Terms of Service

Last updated: 8^th January 2024

Your relationship with Vibbl

Your use of the website vibbl.co.uk and the Vibbl App (“the Sites”) and any Vibbl software and services, provided to you on or from or through the Sites (the “Service”) is subject to the terms of a legal agreement between you as a user of the Service and Vibbl Limited (Company Number 12340071), whose registered office is at 1 Grange Crescent, Sunderland, Tyne And Wear, United Kingdom SR2 7BN (“Vibbl”).

Your legal agreement with Vibbl is made up of (A) the terms and conditions set out in this document, and (B) Vibbl’s Privacy Notice (the “Terms”).

- The Terms form a legally binding agreement between you and Vibbl in relation to your use of the Service. It is important that you take the time to read them carefully.
Accepting the Terms
- Use of the Service, without further act, binds you to the agreement referenced in Section 1.3 above. If you do not wish to be so bound, do not use the Service.
- You should print off or save a copy of the Terms for your records.
- If you are under the age of 18, you confirm that your parent or guardian has reviewed and agreed to the Terms. If you don’t get your parent or guardian to read and agree to the Terms, you don’t have permission to use the Service
Changes to the Terms

Vibbl may, in its sole discretion, modify, amend or revise these Terms at any time, and you agree to be bound by such modifications or revisions without any actual notice to you. Although Vibbl may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. Your use of the Website after such modification, amendments or revisions, whether or not you have been notified of the same, constitutes your acceptance of the revised terms.

Users of the Service

Teachers

If you are a teacher accessing the Service on behalf of a school or other similar educational institution (the “school”), the following terms apply to you:

You agree that you are acting on behalf of (or have received all necessary permission from) your school to enter into these Terms and to register and use the Service. Only teachers who are current employees of the school may use the Service on the school’s behalf. Upon termination of your employment with the school, you must return and cease using all login details and student access you have in your possession.
In order to access some features of the Service, you will have to create an account for yourself and on behalf of the students. When creating these accounts, you must provide accurate and complete information. It is important that you must keep the account login information secure and confidential. You may not transfer your account details to anyone else without our prior written consent.
If you are creating student accounts in the classroom for students to enable them to login to their accounts or otherwise allowing students to use the Service, you will be responsible for obtaining parental consent under UK data protection legislation (if the student is aged 13 or under – this age may vary based on where you are located. You should check your local laws to determine the relevant age in your country). You are also responsible for reviewing any content submitted by your students (regardless of age) and for ensuring it complies with our Terms.

You must notify Vibbl immediately of any breach of security or unauthorised use of your account or a students account that you become aware of.

Students

If you are a student accessing the Service at the invitation of a teacher or other school official, the following terms apply to you.

Only students who have been invited, or given access to the Service, by their teacher may use the Service. You may not access or use the Service unless you are invited or given access to the Service by a teacher or your school (including creating your student account on your behalf to allow you to login using your email address and a password of your choice).
We request minimal personal information to be provided from students to use the Service. Please see our privacy notice for more information.
Please do not provide any personal information about yourself to us, other than what we request from you when you to use the Service or as directed by your parent, teacher or school.
If the student is aged 13 or under (this age may vary based on where you are located and you should check your local laws to determine the relevant age in your country) Vibbl requires that teachers or schools get parental consent before using the Services. If you are aware that Vibbl is collecting information from a student under 13 without parental consent, please contact us immediately at [email protected] and we will delete the data,
General restrictions on use
- Vibbl hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part. You agree not to:
  - distribute or permit subdistribution of all or any part or parts of the Sites or the Service, in any medium without Vibbl’s prior written authorisation in each instance;
  - alter or modify any part of the Sites or any of the Service;
  - circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service
  - use our Sites:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see paragraph 6 below).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  - You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Service.
  - The Service is available for non-commercial use and should only be used for educational purposes.
  - You acknowledge and agree that Vibbl may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Vibbl’s sole discretion, without prior notice to you.
  - You agree that you are solely responsible for (and that Vibbl has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Vibbl may suffer) of any such breach.
- Content
  - In the course of using the Service, you and other users may provide or post certain content or information including, but not limited to, feedback, activities, photos, videos, drawings, journals, documents, music, messages sent between between students, teachers and parents (“Content”), which may be used by Vibbl in connection with the Service and which may be visible to certain other users.
  - You (or the school, as the case may be) retain all of your ownership rights in the Content, but you are required to grant limited licence rights to Vibbl and other users of the Service. These are described in paragraph 7 of these Terms. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organise such Content through tools and features made available through any of our Service are not proprietary to you – rights to such templates or layouts will remain with Vibbl.
  - You understand and agree that you are solely responsible for your own Content and the consequences of uploading or publishing it. Vibbl does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Vibbl expressly disclaims any and all liability in connection with Content.
  - You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Vibbl to use your Content for the purposes of the provision of the Service by Vibbl, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
  - Content must not:
    - Contain any material which is defamatory of any person.
    - Contain any material which is obscene, offensive, hateful or inflammatory.
    - Contain sexually explicit material.
    - Contain or promote violence.
    - Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    - Infringe any copyright, database right, trade mark or right of privacy of any other person.
    - Be likely to deceive any person.
    - Impersonate any person or misrepresent your identity or affiliation with any person.
    - Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
    - Promote any illegal activity.
    - Be made or used without obtaining the prior written consent of any data subjects who appear in any Content.
    - Contravene any school policies.
  - You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Vibbl to use or possess in connection with the provision of the Service. You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Vibbl the licence referred to in paragraph 1 below.
  - Vibbl has no duty (unless applicable laws or regulations provide otherwise) to prescreen, control, monitor or edit the Content. However, on becoming aware of any potential breach of these Terms, Vibbl reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content, permanently delete same and/or terminate a user’s access for uploading Content which is in breach of these Terms at any time, without prior notice and at its sole discretion.
  - You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Vibbl with respect to any such Content.
- Rights you Licence
  - When you upload or post Content, you grant:
    - to Vibbl, a worldwide, royalty-free, perpetual, non-exclusive licence to use, copy, disclose, distribute, incorporate and otherwise use such Content for the purposes of (i) displaying the Content within the Service (ii) allowing other users to share the Content subject to your privacy choices; and (iii) allowing Vibbl to use the Data in anonymous form for research purposes and (iv) archiving or preserving any Content for disputes, legal proceedings or investigations.
    - subject to Vibbl’s rights to delete the Content, to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
  - Vibbl content on the Sites

With the exception of Content submitted to the Service by you, all other content on the Service is either owned by or licensed to Vibbl, and is subject to copyright, trade mark rights, and other intellectual property rights of Vibbl or Vibbl’s licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Vibbl or, where applicable, Vibbl’s licensors. Vibbl and its licensors reserve all rights not expressly granted in and to their Content.

Third Party Links
- The Service may include hyperlinks to other web sites that are not owned or controlled by Vibbl. Vibbl has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
- You acknowledge and agree that Vibbl is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that Vibbl is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Termination
- Vibbl may suspend, disable, or delete your account (or any part thereof) or block or remove any Content you submitted if Vibbl determines that you have breached any provision of this Agreement or that your conduct or Content would tend to damage Vibbls reputation and goodwill.
- Vibbl may at any time immediately and without notice to you terminate its legal agreement with you if:
  - you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms);
  - Vibbl is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
  - Vibbl is no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
  - the agreement between Vibbl and the organisation or entity that pays for the availability of the Service to you is terminated for any reason.
- You may delete your account at any time but if you are a student you must first contact your school. Accounts may be deleted from the Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least twelve (12) months. Premium package accounts will remain active until the end of the subscription term and any renewal term. Deletion of an account does not imply that Vibbl does not have the right to, or in actuality shall, retain your data.
- If you (or the school as the case may be) have signed up to a Freemium package the Content submitted via the Service will automatically be deleted (without your prior consent) after a set period of time as agreed between Vibbl and the school and you shall have no ability to retrieve such Content from the Service unless you upgrade to a Premium Package.
- When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Vibbl have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
Exclusion of Warranties
- Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
- The Service is provided “as is” and Vibbl makes no warranty or representation to you with respect to them.
- In particular Vibbl makes no representations or warranties:
  - that the Vibbl Service will be permitted in your jurisdiction;
  - that the Vibbl Service will be uninterrupted or error-free;
  - concerning any content submitted by any member;
  - concerning any third party’s use of content that you submit;
  - that any content you submit will be made available on the Vibbl Service or will be stored by Vibbl;
  - that the Vibbl Service will meet your business or professional needs; or
  - that Vibbl will continue to support any particular feature of the Vibbl Service.
- No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
Limitation of Liability
- Nothing in these Terms shall exclude or limit Vibbl’s liability for losses which may not be lawfully excluded or limited by applicable law.
- Subject to the overall provision in paragraph 1 above Vibbl shall not be liable to you for:
  - any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
  - any loss or damage which may be incurred by you as a result of:
    - any changes which Vibbl may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
    - the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
    - your failure to provide accurate account information;
    - your failure to keep your password or account details secure and confidential.
  - The limitations on Vibbl’s liability to you in paragraph 2 above shall apply whether or not Vibbl has been advised of or should have been aware of the possibility of any such losses arising.
  - Other than the losses set out in clause 2 (for which Vibbl is not liable) Vibbl’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, shall in all circumstances be limited to the greater of the total fees paid by you or on your behalf during the 12 months immediately preceding the date on which the claim arose or [£100].
- Compliance with Data Protection Legislation

You agree that you shall have sole responsibility for the legality, reliability, integrity, appropriateness, accuracy and quality of the data, information or material provided or uploaded to the Vibbl Service taking into account all applicable data protection legislation as amended from time to time.

Complaints arising under this Agreement
- Any complaint must be handled in accordance with Vibbl’s complaints procedure. Complaints must be made in writing to 1 Grange Crescent, Sunderland, Tyne And Wear, United Kingdom SR2 7BN and must contain the following information:
Full name and email address;
A full description of the complaint made and whether this is against Vibbl or another user of the Service.
- Vibbl will acknowledge receipt of the complaint within 7 days and will request clarification of any matters contained in the complaint within 21 days thereafter. Vibbl will deal with the complaint and issue a decision within 3 months from the date the complaint was received. In reaching that decision, Vibbl will:
Investigate the complaint as it sees fit;
Obtain advice (where it is appropriate to do so) from an appropriate professional.
- If Vibbl cannot make a decision within 3 months then it will notify the complainant explaining the reasons for the delay and when they can expect to be able to make a decision.
- Vibbl will notify the complainant of its decision in writing no later than 15 days after the decision was made together with any further action that it intends to take to resolve the complaint. There is no right to appeal this decision.
General Legal Terms
- You agree that Vibbl may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service but is not obligated to do so.
- You agree that if Vibbl does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Vibbl has the benefit of under any applicable law), this will not be taken to be a formal waiver of Vibbl’s rights and that those rights or remedies will still be available to Vibbl.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with Vibbl under the Terms, shall be governed by English law. You and Vibbl agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Vibbl shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any juris

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