Last Updated: July, 21 2023
Description of Service
Managing GC is an application (specifically a Google Apps Add-on) that uses only a Google Spreadsheet™ to list your classes, rosters and assignments from Google Classroom™. Managing GC can also send announcements and emails to individual or multiple students. The Service is offered and provided subject to these Terms and solely for Your business purposes. You may connect to the Service using any Internet browser supported by the Service.
The Service requires a Google account that will be used to access the Service configuration console. You understand and acknowledge that You are solely responsible for obtaining the Internet access and all equipment necessary to use the Service, for appropriately configuring Your Google account and for creating and managing the data source and their content. All fees associated with the foregoing shall be paid by You.
Use of the Service
Access to Service: Access to the Service is only available to the Customer. Customer is solely responsible for uninstalling the Service when Customer ceases use of the Service in order to revoke its access to and permissions on the Customer’s data and account respectively.
License to Customer: Subject to Customer’s compliance with these Terms and the Google Acceptable Use Policy (available at https://cloud.google.com/terms/aup), including, without limitation, Customer’s payment of all applicable fees, Managing GC hereby grants Customer a world-wide, revocable, non-transferable non-exclusive, non-sublicensable license to access and use, execute, perform and display the Service, solely for Customer’s own internal use.
Customer is at all times fully responsible and liable for all acts and omissions by Users to whom Customer has granted access to the Service and Customer agrees to indemnify Managing GC for all claims and losses related to any such acts and/or omissions, except to the extent such acts and/or omissions are within the ordinary intended use of the Service for which Managing GC has granted Customer the foregoing license.
Managing GC reserves the right to terminate unpaid accounts. In the event of any termination, Customer shall be responsible for uninstalling the Service in order to revoke its access to and permissions on the Customer’s data and account respectively. Managing GC will NOT provide Customer with prior notice of such termination by email.
Restrictions on Use
Restrictions on Use of the Service: In addition to all other terms and conditions contained herein, you shall not and shall not permit others to:
1. copy, modify, adapt, translate or otherwise create derivative works of the Service;
2. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service;
3. rent, lease, sell, assign or otherwise transfer rights in or to the Service;
4. remove any proprietary notices or labels from the Service;
5. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service;
6. use the Service for spamming or any other illegal or unauthorized purpose or engage in illegal or deceptive trade practices;
7. otherwise use of the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws);
8. process or store any content on or through the Service that is subject to the International Traffic in Arms Regulations maintained by the Department of State.
This list of prohibitions provides examples and is not complete or exclusive.
Managing GC reserves the right to suspend or terminate your access to Service upon ninety (90) days notice without cause, or upon thirty (30) days notice with cause, for any action that Managing GC determines is inappropriate or disruptive to the Service or to any other user of this Service. Additionally, if Managing GC suspends or terminates your access for inappropriate use or disruptions to the Service or any other user of the Service, Google may also suspend your G Suite account if: (a) your use of G Suite is in violation of Google’s Acceptable Use Policy, which could disrupt: (i) G Suite; (ii) other users’ use of G Suite; or (iii) the Google network or servers used to provide G Suite services; or (b) there is unauthorized third party access to G Suite.
Managing GC may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, Managing GC will cooperate with law enforcement agencies in any investigation of alleged illegal activity associated with the Service or on the Internet.
Unauthorized use of any trademarked, copyrighted or patented materials contained in the Service may violate certain laws and regulations.
You agree to indemnify and hold Managing GC and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Managing GC or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Service or the use of Service by any person using your account (including without limitation, Your Content (as defined below)) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Termination and Suspension
Managing GC reserves the right to suspend or terminate Customer’s access to the Service if Managing GC reasonably determines that:
(a) there is a threat or attack on the Service (including a denial of service attack) or other event that may create a risk to the Service, Managing GC , Customer, or any user of the Service;
(b) Customer’s or its Users’ use of the Service or Customer Content disrupts or poses a security risk to the Service or any user of the Service, may harm Managing GC systems, or may subject Managing GC or any third party to liability;
(c) Customer or any User is using the Service for fraudulent or illegal activities;
(d) subject to applicable law, Customer has ceased to continue Customer’s business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;
(e) Customer or any User is using the Service or other Managing GC property in breach of this Agreement;
or (f) Customer is in default of its payment obligations hereunder (collectively, “Service Suspensions”).
Managing GC will provide written notice of any Service Suspension to Customer and provide updates regarding resumption of Customer’s access to the Service following any Service Suspension.
Customer hereby acknowledges and agrees that, subject to the limited rights granted hereunder, Managing GC (or its licensors) own all legal right, title and interest in and to the Service, including, without limitation, any Intellectual Property Rights or other proprietary rights which exist in the Service (“Our Technology”). For purposes of these Terms, “Intellectual Property Rights” means, on a worldwide basis, any and all now known or hereafter known (a) rights associated with works of authorship including copyrights and moral rights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patent rights and other industrial property rights, (e) intellectual and industrial property rights of every other kind and nature and however designated, whether arising by operation of law or otherwise, and (f) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter existing, made, or in force (including any rights in any of the foregoing).
Furthermore, any comments, ideas and/or reports about the Service that you provide to us, whether in written or electronic form (“Feedback”), shall be considered our proprietary and confidential information, and you hereby irrevocably transfer and assign to us all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that you may have with respect to any such Feedback.
Ownership & Privacy
As between You and Managing GC, you retain all right, title and interest in any and all data, files, attachments, text, images, personally identifiable information, and other content that You and Your Users upload or submit to the Service (collectively, “Your Content“). You may not upload, post or otherwise make available through the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all of Your Content. You represent and warrant that you have all rights, permissions and consents necessary (a) to make Your Content available on or through the Service, and (b) to grant Managing GC the limited rights to use Your Content set forth in these Terms. Managing GC represents and warrants that it has all rights, permissions and consents necessary (a) to provide the subscription Service to You and (b) to grant You the limited rights to use the Service set forth in these Terms.
Your Content is not collected nor accessible in any way by Managing GC as a result of utilizing the application.
Content Privacy & Data Security
Upon installation on a Google Spreadsheet, Managing GC requires you grant it authorization to perform certain actions, all of which are listed together on an authorization page during the installation process. This follows the security rules required by Google. This includes, but is not limited to, access to your Google account information, the ability to perform certain tasks on your behalf such as modifying the current Google Spreadsheet. By installing our Add-on, you acknowledge that you have authorized Managing GC to perform all of these actions and those listed on the authorization page. You also acknowledge that this comes with inherent risks including, but not limited to, damage, loss or breach of data stored in, or associated with, your Google account.
Note that data in your Google Drive accessed by Managing GC is never transferred out of Drive to an external database, and do not pass through our servers.
All personally identifiable data that users may keep in files associated with this tool remains in the complete control of those users from a privacy perspective. Unless specifically stated, we store no personally identifiable information in any 3rd party database or file repository.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CERTIFY’EM MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION, INTERRUPTIONS THAT OCCUR IN THE CONTEXT OF REGULARLY SCHEDULED MAINTENANCE); (III) ANY INFORMATION OR ADVICE OBTAINED BY YOU IN CONNECTION WITH THE SERVICE WILL BE ACCURATE OR COMPLETE; OR (IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO CUSTOMER.
Limitation of Liability
IN NO EVENT SHALL MANAGING GC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION), ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE.