TERMS AND CONDITIONS OF USE OF THE ART2BIT PLATFORM AS SAAS

1. Description of the ART2BIT PLATFORM

The ART2BIT PLATFORM is owned by the company JOVI, S.A. with registered office at Avda. Compositor Bizet 39-41, 08191 Rubí, Barcelona with Spanish Tax Identification Number (NIF) A-08060279. It is part of an educational robotics project that promotes critical thinking through its proprietary C.R.E.A. methodology, based on guided activities developed to guarantee and promote the learning of computational thinking through the arts, problem solving and the curricular content of the educational stage in a cross-cutting way in the various STEAM areas. It does all this through the use of JOVI’s proprietary technological product marketed under the name “JOVI BIT”. JOVI offers these services remotely for use by the SCHOOL to which the USER belongs as “Software as a Service”, hereinafter referred to as SAAS.

Access to and reproduction and use of the ART2BIT PROJECT (consisting of the ART2BIT PLATFORM and the JOVI BIT PRODUCT, jointly referred to as THE ART2BIT PROJECT) requires prior acceptance of the terms and conditions of use in force at any time. JOVI reserves the right to modify these terms and conditions of use whenever it deems appropriate, and will publish the new terms and conditions in subsequent Platform updates.

We inform the USER that some personal data of teachers and students who will use this platform and register as USERS will be collected and processed through the ART2BIT platform.

The sole purpose of the processing of the personal data of USERS (teachers and students) is to provide USERS with the educational robotics services of the ART2BIT platform and manage the SCHOOL’s relationship with JOVI to resolve any doubts, queries and technical problems that the SCHOOL may have concerning the use of the ART2BIT platform.

Prior to contracting the usage license for the ART2BIT platform, the SCHOOL received all the necessary information to understand the service and JOVI's ART2BIT educational robotics PROJECT. It checked and verified the suitability of the service for its SCHOOL’s educational needs, and it has the necessary environment and internal resources for teachers and students to use ART2BIT.

2. Definitions

The terms used in these conditions must be interpreted in accordance with the ordinary and usual meaning of the words. The following definitions are agreed upon to avoid any double meaning: 

• Service(s): This means the educational robotics services provided by JOVI through the ART2BIT platform, which the SCHOOL’s STUDENTS and TEACHERS (USERS) access through a remote connection.

The Services include maintenance and upgrades to the ART2BIT platform that may be implemented by JOVI.

• JOVI Technology: This means all of JOVI’s proprietary technology (such as but not limited to software, hardware, products, processes, algorithms, user interfaces, knowledge and processes, know-how, techniques, designs and other tangible or intangible technical materials or information) whose functionalities are made available to the SCHOOL by providing the ART2BIT Service as SAAS. 

• Authorised User: This refers to THE SCHOOL’s TEACHERS and STUDENTS, selected, designated and authorised by THE SCHOOL to access the ART2BIT platform and services.

• Access Codes: This refers to the codes (username, user code, password, icon or other forms of User identification) necessary to access and use JOVI’s ART2BIT Services.

• Students: This refers to the students/pupils of the SCHOOL in question who will participate in the JOVI ART2BIT educational robotics project, whose data will be stored and processed on the ART2BIT platform. 

• ART2BIT Data: This refers to any data, information or material that THE SCHOOL or USERS transmit or upload to the ART2BIT Service when using it.

• Technical Documentation: Any technical manuals, downloadable software, solution files and artistic documents, in any medium, provided by JOVI to the SCHOOL in relation to the ART2BIT Services. 

• JOVI BIT product: A new category of artistic and technological products comprising conductive tempera, conductive paste and electronic elements such as the boards, sensors, wiring, powerbank, micro:bit and other elements included in the JOVI BIT product kits from JOVI. 

• Subscription Details: This means the particular terms and conditions set out in the ART2BIT service offer accepted by THE SCHOOL and JOVI. 

• Subscription Period: The period of time during which THE SCHOOL AND ITS USERS can access the ART2BIT service, stated in the subscription details (offer).

• Fee: this means the annual amount payable by the SCHOOL for the use of the ART2BIT service.

3. Users’ obligations and responsibilities

The ART2BIT platform may be accessed and used exclusively by the USERS (teachers and students) of the SCHOOL in question that has contracted the platform.

For informative purposes, the USER types or profiles that exist in the ART2BIT platform are as follows. The functionalities and accesses allowed by the ART2BIT platform depend on the permissions set by the application for each of the following user profiles:

• Student user profile: in general they have access to:
• Managing their own personal data and image
• Participating in the educational robotics activities planned for their class
• Seeing their academic results/assessments/marking
• Teacher user profile: in general they have access to:
• Carrying out the academic management of the students enrolled in their classes and carrying out the robotics activities to be performed
• Managing their own personal data
• Assessing students according to the criteria defined by the platform (multiple-choice test, individual and group self-assessment, and observable items) and the criteria decided by the teaching staff
• Accessing the academic results of the students in their classes
• Monitoring robotics classes to see which students are connected
• Managing classes and groups
• Managing and monitoring access by students
• Printing out the student's personal access cards
• Manager USER profile (JOVI staff): in general they have access to:
• Platform maintenance and management tasks
• Solving technical problems
• Managing users’ data and accesses
• Managing Schools’ data

To use the platform, it is an indispensable requirement for USERS to register and access ART2BIT with the username (e-mail address in the case of teachers and a 3-digit user code in the case of students) and password (an icon in the case of students) that will be provided for this purpose, and to expressly accept these Terms and Conditions of Use and the Privacy Policy.

With regard to users/students who are minors, the consent/acceptance of their parents/legal representative is deemed to have been obtained when they enrolled in the SCHOOL, insofar as the use of this educational platform is a service inherent to the contracting of the minor’s schooling services.

USERS are responsible for any activity carried out on the ART2BIT platform with their User account, and must comply with the SCHOOL’s guidelines, as well as all laws and regulations related to the use of the ART2BIT Service as SAAS, such as but not limited to uses related to the privacy of users' personal data, electronic communications and the transmission of technical or personal data. Accordingly, USERS must diligently safeguard their user name/code and password or access icon for ART2BIT to avoid fraudulent access to the platform. USERS are responsible for the misuse of their username and password and JOVI shall be held harmless from any liability that may arise from improper access to the user account by a third party.

Likewise, the USER is responsible for the truthfulness, accuracy and updating of the information provided/registered in ART2BIT. The use of false identities and impersonation of users, in any means or form, of the identity, including access or use of their data, passwords or access codes for ART2BIT, is prohibited.

4. Licence to use the ART2BIT platform as SAAS (software as a service)

Subject to compliance with the terms and conditions of use and payment of the agreed remuneration for the use of the ART2BIT platform, JOVI grants the SCHOOL to which the USER belongs a non-transferable and non-exclusive right to access and use the ART2BIT platform as SAAS, solely for its own use and for the purpose of providing the ART2BIT educational robotics services to the SCHOOL’s STUDENTS.

By accessing and using all or part of JOVI’s ART2BIT educational robotics services, THE SCHOOL AND THE USERS in question, THE TEACHERS AND THE STUDENTS of such SCHOOLS, agree to be legally bound by these terms and conditions of use.

It is forbidden to access or use the ART2BIT platform, or any documentation or materials of the ART2BIT PROJECT, including audiovisual materials, in any manner other than as permitted by these terms and conditions of use. Such actions constitute a material breach of these terms and conditions of use and an infringement of copyright and other intellectual and industrial property rights over the software and the ART2BIT project owned by JOVI. 

Unless otherwise agreed in writing, these terms and conditions of use shall prevail over any contrary or additional provisions stated in an order or request, unless such circumstance is expressly mentioned and agreed by JOVI and the SCHOOL.

5. Obligations and responsibilities of the USERS and the SCHOOL

1. Not to license, sub-license, sell, resell, transfer, assign, disclose or make the ART2BIT PROJECT available to third parties, or commercially exploit it with third parties or provide them with access to it, in whole or in part.
2. Not to create a product, software or service with identical functionality to the Services and/or to the ART2BIT educational project and that may compete with them.
3. Not to copy any ART2BIT idea, features, functions or graphics.
4. To keep all of their Access Codes confidential, accepting responsibility for any activity carried out with their Access Codes.
   1. The SCHOOL and the USERS may only access the ART2BIT platform and the data stored in the ART2BIT platform through the use of Access Codes.
   2. For security reasons, JOVI may monitor the use of the ART2BIT service through the access codes of the USERS (TEACHERS AND STUDENTS) and will inform the SCHOOL of any suspicious use of their account that it may detect.
   3. JOVI reserves the right, after previously notifying the SCHOOL, to implement new mechanisms to verify and prevent unauthorised access.
5. To take all necessary measures to prevent unauthorised access and use of ART2BIT Services, JOVI Technology and/or ART2BIT Access Codes.
6. To immediately notify JOVI of any unauthorised use of passwords or accounts, or any other breach of ART2BIT security that comes to their attention or that they suspect.
7. To inform JOVI immediately and do everything possible to immediately stop any unauthorised use of the ART2BIT Service of which THE SCHOOL or any Authorised User (teacher and/or student) becomes aware or suspects.
8. To comply with all laws and regulations, whether local, national or international, applicable to the use of the ART2BIT Service, such as but not limited to those related to the transmission and processing of personal data.
9. Not to interfere with or affect the integrity and operation of the ART2BIT Service and the data it contains at any time.
10. Never to attempt to gain unauthorised access to the ART2BIT Service or related systems or networks.

6. Data located in ART2BIT

1. THE SCHOOL alone is responsible for the quality of the Data uploaded or transmitted by THE SCHOOL and its Authorised Users (teachers and students) on ART2BIT, with regard to their accuracy, quality, integrity and legality.
2. JOVI accepts no liability for any deletion, destruction, damage, loss or error in the storage and processing of Data located on ART2BIT caused by THE SCHOOL or its USERS (teachers and/or students) through the use of the ART2BIT Services, unless they are directly and exclusively caused by improper programming or installation of the JOVI Technology that provides the ART2BIT Services, through no act or omission by THE SCHOOL or its USERS.
3. The Data put on ART2BIT by THE SCHOOL AND ITS USERS may not be transferred or made available to third parties in any manner.

7. Warranty

1. JOVI will make every reasonably possible effort to ensure that the ART2BIT PROJECT is suitable to achieve the CURRICULAR educational objectives set for STEAM (science, technology, engineering, arts and mathematics) for the educational stage for which each of the activities is designed.
2. JOVI undertakes to do everything reasonably possible to ensure that by the end of primary school children will have a basic knowledge of block programming.
3. JOVI will also make every reasonable effort, but does not warrant that the ART2BIT Service will be uninterrupted or error-free; and it makes no warranty concerning the results that may be obtained from its use.

8. Limitation of liability

1.  To the maximum extent permitted by the applicable law, JOVI will not be liable for any indirect damages (including loss of profit or loss of goodwill) for any reason in connection with the ART2BIT PROJECT, including those arising from the use or inability to use the ART2BIT Service, or due to the results obtained through the ART2BIT Service or any interruption, inaccuracy, error or omission thereof, irrespective of whether such liability is claimed in contract, tort or otherwise.
2. Furthermore, under no circumstances will JOVI's liability in contract or tort (including negligence or others) exceed the actual amount paid by THE SCHOOL for the ART2BIT Service that gave rise to said damage prior to the date on which the damage occurred.
3.  These limitations do not apply to damages caused by wilful misconduct or negligence.

9. Intellectual and industrial property

1. JOVI holds all of the intellectual and industrial property rights related to the ART2BIT PROJECT, such as but not limited to the JOVI Technology, all of its contents, applications, the JOVI BIT product category and the user interface of the ART2BIT Service.
   
   All rights not expressly granted are reserved by JOVI.
   
   
2. The granting of the license to use the ART2BIT platform as SAAS does not imply the sale of any product, and does not grant the SCHOOL or its USERS any property right to or over the JOVI ART2BIT Service, such as but not limited to the JOVI Technology underlying the Service or any other Industrial or Intellectual Property rights held by JOVI

10. Breach. Suspension of services. Termination.

1. Each Party agrees and acknowledges that if it has materially breached these terms and conditions of use for any reason, and such breach has not been remedied within 3 months from notice of the breach, the non-breaching Party may terminate the ART2BIT platform usage licence agreement by giving the other Party written notice with immediate effect.
   Notwithstanding the foregoing, JOVI may suspend the provision of ART2Bit services as SAAS in the following cases:
   1. in the event of any fundamental breach by the SCHOOL or of its obligations, and/or
   2. in case of late payment or default in payment of any instalment for more than 3 months.
JOVI accepts no responsibility for any liability or damage suffered by THE SCHOOL OR ITS USERS as a result of such suspension in accordance with this provision.
2. If JOVI terminates the usage licence for the ART2Bit Service as SAAS on justified grounds, all of the SCHOOL’s rights to access or use the ART2BIT Service and process the data will terminate immediately. However, the SCHOOL may request a copy of its data and results of the activities within 6 months of the termination.

11. Force majeure

Neither Party will be liable for breach of or delay in the performance of its obligations hereunder if such breach or delay is due to force majeure, circumstances beyond its reasonable control.

12. Invalidity

If any provision in these terms and conditions of use is considered by a court with competent jurisdiction to be invalid, unenforceable or void, the rest of the terms shall remain in full force and effect and the excluded provision shall be replaced, insofar as possible, by a legal, enforceable and valid provision that is as similar in wording as possible to the excluded provision to the extent provided by law.

13. Applicable law and competent jurisdiction

The validity, interpretation, enforceability and performance of these terms and conditions of use shall be governed by and interpreted in accordance with the laws of Spain, without regard to its conflict-of-law principles.

In order to settle any legal disputes, the parties submit to the jurisdiction of the Spanish courts, specifically to the courts of JOVI’s domicile, excluding any other jurisdiction that may apply to the parties.