App end-user licence agreement.
This end-user licence agreement (Terms) is a legal agreement between you (End-user or you) and 6 BIT EDUCATION LTD, a company registered under number 12337063 and whose registered office is at Unit 48 Birmingham Research Park, Vincent Drive, Birmingham, United Kingdom, B15 2SQ (Licensor, us or we) for 6 BIT REPLAY MARKING PLATFORM (Platform).
We licence use of the Platform to you on the basis of these Platform Terms and subject to any rules or policies applied by (i) any app store (e.g. iTunes or Google Play) (Appstore) where the End-user downloaded the Platform (Appstore Rules) or by (ii) 6 BIT’s website, if the Platform is used through 6 BIT’s website or by any other authorised website (‘Website Terms’). We do not sell the Platform to you. We remain the owners or licensors of the Platform at all times.
This Platform requires a modern smartphone, functional laptop, tablet or computer, updated to an appropriate recent operating system.
- If you do not agree to the terms of this licence, we will not license the Platform to you so you must uninstall the Platform or not download it.
- The Platform is designed for use for your own guided learning through your school, college, University, or other learning body (Your Institution).
The Platform is a feedback platform designed to be used in the education sector, by educators and students. The Platform learns how educators are marking and giving grades to their students and is enabling them to give feedback to their students through the Platform so that the educators will not have to give the same feedback again for the same question. The Platform will remember both the question and the answer and will automatically give feedback to the students.
The Platform is intended to be used to collect information such as (i) questions from the educators to their students and any type of assessment, (ii) answers from the educators to their students, and other information from your device.
The Platform does not work on a standalone basis and is to be used under a chargeable service and only using user credentials under a valid and current subscription to 6 BIT ( BIT Cloud Service). Users don’t pay directly to use the Platform, but Your Institution pays us for your subscription which will enable you to have access to the Platform through a unique user and a password. The educators will then be able to assess their students through the Platform, give them feedback and mark their answers.
We may as well show you ads of different products and services from different businesses and organisations, including Your Institution.
The Platform is used to provide data that forms part of the 6 BIT Cloud Service. We cannot guarantee that this data will be accurate, up to date and complete at all times. A number of factors can impact on this such as whether the Device is switched on, network connectivity, data connectivity, network issues, bandwidth, and various other factors. Whilst we are working to provide the best possible service, you should be aware of the potential limitations of this technology.
You may retain or print a copy of these Platform Terms for future reference.
1.1 These Terms apply to the Platform or any of the services accessible through the Platform (Services), including any updates or supplements to the Platform or any Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Platform or any Services, the terms of an open-source licence may override some of the terms of these Platform Terms.
1.2 We may change these terms at any time by email notification or when you download a new version or upgrade of the Platform. The new terms may be displayed onscreen and you will be deemed to accept them if you continue to use the Platform or the Services.
1.3 From time to time updates to the Platform may be issued through the Appstore or otherwise. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the Platform and accepted any new terms.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone, laptop, computers or handheld devices that are controlled, but not owned, by you (Devices) and to download a copy of the Platform onto the Devices and for the Device to be used to collect, send and receive data as required for the Services. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of these Terms for the use of the Platform or any Services on or in relation to any Device, whether or not it is owned by you.
1.6 Services may make use of location and other data sent from the Devices. You can turn off the location functionality at any time by turning off the location services settings for the Platform on the Device, but the Services will not work fully or at all.
1.7 We do not sell your personal data to advertisers, and we do not share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission.
1.8 You acknowledge that any question, feedback, sketches, drawings, work of any type (‘Content’) that you submit through the Platform are owned by you or Your Institution and by submitting any Content you agree with us using, sub-licensing, reproducing, displaying, performing, modifying, creating derivative works of, distributing, sharing with our collaborators and otherwise use the Content, under a worldwide, irrevocable and perpetual royalty-free licence. You acknowledge that this licence cannot terminate by you or by Your Institution once the Content has been submitted to the Platform or Services.
1.9 You acknowledge that the rights to use the Services arise from the agreement of 6 BIT with Your Institution and that these rights will terminate when the rights of Your Institution terminate.
1.10 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. BY USING THE PLATFORM OR ANY OF THE SERVICES, YOU CONSENT TO:
2.1 provide accurate, updated and complete information about you or Your Institution as requested by 6 BIT;
2.2 us collecting the Content that you create and share it within a centralised data which can be accessed by us, our collaborators and any other third parties to whom we may give access to, for the purposes of using the Platform and the Services;
2.3 maintain the confidentiality of the account, the password and any other actions used through the account and not to share them with third parties;
2.4 us using technical information about the Devices and related software and hardware for Services that are internet-based or wireless to improve our products and to provide any Services to you.
3. GRANT AND SCOPE OF LICENCE
3.2 You may download copies of the Platform onto your Devices for your own personal use of the Services during the course of your learning with Your Institution.
4. LICENCE RESTRICTIONS
In general, we encourage you to download copies of the Platform on Devices for the purpose of accessing the Services, but we do not permit you to use the Platform or the software in the Platform to access or provide a service that is similar to the Services. Except as expressly set out in these Platform Terms or as permitted by any local law, you agree:
(a) not to copy the Platform except where such copying is incidental to normal use of the Platform to use the Services, or where it is necessary for the purpose of back-up or operational security;
(b) not to translate, merge, adapt, vary or modify the Platform;
(c) not to make alterations to, or modifications of, the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs or to use it for services not provided by Us;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Platform with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Platform with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the Platform;
(e) not to provide or otherwise make available the Platform in whole or in part (including object and source code), in any form to any person other than through the Appstore; and
(f) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platform or any Services (Technology),together Licence Restrictions.
5. ACCEPTABLE USE RESTRICTIONS
5.1. You must:
(a) only use the Platform or any Services for collection of data that has a valid and current subscription to the 6 BIT Cloud Service;
(b) not use the Platform or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Platform Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code (‘Viruses’), including viruses, or harmful data, into the Platform, any Service or any operating system;
(c) not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any Services, including the intellectual property rights over the Content you submit through the Platform or Services (to the extent that such use is not licensed by these Platform Terms);
(d) not transmit any Content that:
(i) contains Viruses;
(ii) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or otherwise objectionable;
(iii) is in breach of third party intellectual property rights;
(iv) facilitates illegal activity;
(v) depicts sexually explicit images;
(vi) promotes unlawful violence;
(vii) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
(vii) in a manner that is otherwise illegal or causes damage or injury to any person or property; or
(viii) may be in breach of the applicable terms of our third party hosting service provider’s terms;
(e) not use the Platform or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(f) not create an app, platform or software that seeks to communicate with the Services including using the protocol used by the Platform; and
(g) not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
5.2. 6 BIT reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer's access to any material that breaches the provisions of clause 5.1. 6 BIT may remove (or require the removal of) Content from the Replay Marking Platform where it reasonably suspects it may be inappropriate Content or as required by law and/or suspend access to any user who breaches clause 5.1.
5.3. If you are aware of any breach of Clause 5.1 or have any concerns of this nature, please contact us at firstname.lastname@example.org
6. INTELLECTUAL PROPERTY RIGHTS
6.1 You acknowledge that all intellectual property rights in the Platform and the Technology anywhere in the world belong to us or our licensors, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform or the Technology other than the right to use each of them in accordance with the terms of these Platform Terms.
6.2 You acknowledge that you have no right to have access to the Platform in source-code form.
7. LIMITATION OF LIABILITY
7.1 We only supply the Platform for commercial use. You agree not to use the Platform for resale purposes or for you to supply a service to third parties.
7.2 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
7.3 To the extent permitted by law, We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.4 You recognise that we may not charge you for the Platform and due to the nature of the Platform (to the extent permitted by law) that we will not be liable to you under or in connection with this Platform (including your use of any Services) whether in contract, tort (including negligence) or otherwise. This does not apply to the types of loss set out in clause 7.2 or our liability to a customer under the applicable Product Licence Agreement.
8.1 We may terminate or suspend these Platform Terms immediately by written notice to you:
(a) if you commit a material breach of these Platform Terms;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; or
(c) Your Institution’s subscription for use of the 6 BIT Cloud Service terminates or ends.
8.2 On termination for any reason:
(a) all rights granted to you under these Platform Terms shall cease;
(b) you must immediately cease all activities authorised by these Platform Terms, including your use of any Services;
(c) you must immediately delete or remove the Platform from all Devices, and immediately destroy all copies of the Platform then in your possession, custody or control and certify to us that you have done so;(d) you are on notice that we may notify your company that these Terms have been terminated by us this may permit us (under the terms of our agreement with your company) to terminate that agreement.
9. COMMUNICATION BETWEEN US
9.1 If you wish to contact us then send an e-mail to email@example.com.
9.2 If we have to contact you or give you notice in writing, we may do so by e-mail or through the Services.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Platform Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Platform Terms:
(a) our obligations under these Platform Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under these Platform Terms may be performed despite the Event Outside Our Control.
11. OTHER IMPORTANT TERMS
11.1 We may transfer our rights and obligations under these Platform Terms to another organisation, but this will not affect your rights or our obligations under these Platform Terms.
11.2 You may not transfer your rights or obligations under these Platform Terms to another person.
11.3 If we fail to insist that you perform any of your obligations under these Platform Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.4 Each of the clauses of these Platform Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
11.5 Please note that these Platform Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.