Effective date: March 2, 2023
Welcome to School Tower. Please take the time to read and understand the following terms and conditions that govern your use of our website, products, services, and applications (collectively referred to as the “Services”). If you have any questions, concerns, or comments about these terms or the Services, please contact us at [contact information].These Terms of Use (“Terms”) constitute a legally binding agreement between you and School Tower (“we,” “us,” or “our”). By using or accessing the Services in any way, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use or access the Services.
We may need to update these Terms from time to time to reflect improvements and changes in our Services. If any changes are made, we will make an effort to notify you by posting a notice on our website, sending an email, or using other reasonable means. However, it is your responsibility to review and be aware of the most current version of the Terms.If you continue to use the Services after the changes in the Terms become effective, it indicates your acceptance of the updated Terms. If you do not agree with the new Terms, you should discontinue using the Services.
Any amendments or modifications to these Terms must be in writing and signed by both you and us, except for the changes made by us as described here.Privacy and Data Protection:We take the privacy of our users seriously. For detailed information about how we collect, use, and protect your personal information, please refer to our Privacy Policy [link to your privacy policy]. By using our Services, you consent to the collection, use, and processing of your information as described in the Privacy Policy.Children’s Online Privacy Protection Act (COPPA):We comply with the Children’s Online Privacy Protection Act (COPPA) and do not knowingly collect or solicit personally identifiable information from children under the age of 13. If you believe that a child under 13 has provided us with personal information without parental consent, please contact us immediately.Account Registration:To access certain features of the Services, you may need to sign up for an account and create a unique username and password (“School Tower User ID”). You must provide accurate and complete information during the registration process. You may not select a username that infringes on the rights of others or impersonates someone else. Transferring your account to another person without our prior written permission is prohibited.By registering an account, you represent and warrant that you are of legal age to enter into a binding contract. If you are registering on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms.
Acceptable Use and Restrictions:When using the Services, you agree to abide by the following rules and restrictions:•You will not infringe or violate the intellectual property rights or any other rights of any person, including School Tower.•You will comply with all applicable laws and regulations, including export control laws.•You will not engage in harmful, fraudulent, deceptive, threatening, harassing, defamatory, or obscene activities.•You will not jeopardize the security of your School Tower account or anyone else’s account.•You will not attempt to obtain passwords or security information from other users.•You will not violate the security of any computer network or interfere with the proper functioning of the Services.•You will not engage in activities such as spamming, running mail lists, listservers, or any other processes that disrupt the Services’ infrastructure.•You will not crawl, scrape, or spider any page, data, or portion of the Services or Content (whether manually or through automated means) without proper authorization.•You will not copy or store a significant portion of the Content available through the Services.•You will not decompile, reverse engineer, or attempt to obtain the source code or underlying ideas or information related to the Services. Violation of any of these restrictions may result in the termination of your access to the Services.Ownership and Intellectual Property:The Content displayed, performed, or made available through the Services, including text, graphics, articles, photos, illustrations, User Submissions, and other materials, are protected by copyright and other intellectual property laws. You agree to comply with all copyright notices, trademark rules, and restrictions applicable to the Content accessed through the Services.You acknowledge that School Tower owns the Services, and you may not modify, publish, transmit, sell, reproduce, create derivative works, or exploit any part of the Services without our prior written consent.License Grant:By posting, uploading, sharing, or providing any content through the Services (“User Submission”), you retain ownership of your User Submissions. However, you grant School Tower a license to use, reproduce, modify, and perform the User Submissions for the purpose of operating and providing the Services.The specific license granted depends on the type of User Submission:Personal User Submissions: If you store a User Submission in your personal School Tower account, visible only to you, you grant School Tower a license to display, perform, and distribute that User Submission solely for providing you with access to the Services.Limited Audience User Submissions: If you share a User Submission with specific users, visible only to them, you grant School Tower a license to display, perform, and distribute that User Submission to those specified users, solely for the purpose of providing them with access to the Services. You also grant those users a license to access and use the Limited Audience User Submission within the functionality of the Services.Public User Submissions: If you share a User Submission publicly or in a manner accessible to all School Tower users, you grant School Tower a license to display, perform, and distribute that User Submission to all users of the Services, for the purpose of making it accessible and providing the Services. Other users are also granted a license to access and use the Public User Submission within the functionality of the Services.These licenses are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. Upon deleting your School Tower account, we will no longer display your User Submissions (except for Public User Submissions), but please note that some copies or records may remain in our system.Additionally, School Tower may need to make technical changes to your User Submissions to adapt them to the requirements of the Services, and the licenses granted include the rights to make such changes.Conclusion:By using the School Tower website, products, services, and applications, you agree to comply with these Terms of Use. Please read our Privacy Policy for information on how we handle your personal information. If you have any questions or concerns about these Terms or the Services, please contact us at info@ekidplus.com.Who is responsible for what I see and do on the Services?Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.The Services may contain links or connections to third party websites or services that are not owned or controlled by School Tower. When you access third party websites or use third party services, you accept that there are risks in doing so, and that School Tower is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.School Tower has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, School Tower will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that School Tower shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.If there is a dispute between participants on this site, or between users and any third party, you agree that School Tower is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release School Tower, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”Will School Tower ever change the Services?We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.Does School Tower cost anything?If you choose to enroll in any premium services that School Tower may offer (the “Premium Services”), you will be charged a subscription fee (the “Subscription Fee”) in advance, to the method of payment you provide upon enrollment in the Premium Services. Subscription Fees are non-refundable. Your enrollment in the Premium Services will be automatically renewed on a monthly or annual basis, depending on whether you elect monthly or annual billing during enrollment. If you wish to cancel auto-renewal of the Premium Services for the following billing period, you must notify School Tower within thirty (30) days prior to the auto renewal date. School Tower may change the Subscription Fee upon notice to you, but such change will only take effect once your then-current Premium Services term has ended. If you do not wish to pay the new Subscription Fee, your only remedy shall be to cancel your enrollment in the Premium Services for the following billing period, prior to the expiration of your then-current Premium Services term. You may cancel your Premium Services subscription at any time, but again, no refunds will be granted for Subscription Fees paid.If you are participating in the Tuition Program (the “Tuition Program”), then you are also subject to our Tuition Program Payment Terms set forth below and we (or a third-party service provider) may accept and process payments on your behalf, for which we may charge a fee.Many of the School Tower Services are currently free. In addition, we reserve the right to charge for certain or all Services in the future, including new Services that we add. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.What if I want to stop using School Tower?You’re free to do that at any time, by contacting us at info@mySchool Tower.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. If you have signed up for an annual contract with us, any fees already paid are non-refundable and, if you are on a monthly payment plan, you will continue to be responsible for making your monthly payments for the remainder of your then-current annual contract.School Tower is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. School Tower has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of School Tower.If you have deleted your account by mistake, contact us immediately at info@mySchool Tower.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.I use the School Tower App available via the Apple App Store – should I know anything about that?These Terms apply to your use of all the Services, including the iPhone, iPod Touch, and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:(a) Both you and School Tower acknowledge that the Terms are concluded between you and School Tower only, and not with Apple, and that Apple is not responsible for the Application or the Content;(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;(c) You will only use the Application in connection with an Apple device that you own or control;(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;(f) You acknowledge and agree that School Tower, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;(g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, School Tower, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;(i) Both you and School Tower acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and(j) Both you and School Tower acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.What else do I need to know?Warranty Disclaimer. Neither School Tower nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY School Tower (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO 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 School Tower (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO School Tower IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) -MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.Indemnity. You agree to indemnify and hold School Tower, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without School Tower’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND School Tower ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that School Tower may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and School Tower agree that these Terms are the complete and exclusive statement of the mutual understanding between you and School Tower, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of School Tower, and you do not have any authority of any kind to bind School Tower in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and School Tower agree there are no third-party beneficiaries intended under these Terms. ” rewrite it different way for my School Tower website. remove “School Tower” parts and use “School Tower”.The responsibility for what you see and do on the Services lies with you as the user. Any information or content that is publicly posted or privately transmitted through the Services is the sole responsibility of the person who originated it. When you access and use the Services, you do so at your own risk, and the company behind School Tower, as stated in the Terms, is not liable for any errors, omissions, damages, or losses that you might incur.The company behind School Tower does not control how you interpret or use the content available on the Services, nor does it have a duty to take action regarding your interpretation or actions based on the content. They are also not responsible for the identity of other users you interact with on the Services.You are responsible for any content you contribute to the Services, and you must ensure that you have the necessary rights to do so. It is your responsibility to keep your registration information accurate and up to date, and you are accountable for all your activity on the Services.The Services may contain links or connections to third-party websites or services that are not owned or controlled by School Tower. When you access these third-party websites or use their services, you assume the associated risks, and School Tower is not responsible for any issues or damages that may arise from your interaction with these third parties. You should review the terms and conditions and privacy policies of these third-party websites or services.School Tower has no control over the content, accuracy, privacy policies, or practices of third-party websites or the opinions expressed by third parties you may interact with through the Services. They do not monitor, verify, censor, or edit the content of third-party sites or services. Any interactions, transactions, or dealings you have with organizations or individuals found on or through the Services are solely between you and them, and School Tower is not liable for any resulting loss or damage.In the event of a dispute between users or between users and third parties, School Tower is under no obligation to become involved. By using the Services, you release School Tower and its officers, employees, agents, and successors from any claims, demands, and damages arising from such disputes.School Tower may make changes to the Services over time. They may suspend or discontinue certain parts of the Services, introduce new features, impose limits on certain features, or restrict access to the Services. While they will try to provide notice of material changes that would adversely affect you, this may not always be practical. School Tower also reserves the right to remove any content from the Services at any time, for any reason, in their sole discretion, and without notice.The cost of using School Tower depends on the specific services you choose. Currently, many of the School Tower Services are free. However, School Tower may charge for certain or all Services in the future, and they will notify you before any fee-based Services are implemented. If you enroll in any premium services offered by School Tower , you will be charged a subscription fee, which is non-refundable. The subscription fee may be subject to change, but such changes will only take effect after your current Premium Services term has ended.If you wish to stop using School Tower, you can do so at any time by contacting them. However, keep in mind that certain fees, such as annual contract fees, may be non-refundable. School Tower also has the right to terminate or suspend your use of the Services or your account for any reason, at their discretion. Account termination may result in the deletion of associated content, although School Tower may provide advance notice to allow you to retrieve important user submissions if feasible.The Terms and Conditions contain additional provisions regarding the use of the School Tower app available via the Apple App Store. These provisions establish that the agreement is between you and School Tower, not Apple, regarding These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and sole agreement between you and School Tower with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services provided by you to School Tower are non-confidential and shall become the sole property of School Tower . School Tower shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.We appreciate your interest in reading the terms and conditions of School Tower’s Services. If you have any specific questions or concerns, feel free to ask.SMS Terms for School Tower Website:Our School Tower website utilizes SMS messaging to provide authentication, informational notifications, and reminders to users.You have the freedom to cancel the SMS service whenever you wish. Simply reply to the message you wish to unsubscribe from with the word “STOP.” Once you send the “STOP” message, we will promptly send you an SMS confirmation of your successful unsubscription from that particular use-case.If you encounter any issues with our messaging program, you can seek direct assistance by contacting support@ekidplus.com.Please note that carriers are not responsible for any delays or failures in delivering SMS messages.It’s important to be aware that standard message and data rates may apply for any messages sent from us to you or from you to us. The number of messages you receive per month will vary depending on the features of the application that you have enabled. If you have any inquiries about your text plan or data plan, we recommend contacting your wireless provider for further clarification.If you have any concerns or questions regarding privacy, we encourage you to review our privacy policy for detailed information.
