Last Updated: December 5th, 2016
Dewsly Education, L.L.C. (“Dewsly,” “we,” “us,” “our”) provides a technology solution designed to eliminate fragmented communication in the primary and secondary education communities. The solution provides a secure, simple, and manageable place to connect school administrators, teachers, parents, and students and is comprised of this website, a user portal accessible through http://app.signalkit.com, and services accessible through the user portal (collectively, “Signal Kit”).
This Terms of Service Agreement (“Agreement”) governs the district or school (“you”, “your”) use of Signal Kit as well as any content or other products or services that we offer or provide. You signify your assent to this Agreement by using Signal Kit. Please do not use or continue to access Signal Kit if you do not agree to this Agreement.
Your Use Of Signal Kit
You are responsible for your use of Signal Kit. With this agreement, Signal Kit is allowing members of your community to use this platform with the understanding that the district has consent to communicate with your members of the school community. If you have authorized or registered another person to use Signal Kit, including a minor, you are fully responsible for that person’s use of Signal Kit and the consequences of that person’s misuse of Signal Kit. You may only use Signal Kit in compliance with this Agreement, any agreement entered into by your school district or school relating to Signal Kit, and all applicable laws and regulations.
We collect, store, and use data collected from you in accordance with our Privacy Notice, located at http://signalkit.com/privacy. The terms and conditions of the Privacy Notice are incorporated into this Agreement.
As between Dewsly and you, any data that we collect from you that includes any information that is directly related to a student that is maintained by a school district, school, or by us, as part of the provision of Signal Kit (“Student Data”), belongs to you and we claim no right, title, or interest in any Student Data that is made available to us. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act.
Signal Kit includes information, photos, videos, text, graphics, sounds, and other material or information provided by you, other Signal Kit users, Dewsly, or third parties (collectively, the “Content”) and that Content may be protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You are responsible for Content posted or uploaded to Signal Kit and for the consequences and liability related to or connected with your Content as well as your use of any Content you access or obtain through Signal Kit. We will not be liable for any Content that we do not upload to Signal Kit. You represent and warrant that you have all rights and authority to grant us the license herein to the Content you post or upload to Signal Kit.
We do not claim ownership rights to your Content. You retain all of your rights to your Content, but by uploading, transmitting, or posting Content via Signal Kit, you hereby grant to us a non-exclusive, worldwide, royalty-free license to host, store and distribute, on your behalf, your Content as part of providing Signal Kit.
We do not pre-screen or approve Content but we reserve the right to remove Content that is infringing, offensive, objectionable, or illegal at our discretion and without liability to you or any other person.
Signal Kit does not offer personal accounts for any pupils(or any other users) outside of the district implementation of Signal Kit. Furthermore, pupil-generated content in Signal Kit is limited to Direct Messages in conversations with teachers, staff and teacher-supervised group messaging and Mass Notifications sent in a pupil’s role as an assigned Signal Kit Public Group owner (Clubs, organizations, etc…).
Your License To Use Signal Kit
We grant to you a limited, non-exclusive, non-assignable, non-transferable license to access and use Signal Kit for your own personal, non-commercial purposes, subject to your agreement to and compliance with this Agreement. We reserve all rights not otherwise expressly granted by this Agreement. You may not: rent or sell Signal Kit to a third party, copy or reverse engineer Signal Kit, create derivative works of Signal Kit, change or alter Content or notices, use a bot or other automatic process to harvest information or Content on Signal Kit, introduce a virus or malicious code into Signal Kit, use Signal Kit to violate a third party’s intellectual property rights, send advertisements or spam using or through Signal Kit, use any information in Signal Kit to create a competing service, or engage in any activity that violates this Agreement.
All information is encrypted end-to-end while in transit over all internal and external networks. The only publicly-facing application is Signal Kit itself; all ancillary services are secured inside a virtual private cloud. Access to Signal Kit for third-party services (for example, to support delivery notifications from our SMS provider) requires authentication via industry-standard authentication schemes. Access to internal systems in our virtual private cloud is restricted exclusively to engineering staff via VPN. Shell access to internal systems is done via SSH with key-based authentication and all internal applications and services communicate over SSL/TLS. All credentials for authenticating internal services are encrypted at rest with a KMS and securely distributed with an internal configuration management system.
Usage And Limitations
We go to great lengths to insure compatibility across the most widely used hardware and browser platforms. However, we do not guarantee that Signal Kit will be compatible or operate with your Internet provider’s service plan, your mobile carrier’s service plan, with any particular computer, mobile device, or web browser, or any other piece of hardware, software, equipment, or device you use to access Signal Kit. You are responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, and other system requirements necessary for your access to and use of Signal Kit. You are also responsible for all third party charges and fees, including to your Internet service provider and mobile carrier, in connection with your access and use of Signal Kit and for complying with any contracts, terms of service agreements, and restrictions associated with such third party services.
Signal Kit is not designed to contact fire protection, emergency medical service, or any other public safety or health service in the event of an emergency. Call 911 in the event of an emergency.
Your receipt of messages through Signal Kit depends on your equipment and third party networks outside of our control. We do not represent, warrant, or guarantee that your intended recipients will receive your notifications or that you will receive notifications in a timely manner (if at all).
We do not post links to third party websites in Signal Kit. If a Signal Kit user posts a link in Signal Kit, please be aware that we are not responsible or liable for any content, advertising, products, or other materials on or available from third party websites or for any privacy or other practices of the third parties operating those websites.
Signal Kit places the designation of Signal Kit District and School admin roles within the District’s sole discretion. Signal Kit and our partners can provide administrative training to these individuals at the district’s request. Additionally, Signal Kit personnel are forbidden from accessing pupil records without the consent of the District/Client in order to provide user or technical support.
We will not, at any time, use any information in the pupil record for any purpose other than those required or specifically permitted by the contract.
In the event of an unauthorized disclosure of the pupil’s records, we will immediately notify the designated “Signal Kit ADMINISTRATOR” at the district or school.
Our Rights And Ownership
We may discontinue or alter any aspect of Signal Kit, restrict the time Signal Kit is available, install bug fixes, updates, patches, and other upgrades to Signal Kit, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you for any updates to the product. If at anytime the product is to be discontinued the company must provide notice to you as a customer. Your only remedy is to discontinue using Signal Kit.
Signal Kit is our copyrighted property and it may not be reproduced, recreated, modified, accessed, or used in any manner contrary to what is allowed by this Agreement or disseminated or distributed to any other person. Our images, trademarks, service marks, logos, icons, and other Content we upload to Signal Kit are our property and may not be used without our prior written consent. Trademarks owned by third parties are the property of those respective third parties. Any feedback or suggestions you give to us about Signal Kit is voluntary and we may use such feedback or suggestions in our sole discretion without obligation to you.
To the fullest extent allowed under applicable law, we expressly disclaim all warranties, express, implied, or otherwise, including without limitation, warranties of merchantability, title, non-infringement, suitability, integration, currentness, accuracy, and fitness for a particular purpose. We do not warrant that Signal Kit will be malware or virus free. We disclaim any representations that Signal Kit will meet your requirements, that access to or operation or use of Signal Kit will be uninterrupted or error free, that defects in Signal Kit, if any, will be corrected, or that results will be timely, accurate, adequate or complete. Signal Kit is provided “as is” and “as available”. We do not warrant or represent that use of Signal Kit will result in compliance with any applicable laws or regulations, and you understand that you are solely responsible for ensuring compliance with any and all applicable laws and regulations.
To the fullest extent permitted by law, under no circumstance will we be responsible for lost revenues, financial losses, or indirect, special, consequential, exemplary, or punitive damages. To the fullest extent permitted by law, our total liability for any claims under this Agreement, including for any implied warranties, is limited to the greater of the amount you paid to us during the 6 months prior to the event giving rise to the claim or $100.00. The limitations of this section will apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not we have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree to defend, indemnify, and hold us and our officers, members, managers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with your use of Signal Kit, your breach or alleged breach of this Agreement, your unauthorized use of the Content, unauthorized use of your Signal Kit account, or your violation of any rights of any other person.
This Agreement is effective until you or Dewsly terminates it. You may terminate this Agreement at any time by discontinuing your use of Signal Kit. We may terminate this Agreement with written notification to you as a customer at any time and for any cause reason, and accordingly, we may deny or suspend your access to Signal Kit only in the case that you as a customer do not abide by the Terms Of Service. Termination of this Agreement will not affect any right or relief to which we are entitled at law or in equity. Upon termination of this Agreement, you must terminate all use of Signal Kit and any information or materials that have been provided to you. The terms and conditions in this Agreement that by their nature and context are intended to survive any termination of this Agreement will survive such termination and will be fully enforceable thereafter.
Signal Kit maintains pupil records upon completion of the contract in accordance with district policy and will enforce that retention policy. Signal Kit does not offer personal accounts.
Signal Kit uses SMS messaging to transmit and send messages. You can manage your SMS messaging settings through your Signal Kit account settings. You can also manage your SMS messaging settings from your mobile device after you receive an SMS message from Signal Kit. For example, you can text STOP or HELP to Signal Kit’s SMS number to unsubscribe or to receive help on how to use the service. Participating carriers include: AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel, and Virgin Mobile. Neither Dewsly nor your mobile carrier will be liable for damages or costs associated with delayed or undelivered messages. Message and data rates may apply; please contact your provider for details.
Compliance With Non-Us Law
We do not make any representation that Signal Kit, the Content, or other material or information provided through Signal Kit is appropriate to or available in locations outside of the United States. You may not use Signal Kit or export Content in violation of United States export laws, regulations, or restrictions. If you access Signal Kit from outside of the United States, you are responsible for compliance with all applicable laws.
Dewsly fully complies with FERPA regulations.
Governing Law And Other Miscellaneous Terms
This Agreement and any claim related thereto will be governed by the laws of the State of Missouri, without reference to its conflicts or choice of law principles. All claims and disputes arising under this Agreement will be brought solely in any court located in Jackson County, Missouri. You irrevocably submit and consent to the personal jurisdiction of such courts.
We have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
This Agreement controls the relationship between Dewsly and you. This Agreement does not create any third party beneficiary rights.
Our failure to enforce the provisions of this Agreement do not constitute a waiver of our right to enforce them.
If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and the invalid or unenforceable term or provision will not be considered to be part of this Agreement.
In the event of a conflict between this Agreement and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application will control.
Digital Millennium Copyright Act
We respect the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Copyright Agent for Notice of Claims of copyright infringement at firstname.lastname@example.org.
Changes To This Agreement
We reserve the right to change, modify, add, or remove portions of this Agreement. We will post notice of modifications to this Agreement on this page and we will attempt to notify you through your Signal Kit account, contact information provided to the company and the email address that you provided of any changes to this Agreement. Changes will become effective immediately but will not apply retroactively. If you do not agree to the modified Agreement you should immediately discontinue your use of Signal Kit.
If you have any questions or would like further clarification about Signal Kit or this Agreement, please e-mail us at email@example.com.
Signal Kit is operated by Dewsly Education, LLC.
All inquiries may be directed to:
Signal Kit Terms of Service
c/o Dewsly Education, LLC
2600 Grand Avenue Suite 380
Kansas City, MO 64108