Terms and Conditions

By clicking “I accept” or “I agree” to these Terms and Conditions (“Terms”) or using, accessing, or registering for Perceiv.io (collectively, “we,” “us,” or “Perceiv”) website, Perceiv mobile applications, or any other websites, applications, or online services that link to these Terms (collectively the “Perceiv Materials”), you are agreeing to these Terms, which is a binding contract with Perceiv.io for the benefit of itself and its affiliates.

Table of Contents

1. Introduction
2. Definitions
3. Accounts, Passwords, and Payments.
4. Perceiv Materials and Content Ownership and License.
5. Copyright Claims
6. Collections of Data
7. Termination and Suspension of Services.

1. Introduction

Please read these Terms carefully as they provide that You and Perceiv will arbitrate certain claims instead of going to court and that you will not bring class action claims against Perceiv. It is important to us that the Perceiv Materials provide you with a helpful and reliable experience. To protect our rights and yours, these Terms govern all uses of the Perceiv Materials.

Access or use of the Perceiv Materials for which you have registered or enrolled constitutes acceptance of these Terms as a binding agreement. By using the Perceiv Materials, you represent that you: (1) you are an adult (according to the rules of the country where you are located), (2) have read and understood these Terms; (2) agree to use the Perceiv Materials in compliance with applicable laws and these Terms; (3) are an authorized user; and (4) that you will be responsible for ensuring that any user authorized by you to use and access the Perceiv Materials does so in accordance with these Terms. If you are a holder of a Perceiv for Higher Education or Perceiv Enterprise Edition account, for commercial purposes, then these Terms, to the extent applicable, apply to you too. 

Furthermore, if you are an Educator Perceiv User, regardless of teaching at a private or public Institution, you represent and warrant to us that you are (i) authorized to agree to these Terms on behalf of your organization and (ii) provide consent on behalf of your Student Perceiv Users to use and access the Perceiv Materials. Additionally, as an educator, you represent and warrant that Perceiv shall be considered a School Official, as defined by FERPA, with a legitimate educational interest, and performing services otherwise provided by the educator. 

If you do not agree to these Terms, then please do not purchase a subscription, create an account, or use the services.  

Additional terms and conditions may apply to some services offered on the Perceiv Materials if we post such terms within such services or if we sign a separate agreement with you. Please contact connect@perceived.design

if you have questions about these Terms.  Perceiv is a registered trademark of Perceiv.io. 

Unauthorized commercial, corporate or other misuse of Perceiv may result in the cancellation of your account. Perceiv empowers educators to choose how much student personal information students input into the Perceiv Materials. While some Perceiv features may request student personal information, such as first name, first initial of student’s last name, a nickname or student voice, it is ultimately in the Educator Perceiv User/District Administrator’s discretion as to what information is actually provided.

Outside the US, if you are under the age of majority in your country of residence, you must review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to them.

Perceiv and the Perceiv Materials comply with (and facilitate compliance with) applicable law. We rely on consent by the Educator Perceiv User as the basis for collecting this information via the participation portion of the Perceiv Materials or through the activation of the Student Account feature. If you are a parent, guardian, or teacher and believe that your child or student under the age of 16 has provided Perceiv with personally identifiable information without your consent, please notify connect@perceived.design so that we can promptly delete the information from our servers. For more information about our privacy policy, please read here.

If you have any questions about how to use the Perceiv Materials, please contact us at: connect@perceived.design

The section headings and highlights contained below are for your convenience only, and do not have any legal meaning or effect.

2. Definitions

For purposes of these Terms: 

• “Admin Perceiv User” means a User who has administrator access to the Perceiv Materials for an Institution.
• “Educator Perceiv User” means a single, named, person of legal age who can enter into a contract in the state or country in which the User resides and in no case, is under the age of 18, and who is an instructor or school administrator who has an end-user account to use the Perceiv Materials and is not a student.
• “Institution” is defined as: a school, district, college, university or other education institution or education agency, whether public or private, that adopts or uses the Perceiv Materials.
• “Perceiv, “we” or “us”” means Perceiv.io, who provides the platform through which the Perceiv Materials are delivered.
• “Perceiv Materials” means the Perceiv website, Perceiv mobile applications, or any other websites, applications, or online services that link to these Terms.
• “Student Perceiv Users” means those Perceiv users who participate in the participant portion of the Perceiv Materials by entering a code provided by the Educator Perceiv User and accessing the lesson materials or only obtain access to a Student Account (available only in School or District License Editions) if the administrator on that account enables the Perceiv Materials the ability to do so. 
• “You” refers to an Educator Perceiv User (defined below) of the Perceiv Materials in the event that an individual Perceiv license is used (e.g. Silver, Gold, or Platinum) or the Institution (e.g. School or District), as context may require. In the event that you’re entering into these Terms as a representative of an Institution, then the Institution agrees that it will take all reasonable steps to ensure that its authorized users adhere to these Terms.

Highlights

The following are some of the key points to our Terms; however these aren’t legally binding and are meant for reference only. You should read these entire Terms along with our Privacy Policy and Privacy FAQ (the terms of which are incorporated by reference into these Terms):

1. These terms, in addition to our Privacy Policy, are the contract between you and Perceiv. If you don’t agree to these terms, don’t use Perceiv. If you break these rules, we reserve the right to cancel your subscription.
2. There may be other terms that apply to you (e.g. if we sign a separate agreement with you).
3. Regardless of the type of account you have, there are two kinds of users: Teachers (i.e. presenters) and Students (i.e. those who join lessons via codes or via a Student Account provisioned by their school/district administrator). By registering for Perceiv you’re representing that you’re an adult, that you have the ability to and, in fact, do provide consent for the child(ren) to use Perceiv, and that any child(ren) who uses Perceiv at your direction will follow the rules. 
4. Perceiv does not intend for students and/or minors to sign up to the Perceiv Materials on their own; rather, Perceiv’s features permit administrator holders of School or District licenses to enable the creation of student accounts.
5. You’re promising that if you’re representing a school or district, you’re able to agree to these terms on behalf of your organization and provide consent on behalf of students. 
6. We give teachers the power to decide what personal information students enter into the platform.
7. If you’re a minor outside the US, you should review these terms with your parent or guardian. 
8. If you think a student accidentally created an account in a way not intended for student use, email us at connect@perceived.design and we’ll delete it. 
9. For Silver, Gold, or Platinum Accounts: These are individual accounts for teachers. You can only sign up for these if: you’re an adult, currently employed by a school or district and remain employed by school or district during the term of your license. You can only use the account for access to students if you have the right to do so by your school. 
10. You cannot share accounts between two or more educators. 
11. You cannot share your password.
12. We own all the Perceiv Materials, or have the right to use third-party materials that we license. Using, sharing, distributing, or otherwise accessing the Perceiv Materials in a way that is not allowed by Perceiv’s functionalities is a violation of these Terms. 
13. When you pay for or otherwise sign up to use the Perceiv Materials, you do not own the Perceiv Materials. Rather, we grant you a license to use the Perceiv Materials for the term of your agreement.
14. While using Perceiv you may create content. You will own the content subject to the license you grant us for the content. We’re not responsible for the content that you post. We don’t guarantee the availability of your content through the platform. Similarly, we are not responsible for content provided by third parties, even if Perceiv links to the third-party.
15. You won’t try to sell or reverse engineer the Perceiv materials. Additionally, you agree not to try and scrape our website or use external forces to try and interfere with our platform.
16. You won’t infringe on other people’s IP with the material you post; won’t advertise or market for business; or, use defamatory, obscene, violent, or otherwise inappropriate language.

Terms

3. Accounts, Passwords, and Payments

1. Accounts. Perceiv has two types of accounts: individual accounts (e.g. Silver, Gold, or Platinum) or Institution accounts (e.g. School or District) as more particularly described below. All of these accounts are meant for Educator Perceiv Users. Students do not need accounts to access the Perceiv Materials; however, Student Account feature (as more particularly explained below). Additionally, Perceiv offers non-education related accounts for enterprise customers. Perceiv reserves the right to change, add, or remove the types of accounts offered and/or how they’re named at any time. 

The following refers to Educator Perceiv Users and those who are provisioned with a Student Account only.  In order to access the Perceiv Materials, you may be required to provide certain information (such as name, email, etc.) as more particularly described in our Privacy Policy. You agree that any information you provide will always be accurate and complete, and you agree to update any such information if it changes. 

1. Passwords. Accounts — whether an educator account or a student account — cannot be shared. You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Perceiv Materials and you are responsible for all activities that occur under your account(s). Furthermore, you are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you. If you become aware of any unauthorized use of your password or of your account, you agree to notify Perceiv immediately at connect@perceived.design.
2. Payments. 

• i. For Individual Licenses that are “Paid Accounts” (i.e. Gold or Platinum):
  1. Perceiv offers you the option of upgrading your Individual account to a Paid Account which would increase your storage and enable additional features for a fee. If you choose to upgrade, your account will be converted to a Paid Account and will not be subject to some of the restrictions placed on Free Accounts as described at http://Perceiv.io/pricing. We may change our subscription fee at any time, at our sole discretion, at the end of your subscription period as long as we notify you first by either emailing you to the address associated with your account or by posting on our website.
  2. The fees for your Paid Account will be billed from the date you convert to a Paid Account and on each year thereafter unless and until you cancel your account. Perceiv will automatically bill your credit card on the calendar day corresponding to the commencement of your Paid Account and annually thereafter. All fees and charges are prepaid and nonrefundable, and there are no refunds or credits for partially used periods. If payment is not received from the credit card issuer, you agree to pay all amounts due upon demand. You must provide current, complete and accurate billing and credit card information, and you agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which you shall be responsible to pay.
  3. Cancelling your account. You may cancel your Perceiv Paid Account at any time, and cancellation will be effective upon expiration of your then-current subscription term by contacting connect@perceived.design. Your Paid Account will continue until you cancel your Paid Account or we terminate it, according to the terms above. You must cancel your Paid Account before it renews in order to avoid billing of the next period’s fees to your credit card. Should you elect to cancel your Paid Account, please note that you will not be issued a refund for any previous payments.
  4. Taxes. If Perceiv has the legal obligation to pay or collect taxes for which you are responsible, including but not limited to, sales, use, transfer, privilege, excise, and all other taxes and duties that are levied or imposed by reason of Perceiv’s performance under these Terms, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.

• ii. For Institution Accounts and Enterprise Accounts: 
  1. Educational institutions are charged directly for the services. Perceiv accepts credit cards and certain other specified payment methods. This Agreement shall be renewed automatically for successive periods of one (1) year unless you provide Perceiv with a written notice to the contrary ninety (90) days prior to the end of each renewal term. Each Renewal Term shall incorporate and be governed by Perceiv’s then current pricing. 
  2. All fees and charges are prepaid and nonrefundable, and there are no refunds or credits for partially used periods. 

4. Perceiv Materials and Content Ownership and License.

1. Perceiv’s Ownership.The Perceiv Materials (including past, present, and future versions) contain Content that is owned by or licensed to us. Content means all the text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, activities, assessments, printables, pictures, video, animation, characters, audio clips, trademarks, trade names, service marks, computer code displayed on or available through the Perceiv Materials; the design, layout, look, appearance, structure, selection, coordination, expression, arrangement and graphics of such materials, all materials and other items relating to the Perceiv Materials, the Perceiv services and the Perceiv products; and any and all other forms of intellectual property. Reproduction of the Perceiv Materials or Content outside the Perceiv Materials’ functionality is prohibited. Perceiv owns all legal rights, title, and interest in and to the Perceiv Materials or Content, including any intellectual property rights, whether those rights are registered or not, and wherever in the world those rights may exist, subject to the rights of third-parties from whom Perceiv licenses Content.
2. License. Subject to your strict compliance with these Terms, our Privacy Policy, any additional terms that may be mutually agreed, and your payment of any applicable subscription fees, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable, and non-assignable license and right to access, use, reproduce, distribute, publicly perform, and display the Perceiv Materials and Content. The license does not give you any ownership or interest in any intellectual property of the Perceiv Materials or Content and you cannot otherwise use the Content or Perceiv Materials, without our express, prior, written consent. Perceiv and/or our licensors hereby reserve all rights in and to the Perceiv Services or Content (as the context may require) not expressly granted in these Terms. Except as expressly permitted in these Terms or with Perceiv prior express written consent, no part of the Perceiv Materials or Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, sold, licensed, or otherwise used for any reason whatsoever. 
3. User-Generated Content: By using the Perceiv Materials, you may provide or create contents and any other materials, information, ideas, concepts, and know-how (“User-generated Content”). Under no circumstances will Perceiv become liable for any payment to you for any information that you provide. You, and not Perceiv, are solely responsible for any User-Generated Content you make available through your use of the Perceiv Materials. Perceiv does not control the User-Generated Content hosted via the Perceiv Materials, nor does it guarantee the accuracy, integrity or quality of such User-Generated Content. Except as expressly set forth in these Terms, users shall retain all rights, including intellectual property rights, for User-Generated Content that they create with their Perceiv account, unless they enter a publishing agreement with Perceiv. You acknowledge that all posted User-Generated Content is stored on and made available through the Perceiv Materials by Perceiv’s servers and not on your device. You understand that all User-Generated Content is provided to you through the Perceiv Materials only on an “as-available” basis and Perceiv does not guarantee that the availability of the User-Generated Content will be uninterrupted or error free.
4. Although the Perceiv account owner is and remains the owner of any User-Generated Content, and data, including student content and data, submitted through the Perceiv Materials, you grant us a perpetual, irrevocable, worldwide, sub-licensable, royalty-free, and transferable right and license to use, reproduce, publish, display, modify, make derivative works of, transmit and copy your anonymized content and to additionally distribute and publicly perform your content in connection with the Perceiv Materials and Perceiv’s (and its successor’s) business, in any media formats and through any media channels for the purposes of delivering the services to you. Additionally, You grant Perceiv the irrevocable, perpetual, worldwide, sublicensable, transferrable, right to use your information solely on an aggregated and anonymized basis (“Aggregated Data”). Perceiv represents and warrants it will not use student personal information for third party marketing. Finally, You also hereby grant to each user of the Perceiv Materials a non-exclusive license to access and view your anonymized User-Generated Content as permitted by the functionality of the Perceiv Materials and these Terms. Notwithstanding the immediately preceding sentence, or anything else to the contrary, the Perceiv Materials only make your content available to others if you choose to allow it. For the avoidance of doubt, such anonymized User-Generated Content shall not include any personally identifiable information.
5. Perceiv Materials, Content Use Restrictions, and Customer Obligations. You will not and will not attempt to: (i)  license, sublicense, copy, duplicate, distribute, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, reproduce, sell, trade, or resell the Perceiv Materials or Content (including, without limitation, the reproduction, sale, trading or resale of Perceiv Materials or Content customized by other Perceiv users) without our prior written agreement; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of the Perceiv Materials are compiled or interpreted, and you acknowledge that nothing in these Terms will be construed to grant you any right to obtain or use such code; (iii) create any derivative product from of the foregoing, without our prior consent; (iv) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, or pledge as security or otherwise encumber, your rights under these Terms; (v) remove any title, trademark, copyright, or restricted rights notices or labels from the Perceiv Materials or related documentation; or (vi) share accounts. We take privacy seriously. As such, if you (or in the case of a school, district, or multi-seat license account, as administrator) learn that the license users are sharing accounts, you must notify the user that they are not to share accounts or passwords. If the user continues to share their account or password with someone else, you must notify us at connect@perceived.design within twenty-four (24) hours.  Notwithstanding anything to the contrary in this section or otherwise, the Perceiv Materials may include functionality that will allow you to create new content slides, delete slides and certain other editing functionality. These activities are permitted to the extent enabled within the Perceiv Materials, provided that such edited content is used solely for private educational purposes of the user. Perceiv reserves the right to modify or discontinue the Perceiv Materials or any version(s) thereof at any time in its sole discretion, with or without notice.
6. You will be responsible for (i) internet connectivity needed to access the Perceiv Materials; (ii) your (and in the case of a school, district, or multiple user seat license your employees, agents, members, contractors, or representatives’) compliance with these Terms and our Privacy Policy (www.Perceiv.io/privacy-policy); and (iii) your User-Generated Content (and in the case of a school, district, or multiple user seat license) your employees, agents, members, contractors, or representatives’ user-generated content, as more particularly described above.

iii. You may not use the Perceiv Materials in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of them. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Perceiv Materials. You agree not to scrape or otherwise use automated means to access or gather information from the Perceiv Materials, and agree not to bypass any robot exclusion measures we may put in place. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we believe (in our sole discretion) is false or misleading (including a profile that impersonates a third party).

1. In connection with your User-Generated Content, you further agree that you will not: (i) use material that is subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Perceiv all of the license rights granted herein; (ii) use material that is unlawful, defamatory, libelous, threatening, pornographic, obscene, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inappropriate; or (iii) post advertisements or marketing content or solicitations of business, or any content of a commercial nature.
2. We may provide various open communication tools on the Perceiv Materials for Educator Perceiv Users, such as blog comments, blog posts, chat forums, message boards, and the like. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: (i) is illegal, threatening, defamatory, harassing, degrading, intimidating, fraudulent, racist, and pornographic or contains any type of inappropriate or explicit language; (ii) infringes any trademark, copyright, trade secret, or other proprietary right of any party; (iii) attempts any type of unauthorized advertising; or (iv) violates any applicable law or regulation.
3. Content created by Third-Parties. 
4. The Perceiv Materials provide the ability for Educator Perceiv Users to create their own content that can be shared to third-parties. You acknowledge and agree that Perceiv is not responsible and shall have no liability for the content created by Perceiv Educator Users. You hereby acknowledge that you may be exposed to content  from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the Perceiv Materials, and further acknowledge that Perceiv does not have any obligation to monitor such content  for any purpose. Furthermore, as a teacher and/or educator, you hereby acknowledge that you will review content that others may provide or share with you, prior to sharing or showing it to your students. However, we reserve the right at all times to determine whether content is appropriate and in compliance with these Terms, and may pre-screen and remove content  at any time if such content  is found to be in violation of these Terms and Conditions or is otherwise objectionable.
5. Additionally, the Perceiv Materials may access third-party services through API’s or links to third-party providers. You acknowledge and agree that Perceiv is not responsible and shall have no liability for such third-party sites and services, products or services made available through- them, or your use of or interaction with them.  Whether the third-party content appears within our Services (such as in an embedded video player, including but not limited to YouTube *), or you leave our Services to view the content on another website, the third party is in control of and independently produces, maintains, and monitors the content and third-party sites. When you watch third-party content that is made available through the Services or navigate to such third-party sites, you become subject to the third party’s terms of use and privacy policies. You should review the privacy policies of these third-party sites for their policies and practices regarding the collection and use of your information as their policies may differ from ours. We do not accept any responsibility or liability for the privacy practices of third parties.
6. Wireless Features. Use of Perceiv’s mobile applications requires usage of data and messaging services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees, messaging fees and any other fees that your wireless service carrier may charge in connection with your use of the Perceiv Materials.
7. Rights to Process Data. You represent and warrant that you have the proper authority to designate and, as a result of engaging with the Perceiv Materials do hereby designate,  Perceiv a “school official”. Perceiv will be under your direction with respect to the use and maintenance of personally identifiable information and education records, and we may use personally identifiable information and education records only as set forth under these Terms
8. Please note: if an Institutional Account requires additional privacy agreements to be executed, please email: vendorforms@Perceiv.com. 

5. Copyright Claims

Perceiv respects the intellectual property rights of others and requires that the people who use the Perceiv Materials do the same. It is our policy to respond promptly to claims of intellectual property misuse. Our procedures for responding to alleged copyright infringement are consistent. Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any material misrepresentations when making or countering a copyright infringement claim.

1. If you believe that your work has been copied and is accessible on the Perceiv Materials in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Perceiv to locate the material (e.g., URL).

Information reasonably sufficient to permit Perceiv to contact you, such as name, postal address, telephone number, and, if available, an email address at which you may be contacted.

1. Include the following statement: “I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law.” 
2. Include the following statement: “The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” 
3. A physical, electronic or digital signature, in a form reasonably acceptable to Perceiv, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Send the written communication to the following contact: Perceived Design, B-202 Chethana Maple, Sarjapur, Bengaluru, Karnataka 560035 

 Send electronically-signed communication to Connect@Perceived.design.  

6. Collection of Data. 

1. Perceiv’s Privacy Policy, at http://Perceiv.io/privacy-policy (the “Privacy Policy”), describes the collection, use and disclosure of data and information (including location and usage data) by Perceiv in connection with the Perceiv Materials. The Privacy Policy, as may be updated by Perceiv from time to time in accordance with its terms, is hereby incorporated into these Terms and Conditions, and you hereby agree to the collection, use and disclose practices set forth therein.
2. We reserve the right to anonymously track and report a user’s activity inside of the Perceiv Materials using non-personally identifiable information as more fully discussed in our Privacy Policy. We will not advertise or market to students who use Perceiv, nor will any student information collected by Perceiv be shared with third parties for advertising and marketing purposes. For teachers, Perceiv may send marketing emails to the address associated with the account. In addition, Perceiv may use targeted advertising on third party sites. Moreover, Perceiv will send out emails to teacher-users who may be eligible for a contest, sweepstakes, survey, or similar promotion that Perceiv may host. Perceiv does not run these types of promotions for students. 

7. Termination and Suspension of Services. 

We may, at our sole discretion, suspend or terminate your access to all or part of the Perceiv Materials with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. 

If you have any questions or comments about these Terms and Conditions or our Privacy Policy, you can contact us at: connect@perceived.design.