These Terms of Use ("Terms") are a legal contract between You and
BringChange PBC or BringChange Labs India Pvt. Ltd. (TrustCircle) ("Us", "Our" or "We" or "Company"; collectively, "Everyone") and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as "Materials") that We and Our affiliates may make available to You, as well as any services, including cloud based web filtering and online activity monitoring ("Services") We may provide through any of Our websites (all of which are referred to in these Terms as this "Website").
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
GENERAL USE
By using this Website, You represent, acknowledge and agree that You are at least 18 years of age, or if You are under 18 years of age (a "Minor"), that You are using the Website with the consent of Your parent or legal guardian and that You have received Your parent's or legal guardian's permission to use the Website and agree to its Terms. If You are a parent or legal guardian of a Minor, You hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Us if the Minor breaches any of these Terms. We invite You to use this Website for individual, consumer purposes ("Permitted Purposes").
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the Services; Your right to use the Materials and the Services is conditioned on Your compliance with these Terms. You have no other rights in this Website, the Services or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website, the Services or the Materials in any manner. If You make copies of any of this Website while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website.
If You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).
PASSWORD RESTRICTED AREAS OF THIS WEBSITE
For organizations, institutions, schools, school districts or other entities who have entered into a separate service agreement with Us. We offer secured access to the Social Emotional Learning platform to only those users who are authorized to have access and have been approved by the organization, institutions, schools, school districts or other entities who partner with Us. In order to access certain password-restricted areas of this Website and to use certain Services and Materials offered on and through this Website, You must have an Account with Us. If You sign up for an account, You represent and warrant that You are the authorized user for so long as You use the Account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your Account and making relevant changes directly or contacting Us.
You are responsible for complying with these Terms when You access this Website, whether directly or through any account that You may set up through or on this Website. Because it is Your Account, it is Your job to obtain and maintain all equipment and services needed for access to and use of This Website as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access this Website. Should You believe Your password or security for This Website has been breached in any way, You must immediately notify Us.
ELECTRONIC COMMUNICATIONS
By using the Website and/or the Services provided on or through the Website, You consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services. These electronic communications are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.
RESPONSIBILITIES, WARRANTIES AND RESTRICTIONS
(a) You agree that You shall not: (i) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services, or in any way attempt to reconstruct or discover any source code or underlying ideas or algorithms of any part of the Services; (ii) access or use the Services in order to build a similar or competitive product or service or for the purposes of bringing an intellectual property infringement claim against company; (iii) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any of the Services; and (iv) attempt to gain unauthorized access to the Services and to make commercially reasonable efforts to prevent unauthorized third parties from accessing the Services.
(b) You shall not (i) access or attempt to access the administrative interface of the Services by any means other than through the interface that is provided by company in connection with the Services, unless otherwise agreed in writing or (ii) intentionally engage in any activity that interferes with or disrupts the Services (or any servers or networks that are connected to the Services). You may not access the Services in a manner intended to avoid incurring fees.
(c) You represent, covenants, and warrants that You will use the Services only in compliance with these Terms and all applicable laws and regulations. Although company has no obligation to monitor Your use of the Services, Company may do so and may prohibit any use of the Services it reasonably believes may be (or is alleged to be) in violation of these Terms or applicable laws and regulations.
OWNERSHIP OF USER DATA
The Services may allow You to track and gather a range of data and information regarding Your wellbeing and insights ("User Data"). All data or Personally Identifiable Information (PII) of your individuals, students, children, and staff we collect for the purposes of developing products or services for you is within the scope of your agreement and will be owned by your organization, school, school district and will have the final authority over the same.
At any given time when You need the dataset the company will share the copy of the dataset with You per your need and request in any format that You need the data in.
DATA HOSTING & SECURITY
Data will be hosted as per the highest security standards possible and as per the required national and /or international data policy requirements. For example all of the United States users data is regionally stored in the servers located in the United States and the India users data is stored in the servers located in India. TrustCircle values data security with utmost priority. The user's data will be stored and hosted with the highest security standards.
COPPA & DATA PRIVACY
The parties agree that the company is a service provider to You, and that company's collection and use of the User Data of children under the age of 18 ("Minors' User Data") is conducted on behalf of and with the authorization of You. You have received and reviewed company's COPPA & Data Privacy Policy and expressly consents to the collection, use and disclosure of Minors' User Data in order to perform the Services requested by company. For the purposes of the Children's Online Privacy Protection Act, You acknowledge that You are authorized to consent to company's collection, use and disclosure of Minor User Data related to minors under 13 years old, and by agreeing to these Terms, You grant Your consent to company's collection, use and disclosure of Minor User Data in accordance with the COPPA & Data Privacy Policy, which may be updated from time to time, provided You will be notified of any material changes.
PSEA POLICY
Protection from Sexual Exploitation and Abuse ( PSEA)Policy objective: To promulgate a policy of zero tolerance for sexual exploitation and abuse (SEA) for all company Board of Directors, Officers, Employees and related personnel and ensure that roles, responsibilities and expected standards of conduct in relation to SEA are known within the Company. To create and maintain a safe environment, free from Sexual Exploitation and Abuse (SEA), by taking appropriate measures for this purpose, internally and in the communities where the company operates, through robust prevention and response work.
UNAUTHORIZED ACTIVITIES
To be clear, We authorize Your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between You and Us, all rights in this Website remain Our property.
Unauthorized use of this Website may result in violation of various United States and international copyright laws. Unless You have written permission from Us stating otherwise, You are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
- For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
- To interfere with or disrupt this Website or servers or networks connected to this Website;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
- Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
You shall defend company against any cause of action, suit or proceeding (each a "Claim") made or brought against company by a third party arising out of or attributable to (i) Your use of the Service or (ii) Your violation of these Terms, and shall indemnify company for any damages finally awarded against, and for reasonable attorney's fees incurred by, company in connection with the Claim, on condition that company (a) promptly gives You written notice of the Claim; (b) gives You sole control of the defense and settlement of the Claim (provided that You may not settle any Claim unless the settlement unconditionally release company of all liability); and (c) provides reasonable assistance in connection with the defense (at Your reasonable expense).
PROPRIETARY RIGHTS
"TrustCircle" is a trademark that belongs to Us. Other trademarks, names and logos on this Website are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are Our sole property. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
DISCLAIMER OF WARRANTIES
COMPANY DOES NOT GUARANTEE THAT (A) THE SERVICES AND THE WEBSITE WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT COMPANY WILL CORRECT ALL ERRORS, THE SERVICES AND THE WEBSITE WILL OPERATE IN COMBINATION WITH YOU'S CONTENT OR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY COMPANY, AND (C) THE SERVICES AND THE WEBSITE WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS, OR EXPECTATIONS. YOU ACKNOWLEDGES THAT COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES AND THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. COMPANY IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES AND THE WEBSITE THAT ARISE FROM YOUR CONTENT OR APPLICATIONS, OR THIRD PARTY CONTENT OR SERVICES, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT OR SERVICES.
TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT UNDER THE UCC.
LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED THESE TERMS SHALL NOT BE MORE THAN $100.00.
LOCAL LAWS; EXPORT CONTROL
We control and operate this Website from Our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations. If You use this Website outside the United States of America, You are solely responsible for following applicable local laws.
FEEDBACK AND ANALYSES
Any submissions by You to Us (e.g., comments, questions, suggestions, materials, feature requests – collectively, "Feedback") through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and utilize all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
We may provide You with certain insights / reports and analyses as part of the Services ("Reports/Insights"). We shall retain all title to and ownership of and all proprietary rights with respect to such Reports. We hereby grant You a non-exclusive, non sublicensable, and non-transferable license, for the term of the Services, to use Reports strictly for Your legitimate, non-commercial, purposes.
LANGUAGE
The Parties hereto have expressly required that this agreement and all documents and notices relating thereto be drafted in the English language.
GENERAL
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We may provide You with recommended necessary corrective action(s).
However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Website without prior notice to You. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, We are not waiving Our rights.
These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
CHANGES
We may also change, update, add or remove provisions (collectively, "modifications") of these Terms from time to time. We will inform You of any modifications to these Terms by posting them on this Website.
If You object to any such modifications, Your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
CONTACT US
If you have any questions, comments, concerns or suggestions about the privacy aspects of our Services or would like to make a complaint, please contact
info@trustcircle.co or write to us at the below mentioned address:
BringChange PBC (TrustCircle)
11040 Bollinger Canyon Road, Suite E-187
San Ramon, California 94582
United States
