Terms of Service for Cylcone
1. Introduction
These Terms of Service ("ToS") govern your access to and use of Cylcone (the "Service"), a Google Workspace add-on developed by Tailored EdTech ("we," "us," or "our") that provides recurring event scheduling functionality for K-12 schools. By installing, accessing, or using the Service, you ("Customer" or "you") agree to be bound by these ToS. If you are using the Service on behalf of a school or other entity, you represent and warrant that you have the authority to bind that entity to these ToS.
2. Definitions
- Customer: The school or educational institution that purchases a license to use the Service.
- End User: Any individual authorized by the Customer to use the Service, including administrators, teachers, staff, and students.
- Service: The Cylcone Google Workspace add-on and all associated functionalities.
- School Schedule: The schedule information inputted by the Customer, including start and end dates of the school year, school days, holidays, and any rotating or divisional schedules.
3. Service Description
Cylcone allows Customers to schedule recurring events on Google Calendar according to their School Schedule. The Service integrates with Google Calendar and requires manual input of the School Schedule. Cylcone supports various scheduling scenarios, including rotating schedules and different schedules for different divisions within a school.
4. Access and Use
4.1. License
Upon purchase, Customer is granted a non-exclusive, non-transferable license to use the Service for the specified term. The Service is licensed per domain and allows access to all End Users within that domain. The license may include restrictions on the number of schedules or divisions supported.
4.2. Access
Access to the Service is granted through the Customer's Google Workspace account. Customer is responsible for managing access and permissions for its End Users.
4.3. Google Workspace
The Service is a Google Workspace add-on and relies on Google's infrastructure and services. Customer's use of the Service is also subject to Google's terms and conditions.
4.4. Scopes:
Cylcone requires the following Google Workspace scopes to function:
- https://www.googleapis.com/auth/calendar.addons.current.event.read
- https://www.googleapis.com/auth/calendar.addons.current.event.write
- https://www.googleapis.com/auth/calendar.addons.execute
- https://www.googleapis.com/auth/calendar
- https://www.googleapis.com/auth/script.container.ui
- https://www.googleapis.com/auth/userinfo.email
4.5 Acceptable Use:
Customer agrees to use the Service only for lawful purposes and in compliance with these ToS. Prohibited activities include, but are not limited to:
- Using the Service to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content.
- Violating any applicable local, state, national, or international laws or regulations.
- Attempting to gain unauthorized access to the Service, other customers’ or users’ data, or any other computer systems or networks connected to the Service.
- Interfering with or disrupting the Service or servers or networks connected to the Service.
- Using the Service to send unsolicited communications or spam.
5. Data and Privacy
5.1. Data Collection:
Cylcone accesses the following data from Customer's Google Workspace:
- Calendar event details: This includes event titles, descriptions, dates, times, locations, and attendee information, solely for the purpose of scheduling recurring events.
- User information: Cylcone may access user IDs and email addresses for calendar access and functionality.
5.2. Data Storage and Processing
All data accessed by Cylcone is stored and processed within the Google Workspace environment.
5.3. Data Privacy:
- Customer is responsible for ensuring compliance with all applicable data privacy laws and regulations, including FERPA and COPPA.
- Tailored EdTech will not share any Customer data with third parties.
- A separate Privacy Policy provides further details on our data practices.
5.4. COPPA Compliance:
If Customer allows End Users under the age of 13 to use the Service, Customer consents as required under COPPA to the collection and use of personal information in the Service from such End Users (to the extent COPPA is applicable in Customer's jurisdiction).
6. Intellectual Property
All intellectual property rights in and to the Service, including its code, design, and branding, are owned by Tailored EdTech. Customer is granted no ownership rights to the Service.
7. Disclaimer of Warranties
The Service is provided "as is" without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Tailored EdTech does not warrant that the Service will be uninterrupted or error-free, or that defects will be corrected.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Tailored EdTech shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; or (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
9. Service Disruptions
Tailored EdTech will use commercially reasonable efforts to minimize service disruptions and outages. However, due to the Service's reliance on Google's infrastructure, Tailored EdTech cannot guarantee continuous availability. Tailored EdTech will provide customer support to troubleshoot issues and will make reasonable efforts to restore service in a timely manner.
10. Termination
10.1. Termination by Customer:
Customer may terminate this agreement at any time by providing written notice to Tailored EdTech.
10.2. Termination by Tailored EdTech
TailoredEdTech may terminate this agreement for any reason by providing written notice to Customer. Tailored EdTech may also terminate this agreement immediately upon written notice to Customer if Customer breaches any provision of these ToS.
10.3. Effect of Termination:
Upon termination, Customer's access to the Service will be revoked. Tailored EdTech will retain Customer data for a reasonable period to allow for data retrieval, unless otherwise required by law.
11. Dispute Resolution
Any dispute arising out of or relating to these ToS or the Service shall be settled by informal negotiation. If the dispute cannot be resolved through informal negotiation after a period of no less than 30 days, it shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, and the arbitrator's decision shall be final and binding.
12. Entire Agreement
These ToS constitute the entire agreement between you and Tailored EdTech relating to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.
13. Changes to ToS
Tailored EdTech reserves the right to modify these ToS at any time. Any changes will be effective upon posting the revised ToS. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised ToS.
14. Contact Us
If you have any questions about these ToS, please contact us at [email protected].