Solstice Terms of Service
Updated and Effective Dec 15, 2022
Acceptance of Terms
Kennedy Technology Group INC ( SOLSTICE) provides the Service to you subject to the following Terms of Service (“TOS”), which may be updated by Solstice from time to time without prior notice to you. Unless explicitly stated otherwise, any new features that augment, change or enhance the current Service, including the release of new Solstice services, shall be subject to these TOS. You can review the most current version of the TOS at any time, to which you will be subject from the date of their publication on the site at https://www.solsticeapp.org/terms-of-service.
In addition, when using components of the Service, you and SOLSTICE will be subject to any applicable guidelines or rules that may be posted on this Site from time to time. All such guidelines or rules are hereby incorporated by reference into these TOS.
By accessing, browsing, and/or using the Service, you as a parent on behalf of your child or children acknowledge and represent that you have read and understood these TOS, and that you, as well as your child or children, agree to be bound by the TOS and comply with all applicable laws and regulations, including those of the United States.
You understand and agree that the Service is provided “AS-IS” and that Solstice assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, data or personalization settings. You agree with Solstice’s “Disclaimer of Warranties” described below.
Information Collection and Disclosure
Personally Identifiable Information collected about you by SOLSTICE is treated in accordance with our Privacy Policy. If you do not agree to the Terms of Service or the Privacy Policy, you must immediately cease use of the Solstice Services.
Solstice collects and analyzes data on how groups of people may use SOLSTICE solely for the purpose of improving and enhancing its Service. SOLSTICE does not analyze information on how particular individuals use the service. However, information on individual usage of the system, including but not limited to individual IP addresses, may be analyzed on a case-specific basis to resolve a technical difficulty or to assist in resolving or investigating any misuse of the Service.
In addition, SOLSTICE may provide individual usage information to your school if your school requests such information to assist in the investigation of fraudulent, abusive, or criminal activity or any other use of Solstice that violates your school’s rules or policies.
SOLSTICE requires that all users login with a Google ID, which is stored on the site, and may collect other basic information such as name, address, email, etc. depending on the needs of your school or the Service. However, your Google passwords are not kept within the SOLSTICE application/site.
This information is not given or sold to any third parties unless required by your school as part of your school’s information management efforts. These information collection, management, and disclosure practices apply to parents, teachers, administrators, and students.
If you are a parent, you agree that this is acceptable for you as well as any of your children who may use Solstice. If you are a teacher or school administrator, you agree that this is acceptable for you as well as any of your students that use Solstice. In any case, your use of the software indicates your acceptance of these terms and conditions. If you do not agree to these terms then you must stop using the software immediately.
Use Term
SOLSTICE provides a Web-based information system for managing the receipt and delivery of educationally based information (“Product” or “Software”).
Title - Title to all of the information on the Service and the Site (“Product”) remains with your school or school district (the “Client”) that wishes to deliver information to you or receive information from you (“User”). Solstice does not and will not take sole title or possession to any of the information delivered or received (“Product”).
Product Warranty - Information delivered or received through the Service or the Site (“Product”) will be subject to any warranty or disclaimer or warranties by the educational institution (“Client”) that delivers or receives the Product. You agree to deal directly with the educational institution (“Client”) regarding any and all warranty issues. Solstice therefore disclaims all warranties related to the Product, as it does not own, have title to, take possession of, or sell or transfer the Product. Only the Client does or is able to do this.
Product Release - Solstice manages the Product receipt and delivery process and has no control over the quality, accuracy or safety of the Product on the Site or through the Service or the ability of the educational institution (“Client”) to provide any particular quality, accuracy or safety with respect to the Product.
Product Use - By using this Software, you expressly agree that you will use the Client’s Product in strict compliance with all applicable laws and regulations, including any and all laws and regulations involving the rights of privacy. You agree to use the Client’s Product as it is intended to be used.
User Ability to Opt-Out. - If you are the parent or guardian of a student using Solstice’s Service or Site, and cease to agree with Solstice’s terms of use or Privacy Policy at some point in the future, you may opt-out by contacting Solstice via email or phone, which will deactivate your account and your child’s account, and obtain authorization from your school (the “Client”) to erase any personal information that has been collected. The fastest way to opt-out is to contact your school administrator.
User Obligations
In consideration of your use of the Service, you agree to:
Provide true, accurate, current and complete information about yourself at all times.
Maintain and promptly update any data to keep it true, accurate, current and complete.
If you provide any information that is untrue, or we have reasonable grounds to suspect that the information is untrue, inaccurate, not current or incomplete, Solstice may suspend or terminate your access to the Service and this Site and refuse any and all current or future use of the Service (or any portion thereof).
It is a condition of your use of this Service that you do NOT:
Impersonate any person or entity, including, but not limited to, an official of Solstice, Client (“school district or school”), a school district or school representative, guide or host, or falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
Upload, post, email or otherwise transmit any Information that is unlawful, harmful, threatening, harassing, defamatory, vulgar, invasive of another’s privacy, hateful, or otherwise objectionable;
Upload, post, email or otherwise transmit any Information that you do not have a right to transmit under any law or any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Collect or store personal data about other Users.
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in exchanges;
Upload, post, email or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or “chain letters.”
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
Interfere with or disrupt (or attempt to interfere with or disrupt) the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
“Stalk” or otherwise harass anyone; or Harm minors in any way;
User Conduct
You understand, acknowledge and/or agree:
All information, data, text, photographs, messages and other materials (“Information”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Information originated. Among other things, this means that you, and not Solstice, are entirely responsible for all Information that you send or receive via the e-mail messaging system or otherwise transmit via the Service.
Solstice does not control the Information posted via the Service and the Site and, therefore, does not guarantee the accuracy, integrity or quality of such Information.
By using the Service or the Site, you may be exposed to Information generated by other Users that may be offensive, indecent or objectionable. Under no circumstances will Solstice be liable in any way for any Information, including, but not limited to, for any errors or omissions in any Information, or for any loss or damage of any kind incurred as a result of the use of any Information posted, emailed or otherwise transmitted via the Service or the Site.
To use the Service in a manner consistent with any and all applicable laws and regulations. Specifically, you agree not to use the Service for any unlawful, offensive, harassing, or deceitful purpose, or take any action that, in Solstice’s and the Client’s sole opinion, restricts or inhibits other users from using and enjoying the Service or the Site, such as but not limited to, the use of vulgar, profane or otherwise offensive language; inappropriate aliases; committing or discussing with the intention to commit illegal activities.
Not to submit, publish, or display on the Service or the Site any defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal material; nor will you encourage the use of controlled substances. Transmission of material, information or software in violation of any local, state or federal law is prohibited and is a breach of the Terms of Services
Not to upload, post or reproduce in any manner any materials protected by copyright without the permission of the copyright owner.
Solstice does not pre-screen Information, but that Solstice and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Information that is available via the Service or the Site. Without limiting the foregoing,
Solstice and its designees shall have the right to remove any Information that violates the TOS or is otherwise objectionable.
You must evaluate, and bear all risks associated with, the use of any Information, including any reliance on the accuracy, completeness, or usefulness of such Information.
Solstice may preserve Information and may also disclose Information if permitted by the Privacy Policy and/or required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
Comply with legal process
Enforce this “TOS”
Respond to claims that any Information violates the rights of third partiesProtect the rights, property, or personal safety of Solstice, its business partners, its users and the public.
Both Solstice and your school district or school (the “Client”) reserve the right at all times to disclose any information posted by you or any other User as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in either Solstice or Client’s sole discretion are objectionable or in violation of this TOS.
Indemnity
By using SOLSTICE, you expressly agree to indemnify and hold harmless Solstice from and against any suits, losses, claims, demands, liabilities, costs, and expenses (including attorney fees) that they may sustain or incur as a result of any claim against them based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by you or by other third parties arising out of, directly or indirectly, the use of any Product, including claims based in whole or part on a claim of negligence by Solstice.
You agree to indemnify and hold Solstice harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Information you submit, post to or transmit through the Service or the Site, your use of the Service or the Site, your connection to the Service or the Site, your violation of the TOS, or your violation of any rights of another, including claims based solely or in part on the negligence of Solstice.
No Resale or Transfer of Service
We grant to you a limited, non-exclusive, non-transferable, revocable license to use the Service only for the intended purposes of the Service. You may not:
Sell, resell, transfer in any way or otherwise use or commercially exploit the Service other than by using it for its intended purposes in connection with your individual use of the Service.
Reproduce, prepare derivative works from or otherwise commercially exploit any portion of the Service for any commercial purposes outside the primary purposes of your business.
Modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Service or create derivative works based on the Service. For purposes of the TOS, “reverse engineering” shall mean the examination or analysis of the Service to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Service’s underlying technology.
The license granted to you under the TOS will automatically terminate upon termination of your account. SOLSTICE and the Client have the right to terminate the license of any User at any time for any or no reason, solely in the discretion of Solstice and Client.
Use Information and Storage
You acknowledge and/or agree that Solstice:
May establish general practices and limits concerning use of the Service, including, without limitation, the maximum number of days that messages or other uploaded Information will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Solstice’s servers on your behalf, the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, the maximum time during which your use of your Solstice account may remain inactive and the price you are asked to pay to use the Service.
Has no responsibility or liability for the deletion or failure to store any messages and other communications or other Information maintained or transmitted by the Service.
Reserves the right to log off accounts that are inactive for an extended period.
Reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Refer to the Privacy Policy for further clarifications.
Availability and Modification to Service
Solstice:
Uses commercially reasonable efforts to insure that the Services that Solstice offers at the Site are available for Client’s and User’s use; however, Solstice makes no guarantee that the Services or the Site will be available 24 hours per day, 7 days a week, or that the Services or the Site will be error-free. Errors include but are not limited to Service and/or Site interruption, server downtime, errors in coding, and malfunctions.
Reserves the right at any time and from time to time to:
Modify or discontinue, temporarily or permanently, the Service (or any part thereof) or the Site with or without prior notice
Add, delete, or modify from time to time the Service or the Site offered and will provide reasonable notice of such changes if the changes materially impact Clients’ ability to use the Services or the Site.
May, but shall have no obligation to, contact you to provide information about changes to the Service or the Site.
You agree that Solstice and/or its subsidiaries, officers, and employees shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or the Site, including any modification, suspension or discontinuance of the Service or the Site that may have been caused solely or in part by Solstice’s negligence.
Termination
You agree that:
Solstice may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service or the Site.
Solstice shall not be liable to you or any third-party for any termination of your access to the Service or the Site.
Solstice shall have no obligation following any termination, including liability based solely or in part based on negligence on the part of Solstice.
If you wish to terminate use of the Service or the Sites you may do so at any time by contacting Solstice or your school or school administrator (“Client”).
Solstice Proprietary Rights
You acknowledge and agree:
The Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Information contained in sponsor advertisements or information presented to you through the Service, Solstice partners, or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part except as expressly authorized by Solstice, Solstice partners, or advertisers.
Disclaimer of Warranties
You expressly understand and agree that:
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Solstice expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Solstice makes no warranty that:
The service will meet your requirements.
The service will be uninterrupted, timely, secure, or error-free
The results that may be obtained from the use of the service will be accurate or reliable.
The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
Any errors in the service will be corrected
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
The security mechanisms implemented by Solstice and its business partners may have inherent limitations, and you must determine for yourself that the security and performance of the service sufficiently meet your requirements.
Solstice and its business partners are not responsible for your data whether residing on our or your computers.
No advice or information, whether oral or written, obtained by you from Solstice or through or from the service or site shall create any warranty not expressly stated in the terms of service.
Limitation of Liability
You expressly understand and agree that Solstice shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages, including but not limited to, damages for loss of profits, goodwill, use, data, business interruption or other intangible losses (even if they have been advised of the possibility of such damages or result in whole or in part from the negligence of Solstice) arising or relating in any way to the service or the site.
Even if all other releases and waivers contained in this agreement are deemed inapplicable or unenforceable, your sole remedy for any claim or damage of any kind against Solstice, arising out of or relating to the service or the site shall not exceed the greater of $2,0000 or the amount the Client has paid to Solstice for access to or use of the service or site during the 12 months preceding the occurrence of the cause of action.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations may not apply to you. The Limitation of Liability section nevertheless applies to the fullest extent allowed by law.
Notice
Any notice of change of service will be shared with Clients over email and made available upon this website.
General Information
The Terms of Service and the Privacy Policy for this web site referred to herein constitute the entire agreement between you and Solstice and govern your use of the Service, superseding any prior agreements between you and Solstice.
Legal Compliance
Solstice is subject to international, national, and state/provincial regulations. These include the European Union’s General Data Protection Regulation (GDPR), U.S. state laws including the California Consumer Protection Act (CCPA), and other regulations.
How to Contact us:
If you have any questions or complaints related to these Terms of Service, please contact us at legal@kennedytechgroup.com.
Or, via standard mail:
Kennedy Technology Group Inc.
Attn: Legal Dept
21 Orinda Way #C502
Orinda, CA 94563
U.S.A.