SchoolDrive User Terms

By using the products, software, services and websites of Solware Informatikai Kft. (address: Gödöllő 2100, Kard u. 10., company registration number: 13 09 125775, tax number: 12384114-2-13) hereinafter referred to as the "Services of the Service Provider"), you accept the following terms and conditions, as well as any other policies, guidelines and amendments you may have received from time to time (collectively, the "Terms"). The Terms may be amended in the future, and an updated version of this Agreement is available at https://www.schooldrive.net/shared/terms/en/user_terms.html.

  1. Use of Services

    The Service Provider allows you to use the services of the Service Provider, provided that you are entitled to sign a binding contract based on your age, and there are no legal obstacles to using the services. In order to access certain services, it may be necessary to provide up-to-date and accurate personal data, contact details or other information during registration and / or further use of the Service Provider's services. You are responsible for maintaining the confidentiality of the password associated with your account and for all activities that occur under that account. You agree to notify the Service Provider immediately of any unauthorized use of your password or account or any circumvention of the security system. The Service Provider shall not be liable for any loss or damage resulting from the inaccuracy of the data sent or the insecure storage of the password.

  2. Appropriate conduct

    You agree that all information, data, text, software, music, sound, photos, graphics, messages, videos and other materials ("Content") may be the sole responsibility of the person from whom the Content originates. The Service Provider reserves the right to preview, mark, filter, reject, modify or relocate any Content available through the Service Provider's services without obligation.

    You agree that you are responsible for your own actions and for the Content you create, transmit or display while using the Service Provider's services or as a result thereof. You agree to use the Services of the Service Provider only for appropriate purposes in accordance with the law, in compliance with the provisions of the Terms and all other relevant regulations and directives. You agree that you will not engage in any activity that adversely affects or disrupts the Service Provider’s services, servers, or networks connected to the Service Provider’s services. We encourage you to report any activity or Content that does not comply with the Terms at abuse@schooldrive.net

    In addition to this Agreement, use of certain Service Provider Services is permitted only in accordance with the policies and guidelines applicable to those Services, which are set forth separately in this Agreement.

    You agree to comply with local regulations regarding online activity and acceptable content, including data export regulations.

  3. Privacy Policy

    For information about our privacy practices, go to the privacy policy at https://www.schooldrive.net /shared/terms/en/privacy.html . By using the Service Provider's services, you agree that the Service Provider may access, retain and disclose your account information and the Content associated with that account if required by law or in good faith that the retention or disclosure of the information is reasonably necessary to: (a) compliance with applicable laws, regulations, legal procedures or enforceable governmental requests; (b) compliance with the Terms, including the investigation of such alleged violations; (c) the detection, prevention or other treatment of abuse or security or technical issues (including filtering of unsolicited messages) or (d) protection against factors directly or endangered by law that directly endanger the rights, property or security of the Service Provider, the Service Provider's users or the public.

    You agree that (including the Content) the technical processing and transmission of the Service Provider's services may involve (a) transmitting data over various networks and (b) making changes to meet the technical requirements of related networks, devices or services.

  4. Property rights
    1. Service Provider Rights

      You agree that the Service Provider's services and all software required to use them (the "Software") contain data owned and confidential by the Service Provider that is protected by applicable laws and conventions (intellectual property and other). You further acknowledge that Content received through the Services of the Service Provider is subject to legal protection: copyrights, trademarks, service marks, patents or other proprietary rights and laws may apply to them. You agree that you may not modify, solicit or lend, sell, distribute or use the Content, the Service Provider’s services and the Software in whole or in part.

      Subject to the Terms, the Service Provider grants you a personal, non-transferable, and non-exclusive right and license to use the object code of the Software, provided that you may not perform (or allow any third party) to copy or modify or create a derivative product. You may not decompile, disassemble, or otherwise attempt to access, source, transfer, assign, sublicense, or otherwise transfer any rights in the Software, except as provided by The Service Provider has the express written permission, or it is expressly permitted or required by law. You agree not to use modified versions of the Software, including (but not limited to) versions intended to gain unauthorized access to the Service Provider's services. You agree that you may use the Service Provider's services only through the interface provided by the Service Provider for accessing the Service Provider's services, unless you have express written permission to do so.

      You agree that you will not use, copy, imitate, or incorporate any trademark, service mark, trade name, or product name in a manner that is likely to mislead customers without the express permission of the Service Provider. You further agree not to remove, obscure, or alter any copyright notices, trademarks, or proprietary notices of the Service Provider or any third party that may be associated with the Service Provider's services or the Software in any way (attached, included in, or otherwise associated with, the Software).

    2. User Rights

      The Service Provider does not claim ownership rights over the Content sent, made available or presented in or through the Service Provider's services, nor does it claim any supervisory authority over it. You or, as the case may be, the licensee shall retain possession of all patents, trademarks and copyrights sent, made available and presented in or through the services of the Service Provider. It is your responsibility to protect these rights. In the case of Content intended to be made available to the public, sent, made available and presented in or through the Service Provider's services, you provide the Service Provider with a non-exclusive, free license worldwide. In possession of this, the Service Provider is entitled to copy, adapt, modify, publish and distribute the Content through the Service Provider's services for the purpose of presenting, distributing and advertising the Service Provider's services. The Service Provider reserves the right to repeatedly publish the Content sent, made available or presented in or through the Service Provider's services, or to use it in connection with any of the services provided by the Service Provider. Furthermore, the Service Provider reserves the right to refuse to receive, send, display or transmit any Content at its sole discretion.

      You agree and warrant that you have all rights, authority and authority over all Content submitted to you to grant all rights set forth herein.

  5. The Software and Automatic Updates

    Use of all Software from the Service Provider is subject to the Terms and the end user license agreement included with that Software. The Software may automatically send the version number or other status information and may automatically download updates to the Software to update, improve or further develop the Service Services. This can include downloading bug fixes, fix packs, enhanced features, missing plug-ins, or a new version.

  6. Copyright and trademark policies

    It is our policy to respond to all allegations of alleged violations in accordance with applicable law and to terminate multiple infringers' accounts.

    Any use of the Service Provider's protected names, trademarks, service marks, emblems, domain names and other recognizable trademarks is permitted only as described in the Terms.

  7. General practice of use and storage

    You agree that the Service Provider shall not be liable or liable for the deletion or loss of the Content and communication elements stored or transmitted through the Services of the Service Provider. You agree that, although the Service Provider has not set an upper limit on the sending and receiving of data through the Service Provider's services, you reserve the right to impose a restriction at any time, even without notice, in its sole discretion.

    If you stop using the services of the Service Provider, the Service Provider will close the account and the contents of the account will no longer be available.

  8. Resale

    You agree not to copy, reproduce, sell or redistribute any of the Service Provider's services, unless otherwise specified in the Terms, or as authorized by a separate written contract.

  9. Service changes

    The Service Provider reserves the right to modify or temporarily or permanently discontinue the Service Provider's services (or any of their components) at any time, even at regular intervals, without prior notice. You agree that the Service Provider shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service Provider's services.

  10. Termination

    You may stop using the services of the Service Provider at any time. You agree that the Service Provider may terminate access to the Service Provider's services, revoke the Terms, or suspend or terminate the account at any time and for any reason, even during the period without using the account. In the event of termination, your account will be disabled and you may not be able to access the Service Provider's services, your own account, files, or other content stored in the user account. Terms 10 (Termination), 13 (Indemnification), 14 (Exclusion of Warranty), 15 (Limitation of Liability), 16 (Exceptions and Limitations) and 19 (including Enforcement, Partial Invalidity and Expiry) will remain in effect after expiration or termination.

  11. Advertisements

    Some of the Service Provider's services are maintained by advertising revenue, so they may display advertisements and product demonstrations during use. The target audience of such advertisements may be searched on the basis of the content of the data stored in the services of the Service Provider, but also on the basis of searches performed through the services of the Service Provider or other data. The nature, manner and quantity of advertisements sent by the Service Provider may change. In return for your use of the Service Provider's services, you agree that the Service Provider may place such an advertisement, however, the Service Provider shall not be liable in any way if you are harmed by the advertisers present in the Service Provider's services or in business with them.

  12. Links

    The Service Provider's services or third party materials may contain links to other Internet sites (www) or resources. As these may be sites independent of the Service Provider, you agree that the Service Provider is not responsible for the availability of such external sites and resources, and therefore does not approve the Content, advertisements, products and other materials available on such sites or resources. In addition, you agree that the Service Provider shall not be liable in any way, directly or indirectly, for any damage allegedly or actually caused by (or in connection with) the use of the Content, Product or Service available through such website or resources.

  13. Indemnification

    You agree with, defend and indemnify the Service Provider and all its subsidiaries, officers, agents, employees, advertisers, licensees, suppliers and partners (collectively, the "Service Provider and its Affiliates") against any third party claim that is related to your use of the Service Provider's services, violation of the Terms or any action related to the Service Provider's services, including any claims, losses, (actual or consequential) damages, litigation, court decisions, litigation costs and legal fees, etc. In such a case, the Service Provider will notify you in writing of such claim, lawsuit or action.

  14. Exclusion of Warranty

    YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT THE FOLLOWING:

    1. YOU USE THE SERVICES OF THE SERVICE PROVIDER AT YOUR OWN RISK. THE SERVICES OF THE SERVICE PROVIDER ARE AVAILABLE "AS IS" AND "AS AVAILABLE". THE SERVICE PROVIDER AND ITS PARTNERS SPECIFICALLY DISCLAIM - TAKING ADVANTAGE OF ALL OPPORTUNITIES PROVIDED BY LAW - ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING - BUT NOT LIMITED TO - IMPLIED FOR COMPLIANCE WITH THE ACCURACY OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF COMPLIANCE WITH THE LEGISLATION.
    2. THE SERVICE AND ITS PARTNERS DO NOT WARRANT THAT (i) THE SERVICE PROVIDED MEET YOUR REQUIREMENTS, (ii) THE SERVICE PROVIDER SERVICES WILL BE AVAILABLE UNINTERRUPTED, ACCURATE, SECURE, OR ERROR-FREE, (iii) the RESULTS FROM SERVICES USE ARE ACCURATE OR RELIABLE, (iv) ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS OBTAINED THROUGH THE SERVICE PROVIDER WILL MEET THE REQUIREMENTS AND THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE FROM THE USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE PROVIDER'S SERVICES TO YOUR COMPUTER OR OTHER DEVICE, OR FOR LOSS OF DATA.
    4. NO WARRANTY OR INFORMATION OBTAINED FROM THE SERVICE PROVIDER OR THROUGH THE SERVICES OF THE SERVICE PROVIDER, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, WHICH IS NOT SPECIFICALLY INCLUDED IN THE TERMS.
  15. Limitation of Liability

    YOU ARE HEREBY EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE PROVIDER AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR STRONGLY UNLAWFUL DAMAGES, INCLUDING - BUT NOT LIMITED - PROFITS, GOODWILL, OPERATION, DATA OR OTHER DAMAGES ARISING FROM LOSS OF INTANGIBLE ASSETS (EVEN IF THE SERVICE PROVIDER OR ITS PARTNERS HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH SUCH DAMAGES), THE SOURCE OF WHICH IS: (i) THE USE OR AVAILABILITY OF THE SERVICE PROVIDER'S SERVICES; (ii) COSTS OF PURCHASING REPLACEMENT GOODS AND SERVICES, THE PURCHASE OF WHICH IS JUSTIFIED BY THE SERVICE PROVIDER'S SERVICES OR GOODS, DATA, INFORMATION OR SERVICES, MESSAGES RECEIVED OR TRANSACTIONS PROVIDED OBTAINED THROUGH THE SERVICES; (iii) UNAUTHORIZED ACCESS OR MODIFICATION OF YOUR TRANSMISSION OR DATA; (iv) THIRD PARTY COMMUNICATIONS OR BEHAVIOR IN THE SERVICE PROVIDER; OR (v) ANY OTHER MATERIAL RELATING TO THE SERVICE PROVIDER.

  16. Exceptions and Limitations

    NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY CONDITION, LIABILITY, RIGHT OR OBLIGATION WHICH MAY NOT BE LAWFULLY EXCLUDED. IN SOME JURISDICTIONS CERTAIN WARRANTIES AND CONDITIONS CANNOT BE EXCLUDED, OR EXCLUSION OR LIMITATION OF LIABILITY BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS OF YOUR FAILURE TO DAMAGES ARISING OUT OF, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED. ACCORDINGLY, FROM THE LIMITATIONS IN SECTIONS 14 AND 15 (ABOVE) SHALL ONLY THOSE APPLY WHICH ARE IN ACCORDANCE WITH THE LAWS APPLICABLE TO YOU, WHILE SERVICE PROVIDER'S LIABILITY IS SUBJECT TO THE MAXIMUM LIMITATION PERMITTED BY LAW.

  17. No third party beneficiary

    You agree that, unless specifically stated in the Terms, you may not be a third party beneficiary of the Terms.

  18. Warnings

    You agree that the Service Provider may send informational alerts, including notifications of changes to the Terms, by e-mail, regular mail, or announcements in the Service Provider's services.

  19. General information
    1. Entire agreement. The Terms (including all regulations, policies and supplements you receive on a regular basis) together constitute a living contract between you and the Service Provider relating to your use of the Service Provider's services, overriding any previous contracts you have entered into with the Service Provider for using the Service Provider. If you acquire or use certain Services, additional services, or third-party content or software, you may be subject to additional terms and conditions.
    2. Enforcement and Forum. The legal system of the Republic of Hungary and the applicable Hungarian legislation shall govern the terms and conditions and the relationship between you and the Service Provider. If the parties are unable to settle the dispute by conciliation, they shall submit to the exclusive jurisdiction of the court or tribunal having its registered office in Budapest in the event of a dispute.
    3. Waiver and Partial Invalidity. If the Service Provider is unable to exercise or enforce any right or action contained in the Terms, it shall not constitute a waiver of such right or action. The parties agree that if any measure of the Terms is held to be invalid by a court of competent jurisdiction, the court shall facilitate the fulfillment of the intentions of the parties expressed in that measure, and that the remaining provisions of the Terms shall remain in full force and effect.
    4. Expiry. You agree that, notwithstanding any law or regulation to the contrary, any claim or action arising out of or in connection with the application of the Terms or the use of the Service Provider's services must be made within 1 year of incurrence, otherwise it is no longer enforceable. The section headings in the Terms are for informational purposes only and have no legal or contractual effect.

Version: September 1, 2016