Terms of Service
Effective Date: November 28, 2020
Prior to using our Services, the parent or legal guardian of all minors is required to sign a technology consent form that gives the minor authorized permission to use the app. It is the responsibility of their school to distribute and maintain a record of these completed consent forms. Minors will only be onboarded to a school’s Wavely network if their school administration has a record of this signed technology consent form.
Restrictions on Use.
You will not, nor will you enable others, to (a) access, reproduce or copy our Services; (b) modify, adapt, translate or create any derivative works of our Services; (c) attempt to circumvent or disable our Services or any technology features or measures in our Services including, without limitation, any access controls or copyright protection mechanisms, by any means or in any manner; (d) Attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for our Services; (e) distribute, encumber, sell, rent, lease, sublicense, provide access to or otherwise transfer, publish or disclose our Services to any third party; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on our Services or used in connection with our Services; or (g) copy or replicate any portion of our Services for the purpose of developing a competing product or service.
Wavely retains all rights, titles, and interests (including any Intellectual Property Rights) in and to our Services, including, without limitation, all modifications, enhancements, configurations, upgrades, and customizations to our Services. For purposes of this agreement, “Intellectual Property Rights” include patents, trademarks, trade secrets, copyrights, mask works, rights in software, industrial rights, moral rights, and any similar rights anywhere in the world and all applications to register any of the foregoing categories of rights and all registrations granted by any governmental authority. You acknowledge that no rights, titles, interests, or licenses in or to our Services, whether by implication, estoppel, or otherwise, is granted, assigned, or transferred to it. You will not take any action that interferes with or challenges, in any manner, Wavely and its licensors’ rights with respect to our Services.
You hereby assign Wavely all rights, titles, and interests in and to any Intellectual Property Rights that you may have in any feedback about our Services that you provide to Wavely from time to time, including, but not limited to, feedback about our Services' functionality, ease of use, problems, or potential enhancements.
Wavely warrants that (i) it has all rights and interests in our Services necessary to enter into this agreement, (ii) full power and authority to enter into, execute, and perform its obligations under this agreement and (iii) this agreement is a legally valid and binding obligation of Wavely enforceable against it in accordance with its terms, except as enforceability may be limited by laws relating to debtor relief and general principles of equity. Wavely does not warrant that our Services will meet your requirements, that you will achieve any specific results, that the operation of our Services will be uninterrupted or error-free, or that all errors in our Services can be corrected. Our Services are provided “AS IS.”
OTHER THAN AS EXPRESSLY SET FORTH ABOVE, WAVELY DOES NOT MAKE OR PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS TO YOU OR ANY OTHER PERSON WITH RESPECT TO THE SERVICES OR ANY OTHER SERVICES PROVIDED HEREUNDER, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. WAVELY PROVIDES NO WARRANTY AS TO ANY THIRD-PARTY SOFTWARE.
Limitation of Liability; Disclaimers.
Except for any damages arising from the gross negligence or willful misconduct of a party, in no event shall either party’s total liability in connection with or under these terms (whether under the theories of breach of contract, tort, negligence, strict liability, or any other theory of law) exceed the fees paid or payable by a school to Wavely during the term of an issued license.
IN NO EVENT WILL WAVELY BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SERVICES EVEN IF WAVELY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. THE PROVISIONS OF THESE TERMS FAIRLY ALLOCATE THE RISKS BETWEEN A SCHOOL AND WAVELY AND THE PARTIES WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SUBJECT MATTER OF OR TRANSACTIONS UNDER THESE TERMS MAY BE BROUGHT BY A SCHOOL MORE THAN ONE YEAR AFTER THE SCHOOL KNEW OR SHOULD HAVE KNOWN OF THE FACTS OR EVENTS GIVING RISE TO THE CAUSE OF ACTION. IF APPLICABLE LAW LIMITS THE APPLICATION OF THIS SECTION, WAVELY LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE.
Wavely shall have no liability for any injury and/or damage to persons or property as a result of your use of our Services, or from any use or operation of any ideas, instructions, methods, product, or procedures contained in our Services.
If either you or your school terminates this its Licensing Agreement, the license granted, and your access and use of our Services, immediately will terminate and cease, and you shall promptly return to Wavely or destroy any documentation or copies of any Services and return to Wavely (at your school's expense) any related materials, equipment, or other assets owned by Wavely and used to provide our Services or any of the other services hereunder.
Wavely is committed to ensuring that our Services are as useful and efficient as possible. For that reason, we reserve the right to make changes to our Services or to charge for our Services, at any time and for any reason. However, we will never charge you for our Services without making it very clear to you exactly what you’re paying for.
Data Protection and HIPAA/FERPA Compliance.
Onboarded students and staff will receive a welcome email that includes a unique authorization code and access code assigned to their student or employee ID. This information, along with a secure password, is required to activate and access their profile. All data passing through the platform, whether it is through our online or our mobile application, is encrypted. This means that all user data is converted into complex code to ensure that its contents cannot be understood, intercepted, or collected - read further for more details.
Here is a breakdown of current security safeguards we've established to ensure data encryption in compliance with HIPAA and FERPA:
Our AWS EC2 Instance is encrypted. No one can use it without the MyKeyStore.pem file. All of our code is placed inside the encrypted directory. Our code is placed in a private repository on Bitbucket.org. Only we have complete access to the code.
No one can deploy the code without the AWS Sign-In Password and Username. The FTP server also cannot be connected without the MyKeyStore.pem file.
In our EC2 instance on AWS, we have only enabled secure communication options such as HTTPS-based or TCP/SSL-based to protect the confidential PHI data for the end-to-end communication, and all the list of PHI data is encrypted.
To access the RDS database the MyKeyStore.pem file is also required.
We are using the SHA-256 Cryptographic Hash encoding method. If we have a message “hello how are you”. Its encrypted form is “f5bf53fcd6980fedeb2495657a489cd10f5fef01b52de3e309d42dca10908948“.All the data of schools and users is encrypted. No one can decrypt the data without the key.
All the data which is passing through the internet gateway whether it is on our web or mobile application(s) is encrypted.
We use the Indirection strategy. When a new object containing PHI is written to S3 via S3 Transfer Acceleration, an S3 trigger signals AWS Lambda to write the appropriate metadata to an Amazon SQS queue. A service running on Amazon EC2 polls the SQS queue, and if new data is available, pulls the PHI data from S3. A second Lambda function triggers a mobile alert, notifying that processing of data has begun. In this example only S3 and EC2 are used to store, process, and transmit all PHI data; Lambda and SQS are only used to orchestrate services or notify when jobs should begin.
Please also know that the security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data and Student PII, we cannot guarantee its absolute security. Additionally, we cannot control the actions of anyone with whom you or any other Wavely users may choose to share information transmitted through our Services. Therefore, we cannot and do not guarantee that content you or any user shares through our Services will not be viewed by unauthorized persons. It also is your responsibility to keep your phone, computer, and access to our Services secure. We, therefore, recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone or computer vulnerable to malware, viruses, malicious programs, compromise your phone’s or computer’s security features and it could mean that our Services will not work properly or at all.
Lastly, keep in mind that you are responsible for any content you provide in connection with our Services. We cannot control the actions of anyone with whom you or any other Wavely users may choose to share information. Therefore, we cannot and do not guarantee that content you or any user shares on our Services will not be viewed by unauthorized persons. We will occasionally provide schools with resources to help protect the security and privacy of Student PII while using our Services.
You should be aware that there are certain things that we will not take responsibility for. Certain functions of our Services will require it to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but we cannot take responsibility for it not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using our Services outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing our Services, or other third-party charges. In using our Services, you’re accepting responsibility for any such charges, including roaming data charges if you use our Services outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using our Services, please be aware that we assume that you have received permission from the bill payer for using our Services.
Along the same lines, we cannot always take responsibility for the way you use our Services. For example, you need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to access our Services, we cannot accept responsibility.
When you’re using our Services, it’s important to bear in mind that although we endeavor to ensure that our Services are updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Wavely accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of our Services.
Updates to Services and Termination.
At some point, we may wish to update our Services. Our Services are currently available on Android and iOS, as well as online. The requirements for both systems (and for any additional systems we decide to extend the availability of our Services to) may change, and you’ll need to download the updates if you want to keep using our Services. We can't promise that we will always update our Services so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to our Services when offered to you. We may also wish to stop providing our Services and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using our Services, and (if needed) delete it from your device(s).
Links to Other Sites.
Changes to Terms of Service.
We may update our Terms of Service from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms of Service on this page. These changes are effective immediately after they are posted on this page.
If you have any questions or suggestions about our Terms of Service, please send an email to firstname.lastname@example.org.