
This includes claims brought by a school, school board, parent, guardian or student relating to classroom or student information you entered without the authority or consents required by section 5.
15. Termination
You may stop using the Service at any time and may delete your account from the app's settings. We may suspend or terminate your access if you breach these terms, if we are required to do so by law, or if we discontinue the Service.
Sections 10, 12, 13, 14 and 17, and any other provision that by its nature should survive, continue to apply after your access ends.
16. Changes to These Terms
We may update these terms from time to time. If a change materially affects your rights or obligations, we will notify you in the app or by email before it takes effect. Continuing to use the Service after the change means you accept the updated terms.
The version and effective date of the terms you are agreeing to are shown at the top of this page.
17. Governing Law and Jurisdiction
These terms are governed by, and are to be interpreted in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws rules.
You and we agree that the courts located in Newmarket, Ontario have exclusive jurisdiction over any dispute arising out of or relating to these terms or the Service, and each of us irrevocably submits to the jurisdiction of those courts. Each of us also waives any objection to proceedings in those courts, including on the basis that the forum is inconvenient.
18. Contact
If you have questions about these terms, or about how we handle your data, contact us at [email protected] or through studentcredits.ca.
