Terms of Service

The Terms of Service for using classroom.cloud.

classroom.cloud Terms of Service 

Please read carefully before subscribing to classroom.cloud. This agreement governs your use of NetSupport’s classroom.cloud services. By accepting the terms of service, you agree to the terms as defined below. If you are entering into these terms of service and agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” and “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept these terms of service and may not use the services. 

To the extent that NetSupport Ltd. is, on behalf of the Customer, processing Customer Data that is subject to EU Data Protection Laws, by agreeing to these terms you are also agreeing to the Data Processing Agreement and EU Standard Contractual Clauses, defined below, with NetSupport Ltd. for the transfer of Personal Data to processors. 

If you are agreeing to this Agreement and, if applicable, the Data Processing Agreement, for use of the Services by an organisation, you are agreeing on behalf of that organisation. You must have the authority to bind that organisation to these terms, otherwise you must not sign up for the Services. 

1. Services 

1.1. Provision. This Agreement governs access to, and use of, the Services and Software. Customer and End Users may access and use the Services in accordance with this Agreement. 

1.2. Security Measures. Any NetSupport personnel who have access to Customer Data will be bound by appropriate confidentiality obligations. NetSupport will use industry standard technical and organisational security measures to transfer, store, and process Customer Data that, at a minimum, will comply with the Security Measures. The Security Measures are designed to protect the integrity of Customer Data and guard against the unauthorised or unlawful access to, use, and processing of Customer Data. NetSupport may update the Security Measures from time to time. NetSupport will provide Customers with at least sixty days prior notice if NetSupport updates the Security Measures in a manner that materially diminishes the administrative, technical or physical security features of the Services taken as a whole. 

1.3. Data Processing and Transfer. 

1.3.1. Data Processing. This Agreement constitutes a Customer’s instructions to NetSupport Ltd to process Customer Data. NetSupport Ltd and its sub-processors will only process Customer Data to provide the Services and to fulfil NetSupport Ltd.’s obligations in this Agreement. The Customer agrees that NetSupport Ltd and its sub-processors may transfer, store, and process Customer Data in locations other than Customer’s country. NetSupport Ltd will inform the Customer of any legal requirement which prevents it from complying with the Customer’s instructions, unless prohibited from doing so by applicable law or on important grounds of public interest. The parties acknowledge that Customer Data may contain Personal Data, and a description of the Personal Data and further information about the processing is set out in the Data Processing Agreement 

1.3.2. EU-U.S. and Swiss-U.S. Privacy Shield Programs. NetSupport Ltd complies with the EU-U.S. and Swiss-U.S. Privacy Shield Programs. If the Privacy Shield Programs are invalidated, NetSupport will use commercially reasonable efforts to comply with alternate or successor data transfer mechanisms. 

1.3.3. Data Processing Agreement. To the extent Customer Data is subject to EU Data Protection Laws and is processed by NetSupport on the Customer’s behalf: NetSupport will use and process Customer Data as the Customer instructs in order to provide the Services and to fulfil NetSupport’s obligations under the Agreement; and the Customer agrees to the Data Processing Agreement with NetSupport Ltd. for the transfer of Personal Data 

1.3.3.1. Data Subject Rights. Taking into account the nature of the processing, NetSupport shall assist the Customer by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Customers obligations, as reasonably understood by NetSupport, to respond to requests to exercise Data Subject rights under the Data Protection Laws. 

1.3.3.1.1 NetSupport shall: 

1.3.3.1.2. promptly notify the Customer if it receives a request from a Data Subject under any Data Protection Law in respect of the Customers Personal Data; and 

1.3.3.1.3. ensure that it does not respond to that request except on the documented instructions of the Customer or as required by Applicable Laws to which NetSupport is subject, in which case NetSupport shall, to the extent permitted by Applicable Laws, inform the Customer of that legal requirement before responding to the request. 

1.3.3.2. Personal Data Breach 

1.3.3.2.1. NetSupport shall notify the Customer without undue delay upon becoming aware of a Personal Data Breach affecting the Customers Personal Data, providing the Customer with sufficient information to allow the Customer to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws. 

1.3.3.2.2. NetSupport shall co-operate with the Customer and take reasonable commercial steps as are directed by the Customer to assist in the investigation, mitigation, and remediation of each such Personal Data Breach. 

1.3.3.3. Data Protection Impact Assessment and Prior Consultation. NetSupport shall provide reasonable assistance to the Customer with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which the Customer reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of the Customers Personal Data by, and taking into account the nature of the processing and information available to NetSupport. 

1.3.4. Data Retention 

1.3.4.1. At the end of a subscription or evaluation of the service, data will be retained for a 30-day period. At the end of the 30-day period, if the subscription has not been renewed or evaluation extended, then all data relating to the account will be removed. 

1.3.4.2. If your account is terminated by NetSupport (see section 4), then all data will be removed immediately.
 

1.4. Modifications. NetSupport may update the Services from time to time. If NetSupport changes the Services in a manner that materially reduces their functionality, NetSupport will notify the Customer at the email address associated with the account, and the Customer may provide notice within thirty days of the change to terminate the Agreement. This termination right will not apply to updates made to features provided on a beta or evaluation basis. 

2. Suspension. 

2.1. Suspension of accounts by NetSupport. If an End User: (a) violates this Agreement; or (b) uses the Services in a manner that NetSupport reasonably believes will cause it liability, then NetSupport may request that the Customer suspend or terminate the applicable End User account. If the Customer fails to promptly suspend or terminate the End User account, then NetSupport may do so. 

2.2. Security Emergencies. Notwithstanding anything in this Agreement, if there is a Security Emergency then NetSupport may automatically suspend use of the Services. NetSupport will make commercially reasonable efforts to narrowly tailor the suspension as needed to prevent or terminate the Security Emergency.
 

3. Intellectual Property Rights. 

3.1. Reservation of Rights. Except as expressly set forth herein, this Agreement does not grant: (a) NetSupport any Intellectual Property Rights in Customer Data; or (b) the Customer any Intellectual Property Rights in the Services or NetSupport trademarks and brand features. 

3.2. Limited Permission. The Customer grants NetSupport only the limited rights that are reasonably necessary for NetSupport to provide the Services. This limited permission also extends to subcontractors or sub-processors. 

3.3. Suggestions. NetSupport may use, modify, and incorporate into its products and services, licence and sublicence, any feedback, comments, or suggestions on the Services that Customer or End Users may send NetSupport or post in NetSupport websites without any obligation to the Customer.  

4. Termination 

4.1. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if: 

4.1.1. You are in breach of these Terms. 

4.1.2. You are using the Services in a manner that would cause a real risk of harm or loss to us or other users. 

4.2. We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps, we ask of you, we will terminate or suspend your access to the Services. 

4.2.1. We will not provide notice before termination where:
(a). you are in material breach of these Terms,
(b). doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
(c). We are prohibited from doing so by law.

5. Disclaimers 

5.1. General. TO THE FULLEST EXTENT PERMITTED BY LAW, NETSUPPORT AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SOFTWARE OR SERVICES. THE SOFTWARE OR SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE CUSTOMER IS RESPONSIBLE FOR USING THE SOFTWARE OR SERVICES IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN.

6. Miscellaneous 

6.1. Subcontracting. NetSupport will remain liable for all acts or omissions of its subcontractors or sub-processors, and for any subcontracted obligations. 

6.2. Force Majeure. Neither NetSupport nor the Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (for example, natural disaster, act of war or terrorism, riot, labour condition, governmental action, and Internet disturbance). 

6.3. Discontinuation of Services. We may decide to discontinue the Services in response to unforeseen circumstances beyond NetSupport’s control or to comply with a legal requirement. If we do so, we will give you reasonable prior notice. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we will refund the portion of the fees you have pre-paid but have not received Services for. 

6.4. Governing Law. The agreement will be governed by the laws of England. 

Last updated: 23 Jun. 2020 
Revision: 1 
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