Freemium Terms and Service

Introduction

Welcome to Origami

Through both origami-education.com and your school district or your school, Affirm Technology (collectively “Origami,” “our,” “us”, or “we”) provides you (“Client / User”) with an online system and process for information reception and delivery. With the permission of your school, school district, teacher, or other responsible education authority (the “Customer”), this information and Site is made available to you, subject to the following Terms of Service and referenced Privacy Policy (the “Agreements”). By using and accessing this Freemium Service, you agree to be bound by, and to comply with, these Terms and Service and any other terms and conditions or terms of service posted on any individual page of this Service.

The term “Origami” (or “our company”, “we” and “us”) includes Affirm Technology Inc., and all the subsidiaries and affiliates of Affirm Technology Inc. (hereinafter collectively referred to as “Origami School Management System” or “Provider”). In order to use the Freemium Service or the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based Information. You must provide all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device.

Acceptance of Terms

Origami provides the Service to you subject to the following Freemium Terms of Service, which may be updated by Origami from time to time without prior notice to you. Unless explicitly stated otherwise, any new features that augment, change or enhance the current Service, including the release of new Origami Services, shall be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time, to which you will be subject from the date of their publication on the Site.

In addition, when using components of the Service, you and Origami will be subject to any applicable guidelines or rules that may be posted on this Site from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

By accessing, browsing, and/or using the Service, you as a parent on behalf of your child or children acknowledge and represent that you have read and understood these Terms of Service, and that you, as well as your child or children, agree to be bound by the Terms of Service and comply with all applicable laws and regulations, including those of the Philippines.

You understand and agree that the Service is provided “AS-IS” and that Origami assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, data or personalization settings. Please review Origami’s “Disclaimer of Warranties”.

This Freemium Terms and Service governs Client use of Provider’s software and services (collectively, the “Service”) on a freemium basis. By using the Service, the Client agrees to be bound by this Agreement.

1. Definitions

1.1 “Service” means Provider’s software and services made available to Client on a freemium basis.

1.2 This Freemium Term of service shall commence upon accepting this Term of Service up to September 30, 2024.

1.3 “Client Data” means any data, content, or information submitted by Client and its Subscriber to the Service.

1.4 “Confidential Information” means any non-public information disclosed by either party to the other party that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential.

2. Use of Service

2.1 Client may use the Service solely for its internal business purposes and in accordance with this Agreement.

2.2 Client shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, Except for the use of its Subscriber, the Service or the Content in any way; (b) modify or make derivative works based upon the Service or the Content; (c) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; (d) reverse engineer or access the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, or (iii) copy any ideas, features, functions or graphics of the Service; (e) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Service; (f) use the Service in violation of any applicable laws or regulations; or (g) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights.

2.3 Provider reserves the right to modify, suspend, or discontinue the Service or any part thereof, with or without notice to Client. Client agrees that Provider will not be liable to Client or to any third party for any modification, suspension, or discontinuance of the Service.

2.4 Client will notify the Provider by means of writing and sending to the email address of the Provider, if the Client wants to continue the use of “Service”.

2.5 Client acknowledges that they can download all gathered data from their users and Subscribers during the entire length of this agreement.

2.6 Client agreed to the Provider that they can use or put the Client, Logo or name on all of their marketing collaterals like Social media Platform and on the provider website.

2.7 Client may not charge its users/ students/ parents for the entire free use of the school management system.

2.8 The Provider will provide the RFID scanner to the client free of charge for the entire freemium period, and the client is fully aware that they will pay the RFID card per user.

2.9 The Client is fully aware that once the RFID Card has already printed its students name on the cards, and if the client will cancel the Freemium Subscription, the client still needs to pay the RFID Cards per user to the provider.

2.10 Client agreed to return the RFID Scanner in good condition once the freemium period ended or terminated by both parties, any damage, loss of the RFID device will be subjected for a charge by the provider to the client.

3. Intellectual Property

3.1 Provider retains all right, title, and interest in and to the Service, including all intellectual property rights therein. Client acknowledges that it is obtaining only a limited right to use the Service and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to Client under this Agreement.

3.2 Client shall not remove or alter any copyright notices, trademarks, or other proprietary notices on or in the Service.

3.3 Client hereby grants Provider a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, and display Client Data solely to the extent necessary to provide the Service to Client.

4. Confidentiality

4.1 Each party agrees to maintain the confidentiality of the other party’s Confidential Information and to use such Confidential Information only as necessary to perform its obligations under this Agreement. Confidential Information shall be protected by the receiving party with the same degree of care as it uses to protect its own confidential information, but in no event with less than reasonable care.

4.2 The obligations of confidentiality set forth in this Section 4 shall not apply to any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the disclosing party; (b) was known to the receiving party prior to its disclosure by the disclosing party without breach of any obligation owed to the disclosing party; (c) is received from a third party without breach of any obligation owed to the disclosing party; or (d) was independently developed by the receiving party.

5. Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND PROVIDER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. CLIENT ACKNOWLEDGES THAT USE OF THE SERVICE IS AT ITS OWN RISK.

6. Limitation of Liability

IN NO EVENT SHALL PROVIDER BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Governing Law

The Agreement and any claims relating to its subject matter will be governed by and construed under the laws of the Philippines, without reference to its conflicts of law principles. All disputes shall be subject to the exclusive jurisdiction of the courts of Makati City. Either party must initiate a cause of action for any claim(s) relating to the Agreement and its subject matter within one year from the date when the party knew, or should have known after reasonable investigation of the facts giving rise to the claim(s).

8. Entirety of Agreement

This Agreement constitutes the entire agreement of the parties and supersedes any verbal or written agreement between the parties. The parties may not modify the Agreement without the written consent of the other party or of their respective authorized representatives.

9. Non-Waiver

The non-enforcement by either party of any provision hereof shall not constitute a waiver of any other provision/s, or of the same provision/s, of this Contract.

10. Separability

Should any provision of this Agreement be held by a competent court of law as illegal, invalid, or unenforceable, all other provisions of this Contract not affected by the such judicial declaration of illegality, invalidity, or unenforceability shall remain valid and in full force and effect.

11. Data Privacy

The Client hereby acknowledges that in performing its obligations under the Agreement, the Provider will be processing personal information (including sensitive personal information), which may include that of Client Subscriber's students, employees, officers, agents, parents of students, and representatives Further, both parties shall comply with the requirements under the privacy and data protection laws of the Philippines, and such rules, orders, and regulations as may be issued by the National Privacy Commission

In this regard, the Client shall take the necessary steps to secure all of the personal information (including sensitive personal information) transmitted to its possession. Hence, it shall be accountable and liable for any acts, omission, fault, or negligence of that of any of its personnel, employees, and or agents, who may commit a violation of the provisions of the Data Privacy Act, and holds the Provider free from all liabilities for such violations.

The client shall not engage any third-party without prior written consent from the Provider, provided that any such arrangement shall ensure that the same obligations for data protection under this Agreement are implemented.

Should the client commit any breach in the confidentiality and/or security of the personal information (including sensitive personal information), the client shall, within twenty four (24) hours from the discovery of breach, contact the proper authority.

12. Comprehension and Binding Effect

The Parties declare that they fully understand the meaning and legal consequences of the provisions of this Agreement which shall be binding upon the successors-in-interest of Neither Party.