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YouHue's products and services are provided by YouHue FZ-LLC, 195, Ground Floor, Building 5, Dubai Media City, P.O. Box 73030, Dubai, United Arab Emirates ("YouHue", "Company", "we", "us", "our").
Please read these Terms of Service ("Terms") and our Privacy Policy carefully before using the YouHue apps, websites, and other domains, mobile apps, products, services and content provided by YouHue (together, the "Services"). Together they form the agreement between you and YouHue (the "Agreement"). By using or accessing the Services, you ("you" or "Subscriber") agree to this Agreement. If you don't agree, you may not use the Services.
If you are under 13, your school, educator, or parent or legal guardian must have given you access to the Services and agreed to this Agreement for you (see sections 5 and 6).
If you accept this Agreement on behalf of a school, organisation or other legal entity, you confirm that you have authority to bind it, and "you" refers to that entity. Where a school has signed a separate agreement with YouHue, such as an order form, quotation or data processing agreement, that agreement also applies, as described in sections 7 and 18.
The Services are owned and operated by YouHue. Subject to this Agreement, we give you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for the educational and wellbeing purposes of your school or organisation, or for your own use as a student, parent or carer, and not for any other commercial purpose.
We may set reasonable limits on features and use. We may suspend access if we reasonably believe the Services are being misused, are at risk, or this Agreement has been breached, and we will tell the affected school as soon as practicable.
We communicate with users about security, privacy and administrative matters through notices in the Services and by email, as described in our Privacy Policy.
We collect, store and use information as described in our Privacy Policy. School data is hosted with Amazon Web Services in the United States, and YouHue FZ-LLC operates from the United Arab Emirates. Our Privacy Policy explains what we collect, where it is processed, who our sub-processors are, and the safeguards that apply to international transfers.
To register as an educator, you must provide your name and work email address, and may be asked for a document to verify your role at the school. Educators can't access any students or school data until YouHue has verified them.
Student accounts are created by the school or educator, directly or through a system the school connects, such as Clever, Wonde (MyLogin) or ManageBac. Students sign in with a class access code and login code, or with their school Google account where the school allows it.
You agree to provide true, accurate, current and complete information, and to keep it up to date. If we have reasonable grounds to believe your information is untrue, we may suspend or close your account.
If you are an educator or school, you confirm that you (i) have the rights needed to provide the information and content you upload, (ii) will comply with applicable laws in using the Services, and (iii) are responsible for giving the notices and obtaining the consents that applicable laws require for students to use the Services, including any school consent under COPPA.
You are responsible for keeping your login details (including any class access code and login code) confidential, and for activity under your account. Please tell us immediately at support@youhue.com if you believe your account has been used without authorisation. We protect the Services and school data as described in our Privacy Policy.
a. Students may use the Services only when their school, educator, or parent or carer has given them access.
b. YouHue needs only minimal personal information to create a student account: first and last name, or first name and last initial, or initials, as the school chooses.
c. The US Children's Online Privacy Protection Act ("COPPA") requires verifiable parental consent before collecting personal information from children under 13, unless a school or educator gives consent on the parent's behalf for use in the school ("school consent"). For this reason, only a school, educator or parent can create a student account and give the student access.
a. If you are the parent or legal guardian of a child who uses YouHue, please contact your child's school first: the school controls its students' data and can see, correct or delete it. You can also email us at privacy@youhue.com, and we will pass your request to the school and help it respond.
b. Student information is never used or disclosed for advertising of any kind, and personal information is never sold or rented to anyone. See our Privacy Policy for details.
a. When a school uses the Services, the school owns and controls the personal information about its students, staff and families ("School Data"). YouHue processes School Data only to provide the Services to the school, on the school's instructions.
b. Our Privacy Policy, and any data processing agreement between YouHue and the school, apply to School Data. If this Agreement conflicts with a data processing agreement on the processing of personal data, the data processing agreement prevails.
c. We never sell School Data, never use it for advertising, and never train or fine-tune AI models on it.
d. Our current sub-processors are listed in our Privacy Policy. We notify schools at least 30 days before adding or replacing one.
e. A standard data processing agreement is available to schools on request at privacy@youhue.com.
The Services use artificial intelligence to analyse check-in reflections for possible safety concerns, sentiment and themes; to generate insights, reports and suggestions for school staff; and to show students short supportive responses after a check-in. AI outputs may be incomplete or inaccurate. They are not a diagnosis or a clinical assessment, and the Services are not an emergency service. No decision about a student is made solely by automated processing: school staff review AI outputs and decide what to do. If a student may be at immediate risk, schools must follow their own safeguarding procedures and contact emergency services where appropriate. Our Privacy Policy explains how we use AI and protect data when we do.
Some features are available free of charge. Paid plans, including the School Plan, and any trial, are provided on the terms set out in the school's accepted quotation or order, or at the point of purchase in the Services. Those terms set the plan, scope, price, term and renewal arrangements. Payments for teacher purchases are processed by Stripe; YouHue does not store card numbers.
The Services and their content, including text, graphics, articles, images and illustrations ("Content"), are protected by copyright and other intellectual property rights, and are owned by YouHue or its licensors. You may use the Content only through the Services and in line with this Agreement. You may not copy, modify, publish, distribute, sell or otherwise exploit any Content, software or materials from the Services, or create derivative works from them, without our prior written consent.
Content that users submit remains the responsibility of the person or organisation that submitted it. We are not responsible for errors or omissions in content submitted by others.
The Services may link to, or let you sign in through, third-party websites and services such as Google, Clever, Wonde (MyLogin) or ManageBac ("Third-Party Services"). Your use of them is governed by their own terms and privacy policies. We don't control Third-Party Services and aren't responsible for their content or practices, except where they act as our sub-processors, as described in our Privacy Policy.
You agree not to contribute Content or use the Services in a way that:
(a) infringes anyone's intellectual property, privacy or other rights;
(b) breaks any law or regulation;
(c) is harmful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, obscene or otherwise objectionable;
(d) impersonates any person or organisation, including YouHue staff;
(e) restricts or inhibits other users;
(f) promotes sexual or pornographic products, alcohol, tobacco or other unlawful products; or
(g) contains viruses or other harmful code.
You also agree not to try to obtain other users' passwords, account details or private information; breach or test the security of the Services or any network; send spam; place an unreasonable load on our infrastructure; crawl, scrape or spider the Services; decompile or reverse engineer the Services; collect or use other users' personal information without their consent or in breach of the law; or bully, intimidate or harass any user, or post hate speech, threats, nudity, or graphic or gratuitous violence.
We may remove Content that breaches this section, and fraudulent, abusive or illegal activity may lead to suspension or closure of the account.
WE PROVIDE THE SERVICES WITH REASONABLE SKILL AND CARE. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT OR IN A SIGNED AGREEMENT WITH YOUR SCHOOL, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT AI OUTPUTS WILL BE COMPLETE OR ACCURATE. NOTHING IN THIS AGREEMENT EXCLUDES ANY RIGHTS YOU HAVE UNDER CONSUMER LAWS THAT CANNOT BE EXCLUDED, INCLUDING THE AUSTRALIAN CONSUMER LAW.
a. We may improve, change or retire features of the Services. We will give schools reasonable advance notice of any change that materially reduces Services they have paid for.
b. We may update these Terms. We will notify schools by email to their administrators, and in the Services, at least 30 days before a material change takes effect, and ask them to review it. If a school doesn't agree with a material change, it may stop using the Services before the change takes effect, and we will refund any prepaid fees for the period after that date. Minor changes that don't reduce users' rights, such as corrections or clarifications, take effect when published.
a. This Agreement continues while you use the Services. You may stop using the Services at any time.
b. We may suspend or close an account if you materially breach this Agreement, if required by law, or to protect users or the Services. Where reasonable, we will give notice first.
c. When a school's use of the Services ends, at the school's choice we will return its School Data in a commonly used format and then delete it, or delete it. Deletion is completed within 30 days after the Services end, and we will confirm it in writing on request. Backup copies are deleted when they expire under our normal backup cycle. Accounts with no activity for 12 months are deleted.
d. Provisions that by their nature should survive termination will survive, including ownership, data protection, warranty disclaimers and limitations of liability.
This Agreement is governed by the laws of the Dubai International Financial Centre ("DIFC"). The courts of the DIFC have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement. Where a school has signed a data processing agreement or other agreement with YouHue that names a different governing law or forum, that agreement governs the matters it covers. Nothing in this section prevents either party from seeking urgent injunctive relief in any competent court, or removes rights that a consumer cannot give up under the law of the country where they live.
a. TO THE EXTENT PERMITTED BY LAW, YOUHUE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.
b. TO THE EXTENT PERMITTED BY LAW, YOUHUE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO THE FEES PAID BY YOU OR YOUR SCHOOL FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR USD 100 IF NO FEES WERE PAID.
c. Nothing in this Agreement limits or excludes liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, or for fraud. Liability for breaches of data protection obligations is as set out in any data processing agreement with the school and, unless that agreement says otherwise, is subject to section 17b.
d. You agree to indemnify YouHue against third-party claims, including reasonable legal fees, arising from your breach of this Agreement or your unlawful use of the Services.
If either party doesn't exercise a right under this Agreement, that isn't a waiver of it. YouHue isn't liable for failures caused by events beyond its reasonable control. If any provision is found unenforceable, it will be limited to the minimum extent necessary, and the rest of this Agreement remains in effect. You may not assign or transfer this Agreement without our written consent. We may assign it to an affiliate or a successor to our business, and will tell schools if we do. This Agreement, together with any order, quotation or data processing agreement signed with a school, is the whole agreement between the parties on its subject matter. If they conflict, a data processing agreement prevails on data protection matters, and a signed order or quotation prevails on plan, price and term. Nothing in this Agreement creates an agency, partnership, joint venture or employment relationship. Headings are for convenience only.
YouHue respects intellectual property rights and responds to notices of alleged copyright infringement, including under the US Digital Millennium Copyright Act ("DMCA"). Our policy is to remove or disable access to material we believe in good faith infringes copyright, and to end access for repeat infringers.
Reporting infringement. Send a notice to our Designated Agent (address below) containing: (1) a physical or electronic signature of a person authorised to act for the copyright owner; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the infringing material and where it is located in the Services, in enough detail for us to find it; (4) your contact details, including address, telephone number and email; (5) a statement that you believe in good faith that the use is not authorised by the copyright owner, its agent or the law; and (6) a statement, made under penalty of perjury, that the information is accurate and that you are authorised to act for the copyright owner.
Counter-notice. If you believe material we removed was not infringing, you may send our Designated Agent a counter-notice containing: (1) your signature; (2) identification of the material and where it appeared before it was removed; (3) a statement that you believe in good faith it was removed by mistake or misidentification; (4) your name, address, telephone number and email; (5) your consent to the jurisdiction of the federal court for your district (or, if you are outside the United States, any judicial district in which YouHue may be found); and (6) your agreement to accept service of process from the person who sent the original notice.
We may restore the material 10 to 14 business days after receiving a valid counter-notice, unless the copyright owner tells us it has started court proceedings.
Designated Agent: YouHue FZ-LLC, 195, Ground Floor, Building 5, Dubai Media City, P.O. Box 73030, Dubai, United Arab Emirates.
Questions, complaints or claims about the Services. support@youhue.com
Privacy, data protection and DPAs. Our Privacy Officer, Ammar Khan, at privacy@youhue.com
Post. YouHue FZ-LLC, 195, Ground Floor, Building 5, Dubai Media City, P.O. Box 73030, Dubai, United Arab Emirates
