NUITEQ Chorus – Terms of Use

Version Date: January 22nd, 2024

This document contains the Terms of Use (the legal terms and conditions) for the use of NUITEQ Chorus by Natural User Interface Technologies AB ("NUITEQ"), a Swedish entity with corporate registration number 556731-1344.

1. Overview

NUITEQ’s websites (“sites”) including but not limited to chorus.nuiteq.com, ansr.it, nuiteq.com, and stg.live are designed to provide information, products, and services from Natural User Interface Technologies AB.

Nothing presented here is intended to provide instructions on the use of the products supplied by NUITEQ. For specific information and instruction relative to NUITEQ's products and services, please refer to the manuals supplied with all NUITEQ products (at https://nuiteq.com/training/chorus).

2. Acceptance of Terms of Use

NUITEQ provides this information to you, subject to the following terms, conditions and notices contained or referenced herein (the "Terms of Use"), which govern use of NUITEQ's sites . By using these sites, you signify your agreement to the Terms of Use. If you do not agree to all of these Terms of Use, please do not use these sites. We reserve the right, at our discretion, to update or revise the Terms of Use, so please check back periodically for changes. Your continued use of thess sites following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

3. NUITEQ's Privacy and Cookie Policy

Information you provide through these sites are subject to NUITEQ's Privacy Policy (the “Privacy Policy” at https://www.nuiteq.com/privacy-policy). We may update or revise the Privacy Policy, so please check back periodically for changes.

NUITEQ sites may use “cookies" for the operation, measuring performance, and analytics. Please see our “Cookie Policy“ for details https://www.nuiteq.com/cookie-policy. We may update or revise the Cookie Policy, so please check back periodically for changes.

Users, Teachers, Parents, IT, and Administrators can request changes, transfers, or deletions of data by completing the form https://www.nuiteq.com/contentchange/, the personal information collected for verification is also subject to our Privacy Policy and will be deleted when the request is complete.

In the event of a breach, notice will be provided to all users and those signed up for breach notifications at https://www.nuiteq.com/breachnotifications. More details can be found in our Privacy Policy.

4. NUITEQ Feedback and Suggestions

If you give any feedback to NUITEQ, it shall be deemed that the content is not confidential. NUITEQ shall be free to use any ideas, concepts, know-how or techniques contained in your feedback for any purpose and to reproduce and disclose the information to third parties without limitation.

5. NUITEQ’s Opt-In Newsletter

Upon freely given consent, Teachers, IT, or Administrators can choose to receive NUITEQ newsletters by email. Please note that your usage of NUITEQ's electronic publication is recorded. NUITEQ shall be free to use this information for statistical evaluations and to ensure uninterrupted proper operation of this service.

6. Customer Data Retention

NUITEQ can terminate an account and delete its associated Customer Data if the Agreement is violated or if the account is deemed as inactive. An account is deemed as inactive if the following conditions are met in the order listed below:

The Chorus account has not been logged onto during the last 3 consecutive months;
The Customer and User has been notified via NUITEQ to the email address provided when creating the Chorus account at least 9 months prior to the deletion of Customer or User Data.

7. How We Safeguard Children's Privacy

We currently do not knowingly collect or use Personal Information from children under the age of 13, and we will not do so in the future without first obtaining verifiable consent from a parent or legal guardian. Should a child whom we know to be under the age of 13 send Personal Information to us, we will only use that information to respond directly to that child, seek parental consent or provide parental notice. Parent or guardian consent for necessary cookies is required to create student accounts.

NUITEQ Community Lesson Activities (“Community Lessons”) are moderated using a variety of means including but not limited to an automated bad word filter for Community Lessons, and user comments. Users can also request changes to content through https://nuiteq.com/contentchange/.

We limit personal information sharing for student accounts. For example, students cannot directly upload Community Lessons, only a single name field is allowed for student accounts, and we allow student accounts to be created with no email address.

Since students cannot directly upload Community Lessons their interactions are limited to users with Teacher accounts and those in the same group or class. There is no direct messaging in NUITEQ Chorus. We will not send NUITEQ’s Opt-In Newsletter to Students.

8. NUITEQ Chorus Community

Only Teacher accounts may upload Community Lessons. When a user chooses to share a to the NUITEQ Chorus Community the NUITEQ Chorus User Lesson Activities (“User Lessons”) stored in Amazon Web Services (AWS) Stockholm is copied and internationally transferred to AWS US West as a Community Lesson. This one off transfer may include personal information such as name and profile image. Consent is required each time Community Lessons are shared. Transfers are subject to the Amazon Data Processing Agreement (DPA) and GDPR Standard Contractual Clauses, see more details in our Transfer Impact Assessment https://nuiteq.com/chorus-tia.

Content Uploaded to the NUITEQ Chorus Community is automatically moderated for bad words in several languages including English and Spanish. Community Lessons cannot be uploaded with bad words, and comments on Community Lessons cannot be shared containing bad words.

9. Links to Third-Party Sites

These sites may contain links to other linked websites ("Linked Sites"). The Linked Sites are not under the control of NUITEQ and NUITEQ is not responsible for the contents of any Linked Sites, including, without limitation, any link contained on Linked Sites, or any changes or updates to Linked Sites. NUITEQ is providing Linked Sites to you only as a convenience, and the inclusion of such Linked Sites is not an endorsement by NUITEQ in favour of any company offering Internet services, products or services on Linked Sites.

User Lessons may be linked to or embedded in NUITEQ sites such as but not limited to a NUITEQ Stage Board (“Board” at stg.live) Page. This embedded link can open a User Lesson when the Board Page is loaded and is accessible to anyone with the Stage Board link and Password (if applicable). Stage Board User Lessons are for information and discussion only, grades for Stage Board User Lessons are not recorded.

10. No Unlawful or Prohibited Use

As a condition of your use of these sites, you warrant that you will not use these sites for any purpose that is unlawful or prohibited by the Terms of Use. You may not use these sites in any manner that could damage, disable, overburden, or impair these sites or any user of these sites, or interfere with any other party's use of these sites. You also agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party.

Any posts or comments on our community sites may not amount to harassment, libel or slander, racism or propagate hate crimes of any kind. NUITEQ shall have an absolute right to delete any posts and comments at all times. NUITEQ may also store removed posts and comments for the purpose of providing such posts or comments to the authorities.

11. Copyright Rights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on these sites, and the selection, coordination, and arrangement of such content, are owned by NUITEQ or its third-party licensors, to the full extent provided under Swedish law and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of these sites for any purposes. Nothing stated or implied on these sites confers on you any license or right under any copyright of NUITEQ or any third party.

NUITEQ's sites and the information contained in reference herein are for informational purposes only. Any reproduction or copying of any materials or design elements of these sites is strictly prohibited, without the prior written consent of NUITEQ. Requests for permission to reproduce any information contained on these sites should be addressed to Natural User Interface Technologies AB, Laboratorgränd 11, 931 77 Skellefteå, Sweden.

Notwithstanding the above, NUITEQ authorizes you to make one (1) electronic or paper copy of the information posted on any page on these sites, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on these sites. Systematic retrieval of data or other content from these sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission of NUITEQ is prohibited.

12. Notice of Copyright Infringement

Notice of claims of copyright infringement on these sites may be sent to:

Natural User Interface Technologies AB
Laboratorgränd 11
93177 Skellefteå
Sweden

NUITEQ will endeavour to remove in a timely manner any posted submission which infringes the copyright of any person under the applicable laws upon receipt of written notice and, if applicable, prosecute the submission of false statements.

13. Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, product packaging and designs of all NUITEQ or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to NUITEQ or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on these sites confers on you any license or right under any patent or trademark of NUITEQ or any third party.

14. YouTube Terms of Service

By use of the product you are agreeing to be bound by the YouTube Terms of Service as listed here: https://www.youtube.com/t/terms

15. Disclaimer of Warranties

All materials, information, products and services included in or available through these sites are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NUITEQ has made and will continue to make diligent efforts to include accurate and up-to-date information on these sites. However, NUITEQ makes no warranties or representations, express or implied, that the information contained or referenced in these sites is accurate, reliable or correct; that these sites will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. All users agree that all access and use of these sites and on any Linked Sites to these sites and/or the contents thereof are at their own risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

16. Disclaimer of Warranties

Neither NUITEQ nor any party involved in creating, producing or delivering these sites, or any Linked Sites, shall be liable in any manner whatsoever for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use these sites or any Linked Sites to these sites, or any errors or omissions in the content thereof. NUITEQ reserves the right to alter the content of these sites in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. In addition, NUITEQ expressly disclaims any and all liability related to, arising from, or connected with Linked Sites.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if NUITEQ has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, NUITEQ's liability in such jurisdictions shall be limited to the extent permitted by law.

17. Indemnification

Upon request by NUITEQ, you agree to defend, indemnify and hold harmless NUITEQ and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through these sites, your use of the sites, your violation of the Terms of Use or your violation of any rights of another.

18. Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the substantive laws of Sweden. You and NUITEQ expressly agree to submit to the exclusive jurisdiction and venue of the courts in Sweden in all disputes arising out of or relating to the use of these sites.

19. Severability and Integration

Unless otherwise specified herein, this Terms of Use statement constitutes the entire agreement between you and NUITEQ and governs your use of these sites, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and NUITEQ. If any portion of this Terms of Use statement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

20. No Waiver

The failure of NUITEQ to enforce any provisions of this Terms of Use statement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this statement or to act with respect to similar breaches.

21. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship will exist between you and NUITEQ as a result of the Terms of Use statement or your use of these sites. Nothing contained in this Terms of Use statement is in derogation of NUITEQ's right to comply with governmental, court and law enforcement requests or requirements relating to your use of these sites or information provided to or gathered by NUITEQ with respect to such use. A printed version of this Terms of Use statement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use statement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

22. Termination

NUITEQ reserves the right, in its sole discretion, to terminate your access to all or part of our sites, with or without notice.