Terms of Service
MTMOMK Terms and Conditions of Service
Last modified: 08 November 2017
Thanks for using our products and services (“Services”). The Services are provided by MTMOMK Limited (“MTMOMK”), located at 130 Lynmouth Crescent, Furzton, Milton Keynes, United Kingdom.
Using our Services
You must follow any policies made available to you within the Services.
Do not misuse our Services, for example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure or alter any legal notices displayed in or along with our Services.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Consent to Use of Data. You agree that we may collect and use technical data and related information, including but not limited to technical information about your computer or mobile device, operating system and software, peripherals, replies, comments, information, data, scripts, executable files, graphics, geo-data, and any contact information provided in connection with your use of the Tools and and any intellectual property therein, that is gathered periodically to facilitate the provision of support and other services to you (if any) relating to the Tools or used to create Updates. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
About Software in our Add-ons
We continually update our Tools to offer the best possible suite of products. We may make changes to the features or functions of Tools at any time, and we cannot guarantee that any specific feature or function will be available for the entire Subscription period. If you are not satisfied with any changes you are encouraged to contact our support team.
Updates. We may also from time to time, as we see fit, develop and provide updates for the Tools. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Certain Tools may not properly operate if you do not install all Updates. The Tools may automatically electronically upgrade the versions used on your computer system or other device. You expressly consent to such automatic Updates. Further, you agree that this Agreement (and any additional modifications of the same) will apply to any and all Updates to the Tools. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Tools.
Add-ons may be updated automatically on your device once a new version or feature is available.
MTMOMK gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Add-on as provided in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
"Student Data" is any information (in any format) that is directly related to any identifiable current or former student that is maintained by a School, and may include "educational records" as defined by the FERPA. While our Tools may need to access, or be employed by you to handle Student Data as part of providing their function, except as required by a defined scope of work inside a school support engagement, we do not take possession of or responsibility for Student Data which is owned and controlled at all times by the School.
Fees and Payments
The fees for the service are exclusive of VAT and other Taxes or levies which are imposed or charged by any competent authority.
All payment must be made in US Dollars unless otherwise agreed in writing between us.
Subscription-Based Tools. We offer ongoing access to and use of a full feature set for all of our Tools and dedicated email support for an annual subscription fee (a "Subscription"). A Subscription may be based on usage by an individual User or for the User’s domain. The Subscription will be subject to the terms of this Agreement. By signing up for a Subscription, you agree to pay the subscription fee and any other charges that may be incurred. You are entitled to access only those premium or non-trial features of the Tools for which you have a Subscription.
You can cancel the Subscription at any time by providing written notice to us. The cancellation of a Subscription will go into effect at the end of your current annual billing cycle, and you will have the same level of access to the Tool through the remainder of such billing cycle. For example, if you cancel prior to the end of the annual period, you will be charged for the entirety of the year and maintain access to the Tool through the end of the annual period.
There are no refunds for termination or cancellation of your Subscription.
Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.
Other than as expressly set out in these terms or additional terms, MTMOMK does not make any specific promises about the Services. For example, we do not make any commitments about the content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs. We provide the Services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Liability for our Services
When permitted by law, MTMOMK will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
To the extent permitted by law, the total liability of MTMOMK and its suppliers and distributors for any claims under these terms, including for any implied warranties, is limited to the amount that you paid us to use the Services (or, if we choose, to supplying you with the Services again).
In all cases, MTMOMK and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
We recognise that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer’s legal rights which may not be waived by contract.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify MTMOMK and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective no earlier than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.
These terms govern the relationship between MTMOMK and you. They do not create any third party beneficiary rights.
If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Law and Jurisdiction
This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
MTMOMK will retain your Data, if any, for a period of thirty (30) days following termination of this Agreement (the "Retention Period"). MTMOMK has no obligation to retain any Data beyond the Retention Period for any User or School. You understand and acknowledge that following expiration of the Retention Period, MTMOMK has the right to delete your Data from its servers in its sole discretion.
It is your responsibility to keep copies of your Data in other secure storage. Schools have the sole responsibility to ensure copies of Student Data are stored on their student information system or other secure storage. MTMOMK will not be responsible for any loss of Data.