FLEX MONTESSORI TERMS AND CONDITIONS
END-USER SERVICES AND LICENSE AGREEMENT
Waterpark Flex is willing to license to you a proprietary software program in object code form (the "Software") only upon the condition that you accept all of the terms of this Agreement. In the event you do not agree with any of these terms or conditions, do not install the Software or access Waterpark Flex services (the "Services").
Please read carefully the terms and conditions of the Agreement below before installing any Software or accessing services. By installing, copying or otherwise using the Software or accessing the services, you agree to be bound by the terms and conditions of this Agreement. The Software contains some or all of the following: (a) "Server Software" that provides services on the server and (b) "Client Software" that allows a personal computer to access or utilize services provided by the Server Software.
Waterpark Flex owns the Software. Under the terms of this Agreement, you receive only a limited right to use the Software. Pursuant to this Agreement, Waterpark Flex grants to you the non-exclusive right to: (a) use the Client Software on any personal computer, as long as it is used in conjunction with the Waterpark Flex services ("Services"); (b) copy your content in the Software into any computer for back-up purposes in support of your use of the Software and Services, after successfully registering for said Services; Any other use is strictly prohibited. You may not use, copy, modify or transfer the Software or any copy, in whole or in part, except as expressly provided in this Agreement. You agree not to make any attempt to de-compile, disassemble or reverse engineer the Software or otherwise discover or derive the source code or underlying processes, ideas, structure, organization or algorithms of the Software.
The Usernames and Passwords used in your account for accessing the software are not transferable to any third party without the express written consent of Waterpark Flex Ltd. Your Usernames and Passwords are for use only by employees of your company and/or business.
Transfer of the ownership of your account and associated content is not permissible unless permission is granted in writing by Waterpark Flex Ltd.
All intellectual property rights in the Software, Service and user documentation are owned by Waterpark Flex and as applicable its suppliers and are protected by United States and EU copyright laws, other applicable laws and international treaty provisions. Waterpark Flex and its suppliers retain all rights not expressly granted pursuant to this agreement.
FREE TRIAL PERIOD TERMS AND CONDITIONS
The free trial shall last for a period of 30 days only. After the 30-day free trial, the regular price for the service will be charged.
All customers signing up for the free trial will be required to submit contact information for invoicing.
Customers not wishing to continue using Waterpark Flex (Flex Montessori) at the end of the trial period must cancel the service by email notification to firstname.lastname@example.org within 2 business days of the end date (this includes 2 days prior to or after the end date). If the trial is not canceled, an invoice will be issued.
All other Waterpark Flex terms and conditions apply.
By logging in to Flex Montessori, the customer accepts all terms and conditions.
The license is effective for the period of time for which you have prepaid Waterpark Flex Ltd, unless sooner rejected or terminated. You may reject or terminate the license at any time by destroying the Software together with all copies in any form and by canceling the associated Services. The license will terminate if you fail to pay the fee set forth by Waterpark Flex for the Services associated with the Software, within 30 days of the due date. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the programs together with all copies, in any form. All of your data will be deleted from Waterpark Flex servers 60 days after the termination of this agreement.
LIMITED WARRANTY AND REMEDIES
Waterpark Flex warrants that the Software and Services will perform substantially in accordance with the accompanying help file. Waterpark Flex undertakes to implement reasonable precautions to ensure that all data received to their servers are protected and available for retrieval by you as per the described service. This Limited Warranty is void if failure of the Software or Services has resulted from an accident, abuse, misapplication, or modification of the Software or Services. Except as expressly set forth above, Waterpark Flex shall have no liability for the software or any services provided, including any liability for negligence. Waterpark Flex makes and you receive no other warranties, either express or implied, are made with respect to the software or services, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, and Waterpark Flex expressly disclaims all warranties not stated herein. Waterpark Flex entire liability and your exclusive remedy shall be limited to the return of the fees paid by you for the software and services should the software or services not meet this limited warranty. In no event will Waterpark Flex be liable to you or any other person for any damages, including any incidental or consequential damages, expenses, lost profits, lost savings, or other damages arising out of use of or inability to use such software and services, even if Waterpark Flex has been advised of the possibility of such potential loss or damage.
No bailment or similar obligation is created between the Subscriber and Waterpark Flex with respect to the Subscriber's stored encrypted data.
The Subscriber is solely responsible for maintaining the confidentiality of Passwords, including restricting the use of the Password by anyone other than the Subscriber.
The Subscriber shall be responsible for all use of the Service accessed through the Subscriber's Password.
Waterpark Flex shall not have any responsibility or obligation to the Subscriber or any other Users of the Service to monitor supervise or oversee the contents of encrypted files stored on the Service.
DATA PROTECTION AND PROCESSING
Why do we process data?
We need to be able to collect data on our customers and users in order to facilitate their use of the Flex Montessori system. IP addresses are monitored for the safety of our software and network. Data will not be used for any purpose other than stated and will not be sold or given to third parties.
What data do we collect / process?
Subscribers and users with administrative privileges:
Name of school
The above data is stored on Flex Montessori and is accessible to Flex Montessori employees.
Users without administrative privileges (students):
Flex Montessori Subscribers may enter the personal data of employees and students on their school’s Flex Montessori account. This information may include but is not limited to:
Date of birth
Flex subscribers may also create their own personal data fields in order to collect the data they require. Flex subscribers use the Software to keep educational activity records for pupils in their schools. These are not official records and Flex Montessori does not take responsibility for the accuracy of student records entered on the Software. Maintaining the confidentiality of student records is the responsibility of the Subscriber. Flex Montessori agrees not to view or edit such records without a written request from the Subscriber.
Flex Montessori does not accept responsibility for the protection or processing of data relating to minors. Subscribers must adhere to their own countries’ regulations on the processing and storage of educational data for minors. Identifying personal data for Flex ‘student users’ is not required by Flex Montessori. The Subscriber is obliged to obtain the consent of parents/guardians before entering any personal or sensitive data on to the Flex system.
While administrators of the Flex Montessori platform have the ability to view and edit personal data, all Flex employees are bound by confidentiality and data is not shared with third parties.
Any personal data stored on Flex Montessori and servers is processed lawfully and transparently, with high regard to data security. Personal data is only used by Flex Montessori for the purpose intended. Flex Montessori agrees to only store data on servers that comply with GDPR regulations.
you must have specific purposes for processing the data and you must indicate those purposes to individuals when collecting their personal data. You can’t simply collect personal data for undefined purposes (‘purpose limitation’).
you must collect and process only the personal data that is necessary to fulfill that purpose (‘data minimisation’).
you must ensure the personal data is accurate and up-to-date, having regard to the purposes for which it’s processed, and correct it if not (‘accuracy’).
you can’t further use the personal data for other purposes that aren’t compatible with the original purpose of collection.
you must ensure that personal data is stored for no longer than necessary for the purposes for which it was collected (‘storage limitation’).
you must install appropriate technical and organisational safeguards that ensure the security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technology (‘integrity and confidentiality’).
Breach of data notification process https://www.dataprotection.ie/docs/forms/k/1729.htm
1*‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Prices are subject to change without prior notice. Prices and SMS Prices are dependent on Exchange Rates between the Euro and your select location country. Prices and SMS Prices may change on a daily basis. Prices and SMS Prices will change without prior notice.
You are advised to check the pricing on our website and use to the Prices Calculator to check your SMS Price every day before sending any data.
During the term of this Agreement you will not use the Services for information, data or material that (a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation (including but not limited to the laws and regulations governing export control, unfair competition, anti-discrimination or false advertising); (c) is defamatory, trade libellous, unlawfully threatening, or unlawfully harassing; (d) is obscene, pornographic or indecent in violation of applicable law; (e) contains any virus or other programming routine intended to damage any system or data; or (f) is provided in breach of any prior contractual commitment to any third party.
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland, and the parties hereby submit to the exclusive jurisdiction of the Irish courts to settle any disputes which may arise in connection with these terms and conditions.