Terms & Conditions

Chronicle EULA

This is a legal agreement between Chronicle Cloud, Inc. (referred to as “Chronicle Cloud”) and you (referred to as “User”) stating the terms that govern your use of the Chronicle Cloud mobile application (the “Application”). This agreement, together with all updates, additional terms, software licenses, and all of Chronicle Cloud’s rules and policies, collectively constitute the “Agreement” between you and Chronicle Cloud. By installing the Application, you indicate that you agree to these terms. Do not install or use the Application if you disagree with these terms. You must accept and abide by these terms as presented to you. Changes, additions, or deletions are unacceptable, and Chronicle Cloud may refuse access to the Application for noncompliance with any part of the Agreement.

License

The Application is licensed, not sold, to you for use only under the terms of this Agreement. As the licensor, Chronicle Cloud reserves all rights not expressly granted to you. This license given to you for the Application by Chronicle Cloud is limited to a non-transferable license to use the Application on any iPad device you own or control and as permitted by the Usage Rules outlined in the App Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Application on any mobile device that you do not own or control, and you may not distribute or make the Application available over a network where multiple devices could use it at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open sourced components included with the Application). Any attempt to do so violates the rights of Chronicle Cloud and its licensors. You may be subject to prosecution and damages if you breach this restriction. The license terms will govern any upgrades provided by Chronicle Cloud that replace and supplement the original Application unless such upgrade is accompanied by a separate license, in which case the license terms will govern.

Consent to Use of Data

You agree that Chronicle Cloud may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. Chronicle Cloud may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

SMS Consent

The User now expressly consents and authorizes Chronicle Cloud to send One-Time Passwords (OTPs) to the contact details provided by the User for authentication and security in connection with the Company’s services.
User acknowledges and agrees that the OTP sent by the Company will be used as a security measure to verify your identity and to protect the User’s account from unauthorized access.The User understands that the OTP is crucial in ensuring the confidentiality and integrity of the User’s account information.
By accepting these terms and conditions, the User affirms that they have provided accurate and up-to-date contact information to the Company for OTP delivery. The User further understands and accepts that failure to receive or give the OTP may result in restricted access to certain features or services the Company offers.The User acknowledges that the Company shall not be held liable for any loss, damage, or unauthorized access arising from the misuse or compromise of the OTP, provided that the Company has taken reasonable measures to safeguard the OTP transmission.
This OTP authorization clause forms an integral part of the overall terms and conditions governing the use of the Company’s services. The User agrees to comply with this clause as a condition of accessing and utilizing the services provided by the Company.
By accepting these terms and conditions, the User acknowledges that they have read, understood, and agreed to be bound by the terms of this OTP authorization clause.

Termination

The license is effective until terminated by you or Chronicle Cloud. Your rights under this license will terminate automatically without notice from Chronicle Cloud if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Application and destroy all copies, full or partial, of the Application.

Services: Third-Party Material

The Application may enable access to Chronicle Cloud and third-party services and websites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service. Certain Services may display, include, or make available content, data, information, applications, or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that Chronicle Cloud is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Chronicle Cloud does not warrant or endorse. It does not assume and will not have any liability or responsibility to you or any other person for any Services, Third Party Materials, or websites or for any other materials, products, or services of third parties. Third-party materials and links to other websites are provided solely as a convenience to you. Location data supplied by any Services is for primary navigational purposes only and is not intended to be relied upon when precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property, or environmental damage. Alerts and notification data provided by any Services are for convenience only, and you understand that multiple factors, including network availability, may affect notification data delivery, which is not guaranteed. Neither Chronicle Cloud nor its content providers guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or notification data displayed by any Services.

You agree that any Services contain proprietary content, information, and material protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information, or materials in any way except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party and that Chronicle Cloud is not in any way responsible for any such use by you nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.

In addition, third-party services and materials that may be accessed from, displayed on, or linked to from mobile devices are unavailable in all languages or countries. Chronicle Cloud makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your initiative. You are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Chronicle Cloud and its licensors reserve the right to change, suspend, remove, or disable access to any Services without notice. In no event will Chronicle Cloud be liable for removing or disabling access to any such Services. Chronicle Cloud may also limit the use of or access to certain Services, in any case, without notice or liability.

No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Chronicle Cloud at this moment DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Chronicle Cloud DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Chronicle Cloud OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Chronicle Cloud BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER, CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF RIPPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Exportation

You may not use, export, or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. Using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.

U.S. Government Restricted Rights

The Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.

Applicable Law

The laws of the State of Massachusetts, excluding its conflicts of law rules, govern this license and your use of the Application. Your application use may also be subject to local, state, national, or international laws. The sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts in Boston, MA, USA. Both you and Chronicle Cloud consent to the jurisdiction of such courts and agree that the process may be served in the manner provided herein for giving notices or otherwise as allowed by Massachusetts state or federal law. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or any dispute or transaction arising out of this Agreement.

Intellectual Property

You do not acquire under this Agreement any intellectual property or other proprietary rights, including without limitation, any patents, inventions, improvements, designs, trademarks, including any applications for same, copyright, rights in any confidential information or trade secrets, in or relating in any way to the Application. Any grants not expressly granted herein are reserved.

Except where otherwise specified, the contents of the Application are copyright (c) 2013 Chronicle Cloud. All rights reserved. The contents of the Application are subject to protection under USA. and foreign copyright laws. You are not permitted to use the copyrighted content outside of the normal functions of the Application without the prior written consent of Chronicle Cloud.

Third-Party Beneficiary

You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this agreement and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the request) to enforce this agreement against you as a third party beneficiary thereof.

Indemnification

You agree to indemnify, defend and hold Chronicle Cloud, its partners, licensors, affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Application, (c) any breach of this Agreement by you, and (d) your violation of any law or any rights of any third party.

Equitable Remedies

You hereby agree that if the terms of this Agreement are not explicitly enforced, Chronicle Cloud will be irreparably damaged. Therefore, you agree that Chronicle Cloud shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any of this Agreement and any other available remedies.

Assignment

Chronicle Cloud may assign this Agreement without notice to you. You shall not assign this Agreement without the prior written consent of Chronicle Cloud (such consent may be withheld at Chronicle Cloud’s discretion).

Notices

If you have any questions or concerns about this Agreement, you may contact us at:

Chronicle Cloud
Legal Department
100 Cambridge Street, #1400
Boston MA 02114
+1 312-380-1857

Email: privacy@chroniclecloud.com

Entire Agreement

Except as otherwise provided herein, this Agreement constitutes the entire agreement between the parties respecting the Application. There are no provisions, representations, or collateral agreements between the parties other than as set out in this Agreement. Chronicle Cloud reserves the right to change this Agreement by providing you with notice of the change by including it in an update in the Apple App Store or by any other reasonable method. If you continue to use the Application after notice of the change has been given, you shall be deemed to have accepted this change. Chronicle Cloud is the world’s first App by the teachers, for teachers. Chronicle provides multiple features to allow teachers to capture notes and assessments on students in one central place and share them with students and teachers.

The Chronicle Cloud product team brings over 30 years of teaching experience and is an early adopter of technology, constantly trying to increase teaching efficacy using different applications. Chronicle has emerged as a product of choice for teachers across the US. Over a thousand teachers have downloaded and used the first paid version of the App during the last two years.

Driven by our passion for supporting teachers, the Chronicle team had a new gift for teachers – a fully functioning free Chronicle Cloud. We added many new features, including cloud backup and sharing right from the App.

We look forward to partnering with teachers, schools, and school district administration to build the Chronicle further into the world’s most widely used app for teachers!