Wizerme Terms and Conditions

Last Revised: July 14, 2020

These Terms and Conditions are a binding agreement between you (“ you ”, “user”, or “teacher ”) and Wizerme L.S (2019) Ltd. (“ Wizerme ”, “we”, “us” or “our”)  and apply to your use of the Wizer.me Platform and related services (collectively, the “ Service ”), which is a unique, user-friendly education platform that allows teachers to create digital assignments, to share with fellow teachers and to keep track of student performance. By using the Wizer.me Platform, you agree that you have read, agree with and accept all of the terms and conditions herein as well as our Privacy Policy (“ Privacy Policy ”) which is available at  www.wizer.me/privacy  and is incorporated by this reference (collectively, the “ Terms ”) and all applicable laws and regulations regarding your use of the Service (including but not limited to any applicable privacy protection laws).

We may revise and update these Terms at any time and such revisions are binding. Changes to these terms shall apply as of and following the date of the change. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER AND PROMPTLY ERASE, UNINSTALL AND REMOVE THE SERVICES AND ANY PART THEREOF FROM YOUR SYSTEMS AND APPLICATION.

THE SERVICES

The Wizer.me Platform allows teachers to create customized assignments. Teachers are able to drag and drop question types and multimedia while aligning with their core curriculum.

The customized assignments can be distributed to students via the Wizer.me Platform. The Service provides an assessment of students’ learning ability in real time by analyzing key data on each student’s concentration, progress and engagement.

Teacher are able to sell their customized assignments, created using the Wizer.me Platform, to teachers around the world (the “ Marketplace ”). Our Service allows teachers to browse the Marketplace of customized assignments and purchase the assignments that suites their needs.

REGISTRATION AND USER ACCOUNT

You must register and open an account to access the Service of the Wizer.me Platform (the “ Teacher Account ”). To create a Teacher Account you must provide us with a user name, your electronic mail (“email”) address; and a password. You must provide accurate and complete information.

Upon successful registration, the teacher will be redirected to their personal dashboard (the “ Dashboard ”). The customized assignments created by the teacher will be available on their Dashboard. The teacher may choose to personalize their Dashboard. The teacher can grant access to his or her students to the assignments available on their Dashboard. Each customized assignment has a specific assignment pin number (the “ Pin Number ”) that is to be provided to the students so that they can gain access to each assignment.

For a student to access a teacher’s assignment he or she must create an account with the Service (the “ Student Account ”). To create a Student Account a student must provide his or her full name, a password, and a Pin Number. Upon completion of the above-noted registration, the Wizerme server will automatically provide the student with a unique username. The student may then begin responding to the specific assignment (“ Student Activity ”). Each parent will have access to their child’s Student’s Account.

A student’s ability to register for a Student Account with Wizerme is subject to regulation under the Children’s Online Privacy Protection Act (COPPA) and is discussed in further detail under the Representations and Warranties provision below. Please note that if you are a student under the age of 13 attempting to create a Student Account, please do not send any Personal Information to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any Personal Information other than what we request from you in connection with the Service. If we learn we have collected Personal Information from a student under 13 without parental consent from his or her parent or guardian or obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at support@wizer.me.

You agree to immediately notify us of any unauthorized use of your account. You are fully and solely responsible for the security of your mobile device and computer system and all activity on your Teacher Account or Student Account, even if such activities were not committed by you.

 

Wizerme will not be liable for any losses or damages arising from unauthorized use of your account, and you agree to indemnify and hold Wizerme harmless for any improper or illegal use of your account, including by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent any inappropriate use of the Service.  

YOUR CONTENT; LICENSE

        

You own all intellectual property rights in any text, graphical, video or other content you create, or otherwise submit to or through our Service (“ Your Content ”). You remain the sole owner of the Content you provide to the Service. You acknowledge and understand that Wizerme is not responsible for the accuracy, safety, or intellectual property rights of or relating to users’ Content. Wizerme does not endorse any Content and expressly disclaims any and all liability in connection with Content.

You agree and affirm that in connection with Your Content you will not (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights unless you receive permission from the rightful owner; (b) publish falsehoods or misrepresentations that could damage Wizerme or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offense, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (d) post advertisements or solicitations of business; (e) impersonate another person; (f) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or program; (g) interfere with or disrupt the integrity or performance of the Service or the data contained herein; or (h) attempt to gain unauthorized access to the Service or its related systems of networks.

You hereby acknowledge and grant to Wizerme a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, license to use, reproduce, distribute, prepare derivative works of, display and perform the Content in connection with the Service. You agree that we may distribute, display, and make available Your Content as part of the Marketplace for the Wizer.me parents/teachers community.

You affirm, represent, and/or warrant that (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Wizerme to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusions and use of the Content in the manner contemplated herein; and (b) you have the written consent, release, and/or permission of each and every identifiable individual referenced in your Content

Wizerme does not permit any copyright infringement or intellectual property rights infringement through use of its Service. Wizerme will remove all properly identified content that infringes on another’s copyright or other intellectual property right.

WIZERME OWNERSHIP RIGHTS

All elements of the Service, including without limitation, the text, scripts, design, logos, graphics, interactive features, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Wizerme or its licensors. Except as expressly permitted by these Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Service or any content is strictly prohibited. Trademarks, service marks, and logos displayed on the Service are the exclusive property of Wizerme unless otherwise stated and may not be used without the express written consent of Wizerme. All rights not expressly granted herein are reserved to Wizerme, its affiliates and its licensors.

RULES AND CONDUCT

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

You agree that you shall not (and shall not permit any third party to) act in any way or transmit any Content that:

  1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  2. you know is false, misleading, untruthful or inaccurate;
  3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Wizerme in its sole discretion;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
  5. other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without Wizerme’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  6. contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Wizerme or any third party;
  7. impersonates any person or entity, including any employee or representative of Wizerme;
  8. includes anyone's identification documents or sensitive financial information; or
  9. breaches the  Privacy Policy  and/or any of the other policies and rules incorporated herein.

The software and technology underlying the Service is the property of Wizerme, and you may not do or attempt to:

  1. decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services, including in order to allow you to copy or download any content;
  2. circumvent, disable, or otherwise interfere with security-related features of the Services of features that prevent or restrict use or copying of any content;
  3. use of the Service and/or content provided therein in connection with any commercial endeavors in any manner;
  4. use any robot, spider, sit research or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services;
  5. harvest, collect or mine information about other users of the Services; or
  6. use or access another user’s account without permission.

REPRESENTATIONS AND WARRANTIES

In accordance with COPPA we do not knowingly collect personally identifiable information online from children who are under the age of 13. You represent and warrant that you are a teacher or school administrator or otherwise authorized by a school or district to sign up on behalf of students for the Service. You further represent and warrant that you are solely responsible for complying with COPPA, meaning that you may either act as the parent’s agent and consent to the collection of the children’s information on the parent’s behalf or obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Service. When obtaining consent, you must provide parents and guardians with these Terms and our Privacy Policy. You must keep all consents on file and provide them to us if we request them. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district

You further represent and warrant that you will not do any of the following:

  1. resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;
  2. duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Wizerme 's prior written authorization; or
  3. attempt to reverse engineer, alter or modify any part of the Service. You may, however, use the Service for your personal use subject to these Terms. Use of and access to the Service is void where prohibited.

LINKS TO THIRD PARTY WEBSITES

Information provided by our users through the Service may contain links to third party websites that are not owned or controlled by Wizerme . Wizerme  has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Wizerme  will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Wizerme  shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

The Use of the Youtube API Client is governed by Youtube’s Terms of Service (ToS) and Google’s Privacy Policy

 

PRIVACY

You explicitly consent to the use, access, disclosure, transfer and prevention of the personal information you provide via the Service, including storing, processing, and disclosing the data in accordance with these terms and Wizerme’s privacy policy, which is available at   app.wizer.me/privacy   and is incorporated by reference in these terms. The Privacy Policy also governs our collection and use of emails, names and school information from users.

TERMINATION

Wizerme may terminate or suspend your access to all or any part of the Service at any time, with or without cause, without or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. Wizerme shall use reasonable commercial efforts to maintain the availability of the Services, but does not guarantee any specific level of availability of the Services. Wizerme will not be liable to you as a result of temporary service interruptions. You acknowledge that Wizerme may, in its sole discretion and at any time, modify or discontinue providing the Service or any part thereof without notice, and in such an event you will not be able to access the information you have uploaded to the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

WARRANTY DISCLAIMER

Your use of the Service is at your sole discretion and risk. The Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Wizerme. WIZERME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICE AND TO THE GOODS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WIZERME DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; (II) THAT THE SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Wizerme and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expense (including reasonable attorneys’ fees) that arise directly or indirectly from: (i) breach of these Terms by you or anyone using your account; (ii) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service; (iii) your violation of any law or regulation; (iv) your infringement of any right of any third party; (v) information you provide to or use in connection with the Services violating third party intellectual, privacy or other rights; and (vi) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.

LIMITATION OF LIABLITY

Wizerme assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Services. Wizerme is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Service, including any injury or damage to users or to any person’s mobile device related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Wizerme be responsible for any loss or damage, including personal injury or death, resulting from the use of the Services, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline. IN NO EVENT SHALL WIZERME OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION OR CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WIZERME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL WIZERME’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO WIZERME FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO WIZERME FOR THE USE OF THE SERVICE, THEN WIZERME SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

GOVERNING LAW; DISPUTES

These Terms shall be governed by the laws of the State of Israel without reference to principles and laws relating to the conflict of laws. The competent courts of the District of Tel Aviv shall have exclusive jurisdiction over any matter in connection with these Terms.

SEVERABILITY

If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, you and Wizerme shall, if possible, agree on a legal, valid and enforceable substitute provision most resembling the desired effect of the deleted provision. The remaining portion of these Terms not declared illegal, invalid or unenforceable shall, in any event, remain valid and effective for the term remaining unless the provision found illegal, invalid, or unenforceable goes to the essence of these Terms.

MODIFICATION OF TERMS OF USE

Wizerme reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service. Wizerme may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

MISCELLANEOUS

         

These Terms form the entire agreement between you and us with respect to the use of the Service. It supersedes any prior or contemporaneous agreements or communications between us. If we fail to enforce any term of these Terms of Use, it will not be considered a waiver.  The failure of Wizerme to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right, or operate to bar the exercise or performance thereof at any time or times thereafter. A waiver of any right hereunder at any given time shall not be deemed a waiver therefor for any other time. All of our rights under these Terms are freely assignable by us, including in connection with a merger, acquisition, sale of assets, or by operation of law. 

CONTACT

         

You may contact Wizerme about the Terms at:   support@wizer.me.