Terms of Service - SmartXR

Terms of Service

Terms of Service

SmartXR Terms of Service

The following are the terms of service (“Terms of Service”) that define the relationship between SmartXR, Inc. (doing business as SmartXR (“Company,” “SmartXR,” “we,” or “us”)) and you, and govern your use of SmartXR’s services.

The SmartXR Terms

Thank you for your interest in SmartXR, which owns and operates the services offered on smartxr.in
(“SmartXR website”), including the SmartXR Classroom platform (“SmartXR classroom Platform”), and any associated mobile applications (“SmartXR Kids App”) or products and services that Company may provide now or in the future (collectively, the “Service”).
These Terms of Service contain general terms that apply to you as a user of the SmartXR Service (“User”), along with additional terms that may apply to you as a User registered as a teacher, coordinator, principal, or other similar personnel (“School Personnel”), or a parent.
When using the Service, you will also be subject to the SmartXR Privacy Policy and any posted guidelines, policies or rules applicable to specific features of the Service, which may be posted from time to time (collectively the “Guidelines”). These Terms of Service, Terms, including any other Guidelines and future modifications (collectively, the “Agreement”), govern your use of the Service and is a legal contract between you and SmartXR. If there is any inconsistency between the Terms of Service, Terms, and any of the Guidelines, the additional Guidelines will prevail to the extent of the inconsistency.

Agreeing to our Terms

By registering for an account on, or otherwise accessing or using the SmartXR Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are using the Service on behalf of an institution that has a separate written agreement with SmartXR, that agreement governs your use of the Service.
If you are under the age of 18, you represent that your legal guardian has reviewed and agreed to the Agreement. If you don’t get your parent or guardian to read and agree to the Agreement, you don’t have permission to use the Service.
If you are entering into this Agreement on behalf of a company or other legal entity (including if you are School Personnel entering on behalf of your school), you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” or “User” shall refer to such entity.
If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.

Registration and Security

As a condition to using Service, you may be required to register with Company and select a password (for SmartXR classroom) and Email id or provide additional contact information. Alternatively, (1) an Institution or School Personnel or (2) a parent, may create accounts and logins that may be used for their children. When you register or create a parent log-in, you must provide Company with accurate, complete, and updated Company User ID and information. You may not select or use as a Company User ID, a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than your child without permission. SmartXR reserves the right to refuse registration or to cancel an impersonated Id at its discretion.
You shall be responsible for maintaining the confidentiality of your login credentials, (“Account Credentials”) and will not share with anyone or let anyone else access your Account Credentials or account. You may not transfer your Account Credentials or account to anyone without express prior written consent of Company. Company will not be liable for any direct or indirect loss that you may incur as a result of someone else using your Account Credentials, either with or without your knowledge or for a failure to comply with this Section. However, you may be held liable for losses incurred by SmartXR or another party due to someone else using your Account Credentials.
You expressly agree to immediately notify SmartXR of any unauthorized use of your account or any other breach of security of your Account Credentials. You represent, warrant and covenant that (1) all Account Credential information you submit is truthful and accurate, and (2) if you are setting up a Login that you have obtained any and all necessary rights, permissions, or consents to access, setup, monitor, use or disclose any data from such accounts of other Users..

Using the Service

Permission to use SmartXR
As long as you are complying with all of the terms and conditions of this Agreement, Company gives you permission to access and use the Service solely to enable your use of the Service. The Service is available for and should only be used for educational purposes or lawful purposes that help teachers provide better bring school communities together (parents-teachers, teachers) or help parents stay updated about school activities and for children to engage in learning at home.
Access to and use of the Service is paid. Please also be aware that your carrier’s normal rates and fees are different from the charges of the service, such as text messaging and data fees.
The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.
Changes to the Service
We are constantly changing and improving our Services. We may add or remove functionalities or features,and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we’ll be sorry to see you go. We may also add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability.
We believe that you (or your school as applicable) own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Restrictions

Except as expressly permitted under this Agreement, you agree that your permission to use the Service is conditioned upon you following all the restrictions set forth in the “SmartXR Technology” and “Acceptable use and conduct” sections.

SmartXR Technology

The Service and the SmartXR Technology are intended solely for the personal, commercial use of our Usersand may only be used in accordance with this Agreement. “SmartXR Technology” means all past, present and future content of the Service, including, all the software and technology used to provide the Service, user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property. “SmartXR Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of SmartXR.
SmartXR Technology is protected by copyright and other intellectual property laws. Using our Service does not give you ownership of any intellectual property rights in our Service or the SmartXR Technology. You agree that, as between you and SmartXR, all the intellectual property rights in the SmartXR Service and SmartXR Technology, which does not include User Content (as defined below), are owned by SmartXR or its licensors. These terms do not grant you the right to use any SmartXR Marks.
You will not, nor will you allow any third party (whether or not for your benefit) to:
Run, license, rent, lease, loan, distribute, or sell access to the SmartXR Service or the SmartXR Technology.
Build or support (and/or assist a third-party in building or supporting) products or services in competition with SmartXR, or access the SmartXR Service to build a product using similar ideas, features, functions, interface or graphics of the SmartXR Service.
Use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the SmartXR Technology for any purposes other than as expressly permitted under this Agreement.
Decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code of any SmartXR Technology.
Circumvent, disable or otherwise interfere with security related features or features that prevent or restrict use or copying of any User Content or SmartXR Technology or enforce limitations on use of the SmartXR Service or the User Content and SmartXR Technology.
Remove, obscure, or alter any copyright, logo, trademark, or other legal notices displayed in or along with our Services or any SmartXR Features or other custom products or merchandise, or otherwise use any of the SmartXR Technology in a manner that creates the impression that the SmartXR Technology belongs to you.

Your Information and Content

User Content and Activities
In the course of using the Service, you and other Users may provide or post certain content or information (including, but not limited to, photos, videos, PDFs, PPTs, documents, Google Drive Files, messages sent by teachers to parents, which may be used by SmartXR in connection with the Service and which may be visible to certain other Users (collectively “User Content”). Additionally, some User Content may be deemed an Education Record (as defined below).
School Personnel may contribute educational content, create questions for question banks, create answers to worksheets, create worksheets for students to complete, create lesson plans (including videos from YouTube, images, questions, 3D models, and Google Drive data) create derivative works and transmit this data and content to SmartXR classroom.
School Personnel and Users may submit feedback, comments or suggestions for improvements to the Services (in written form) (“Feedback”).
Ownership
Consistent with applicable law, as between SmartXR and you, you (or your school as applicable) retain all ownership rights you have in any User Content. SmartXR does not claim any ownership rights in the User Content except for question banks as they do not fall under any copyright laws. Please note that, while you retain ownership of your User Content, any template or layout in which you arrange or organize such User Content through tools and features made available through any of our Service are not proprietary to you — rights to such templates or layouts will remain with us or our service providers.

Privacy and Security

Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Service.