Happy Moose Apps

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1. Acceptance
This website and mobile app is provided by Happy Moose Apps Inc (HMA). By downloading and using any HMA education software (the “Software") you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("ToS"), which may be updated from time to time without notice to you. If you do not agree to the terms outlined in the ToS you may not use our website or mobile apps.When using the Software, you will also be subject to the HMA’s Privacy Policy.Our contact email address is support@happymooseapps.com. All correspondence to HMA including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.2. Personal Information
While using our mobile apps or website, you and other users may provide or post certain content or information which may be used by HMA in connection with the Software. Please visit our Privacy Policy or additional information on the types of information different types of users are able to provide.You retain all ownership rights to your information. HMA does not claim any ownership rights over your personal information. HMA will only share and use your personally identifiable information in accordance with HMA's Privacy Policy.3. Registration
As a condition to using the Software, you may be required to register and select a password and username or provide additional contact information (hereafter referred to as the "Registration Data").You may not select or use as a Company User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission.HMA reserves the right to refuse registration of or cancel Registration Data in its discretion.You shall be responsible for maintaining the confidentiality of your password and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone.Upon completion of the Registration Data, you certify: that you are 18 years of age or older, if signing up for a parent or teacher account; to provide true, accurate, current, and complete information about yourself and any other users of the account as required by the Site's registration form to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.4. Membership and Subscription Fees
Access to the basic version of the Software is provided to you for free, while the premium version of the Software requires a paid membership.By starting your HMA paid membership, you expressly agree that we are authorized to charge you the membership fee associated with membership (monthly, annual, or lifetime). The prices associated with each membership and other charges are subject to change without notice. Membership begins on the date it is purchased (the "Purchase Date") and will continue until cancelled. Membership shall not be transferred or assigned to any other third-party nor shall a third-party be granted access to the Software or Site through use of your Registration Data.Please note that when you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.Monthly and Annual and Forever Memberships(b) HMA offers monthly, annual and forever subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. For the purposes of our forever subscription, forever constitutes 100 years or until the date HMA ceases to commercially offer the Products.(c) Our “Monthly” subscription is paid in monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that HMA is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section 2.5(h) (the “Payment Method”) in the amount of the current monthly subscription fee as of the time of renewal. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.(d) Our “Yearly” subscription is paid for by an upfront one-off payment with automatic annual renewals. You acknowledge and agree that HMA is authorized to charge the Payment Method used for (i ) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the non-discounted rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.(e) Our “Forever” subscription is paid for by a one-off upfront payment.5. Cancellation of Services
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.6. Termination
HMA, in its sole discretion, reserves the right to terminate your account or any part thereof if you fail to comply with the terms outlined in the ToS. HMA may, in its sole discretion, terminate access to the Site or Software without notice. You agree that HMA shall not be liable to you or any third party in the event of such termination of access to the Site or Software.7. Privacy
Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Software. By using our Software, you agree that HMA can use such data in accordance with our Privacy Policy.8. Disclaimers of Warranties
The Site and Software are provided "as is", and without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, availability and compatibility. No warranty is made that the service will be error-free, that errors will be corrected, that the Site or Software will be uninterrupted or secure, that the Site or Service will meet your expectations, or that the Site or the servers that make such content available shall be free of viruses or other harmful components. Any material obtained through the use of the Site or Software is done so at your own discretion and risk and HMA shall not be responsible for any damage or loss of data that results from obtaining such material. No warranty is made regarding the use or results of use of the Site, Software, or any portion thereof. Any advice or information, whether oral or written, obtained by you from HMA shall not create any warranty not expressly stated in the TOS.9. Limitation of Liability
HMA has provided the Site and Software "as is" and shall not be liable for any direct, indirect, incidental, special or consequential damages including but not limited to lost profits, personal injury, property damage, loss of data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from: (A) the use of or inability to use the service; (B) the conduct or actions, whether online or offline, of any user of the Site or Software; (C) unauthorized access to or alteration of your transmissions or data; or (D) any other matter relating to the Software or Site. In no event shall our total liability to you for all damages, losses, or any other claims related to the Software or Site whether in contract, tort or otherwise exceed the amount paid by you, if any, or $100, whichever is less.10. Indemnity
You agree to indemnify and hold harmless HMA, its affiliates, successors and assigns, distributors, agents, or other authorized users, and all those stockholders, directors, owners, employees, and agents from all third-party claims, demands, damages, losses, liabilities and costs, including reasonable attorneys' fees, through your use of the Site or Software, your connection to the Site or Software, any breach by you of the ToS arising out of your use of the Site or Software, or your violation of any rights of another.11. Links and Advertising
The Site or Software may provide links to third party websites or resources. HMA has no control over the quality, suitability, availability, or legality of these external web sites and resources, and as such makes no representation or warranty of any kind. You hereby waive any claim you may have against HMA with respect to such sites. HMA is not responsible for any third party website or resources that are contained outside of the Site.12. Severability
If any term or provision of the TOS is held to be void or unenforceable, that term or provision will be severed from the TOS, the balance of the TOS will survive, and the balance of the TOS will be reasonably construed to carry out the intent of the parties as evidenced by the terms of this ToS.13. Governing Law and Arbitration
The ToS shall be governed under the laws of the Province of British Columbia and you agree to submit to the jurisdiction of the Courts of the Province of British Columbia in respect of any matter relating to the ToS.14. Modifications to Site and Software
HMA reserves the right to modify or temporarily discontinue the Site and Software at any time and from time to time without notice to you. You agree that HMA shall not be liable to you or any third-party for any modification or temporary discontinuance of the Site or Software. Liability is limited to the paid membership fee, pro-rated to the time remaining on the membership fee, in the event of a permanent discontinuance of the Site or Software.15. Use of Site and Software
The Site and Software are for your personal use only. You may not use our Software or Site for commercial use. You agree not to copy, reproduce, reverse-engineer, create derivative works, disassemble, adapt, or exploit in any other way the Site, Software, or any portion thereof. The Site and Software are owned entirely by Happy Moose Apps Inc. and no right or title is transferred to you.16. Entire Agreement
This TOS constitutes the entire understanding and agreement between you and HMA with respect to the subject matter of this TOS. There are no agreements, understandings, restrictions, representations, or warranties other than those in this TOS or referred to or provided for in this TOS.17. FERPA
Certain information that may be provided to HMA by School Personnel that is directly related to a student and maintained by an Institution, may be considered an education record ("Education Record") under the Family Educational Rights and Privacy Act ("FERPA"). Additionally, certain information, provided to HMA by School Personnel about a student, such as student name and grade level, may be considered directory information under FERPA ("Directory Information") and thus not an Education Record. A school may not generally disclose personally identifiable information from an eligible student's education records to a third party without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA ("FERPA Exemption(s)"), including the exemption for Directory Information ("Directory Information Exemption") or disclosure to school officials with a legitimate educational interest ("School Official Exemption").As School Personnel or an Institution providing Directory Information or any Education Record to HMA, you warrant, as applicable, that your Institution has: complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and allowing parents and eligible students a reasonable amount of time to request that schools not disclose directory information about them; and/or complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines "school official" to include service providers and defines "legitimate educational interest" to include services such as the type provided by ClassDojo; or obtained all necessary parental or eligible student written consent to share the Directory Information and Educational Records with Company, in each case, solely to enable Company's operation of the Service.HMA will never share Education Records with third parties except: as directed by a HMA user (i.e., teacher sharing with another teacher or parent); or to our service providers that are necessary for us to provide the Software, as stated in our Privacy Policy. A list of our current essential service providers is located within the Privacy Policy.Education Records are never used or disclosed for third party advertising or any kind of first- or third-party behaviorally-targeted advertising to students or parents. Additionally, information collected directly from a student using HMA is never used or disclosed for third party advertising, or any kind of first- or third-party behaviorally-targeted advertising to the student, and personal information collected from a student is never sold or rented to anyone. This section shall not be construed (i) to prohibit HMA from marketing or advertising directly to parents so long as the marketing or advertising did not result from the use of Educational Records to provide behaviorally targeted advertising or (ii) to limit the ability of HMA to use student information or Educational Records for adaptive learning or customized student learning purposes.HMA may use Education Records that have been de-identified for product development, research or other purposes ("De-Identified Data"). De-Identified Data will have all direct and indirect personal identifiers removed. HMA agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.

SUMMARYThe short summary is that we will always respect and honor your privacy, your email, and any other information that you give to us.If you have any questions, please check our detailed privacy policy below.1. WHAT INFORMATION DO WE COLLECT AND STORE?Any information you provide to us is strictly being used to enable the products or services that you have subscribed to. If you have given your email address to us, you may be receiving information about related educational apps that we believe you might also enjoy. We also collect and store the files you upload, download, or access within our apps.2. How’s my information going to be used?Any information you provide to us is strictly being used to enable the products or services that you have subscribed to.If you have given your email address to us, your email is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements.3. How to stop receiving emails from us?
You can stop receiving emails from us anytime with just one click. At the bottom of every email that we send we offer a link to unsubscribe. You can also contact us at support at Grasshopper Apps anytime so that we can help.4. Who has access to my information?
Any information you provide is strictly used to enable us to deliver the products or services that you have signed up for. We never rent, share, or offer access to customer information to any third party.Through certain features of our apps, you may also make some of your information public. Public information may be broadly and quickly disseminated.If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction.5. Changing or deleting information
You can delete any information you have submitted through any of our apps from inside the app at any time.6. Data retention
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account at any time from inside our apps. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.7. Security
We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security.8. Changes to our Privacy Policy
This Privacy Policy may change from time to time. By continuing to use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.Student Data Privacy Questions
Are our apps intended for K-12 students?
Yes, our apps are intended for users ranging from 2 to 99+years so K-12 students are definitely part of our target market.Is there any tracking of student information, if so what does this include?
All tracking is optional. All of our apps can be used without creating any student accounts. Some of our apps offer the ability to track user progress but the user account can be anonymous and does not require an email account. In other words, the student, teacher, and parent are always in control and can decide what if anything gets tracked.What student data is collected, including metadata, and how is that data used?
Please see the answer above. Most of our apps collect zero student data. If you decide to create a student account with an email address, then some of our apps will track user activity within the app so that the student, teacher, or parent can see how the student is doing. As we said above, students can always create user accounts without any email if they prefer to have everything anonymous.Which 3rd party companies do you share data with? Do they adhere to your privacy policy and terms of service?
None.Is any student data used for the purpose of advertisement or marketing?
No.Is student information disclosed or sold and if so to who?
No. We have and will never disclose or sell any student information to anyone.Is your tool and company FERPA, CIPA, COPPA, and SOPIPA, and AB1584 compliant?
We are not familiar with all of the above acronyms but we try to follow best practices in terms of ensuring our user privacy.What do you do with student data after the data is no longer needed?
Nothing. First, the majority of our apps collect zero student data. For the apps that do collect student data, the student, teacher, or parent can delete all data at anytime. Plus, you can also track data anonymously if you like.