1. Terms and definitions
1.1. Personal data – any information related directly or indirectly to a specific or identifiable individual (subject of personal data).
1.2. The website, the Mojo Digital Platform — an information system (software) located on the network “Internet” at the address https://mojo.education and its subdomains, as well as mobile applications associated with the website, which provides the ability to manage and automate processes in schools and other educational institutions, track the academic and non-academic success of students, as well as providing analytics based on data entered into the system.
1.3. The subdomain of the Platform — the address located on the network “Internet” on a domain name http://mojo.education designed for individual access to the Personal Account to the functionality of the Platform for the Client and its Users.
1.4. The company — VOCÁBULO INÉDITO UNIPESSOAL LDA, NIF: 517216400, Rua da Carvalha, 570, 2400-441 Leiria, Portugal.
1.5. Client, School or Educational Institution — an organization engaged in educational activities using the Platform with which the Company has entered into an Agreement on granting the right to use the digital platform "Mojo".
1.6. User — a person using the Platform according to the assigned role model of the User (Administrator, Teacher, Student, Parent) who has gained access to the Personal Account.
1.7. Service — products and services (including technical support) provided to the User as part of the operation of the Platform in accordance with this Regulation.
1.8. Administrator — an individual who provides organizational and administrative support for the operation of the Platform on behalf of the Client, as well as ensuring interaction with the Platform of Users with other roles.
1.9. Teacher — an individual who performs the duties of teaching Students / providing other services to Students (depending on the nature of the contract concluded with the customer of services for providing access to the Platform).
1.10. Student — an individual who has gained access to the Platform and uses its functionality with the knowledge and consent of his parents (legal representatives).
1.11. Parent — an individual who has gained access to the Platform for the purpose of reviewing and accepting the terms of this Agreement, obtaining information about the Student's use of the Platform and the Student's academic performance. For the purposes of these Regulations, a Parent is understood to be the legal representative of a minor (parent, adoptive parent or guardian of a minor) who acts on behalf of the minor and in his interests.
1.12. Profile — a User account containing data about him and having a set of authorized access rights to the Platform modules.
1.13. Personal Account — a section of the Platform available to the User after logging in to it. The specific set of technical features and the order of their use depends on the role model of Users (Administrator, Student, Parent, Teacher) and the settings made by the Client's Administrator.
1.14. Authorization — the procedure for granting access to sections of the Platform based on the role model after passing the authentication procedure and identifying the User in the Platform using unique User identifiers (login and password).
1.15. Content — all materials uploaded or created by Users on the Platform, presented in digital form, multimedia and interactive forms, including images, videos, audio recordings, texts, assignments, graphs and other materials, including those representing composite works, as well as tools that help determine the level of knowledge, skills, and abilities, assessment of Students' competencies and achievements.
1.16. User device — an electronic device that is a PС (including, but not limited to: personal computer, laptop, tablet computer, mobile phone), with which access to the Platform is carried out.
1.17. Support Service — a department of the Company that organizes technical support for Users.
2. General Terms
2.1. This User Agreement (hereinafter referred to as the Agreement) applies to all Users, as well as their personal data, which VOCÁBULO INÉDITO UNIPESSOAL LDA, a company registered in accordance with the legislation of the Portugal at the address: Rua da Carvalha, 570, 2400-441 Leiria, NIF: 517216400 (hereinafter – the "Company") it can be received from the User during the use of the site by users http://mojo.education , its subdomains, Internet services, services, participation in advertising and marketing campaigns or promotions and/or other interaction with the Company.
2.2. Unless otherwise specified, this Agreement applies to persons who: (a) visit our Website, (b) use the Mojo software (Platform) through the Website or mobile application; or (c) use any other, current or future, online or offline programs, software or offers developed by The company.
2.3. This Agreement is a public offer and applies to all Users of the Platform after authorization in it.
2.4. By joining this Agreement, the User confirms that the data provided by him belongs to him personally and/or the User is the Parent of the Student.
2.5. This Agreement regulates the procedure for the User to gain access to the Platform, the terms of use of the Platform by the User, restrictions on the use of the Platform, the terms of suspension and termination of the use of the Platform.
2.6. The Company reserves the right to amend or supplement this Agreement at any time without prior or subsequent notice. The User undertakes to independently monitor changes to the Agreement, get acquainted with the current version of the Agreement on the website http://mojo.education and independently bear the risk of such ignorance. Continued use of the Platform by the User after making changes and/or additions to this Agreement means acceptance and consent of the User with such changes and/or additions.
2.7. In case of disagreement with this Agreement and the changes made by the Company to the Agreement in the manner specified in clause 2.6 of this Agreement, the User undertakes to stop using the Platform, delete any materials posted by him on the Platform.
3. Rules for granting access to the Mojo Platform
3.1. Access to the Platform is made through Authorization in accordance with the procedure provided for in this Agreement.
3.2. In order to use the functionality of the Platform, after signing the Agreement on granting the right to use the Mojo digital platform, the Support Service sends an e-mail notification to the Administrator (or other authorized person of the Client) about the creation of the Client's personal account in the Platform, containing a link to the Personal Account, according to which the Administrator creates a password. For security purposes, an additional authentication factor may be requested. If the Client had access to the Platform before signing the Agreement (for example, as part of studying the demonstration capabilities of the Platform), the Company reserves the right to leave the Personal Account and subdomain previously used by the Client.
3.3. By activation letter, the Client's Administrator (or another person authorized by the Client) logs in to the Platform. Upon activation, the Client's Administrator (or another person authorized by the Client) assumes full responsibility for the safety of access information (login and password) to the Platform, including compliance with all measures to ensure the security of his login and password, as well as for all actions performed using the User's login and password.
3.4. After Logging into the Platform, the Administrator enters User data (to create accounts according to the role models "Teacher", "Student", "Parent" provided for in the Platform).
3.5. When creating User accounts (Teacher, Student, Parent), the Administrator specifies the following information: last name, first name, patronymic (if any); date of birth; email address; contact phone number and other data necessary for the Client to carry out his activities on the Platform. The Administrator guarantees and assures that all information provided to the Company is provided in compliance with the requirements of the Client's local legislation on Personal Data Protection.
3.6. Regarding to each Account, the Administrator, using the functionality of the Platform, generates automatic electronic messages sent to users to the email addresses specified by the Administrator when entering User data.
3.7. Users (Teachers, Students, Parents) click on the link they received in electronic messages from the Platform. When clicking on this link, Users (Teachers, Students, Parents) must set a personal password in accordance with the technical requirements of the Platform for password complexity. For security purposes, an additional authentication factor may be requested via another communication channel.
3.8. In order for the Student to enroll for studying to the Client, the Parent (or the Student, if he reaches the age of 14, and has the right to register an account and use the Platform independently within the legal capacity established by applicable law) can independently register on the subdomain of the Platform provided by the Company to the Client, as well as register the Student, legally of which he is a representative.
3.9. When registering a user in accordance with clause 3.8., it is carried out at the email address. To register, you must enter your last name, first name and/or patronymic, phone number, email address, and enter your password twice (the second time to confirm). The password must be at least 8 characters long and must contain characters of at least three groups (small Latin letters, large Latin letters, numbers). The password cannot contain spaces (including beginning and ending with them). After performing the actions specified in this paragraph, a message with a confirmation code will be sent to the email address.
3.10. At the first Authorization, the User is obliged to check the accuracy of his data: last name, first name and patronymic, contact information. In case of errors or inconsistencies in some of the data, contact the Administrator.
3.11. When using the Platform, the User undertakes to:
— provide reliable, complete and up-to-date data, monitor their updating;
— inform the Client and the Company about unauthorized access to the Profile;
— not to provide access to other persons to your Profile or to certain information contained therein in the event that this may lead to a violation of the Client's local legislation and/or this Agreement.
3.12. All actions in the Platform performed under the User's Profile are considered to be performed by the User.
3.13. The Platform may act as an electronic platform for the provision of another type of service — providing access to the platform for informational purposes with the capabilities of the Platform.
3.14. If access to the Platform is not provided on the basis of an Agreement with the Client, then registration and/or authorization on the Platform may be carried out in another way at the discretion of the Company, or provided for by an agreement concluded between the Company and the customer of the services. In this case, the Users who have received their usernames and passwords are subject to the relevant applicable provisions of this Agreement, including those set out in paragraphs 3.1, 3.5−3.12 of this Agreement.
4. Mojo Platform Usage Rules and User Support
4.1. After the User receives access to the Platform in accordance with clause 3.1. of the Agreement, depending on the role model, the Company provides the User with the following Services:
a) providing access to the Platform, including access to functional modules. The full list of available modules is available on the website https://mojo.education;
b) providing user support;
4.2. The Client's Administrator sets up a role model for User access to the functional modules of the Platform and is responsible for the inclusion or exclusion of individual modules in the User's Personal Account.
4.3. The Company provides Users with 24-hour access to the Platform via the Internet, including electronic support tools, to enter and view information to ensure the necessary level of access security and maintenance breaks.
4.4. In case of detection of any defects, errors and/or deficiencies in the Platform, the User can contact the Administrator. The Client's administrator can contact the company's Support Service using the following communication channels:
— using the technical capabilities of the Platform;
— by e-mail: support@mojo.education.
4.5. In order to avoid making uncoordinated changes to the Client's Personal Account, the Company accepts requests only from the Client's Administrators. The exception is the requests related to the violation of the security of User and Customer data.
4.6. By sending a message on the Platform or by e-mail, the User expresses his consent to the processing of Personal Data in accordance with the purposes specified in the Privacy Statement.
4.7. The Company is not responsible in case of direct or indirect financial or other losses of Users caused by temporary inactivity of the Platform for the following reasons: planned or unplanned technical and preventive work, technical failures on the Internet on the side of providers, computer networks, servers and facilities, as well as illegal actions of third parties, intentional, unintentional (including careless) actions of the User himself and/or force majeure circumstances.
4.8. The User is obliged to immediately notify the Support Service of any security violation related to access to the Platform committed using the User's login and password without his knowledge and consent. The Company does not assume responsibility for any consequences of a security breach, including loss or damage of data that occurred as a result of authorized access by third parties to the Platform using the User's username and password.
4.9. The Company provides automatized means to restore the User's password. At the same time, the Company reserves the right to restrict the use of these funds, as well as temporarily or completely suspend their operation. The Company is not responsible for the loss of information for accessing the Platform caused by the User's fault, as well as for any consequences that may arise as a result of this.
4.10. The Company has the right, at its sole discretion and without special notice or warning, to restrict the User's access to the Platform or take other measures against the User who violated the terms of this Agreement, or the legally protected rights of third parties in the event of a reasoned complaint from them.
4.11. By using the Platform, the User undertakes not to violate the information security of the Platform, namely:
a) not to attempt to verify the vulnerability of the Platform's security system, not to violate the procedure for accessing the Platform defined in this Agreement;
b) not to attempt to interfere with the use of the Platform by other users, which includes the spread of computer viruses, data b) not to attempt to interfere with the use of the Platform by other users, which includes the spread of computer viruses, data damage, constant sending of repetitive information, sending e-mail through the site server, simultaneously sending a large number of e-mails and/or requests to the Platform and/or to the Support Service in order to intentionally disable the Platform building and similar actions that go beyond the normal intended use of the Platform, which can lead to failures in the operation of the Platform;
c) not to send materials to other users of the Platform to which they did not give their consent, "spam", any letters and advertisements without the Client's permission;
d) not to imitate and/or fake any TCP/IP packet header or any part of the header in any email or material posted on the Platform;
d) use or attempt to use any software or procedures for navigation or search in the Platform, in addition to built-in Platform search engines and traditional public and browsers (Microsoft Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Yandex Browser, and other similar).
4.12. The User is prohibited from:
a) Downloading, posting, transmitting via the Platform and/or any other method of publishing texts, programs, images or materials that violate the requirements of Client's local legislation.
b) Upload, post and/or transmit through the Platform and/or any other method of publication texts, programs, images or materials promoting terrorist activities or inciting ethnic, racial or religious discord, as well as displaying or promoting violence or death, containing a description or image of harm to minors in any form, including any form of pornography.
c) Upload, post and/or transmit, using the software tools of the Platform or any other method of publication, texts, programs, images or materials containing obscene materials and information in any form encouraging illegal actions, including gambling, illegal sale of weapons or drugs.
d) Commit or permit the commission of criminal or destructive acts prosecuted in accordance with the Client's local legislation.
e) Upload, store, use or transmit any advertising information using the Platform (including not posting links to advertising resources on the Platform), descriptions of fraudulent schemes, network marketing schemes (MLM), earning systems on the Internet and so on.
f) Impersonate another person or a representative of an organization and/or community, as well as mislead other Users.
g) Collect and store data of other Users outside the Platform in manual or automated mode, except in cases approved by the Administrator and/or the Client.
h) Interfere with the operation of the Platform in any way, including creating, distributing or using computer programs or other computer information intended for unauthorized destruction, blocking, modification, copying of computer information or neutralization of computer information protection tools, as well as intended to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs (computer viruses), for unauthorized access.
j) Post information on the Platform (documents, materials, images and other results of intellectual activity) that violate (may violate) the rights of authors (copyright holders), relevant intellectual property results, including posting links to resources on the Platform that violate (may violate) the rights of authors (copyright holders), relevant results intellectual property.
4.13. Other Services may be provided to the User if they are established in the contract with the service customers.
5. Intellectual Property
5.1. The Platform is an object of exclusive rights and is protected in accordance with the legislation of the Portugal on intellectual property.
5.2. The Platform provides functionality for posting Content on the Platform created by the User, subject to compliance with the requirements specified in the current Client's local legislation and/or this Agreement.
5.3. When using the Platform, it is prohibited to download, transfer between Users, modify or post materials, information, data or images that violate the exclusive rights of third parties, in particular, copyrights and related rights, as well as exclusive rights to any intellectual property objects (results of intellectual activity).
5.4. The User has the right to publish and/or post on the Platform only those information (including profile picture, comment text and attached photos (materials, documents, audiovisual works, graphic design and other information)) that do not violate the current Client's local legislation, this Agreement and/or any rights of third parties. If the information posted by the User is an object of copyright or includes it, the User guarantees that he has the right to such use in accordance with the current Client's local legislation.
5.5. The User guarantees that the Content posted on the Platform does not violate legally protected property and (or) personal non-property rights and legitimate interests of third parties, including exclusive intellectual property rights, and does not contain information, the dissemination of which is prohibited by the current Client's local legislation. Content containing information that encroaches on the honor and dignity, rights and legally protected interests of third parties is not allowed to be posted on the Platform.
5.6. The Company reserves the right at any time to require the User to provide information (documents, materials) confirming the reliability of the guarantees specified in clause 5.5 of the Agreement, and the User is obliged to provide relevant information (documents, materials) within a reasonable time.
5.7. The User is responsible in accordance with the current Client's local legislation in case of violation of intellectual and/or exclusive rights of third parties, in particular copyright and related rights, as well as exclusive rights to any objects of intellectual property (results of intellectual activity).
5.8. The Company reserves the right to block (delete) any information, Content and/or link to any resource posted by the User that violates the intellectual and/or exclusive rights of third parties, including copyrights and related rights, at the request of the copyright holder or without such, without obtaining additional consent of the User, and also without additional notification to the User.
5.9. The User acknowledges and agrees that the Company is not obliged to view information, Content of any kind and/or links to any resources containing Content posted by the User using the Platform, as well as that the Company has the right (but not the obligation) at its sole discretion, to refuse the User to post and/or distribute information, Content and/or links to any resources containing Content within the framework of the Platform functionality, or to remove any materials (information, Content and/or links to any resources containing Content). The User understands and agrees that he must independently assess all risks associated with the use of the Content posted by the User.
5.10. In case of receipt of claims (claims) to the Company related to the User's publication of Content on the Platform and/or violation of any rights of third parties related to such publication, the User will independently and at his own expense settle these claims (claims).
5.11. In case the Company is held liable as a result of satisfying claims (claims) related to the User's publication of information and/or Content and/or links to any resources containing Content on the Platform and/or violation of any rights of third parties related to such publication, the User undertakes to compensate in full losses (damage) caused by the Company within the time limit set by the Company.
6. Final Regulations
6.1. For non-fulfillment of the terms of this Agreement, the parties are responsible in accordance with the current Client's local legislation, the terms of this Agreement.
6.2. Disputes between the Company and Users are resolved through negotiations and in a pre-trial (claim) procedure. The recipient of the claim shall, within 30 (thirty) calendar days from the date of its receipt, notify the claimant in writing of the results of the claim review.
6.3. If it is impossible to resolve the dispute through negotiations or in a pre-trial (claim) procedure, either Party has the right to apply to the court for protection of their rights, which are granted to them by the current Client's local legislation.
6.4. Clients and Users are solely responsible for compliance with the requirements of the SanPiN, federal state educational standards and other regulatory legal acts applied in their activities when working with the Platform.
6.5. The User uses the Platform at his own risk. All Platform Services are provided "as is". The Company does not assume any responsibility, including for compliance with the goals of the User of the Services or the Platform as a whole.
6.6. Any information and/or Content that the User accesses using the Platform, the User can use at his own risk and is solely responsible for the possible consequences of using the specified information and/or Content, including for damage that this may cause to the User's Device or third parties, for data loss or any other harm.
6.7. The Company is not responsible for any kind of losses that occurred as a result of the User's use of the Platform or its individual parts (Services), as well as for the use of any information and/or Content posted (published) on the Platform, including in the case of Users clicking on external resources through links posted on the Platform.
6.8. The Company is not responsible for the reliability, legitimacy and security of information, materials, recommendations and services posted on external resources, including links to which are posted on the Platform.
6.9. The relations under this Agreement are governed by the legislation of the Portugal. The applicable law is the law of the Portugal.
6.10. By logging in or registering on the Platform, the User confirms his unconditional agreement with all the terms of the Agreement.
