1 License
1.1 By downloading the App, we grant you a personal and non-commercial, non-transferable, non-exclusive license to install and/or use the App on your mobile device. Receiving a license to the App is subject to the prior acceptance by the User of this Policy.
1.2 Users must not under any circumstances use (or authorise a third party to use) the App or this license for commercial purposes without obtaining authorisation from Mobile School.
2 User Accounts
2.1 By creating an account on the Platform and/or by downloading the App, Users acknowledge they are responsible for (non-limited):
✓ Creating and managing their account(s);
✓ Ensuring no false or misleading information is being used for the account;
✓ All use or abuse made of the account;
✓ The safe handling, storage, confidentiality and proper use of the accounts.
2.2 Users shall commit themselves to:
✓ Apply all reasonable techniques, practices and/or technology (e.g. use of strong passwords that are regularly changed) to prevent unauthorised access to the Platform and/or App by another user or third party.
✓ Notify Mobile School promptly of any such unauthorised access, and immediately employ all means to stop the misuse. Each User shall have a designated account.
✓ Not to allow any other party, or share with any party, access to the Platform and/or the App through its own account.
2.3 In case other users or third parties have access to (the personal data in) the Platform and/or the App, the Users are liable for the transactions which occur as a result of that use. We therefore strongly advise you – should you notice that someone has accessed your account –to immediately employ all means to impede further misuses (e.g. by changing their password) and to contact us as soon as possible.
3 Use of the Platform and/or the App
3.1 By using the Platform and/or the App, Users understand that data and personal information of data subjects are to be processed by Mobile School, whereby you represent and warrant that you own or have obtained all rights, consents or permissions necessary (in a privacy compliant manner) to allow us the processing of such data and/or information.
3.2 Users may not use the Platform and/or the App to transmit, distribute, or store material in a manner that Mobile School believes:
✓ Modifies, alters, tampers with, or otherwise creates derivative works of the Platform and/or the App;
✓ Reverse engineers, disassembles, or decompiles the (infrastructure of) the Platform and/or the App;
✓ Is in violation with human rights – including children’s rights – or contributes to criminal or unethical activities;
✓ Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
✓ Violates the applicable privacy legislation (such as, but not limited to, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (‘General Data Protection Regulation’), Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘e-privacy directive’) and the Belgian implementation thereof).
✓ Violates or otherwise encroaches on the rights of others, including, but not limited to, infringing or misappropriating any privacy, intellectual property, proprietary right of another (such as, but not limited to, publishing, uploading or otherwise distributing any material protected by intellectual property rights without having the necessary rights or consent to do so);
✓ Advocates or induces illegal activity;
✓ Stalks, harasses, bullies or harms anyone, including minors;
✓ Interferes with or adversely affects the application or use of the application by other customers;
✓ Uses or launches any high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access the Platform and/or the App and any other accounts, computer systems, or networks connected thereto;
✓ Monitors or crawls a system so that such system is impaired or disrupted;
✓ Conducts denial of service attacks;
✓ Intentionally interferes with the proper functioning of any system, including any deliberate attempt to overload a system by any means;
✓ Operates network services like open proxies, open mail relays, or open recursive domain name servers;
✓ Uses (manual or electronic) means which infringes any use limitations placed on a system, such as access and storage restrictions;
✓ Distributes, publishes, sends, or facilitates unsolicited mass emailing, promotions, advertising, or solicitations, including commercial advertising and informational announcements;
✓ Alters or obscures mail headers or assume a sender's identity without the sender's explicit permission;
✓ Collects or replies to messages if those messages violate this Policy; and,
✓ Is in general to be considered abnormal use of the Platform and/or the App.
4 Solution monitoring and enforcement
4.1 Users recognise that they are expected to exercise supervision and control over their accounts, the data, as well as the compliance of other users or third parties with all relevant policies and procedures.
4.2 Mobile School reserves the right to monitor and enforce, but does not assume any obligation or responsibility whatsoever in respect of:
✓ Investigating any of the Users their access to, or use of the Platform and/or the App (including the management of the accounts), or any of the third parties authorized by the Users to access the data.
✓ Notifying Users of any misuse of the Platform and/or the App or non-compliance under this Policy.
4.3 Mobile School may :
✓ Remove, disable access to, or modify any data or resource that violates this Policy or any other agreement Mobile School has with the Customer for use of the Platform and/or the App; or
✓ Report any activity that Mobile School suspects to be in violation of any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. The reporting of Mobile School may include disclosing appropriate user information and cooperating with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
4.4 In order to allow us to react swiftly in case of violations, a User who becomes aware of any violation of this Policy, should immediately notify us (info@street-smart.be). The User should subsequently provide us with assistance to stop or remedy the violation.
5 Consequences
5.1 In case you cumulatively (i) breach this Policy and (ii) refrain from timely or sufficiently responding to Mobile School in a reasonable period after being contacted about a potential breach of a policy, we can immediately suspend your access to the Platform and/or the App.
