Privacy Policy

 

PRIVACY POLICY

Disclosure Regarding Collection and Use of Personal Information. Thank you for visiting the Weflection.App (referred to as the "Platform", the "Weflection Platform", the "App", the "Website", or the "Site") brought to you by Weflection, Inc. (the "Company"). This notice explains the Company's online information collection and use practices and the choices you can make about the way we use and share such information. It is important that you take the time to read and understand this policy so that you can appreciate how we use your personally identifiable information ("PII").

REMEMBER IN ORDER TO REGISTER WITH THE WEFLECTION PLATFORM, YOU MUST AGREE TO THIS PRIVACY POLICY AND HAVE A VALID LICENSE PROVIDED BY AN EDUCATIONAL INSTITUTION. AS WE UPDATE AND EXPAND OUR SERVICES, THIS POLICY MIGHT CHANGE, SO PLEASE REVIEW IT FROM TIME TO TIME. WE WILL CONTACT YOU VIA EMAIL AND SEEK YOUR CONSENT TO THE REVISED PRIVACY POLICY IN THE EVENT OF ANY MATERIAL CHANGE. WE MAY NOT DO SO IF WE VIEW THE REVISION AS NON-MATERIAL.

The Information We Collect. Access to the Weflection Platform is exclusively available through educational institutions. You will need a valid license provided by your local school, local school district, teacher, or other responsible education authority (the "Educator"). Individual access cannot be purchased directly through the app - all access must be authorized and provided by an educational institution.

You will also need to expressly agree, be bound by, and comply with the Company's Terms of Service and the Privacy Policy.

You will also need to create a profile. To create a profile, the Company collects PII about students using the Weflection Platform only when an Educator has contracted with the Company to collect PII. The Educator agrees that it has received any consent required in order to provide us with such PII and the Company can rely on the Educator to obtain the necessary and appropriate consent for the collection and use of such information in relation to Weflection.

The Weflection Platform requires that all users create a username and password, which is used to validate sign-in requests, and provide certain PII such as name, email, or other information if necessary, depending on the needs of the Educator. Because passwords are hashed, the actual plain-text password is completely unknown to the Company and remains with the user.

The Company does not and will not sell, share, rent or trade your PII with any third parties other than as expressly disclosed in this Privacy Policy and consented to by you. The Company collects and analyzes data on how the Site is used in the aggregate (how groups of people use the Weflection Platform) for the purpose of improving and enhancing its service. The Company does not analyze information on how particular individuals use the Platform as part of general reporting procedures or in the usual course of business.

PII, including but not limited to individual IP addresses, may be analyzed on a case-specific basis to resolve a technical difficulty or to assist in resolving or investigating any misuse of the service; also, such individual usage information may be furnished to your Educator if the Educator requests such information to assist in the investigation of fraudulent, abusive, or criminal activity or any other use of the Weflection Platform that violates your school's rules or policies or as required by your Educator as part of their information management efforts. For example, if your Educator or school uses a certain third-party company to manage their classroom scheduling and attendance system, necessary information may be shared with that company to assist in those administrative tasks.

These information collection, management, and disclosure practices apply to parents, teachers, administrators, and students. If you are a parent or guardian, you agree that this is acceptable for you as well as any of your children that use the Weflection Platform. If you are an Educator, you agree that this is acceptable for you as well as any of your students that use the Weflection Platform.

We also may collect certain non-personally identifiable information (i.e. generic information that does not identify you personally) when you visit any of our web pages such as the type of browser you are using, the type of operating system you are using, and the domain name of your Internet service provider. We may do so using certain third-party services to help us understand certain activities which happen on the Weflection Platform, so that we can improve the quality of our service. An example of such activities would be services that allow us to analyze our usage data. These services would be required to access non-personal information, solely for the purpose of improving service. No information at any point would be transferred or sold.

The Company reserves the right to disclose your or your child's PII as required by law and when the Company believes such disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process.

The information collected by Weflection is as follows: IP address, meta-data related to user interaction with the platform, student responses to built-in questions, student school enrollment, school associated with each teacher as provided by the customer, grade level, teacher names, app assigned student ID and teacher ID, student and teacher usernames and passwords for Weflection, student email addresses, teacher email addresses, student name, and student performance on Weflection lessons.

Access to Educational Records and By Children. With respect to any access by the Company to any "education records" (as such term is defined in the Family Educational Rights and Privacy Act, 20 U.S.C. §1232, et seq. ("FERPA")) held by you or an Educator under or in connection with the use of the Weflection platform, the Company shall be acting as your legal agent ("School Official"). As between you and the Company, any information protected by FERPA submitted to the Company by you in connection with your use of the Weflection platform shall be deemed your "Confidential Information." The Company agrees to comply with FERPA and agrees not to share or disclose any FERPA protected information with any third party except as described above and permitted by FERPA or as authorized or permitted by you.

You and the Company each represent and warrant to the other that we will comply with Children's Online Privacy Protection Act ("COPPA") and the Children's Internet Protection Act ("CIPA"), to the extent such laws are applicable to the respective party's actions. You shall be responsible for establishing or requesting that the Company establish student accounts for access to the Weflection platform and shall ensure that it has obtained any necessary and appropriate consent to establish such accounts; the Company will not establish any student accounts except as directed by you and the Educator. The parties agree that the Company may rely on you to obtain the necessary and appropriate consent for such students' use of or access to the Weflection platform.

Destruction of records. All PII that was provided to Weflection will be destroyed when no longer needed for the specific purpose for which it was provided, including any copies of the PII that may reside in our system backups, temporary files, or other storage media. For the purposes of this agreement, this data shall be destroyed within 1 year of the termination of your license unless you request we retain such information for your purposes. Weflection will use appropriate data deletion methods to ensure the data cannot be recovered.

Special Note. If you are a student: – Be careful who you share your information with while using Weflection. – You will only access Weflection using the login credentials given to you by your teacher or Educator. You may not use any login credentials which you receive from other students or which you did not receive directly from your teacher or Educator. – Your access to Weflection is provided exclusively through your educational institution. Individual access cannot be purchased through the app.

If you are accessing the Weflection Platform on behalf of a School or District: – You represent and warrant that you are solely responsible for complying with COPPA, where applicable, which requires parental consent for online collection of personal information from children under 13. You understand and acknowledge that the Company does not do so and has no obligation to do so. – You will only grant licenses to teachers and staff members who are current employees of your school or district. Upon termination of a teacher or other staff member's employment with you for any reason, you will require such individual to cease using all licenses he or she has in his or her possession. If at any time you learn a user of the Site claims to be affiliated with your school or district who is not in fact affiliated with your school or district, you will notify the Company immediately.

If you are accessing Weflection as a Teacher: – You represent and warrant that you have permission from your school or district to enter into the Terms of Service and Privacy Policy, and to use the Weflection Platform as part of your curriculum. – Your access is provided through your educational institution, and you cannot purchase individual access through the app. – You represent and warrant that you are solely responsible for complying with COPPA, where applicable, which requires verifiable parental consent for online collection of personal information from children under 13. – Where applicable, you must obtain Consent from all parents whose children under 13 will be accessing the Site and provide a copy to the Company upon our request. For more information on COPPA, please see https://www.ftc.gov/privacy. – When obtaining Consent, you must provide parents with a copy of our Privacy Policy.

If you are accessing Weflection as a parent or guardian: – You understand that access to Weflection is provided exclusively through educational institutions and cannot be purchased individually through the app. – You understand that your acceptance of the Terms of Service and this Privacy Policy is on behalf of both yourself and as well as on behalf of those children who use the Weflection Platform and for whom you are a parent or legal guardian. Children under 18 must not use the Site until a parent or legal guardian has accepted the Terms of Service and Privacy Policy on their behalf.

How We Use and Disclose Information. We will use the personal information you provide online for the purpose(s) you have submitted. This may include:

Responding To Your Inquiries and Fulfilling Your Requests. We may use your personally identifiable information to respond to your inquiries to the Company and to fulfill your requests.

Sending Administrative Emails. From time to time, we may use your information to send you emails (a) to confirm your registration with the Weflection Platform, (b) to confirm a transaction through the Site, (c) to provide you with information regarding the Weflection Platform, or (d) to inform you of changes to this our Terms of Service or this Privacy Policy, or our other terms, conditions, or policies ("Administrative Emails"). Because this information may be critical to your continued use of the Weflection Platform, you may not opt out of receiving Administrative Emails.

If you want us to stop using the personal information you provided, please contact us at legal@weflection.app.

How We Share Your Personal Information. We will not share the personal information you provide except with your consent (a) if it is for the purpose(s) you provided it; and/or (b) notifying you when we make changes to one of our subscriber agreements or this policy. We may share your personal information without your consent as may be required by law or as we think necessary to protect our company or others from injury (e.g. in response to a court order or subpoena, in response to a law enforcement agency request or when we believe that someone is causing (or about to cause) injury to or interference with the rights or property of another).

All third parties with which we share personal information provided online will only be for purposes which we were authorized by the educational institution/agency, teacher or the parent/student, and only if the third-party company has agreed to implement these same commitments for the given student personal information. If you want us to stop sharing your personal information with these companies, please contact us at legal@weflection.app.

If you consent to receiving communications from non-affiliated companies, you may need to communicate with them directly if you later decide that you no longer wish to receive their communications or if you wish to change any data you provided online. In this instance, any changes or amendments to your personal information must be given directly to each company who communicates with you as these changes, amendments and/or deletions will not be exchanged between us and non-affiliated companies.

Use and Disclosure of Anonymous Information. We sometimes use the non-personally identifiable information that we collect to improve the design and content of our Site. We also may use this information in the aggregate to analyze how our Site is used. We will not use this information to create targeted advertising, nor will authorize our third party affiliated or non-affiliated companies to do so.

Collection of Information by Others. Our Site may contain links to other sites whose practices may be different than ours. You should check the other sites' privacy notices since we have no control over information that is submitted to or collected by them.

Tracking Technologies. Technologies such as cookies, beacons, tags and scripts are used by the Company on the Weflection Platform as well as by the Company's tracking utility partners who provide online customer support and video management. These technologies are used to make it easier for you to navigate the Weflection Platform, to store your password so you don't have to enter it more than once, to analyze trends, administer the Weflection Site, track users' movements throughout the Weflection Site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We will not and will not authorize our third-party partners to use PII, cookies or other non-PII to target advertising to you based upon your use of the Weflection Site.

We use cookies as a convenience feature to save you time, to understand how our Site is used, and to improve the content and offerings on our Site. For example, we may use cookies to personalize your experience at our web pages or recall your specific information on subsequent visits (e.g. to recognize you by name when you return to our site). You can opt to have your browser reject cookies. If you do that, you may need to re-register with us every time you visit our Site. This policy does not cover how third-party companies use their cookies.

Weflection and our Service Providers may also use "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some Weflection Platform pages and HTML-formatted email messages to, among other things, compile aggregate statistics about platform usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to platform visitors and may be associated with cookies on visitors' hard drives. Pixel Tags allow us and our Service Providers to count users who have visited certain pages of the Weflection Platform, to deliver customized services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.

Clickstream Data. As you use the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a web site's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Weflection Platform. We may use clickstream data as a form of non-personally identifiable information to anonymously determine how much time visitors spend on each page of the Weflection Platform, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors. This information will only be used to improve the Site. Any collection or use of clickstream data will be anonymous and aggregated.

Our Commitment to Security. The Company and your Educator work together to protect the online privacy of all your school community members that use the Weflection Platform, including students, parents, teachers, and administrators.

The Company information collection, security, and privacy policies have been authorized by your school or teacher, and the Company strives to manage your school's internet services in a secure manner. For example, Weflection uses industry-standard technology called SSL (Secure Socket Layer). SSL encrypts information transmitted across the internet to and from the Weflection Platform. You will know that SSL is working when you see the presence of an image of a closed lock or solid key in the bottom bar of your browser window.

The application is hosted on the Amazon Web Services Platform (AWS), which has many built-in security measures and complies with various industry standards. For more information on the AWS platform, please visit https://docs.aws.amazon.com/security/. However, unfortunately no data transmission over the Internet can be guaranteed to be 100% secure and "hacker-proof," and the Company cannot ensure or warrant the security of any information managed by the Company, whether transmitted to the Company by you, your school, or your teacher, or compiled by the Company with your approval on Weflection.

The Company shall not be liable if a security breach occurs, if the Weflection site malfunctions, or if information is misused or mismanaged in any way to your detriment or the detriment of a third party, whether by the Company, your school, your teacher, or an unauthorized third party.

We believe we have in place the appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security and correctly use the information we collect online as well as offline.  Unfortunately, no data transmission over the Internet or data storage solution can ever be completely secure.  As a result, although we take steps to protect your information, we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our Service Providers’ systems.  When your personal information is passed onto non-affiliated companies, to the extent practical, we request that they also have in place the appropriate safeguards.  We cannot, however, guarantee that they do so.

Please remember that you are ultimately responsible for maintaining the secrecy of your username, passwords and/or any account information.  You are not permitted to disclose your username and password to any other person.  If you have reason to believe that your interaction with the Site is no longer secure (for example, if you feel that the security of your username or password has been compromised), you must immediately notify us of the problem by contacting us.

Privacy Settings.

The Company posts user testimonials on the Weflection Site which may contain PII.  We will obtain the user’s consent via email prior to posting the testimonial.  To request removal of your PII from a testimonial, contact us at legal@weflection.app.

International Users.

If you are visiting the Weflection Platform from outside of the United States, your connection will be through and to servers located in the United States and all information you provide will be processed and securely maintained in our web servers and internal systems located within the United States.  By using the Weflection Platform, you authorize the export of personal information to the USA and its storage and use as specified above when you provide such information to us.  This policy and our legal obligations are subject to the laws of the USA, regardless of the location of any user.  Any claims or complaints must be filed exclusively in the USA.

How You Can Access or Correct Your Personal Information.

For instructions on how you can access the personally identifiable information that we have collected about you or your child online, or how to correct any errors in such information, please send an e-mail to legal@weflection.app.  We will respond to your request as soon as possible, and certainly within 30 days.

To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.

Please note that if you wish to cancel your account or request that we no longer use your information to provide you services contact us at legal@weflection.app.  We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Special Note for Parents.

If you have concerns about this Site or its services, wish to find out if your child is a member or has registered for one of our services, or wish to cancel your child’s membership, please contact us at legal@weflection.app.  Our Site will not knowingly accept PII from anyone under 13 years old in violation of applicable laws, without consent of a parent or guardian.  If you believe that your child under 13 has gained access to our site without your permission, you may contact us at legal@weflection.app.

Transfer of Business Assets.

The personal information you provide is considered a company asset and may be included among transferred assets if the Company or all its parents or affiliates or any of their assets is ever acquired by a third party.

Links to Other Sites.

If you click on a link to a third-party site, you will leave App and be redirected to the site you selected.  Because the Company does not and cannot control the activities of third parties, we cannot accept responsibility for any use of your PII by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as the Company.  We encourage you to review the privacy statements of any other service provider from whom you request services.  If you visit a third-party website linked to the App site, you should read that site’s privacy statement before providing any personally identifiable information.

Changes to This Policy.

Because our business needs may change over time, we reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time.  If at any time in the future we plan to use your PII in a way that differs from this Policy, we will revise this Policy as appropriate.  Your continued use of the Weflection Platform following the posting of any changes to this Policy means you accept such changes.  This policy is effective as of October 27, 2024[BB1] . (“Effective Date”)

Your Right to Opt Out.

If you are the User or you are the are the parent or guardian of a student using the Weflection Platform, and cease to agree with the Company’s Terms of Service or Privacy Policy at any time in the future, you may opt-out and have your PII deleted on behalf of yourself or the relevant student by contacting your Subscriber (typically your Educator) and/or the Company administrator at legal@weflection.app.

How to Contact Us.

If you have any questions or concerns about this privacy policy you may email legal@weflection.app.

 

 

 

 [BB1]Update when finalized.

TERMS OF SERVICE

These terms of service ("Terms of Service") govern all rights and obligations regarding the use of the Platform and constitutes an agreement between the Authorized Users and Weflection Inc. ("Weflection"). By accessing, Registering, and/or using the Platform, each Authorized User signifies consent to these terms. If the Authorized User does not agree to be bound by all the provisions of these Terms of Service, the Authorized User may not access or use the Platform at any time.

All capitalized terms have the meaning ascribed in the "Definitions" section below or as otherwise noted in these Terms of Service.

ACKNOWLEDGEMENT

By accessing, Registering and using the Platform, Teachers and School Staff acknowledge and agree that each of the following are true and accurate:

By accessing, Registering and using the Platform, the following applies to the Students:

For those Students that are over the age of 18 and have the capacity to agree to these Terms and Conditions, the Students acknowledge and agree that each of the following are true and accurate: (i) you are 18 years of age or older; (ii) you read and understand and accept these Terms of Service and have the authority to do so; (iii) your use is solely for your personal and individual learning purpose; (iv) you have the right and authority to supply all data, including personal information about yourself, your name, contact details and related information; and (v) data inputted into or stored within the Platform are accurate and shall be kept up to date (including without limitation the data provided when you Register).

For those Students that are under the age of 18 (or those Students over the age of 18 without capacity), you may not access, register to use, or use the Platform unless you have the express written consent of your parent or guardian to do so and such consent has been supplied to, and maintained by, the School District. If you are not sure if such consent has been supplied, contact your parent, guardian, or School. Weflection does not knowingly accept any data from anyone under the age of 18 without the explicit authorization to do so. For these Students, to the extent permissible by law, you acknowledge and agree that (i) you read and understand these Terms of Service and will follow all requirements and obligations described below; (ii) your use is solely for your personal and individual learning purpose; (iii) your parent or guardian has granted the right to supply all data.

Definitions

"Platform" means the software tool Weflection created, developed and owns to support students' transition and social emotional well-being, including the Content contained therein.

"Authorized User" means (i) each Teacher who is authorized by the School District to access and use the Platform For the School District and Student's benefit; (ii) each School Staff who is authorized by the School District to access and use the Platform solely for the School District's benefit; and (iii) each Student who is authorized by the School District to access and use the Platform for its own benefit.

"Student" means a person who is enrolled in the School District and for whom the School District and Teacher has responsibility and who has been assigned a unique user identifier.

"School Staff" means an employee of the School District who is responsible for managing, coordinating and reporting on information from, and the operation of, the Platform, including maintaining data and who has been assigned a unique user identifier.

"Teacher" means an employee of the School District who provides instruction, lessons and imparts skills to Students and who has been assigned a unique user identifier.

"School District" means the corporate entity that has entered into a written agreement with Weflection for access to, and use of, the Platform.

"Third Party Service" means any software, hardware, network, cloud, content or other components licensed or utilized by Weflection provided with, or incorporated into, or linked to the Platform.

USE OF THE PLATFORM

User Responsibility

To access and use the Platform, each Authorized User is required to Register for an account. Each Authorized User is solely responsible and liable for (a) its use of the Platform; (b) all Content it makes available, distributes or transmits through the Platform; and (c) compliance with all applicable laws. Each Authorized User will be solely responsible for the confidentiality of its login IDs and passwords. If the Authorized User believes that the Authorized User's account is no longer secure, then the Authorized User must immediately notify Weflection at legal@weflection.app.

School District Authorization; Creating Profiles and Registration

For Students, Teachers and School Staff to become Authorized Users, the School District must identify each such individual and approve the application of a license to that individual. After a Student or School Staff has been identified and approved, the individual must create a profile and/or complete a validation process (such as a Student accepting an invitation from a Teacher) (for purposes of these Terms and Conditions, the term "Register" or "Registers" or "Registering" will be used to denote any process or format for creating profiles and authorizing users in the Platform). Weflection may use generally commercially available methods to authenticate the Authorized Users. Weflection will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with any unauthorized use of a username or password. Weflection retains the right to disable any user identification code or password, if the School District or any Authorized User, has violated any of the provisions of this Agreement.

Connection to the Platform

Each Authorized User shall be responsible, at its own expense, for procuring and maintaining the telecommunications, networks, peripherals and other items necessary to access the Platform. Each Authorized User shall be solely responsible for all aspects of Internet use and connectivity.

Usage

The Authorized Users may access the Platform through a website, link or other portal supplied by Weflection, which may change from time to time. Access to the Platform is provided exclusively through educational institution licenses and cannot be purchased directly by individual users through the application. Weflection hereby grants the Authorized User a non-exclusive, non-transferable, non-sub-licensable, revocable license to use the Platform for non-commercial purposes, subject to these terms.

The Authorized User hereby agrees that it will only use the Platform for private, personal and individual uses as described in the Acknowledgement above and as follows:

Teachers are permitted to use the Platform for teaching purposes, including to deliver lessons.

Students are permitted to use the Platform for the Students' individual learning purposes.

Administrative Users are permitted to use the Platform for the internal business of the School District, including (i) managing, coordinating, and reporting on information from, and the operation of, the Platform and (ii) allocating, assigning and reassigning Students and Teachers.

Authorized Users merely obtain a limited, non-exclusive license to use the Platform in accordance with these Terms of Service and within the scope, duration and intended use requirements as stated herein; and Weflection may make changes, impose limits, and occasionally suspend or terminate the features, functions or certain aspects of the Platform.

Information pertaining to a Student, such as progress, certifications, course completion and the like shall remain personal to that Student. Administrative Users may be authorized by the School District to access and view information pertaining to all Students with a School District. Teachers will only have access to information pertaining to those specific Students that are assigned to the Teacher during the account set-up and registration process; or as updated by the School District from time to time.

Use Restrictions

Authorized Users shall not use the Platform for any purposes beyond the scope expressly granted in these Terms of Service. Authorized Users shall not at any time, directly or indirectly:

Further, each Authorized User represents that the Authorized User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

Continued Use

Authorized Users will be able to access and use the Platform for the period determined by the School District (and agreed upon by Weflection and reflected in the written agreement with the School District). The license to access and use the Platform for the applicable time period shall remain in effect regardless of whether: (i) the Student moves between or among schools within the School District or changes Teacher associations within the School District; provided, however, the license will terminate – and the Student will be unable to access and use the Platform – upon notice that the Student has disenrolled or moved to a different School District; (ii) regardless of whether the School Staff moves between or among schools within the School District; provided, however, the license will terminate upon notice that the School Staff is no longer employed by the School District or the School District no longer authorizes such School Staff to access and use the Platform; and (iii) regardless of whether the Teacher moves between or among schools within the School District; provided, however, the Teacher's rights to access, view and use specific Students' data may change and further the license will terminate upon notice that the Teacher is no longer employed by the School District or the School District no longer authorizes such Teacher to access and use the Platform.

Suspension

Weflection may temporarily suspend an Authorized User's access to any portion or all of the Platform if: (i) Weflection reasonably determines that (A) there is a threat or attack on the Platform; (B) Authorized User's use of the Platform disrupts or poses a security risk to the Platform or to any other Authorized User or vendor of Weflection; (C) Authorized User is using the Platform for fraudulent or illegal activities; (D) subject to applicable law, the School District has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) the provision of the Platform to Authorized User is prohibited by applicable law; (ii) any vendor of Weflection has suspended or terminated Weflection access to or use of any Third Party Services required to enable Authorized User to access the Platform; or (iii) School District's failure to pay fees when due. Weflection will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Authorized User may incur as a result of a suspension. Although Weflection will not review Content, as described herein, Weflection may, at any time and without prior notice, screen, remove, edit, or block any Content that in its sole judgment violates these Terms of Service or is otherwise objectionable.

CONTENT AND INFORMATION

 

Usage

The Authorized Users may access the Platform through a website, link or other portal supplied by Weflection, which may change from time to time. Access to the Platform is provided exclusively through educational institution licenses and cannot be purchased by individual users through the application. The Platform does not offer any in-app purchases or individual subscription options. All access rights are granted solely through agreements between Weflection and educational institutions.

Weflection hereby grants the Authorized User a non-exclusive, non-transferable, non-sub-licensable, revocable license to use the Platform for non-commercial purposes, subject to these terms.

Content

Users may have the ability to upload, download, access, use, submit and post information and content, which includes curriculum, lesson plans, assessments, quizzes, projects, interactive activities, workbooks worksheets, programs, educational materials, data, audio, video, media, images, episodes, footage, clips, demonstrations or similar content (in all languages), abstracts, summaries, scripts, completion materials and text, replies, comments, graphics, geo-data, and other materials and supporting documentation within the Platform ("Content").

By providing Content, Authorized User represents and warrants that it is the owner of the Content, or has the necessary licenses, rights, consents, and permissions to submit the Content and to license to Weflection the right use and distribute the Content as described in these Terms of Service. In particular, Authorized User represents and warrants that it is authorized to provide all Content pertaining to Students and that it is not violating any law or right of any third party in doing so.

Authorized User, and not Weflection, is solely and completely responsible and liable for all Content it submits within the Platform. Thus, the Authorized User assumes sole responsibility for any Content, and you alone are liable for the consequences when you submit and/or post Content. By providing Content in or through the Platform, Authorized User grants Weflection a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute the Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

General Content Limitations.

Authorized Users may not use the Platform in any manner (or add, submit, or transmit any Content in or to the Platform) that contains, posts, shares, or transmits any material that:

–      is false, misleading, libelous, private, or other disparaging content;

–      is improper or unlawful (or for any illegal purpose or in violation of any local, state, national, or international law);

–      is defamatory, offensive, obscene, or otherwise objectionable or causes offense based upon one’s race, religion, ethnicity, gender, sexual orientation, nationality or disability (or harasses, threatens, demeans, embarrasses, bullies, or otherwise harms anyone);

–      breaches the confidence or privacy of any third-party’s rights;

–      violates copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

–      has the purpose, intent, or effect of harming minors, attempting to harm minors or contains sexually explicit material or contains violence;

–      discloses any personally identifiable information about a minor in any public forum or performs any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other account without permission, or falsifying aStudent’s age or date of birth (or slanders, defames, libels, or invades the right of privacy, publicity, or other property rights of any other person);

–      is misleading or misrepresents the Weflection’s products or services; and/or

–      causes damage to Weflection or brings Weflection into disrepute.

Downloadable Content.  Notwithstanding the license restrictions set forth above, some Content may be available for downloading and printing, such as worksheets, workbooks, completion certificates, lesson guides, lesson plans and progress reports.  Weflection will continue to own all copyright rights in and to such Content, regardless of whether it is downloaded and printed.  Weflection hereby grants the following rights to the Authorized Users with respect to downloadable Content:

–      to the Teachers:  a license to download and print applicable Content for the limited purpose of (a) delivering lessons and to teach Students and (b) evaluating, monitoring and assessing student progress and to share and communicate such with parents, and for no other purpose; thus, Teachers may not distribute the Content to teachers and administrators in other school districts or create businesses based upon the Content or otherwise post, distribute or commercialize the Content.

–      to the Students:  a license to download and print applicable Content for the Students’ individual learning purposes:  such as to engage with the lesson, complete activities and lessons, or take a quiz.

–      to the School Staff: a license to download and copy, distribute, and display reports for its internal business purposes in furtherance of the purpose for which the report was created, but not to develop a service competitive to the Platform or to distribute the reports to competitors of Weflection.

Maintenance, Support, Modification.  Although Weflection may provide support to School Districts, Weflection has no obligation to provide any type or level of support for the Platform directly to Authorized Users.  To the extent Weflection offers support, it will do so subject to published policies, if any.  Weflection reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing any features or the functionality of the Platform), temporarily or permanently, with or without notice to Authorized Users.  Weflection will have no liability for any change to the Platform or any suspension or termination of Authorized User’s access to or use of the Platform.

Monitoring Content.

Weflection does not control and does not have any obligation to monitor Authorized User Content, or any content made available by third parties.  Authorized User acknowledges and agrees that Weflection reserves the right to, and may from time to time, monitor all information transmitted or received through the Platform for operational and other purposes.  If at any time Weflection chooses to monitor the Content, Weflection still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of Content.  During monitoring, information may be examined, recorded, copied, and used in accordance with the Weflection  Privacy Policy (and any applicable agreement between Weflection and the School District).

Automated Decision Making.  In the future, the Platform may contain technology that includes the ability to track usage, make decisions, predict behavior, and draw certain analysis from Authorized User’s responses and navigation within the Platform.  If Weflection adopts this type of technology, it will not contain any legally significant impact and will not involve the denial of or approval for any services.  Should any Authorized User wish to opt-out of this type of technology, the Authorized User must submit a request to Weflection.

TERM AND TERMINATION

Commencement.

These Terms of Service shall begin on the first date on which the Authorized User downloads, installs, accesses, Registers or uses the Platform.

Termination Period.

These Terms of Service will remain in effect unless and until terminated, as described below.

Cancellation or Termination of Platform.

The written agreement in effect between Weflection and the School District may terminate and, if this occurs, the Authorized User’s rights to access and use the Platform will likewise terminate, except as provided under the terms of that written agreement.  Unless otherwise the School District mandates or determines otherwise, the Authorized User may terminate use of the Platform at any time and for whatever reason.  If you would also like for Weflection to delete your Weflection account and your personal information contained in the account, please submit a request to support@weflection.app and provide your name, the username and other required data.  On receiving such a request, Weflection will use reasonable efforts to delete such information and will do so in accordance with Weflection’s Privacy Policy, noting that information may not be deleted immediately from any back-up systems and further noting that certain information may be retained to comply with the written agreement with the School District and/or applicable law.

Termination by Weflection.  Weflection retains the right to block Authorized User’s access to and use of thePlatform and discontinue use, at any time and immediately without notice to Authorized User if:  (i) Authorized User fails to comply with any term or condition of these Terms of Service; and/or (ii) Authorized User violates the usage restrictions set forth herein; and/or (iii) the agreement between the School District and Weflection has terminated or been canceled, such as for failure to pay fees when due.

Effect of Termination.  Upon termination of these Terms of Service for any reason, Authorized User’s right to access and use the Platform shall be terminated and revoked and Authorized User shall immediately discontinue use of the Platform and Authorized User shall delete, destroy, or return all copies of network passwords, links and other materials providing access to the Platform.  Upon termination or cancellation of these Terms of Service for any reason Weflection will cease performing any actions in connection with the Platform for, or to, the Authorized User.  The sections of these Terms of Service pertaining to Termination, Ownership, Warranties, Disclaimers and Limitation of Liability, and General Provisions shall survive any termination of these Terms of Service.

OWNERSHIP AND DATA

Weflection Ownership.  Weflection is the owner or licensee of all intellectual property rights in and to the Platform and all derivative works thereof, including, without limitation all copyrights, trade secrets, patents, and trademarks.  Authorized User does not acquire any right, title or interest in or to the Platform (or Content) except in accordance with these Terms of Service.  Weflection (or its licensors) shall hold all title, ownership rights, and intellectual property rights to any modifications, updates, copies, translations, improvements, adaptations of incorporations of the Platform.  For avoidance of doubt, Weflection owns all right, title and interest in and to all visual interfaces, graphics, designs, compilations, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform provided by Weflection.  Weflection reserves all rights not granted expressly in these Terms of Service.

User Information.

As described above, the collection, maintenance and use of all personally identifiable and related information about, or in connection with, Authorized Users and Students shall be governed by the Weflection’s Privacy Policy (https://weflection.app/privacy-policy/) and the applicable agreement between Weflection and the School District.  Authorized User warrants that its collection of all data pertaining to any Authorized User is, and shall remain, in accordance with all laws and that Authorized User has, and will continue to have, all right to collect, maintain and use that data.  The collection, maintenance and use of data as described in this paragraph means and includes, without limitation, obtaining data, importing data into the Platform, exporting data from the Platform, identifying and transmitting information about Authorized User and Students.

School District Data.

School District is solely responsible for:  (a) the accuracy, quality, integrity, legality and correctness of the School District Data and other data; (b) the selection, creation, and update, of the School District Data and other data; and (c) the selection and design of the School District’s business controls and the implementation of those controls for the review, addition, deletion and modification of such School District Data and other data.  This means that Weflection has no liability or responsibility to any Authorized User with respect to any of these activities and should Authorized User have any claims related to the data, it must seek and pursue such claims only against the School District.

License to Data.

Each Authorized Users grants Weflection a limited, non-exclusive, revocable license to use the School District Data for the limited purpose of rendering the services and providing the Platform as described herein.

WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY

THE PLATFORM AND ALL USE THEREOF IS ON AN “AS IS” AND “AS AVAILABLE” BASIS.  Weflection HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON- INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.  Authorized User assumes responsibility for the selection of the Platform to achieve the Authorized User’s intended results, and for the use and results obtained from the Platform.  Weflection is not liable for any damage to or loss of any programs, data, or other information or any non-Weflection-branded product, embedded software or software not covered by this warranty.

Moreover, Weflection does not warrant that the Platform will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, software failures and software communication failures.  Weflection does not disclaim any warranty or other right that Weflection is prohibited from disclaiming under applicable law.

LIMITATION OF LIABILITY

WEFLECTION AND ITS AFFILIATES, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, AND ASSIGNS (“WEFLECTION ENTITIES”), SHALL NOT BE LIABLE, REGARDLESS OF CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, FOR ANY DIRECT, INCIDENTAL,CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES OF ANY NATURE OR KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSSES OR DAMAGES ARISING OUT OF OR RESULTING FROM USE OF THE PLATFORM LOST OR CORRUPTED DATA OR THIRD PARTY DATA, LOST PROFITS OR LOST GOODWILL, FAILURE TO REALIZE SAVINGS OR FOR ANY CLAIM OR DEMAND AGAINST THE AUTHORIZED USER BY ANY THIRD PARTY, EVEN IF SUCH PARTY HAS BEEN ADVISED (OR KNOWS OFOR SHOULD HAVE KNOWN OF) THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE PLATFORM, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE PLATFORM, OR FROM ANY FAULT, OR ERROR MADE BY WEFLECTION’S STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM ANY RELIANCE ON THE CONTENT OF THE PLATFORM OR FROM ANY COMMUNICATION WITH THE PLATFORM, OR WITH OTHER USERS ON OR THROUGH THE PLATFORM, OR FROM ANY DENIAL OR CANCELLATION OF AUTHORIZED USER’S ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT.  IN ANY EVENT, AUTHORIZED USER’S SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

THE AGGREGATE LIABILITY OF THE WEFLECTION ENTITIES TO AUTHORIZED USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE[BB1]  OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF:  (A) THE AMOUNT AUTHORIZED USER HAS PAID TO WEFLECTION FOR ACCESS TO AND USE OF THE PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCES GIVING RISE TO THE CLAIM AND (B) US $100.

INDEMNITY

Indemnity.  Authorized User shall indemnify and save harmless, to the extent permitted by state statute, Weflection from and against any and all losses, damages, expenses or claims of any nature, whatsoever, Weflection may suffer or incur as a result of Authorized User’s Content and/or any breach by Authorized User of any provision of these Terms of Service.  This provision shall survive the termination of these Terms of Service for any reason.  Weflection reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Authorized User (without limiting Authorized User’s indemnification obligations with respect to that matter), and in that case, Authorized User agree to cooperate with our defense of those claims.  Weflection reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Authorized User (without limiting Authorized User’s indemnification obligations) and in that case Authorized User agrees to cooperate in the defense of those claims.

Infringement Indemnity[BB2] .  Weflection shall indemnify, defend or, at its option, settle any claim or suit against Authorized User arising from a claim that the Platform infringes any patent, trademark, copyright or trade secret, and Weflection shall pay any final judgment entered against Authorized User in any such proceeding; provided Weflection has sole control of such defense and/or settlement, and Authorized User promptly notifies Weflection and provides Weflection with reasonable assistance.  If any part of the Platform is, or becomes, the subject of any such proceeding (or is adjudicated to infringe), Weflection may, at its expense and option, do one of the following things:  (i) procure for Authorized User the right to use the Platform; (ii) replace the Platform with other suitable software or programs; (iii) modify the Platform to make it non-infringing; or (iv) if none of the foregoing are commercially reasonable, terminate these Terms of Service.  Notwithstanding anything else herein to the contrary, Weflection shall have no obligations under this section with respect to any claim to the extent it is based upon the combination, operation or use of the Platform with software or hardware other than as specified by Weflection, if such infringement would have been avoided in the absence of such combination, operation or use.  This infringement indemnity does not apply to any Third-Party Products.

GENERAL PROVISIONS

Entire Agreement.

The Terms of Service contained herein comprise the entire agreement and understanding between Weflection and Authorized User and neither is bound by any representation or inducements not specifically set forth herein.  These Terms of Service supersedes any prior representations, discussion, communications or presentations related to the Platform.  All other agreements existing by and between the parties on or before the Effective Date [BB3] are hereby deleted in their entirety.  All Users recognize and agree that these Terms of Service apply to the Platform and not to other Weflection products and services.

Severability, Modification and Waiver.

If any portion of these Terms of Service is held to be void, invalid or otherwise unenforceable, in whole or part, the remaining portions of these Terms of Service shall remain in effect.  These Terms of Service may be modified or amended by Weflection at any time and shall be effective upon the earliest of Authorized User’s receipt of notice or publishing of the updated Terms of Service.  Disputes arising under these Terms of Service will be resolved in accordance with the version of these Terms of Service that were in effect at the time the dispute arose.  A party’s failure to exercise any rights herein shall not constitute or be deemed a waiver or forfeiture of such rights.  If a party wishes to waive its rights hereunder, it must provide written notification of its rights to the other party.

Assignment.

Except in the event of Weflection’s merger or sale of substantially all its assets or voting securities (or other similar transactions), neither these Terms of Service nor any of the rights or duties hereunder may be assigned or otherwise transferred by either party without the other party’s prior written consent.  Authorized User may not assign or transfer these Terms or Authorized User’s rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent.  Any act that is inconsistent with the terms of this section shall be null and void.

Notice.

All notices required hereunder will be in writing and will be deemed to have been given when delivered by overnight courier or by electronic transmission with confirmed receipt of delivery, and/or three (3) days after mailing by certified or Registered mail, postage prepaid, return receipt requested.  All such communications to the Authorized User should be addressed to the address of the respective party set forth in the registration and if to Weflection to legal@weflection.app.

Force Majeure.

Neither party shall be liable for failure to fulfill its obligations under these Terms of Service (other than a failure to pay money) if that failure is caused, directly or indirectly, by reasons beyond its reasonable control, including flood, fire, civil disorder, government actions, war, terrorism, pandemic, embargoes, labor disputes/strikes or other natural calamity or act of God.

Governing Law.

These Terms of Service shall be governed by and construed in accordance with the laws of the state of Georgia[BB4] , without reference to its choice of law rules.

No Legal Relationship.

These Terms of Service and your use of the Platform, including the submission of Content, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto.

No Third-Party Beneficiaries.

Nothing in this Agreement, express or implied, is intended to or shall confer upon any third-party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

Arbitration.

The Authorized User agrees to submit any and all disputes arising out of or related to the use of the Platform to binding arbitration.  To the maximum extent permitted by applicable law, the Authorized User and Weflection agree that any disputes arising out of or related to the use of the Platform will be resolved by binding arbitration pursuant to the Federal Arbitration Act.  BY ACCEPTING THESE TERMS, USERS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.  EACH AUTHORIZED USER AGREES TO GIVE UP AUTHORIZED USER’S RIGHT TO GO TO COURT TO ASSERT OR DEFEND RIGHTS UNDER THIS AGREEMENT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).  ALL RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

AUTHORIZED USER AND WEFLECTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AUTHORIZED USER’S OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  FURTHER, UNLESS BOTH AUTHORIZED USER AND WEFLECTION AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.