SYLVA is an integrated learning platform (“Product”) that SYLVA is the only AI based learning platform that allows educators to create and distribute your material in one-click, deliver interactive assessments with automated grading and let students collaborate and track student learning progress.
These Terms of Service (“Terms”) apply to your access and use of CREO-SYLVA’s authoring tool and courses and assessments created through SYLVA. SYLVA services include access of the authoring tool – SYLVA and the courses and assessment including firmware,applications, software/software updates, websites, APIs, and services. (professional and expert services) and the Wolfram software. The intended to be used as-is. SYLVA is committed to ensuring that our learning product delivers the best teaching and learning experience by building dynamic course material through interactive features and built-in computable knowledge base. For that reason, we reserve the right to make changes to the product or to charge for its services, at any time and for any reason.
CREO authoring tool and the product itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it belong to SYLVA.
· SYLVA stores and processes student data that you have provided to us, by using our platform. SSL- your data is passed securely and encrypted. Course content and student data remains private and integral.
· Backups - private cloud. Backups are made during assessments to recover invaluable student work in case of internet disruptions.
1. SYLVA is committed to protecting student’s privacy
Under the Family Educational Rights and Privacy Act, once a student is 18 years old, rights to view educational records are under the student’s discretion, but identifies special situations when parents may still gain access to records once the student is 18 years old, such as when safety or legal matters are at hand.
https://www2.ed.gov/policy/gen/guid/fpco/brochures/parents.pdf
The Protection of Pupil Rights Amendment (PPRA) (20 U.S.C. § 1232h; 34 CFR Part 98) applies to programs that receive funding from the U.S. Department of Education(ED). PPRA is intended to protect the rights of parents and students.
https://www2.ed.gov/policy//gen/guid/fpco/ppra/index.html
The Protection of Pupil Rights Amendment (PPRA) (20 U.S.C. § 1232h; 34 CFR Part 98) applies to programs that receive funding from the U.S. Department of Education(ED). PPRA is intended to protect the rights of parents and students.
The primary goal of COPPA is to place parents in control over what information is collected from their young children online. The Rule was designed to protect children under age 13 while accounting for the dynamic nature of the Internet.
SYLVA will require access to the courses to have an active internet connection. SYLVA cannot take responsibility for the product not working at full functionality if you don’t have access to the internet. You may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app/browser or other third-party charges. In using the app/browser, you’re accepting responsibility for any such charges, including roaming data charges if you use the product outside of your home territory (i.e. region or country).
With respect to SYLVA’s responsibility for your use of the authoring tool CREO and published courses/assessment, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide services like enterprise cloud hosting (Google Cloud and Wolfram Enterprise Cloud) and Wolfram technology to deliver great educator and student experience, SYLVA accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the product.
SYLVA makes our best effort to keep the product updated so that it is relevant to you and/or works with operating system that you use in your computer or in the mobile device. However, we do always not guarantee the complete functionality of the product due to our dependence on underlying services provided by other service providers.
This page informs SYLVA users regarding our policies with the collection, use, and disclosure of Personal Information of the users of our Service.
a. Scope of License: CREO authoring tool for educators and SYLVA course access for students are licensed, not sold, to the educators and to the students. Your license to the authoring tool and student courses is subject to your acceptance of this Licensed Application End User License Agreement (“Standard EULA”), Your license to the CREO authoring tool and the student courses under this Standard EULA is granted by SYLVA. Any licenses seat that is subject to this Standard EULA is referred to herein as the “Licensed Application.” SYLVA (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
Licensor grants to you a non transferable license to use the Licensed Application as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sub license the Licensed Application and, if you sell your computer device to a third party, you must remove the CREO from the system before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble,attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Collect and Use Data: To offer our Service, we use personally identifiable information provided from other systems like LMS and other user data available to providers. The information we collect and use with your course access include, but not limited to, your name, email, degree details, course details, assessment and homework score. By using our Service, you agree to us sharing securely information needed by your provider to manage your care.
We work with third-party providers such as your LMS and Wolfram Mathematica and other tools. We exchange information with them to provide you information and share your information if authorized by you.
We want to inform you that whenever you use our Service, in case of an error in SYLVA we collect data and information from your computer (“Log Data”) to diagnose and fix the issue. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the authoring tool CREO when utilizing our Service, the time and date of your use of the Service, and other statistics.
You agree that Licensor may also collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the SYLVA Service unless their parent has consented in accordance with applicable law. These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
This Service may contain links to other sites to provide you with up-to-date information regarding your course and assessment results and our technology partners include Wolfram. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to student information and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country and may not be appropriate or available for use in any location. To the extent you choose to use such External Services,you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
As part of your use of the SYLVA Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. We may need to provide you with certain communications, such as messages around the course and assessments, service announcements, administrative messages and finally messages from the SYLVA forum and community. You are responsible for any messaging or data fees you may be charged by your wireless carrier if you are using any mobile platform. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.
This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED"AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED,OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify and hold harmless SYLVA or its officers, directors, employees, affiliates, agents,licensors, and contractors from and against any claims, suits, actions,demands, disputes, allegations, or investigations brought by any third party,governmental authority, or industry body, and all liabilities, damages, losses,costs, and expenses, including without limitation reasonable attorneys’ fees,arising out of or in any way connected with (i) your access to or use of the CREO Authoring Services and SYLVA courses (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you here under or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER,INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION,HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree that any dispute between you and SYLVA arising out of or relating to these Terms of Service, the CREO Authoring tool or SYLVA courses/assessments and other services like professional services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
We want to address your concerns without needing a formal legal case. Before filing a claim against SYLVA, you agree to try to resolve the Dispute informally by contacting support@sylva.ac. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or SYLVA may bring a formal proceeding.
You and SYLVA agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
You can decline this agreement to arbitrate by contacting support@sylva.ac within 30 days of first accepting these Terms of Service and stating that you(include your first and last name) decline this arbitration agreement.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States, Fremont California, or any other location we agree to.
The AAA rules will govern payment of all arbitration fees. SYLVA will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Either you or SYLVA may assert claims, if they qualify, in small claims court in Alameda County (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the SYLVA products or SYLVA Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
You may only resolve Disputes with SYLVA on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions,and consolidation with other arbitrations are not allowed under our agreement.
Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and SYLVA agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Alameda County, California. Both you and SYLVA consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the SYLVA products or SYLVA Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b)to anyone on the U.S. Treasury Department's Specially Designated Nationals Listor the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including,without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4,as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and SYLVA shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and SYLVA agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Alameda, California, to resolve any dispute or claim arising from this Agreement.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
If you have any questions about our Policy, do not hesitate to contact us.