Effective date August 16, 2024
This ClassSwift Terms of Service (“Agreement”) is entered into by ViewSonic Corporation, with its head quarter located at 10 Pointe Drive, Brea, CA 92821, USA (“ViewSonic” or “We”) and the entity or person placing an order for or accessing the Service (“Customer” or “you”). This Agreement consists of the terms and conditions set forth below and any Orders. If you are accessing or using the Service on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” reference your company.
The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to the Service through any online provisioning, registration or order process or (b) the effective date of the first Order. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement. ClassSwift may modify this Agreement from time to time as permitted in Modifications to Agreement.
Purchase from Reseller: If Customer purchases the Service from an authorized reseller of ViewSonic (“Reseller”), Customer’s use of the Service will be governed by this Agreement, subject to Reseller Orders below.
Welcome to ClassSwift!
Thanks for using our ClassSwift products and services (“ClassSwift” or “Services”). The Services are provided by ViewSonic under these Terms”).
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services.
This service and its accounts are only for users who are 18 years of age or older, or the age of majority as defined by local laws, unless the minor user's account is activated by their respective school or educational institution. In such cases, the aforementioned school or educational institution must have informed the minor user about the relevant privacy matters of this service and obtained prior written consent from the minor user's legal guardian. If you are a minor and your account is not properly activated by any aforesaid school or educational institution, you should not apply for an account and you should not use our Services, and we may suspend, delete or deactivate your account or stop providing our Services to you at any time and at our sole discretion or if we are investigating suspected misconduct.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend, delete or deactivate your account or stop providing our Services to you at any time and at our sole discretion if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services may, but are not required to, provide or display links or tiles for access to content provided by third parties (“Third Party Content” and “Third Party Provider”). Any Third Party Content shall be the sole responsibility of its corresponding Third Party Provider; ClassSwift disclaims any liability, endorsement, or affiliation with third party content or Third Party Provider. By using our Services you agree that you use or access any Third Party Content and Third Party Provider at your own risk and discretion. We do not review or moderate any Third Party Content. However, we may, but are not required to add, revise, remove, provide or display any link or tile for accessing any Third Party Content at our sole discretion without prior notification to you.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your ClassSwift Account
You will need a ClassSwift Account in order to use our Services. You may create your own ClassSwift Account, or your ClassSwift Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a ClassSwift Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account.
To protect your ClassSwift Account, keep your password confidential. You are responsible for the activity that happens on or through your ClassSwift Account. Try not to reuse your ClassSwift Account password on third-party applications.
Al Function
Nature and purpose of processing: In order to improve efficiency, user experience, and take care of routine tasks as part of your creative process, ViewSonic offers certain AI-supported functionalities within the Advanced plan of ClassSwift product, includes but not limited to the class record analysis feature and teaching resource feature. Our aforesaid AI features are not available to users who subscribe to our basic service plan or any plan without AI features. Our aforesaid AI features are available to the aforesaid users when they switch to our paid service plan or any plan with AI features, and are also available to users who subscribe to our paid service plan or any plan with AI features.
In order to provide those AI-supported features, ClassSwift sets the following types of personal data:
User Content: ClassSwift collects and processes content you provide, including input, uploads, and feedback, to enhance your interaction with our services. This may encompass various forms of data contains but not limited to text, audio, image, and handwriting.
Usage Data: ClassSwift gathers information on how you use our services, including content interaction, feature usage, and activity metrics. This usage data, which aids in service improvement and issue resolution, is devoid of personally identifiable information.
Roles:
A User manages roles, settings, and policies, and has the authority to modify or remove User Content. ClassSwift as a service provider, handles your data solely based on your directions, service agreements, and legal requirements.
Utilization of User Content:
To continuously improve the AI-powered features of our services by fine-tuning our underlying models which empower ClassSwift and for research purposes, we may use your content. We also aggregate or anonymize personal data, ensuring that it cannot identify you, and use this aggregate or anonymized data to enhance our service offerings and perform analytical studies, adhering to privacy regulations and standards.
Legal basis: We process user content (including user-generated data) only with your consent pursuant to Art. 6 (1) (a) GDPR. If you have given us consent, you can opt-out on the UI.
Recipients: Recipients of user content are either ViewSonic or third-party service providers who help with our data processing. Our AI models are either in-house or sourced from external parties. To support our business functions and certain ClassSwift features, we may pass user content to partners like hosting services, customer support, cloud computing, email systems, web analytics, and IT services. These providers act as our data processors and only handle user data as per our instructions, strictly within the scope of their services for us.
Third country transfer: We may transfer user content to third party service providers (e.g. OpenAI, and cloud service providers like Azure) in order to complete the user request. ClassSwift might share limited data with those service providers for the above purposes and to monitor compliance with codes of conduct . Any transfer of personal data to third countries is conducted based on Art. 44 et seq. GDPR, i.e. we ensure that there are appropriate safeguards such as an adequacy decision or Standard Contractual Clauses in place for the transfer. Upon request, we will provide you more information hereto.
Storage period: We store the data as long as you use the Software Product. If there is another contract contains about storage period agreement, we will delete personal information according to agreement.
Or if you wish to delete your account please send you request via
Provision mandatory or required: The provision of your personal data is voluntary. Without the provision of your personal data, we cannot grant you access to our AI-supported features.
Privacy and Copyright Protection
Our privacy policies for ClassSwift explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree to our aforesaid privacy policies and that we can use your personal data in accordance with our privacy policies. Please visit the below link for details regarding our aforesaid privacy policies: https://www.classswift.viewsonic.io/policy.
We may respond to notices of alleged copyright infringement and may at our sole discretion terminate or suspend accounts of infringers according to our policies or the applicable laws or regulations; otherwise, you shall not use or shall not continue using our Services.
ViewSonic offers certain AI-supported functionalities within the ClassSwift product, includes but not limited to the class record analysis feature and teaching resource recognition feature. To continuously improve the AI-powered features of our services by fine-tuning our underlying models which empower ClassSwift, and for research purposes, we may use your content. We also aggregate or anonymize personal data, ensuring it cannot identify you, to enhance our service offerings and perform analytical studies, adhering to privacy regulations and standards.
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give ViewSonic (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
If you have a ClassSwift Account, we may display your Profile name, Profile photo, and actions you take on ClassSwift or on third-party applications connected to your ClassSwift Account (such as +1’s, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your ClassSwift Account. For example, you can choose your settings so your name and photo do not appear in an ad.
You can find more information about how ClassSwift uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
ClassSwift gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by ClassSwift as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ClassSwift, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Payment and Subscription
We may provide and offer ClassSwift under paid services which users may choose to purchase. These include one-time purchases and subscriptions with periodic renewals.
We only offer refunds when required by law. You can cancel your paid subscriptions at any time, which will end further charges starting from the next billing cycle.
Your paid subscription remains in effect until it's cancelled or terminated. If you don't pay for your paid subscription on time, we reserve the right to suspend it or remove paid features.
Reseller Orders
This Section applies to any access to ClassSwift purchased by Customer through a Reseller. (a) Commercial Terms. Instead of paying ViewSonic, Customer will pay applicable amounts to the Reseller as agreed between Customer and the Reseller. Customer’s order details (e.g., scope of use and fees) will be as stated in the Order placed by the Reseller with ViewSonic on Customer’s behalf. The Reseller is responsible for the accuracy of such Order. ViewSonic may suspend or terminate Customer’s rights to use the Service if it does not receive the corresponding payment from the Reseller. If Customer is entitled to a refund under this Agreement, ViewSonic will refund any applicable fees to the Reseller and the Reseller will be solely responsible for refunding the appropriate amounts to Customer, unless otherwise specified. (b) Customer Relationship with ViewSonic. This Agreement is directly between ViewSonic and Customer and governs all use of ClassSwift by Customer. Resellers are not authorized to modify this Agreement or make any promises or commitments on ViewSonic’s behalf, and ViewSonic is not bound by any obligations to Customer other than as set forth in this Agreement. ViewSonic is not party to (or responsible under) any separate agreement between Customer and Reseller and is not responsible for the Reseller’s acts, omissions, products or services. The amount paid or payable by the Reseller to ViewSonic for Customer’s use of ClassSwift under this Agreement will be deemed the amount paid or payable by Customer to ViewSonic under this Agreement for purposes of Section 11 (Limitations of Liability).
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Service Levels
This Service Level Agreement (“SLA”) for ClassSwift provides supplementary information about availability, maintenance and response and recovery times for ClassSwift Software as a Service (“SaaS”) provided by ViewSonic. The terms of this SLA, are a part of and shall be subject to the End User License Agreement (“EULA”) and the Terms of Service (“TOS”) which you have been provided, have read, have reviewed and have agreed to at the time you first install or first use the SaaS. Please read this SLA carefully - If you have questions or comments about this agreement, please contact your account manager or ClassSwift Support.
Please visit the full length of Service Levels Agreement here.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms, neither ViewSonic nor ViewSonic’s suppliers or distributors make any specific promises, warranties or undertakings about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs.
We PROVIDE THE SERVICES “AS IS”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Limitations of Liability
When permitted by law, ViewSonic, and ViewSonic’s suppliers and distributors, will not be responsible for lost profits, revenues, time or data, financial losses or indirect, special, consequential, exemplary, or punitive damages, damage to any property or equipment arising from or related to the use of the Services.
To the extent permitted by law, the total liability of ViewSonic, and ViewSonic’s suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
In all cases, ViewSonic, and ViewSonic’s suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract in the aforesaid applicable countries.
Using our Services as Entities
If you are using our Services on behalf of an entity, you agree and shall ensure that the said entity accepts these terms And that the said entity will hold harmless and indemnify ViewSonic and ViewSonic’s affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms by you and/or the said entity, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Use of Youtube API
ClassSwift features use the YouTube API for searching and embedding videos, as such, by agreeing to ClassSwift Terms and Conditions you also agree to YouTube's Terms of Service (https://www.youtube.com/t/terms).
Modifications to Agreement
We may modify this Agreement (which may include changes to Service pricing and plans) from time to time by giving notice to Customer by email or through the Service. Unless a shorter period is specified by us (e.g., due to changes in the Law or exigent circumstances), modifications become effective upon renewal of Customer’s current Subscription Term or entry into a new Order. If we specify that the modifications to the Agreement will take effect prior to Customer’s next renewal or Order and Customer notifies us of its objection to the modifications within 30 days after the date of such notice, We (at our option and as Customer’s exclusive remedy) will either: (a) permit Customer to continue under the existing version of this Agreement until expiration of the then-current Subscription Term (after which time the modified Agreement will go into effect) or (b) allow Customer to terminate this Agreement and receive a refund of any pre-paid Service fees allocable to the terminated portion of the applicable Subscription Term. Customer may be required to click to accept or otherwise agree to the modified Agreement in order to continue using the Service, and, in any event, continued use of the Service after the updated version of this Agreement goes into effect will constitute Customer’s acceptance of such updated version.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship solely between ViewSonic and you for the Services. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of California, U.S.A., excluding California’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Brea, California, U.S.A., then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Brea, California, USA, and you and ClassSwift consent to personal jurisdiction in those courts.
For information about how to contact us, please visit our Contact Us page.