Welcome
Thank you for choosing SMART Notebook® collaborative learning software. This document is applicable to SMART Notebook® and SMART Notebook® Plus (collectively, “Notebook software”). In the version 22 release of the SMART Notebook software, the paid subscription features of SMART Notebook were renamed as “SMART Notebook Plus”. This change will more accurately reflect the enhanced features in your paid subscription, such as tool add-ons and access to web-based software features.
If you are a minor your parent or guardian must agree to these terms on your behalf. Your school may already have their consent or may not require it.
Teachers and students are at the heart of why SMART exists, and we would never do anything to jeopardize your trust in us. This agreement (also referred to as 'Terms') explains how we work together by outlining your obligations and ours. We have done our best to keep it simple but if you read something you do not understand please reach out to us because this is a legally binding agreement between you (where 'you' or 'your' includes you as an individual but also your organisation or minor child that is using Notebook Software) and SMART Technologies ULC (referred to as 'SMART', 'we', 'us' or 'our'). You agree that if you join as a guest, purchase a subscription, sign-in, or use Notebook Software then SMART will treat that action as acceptance of these Terms.
In summary, your use of Notebook Software means you and SMART agree to what is written here and if you do not agree, you must not use our software.
Updates
Notebook software is a living product with continual updates and changes that further enhance its features, content, ease of use and security. Our ability to make timely changes is fundamental to delivering superior software to you. Sometimes, material updates will require us to change our Terms and we will notify you of these changes. If our updates do not erode or diminish your rights or obligations under these Terms we may update them without notice.
Privacy and Personal Information
You agree to SMART’s use of your data in accordance with our privacy policy:
Notebook software (includes SMART Notebook® and SMART Notebook® Plus)
Both you and SMART are responsible for complying with all applicable privacy legislation and the above policy explains how SMART works with you to protect your information and privacy when using these parts of Notebook. Information on cookies is included in these policies.
In the event of a conflict or variance between SMART’s data privacy agreement (“DPA”) with standard contractual clauses (“SCCs”), Terms, and Privacy Policy, the provisions of (in order of precedence) (i) SCCs; (ii) DPA; (iii) Terms; and (iv) Privacy Policy; shall prevail.
Getting Started
Our software is licensed to you and not sold. You cannot resell or transfer a Notebook software license, regardless of activation status, unless you are an authorised SMART distributor or reseller. SMART grants you a revocable, non-exclusive, and non-transferable license to use Notebook software subject these Terms and unless applicable law gives you more rights you may only use Notebook software as expressly permitted by these Terms. You must also comply with, and not attempt to circumvent, any law or technical limitation that allows you to activate or use our products only in certain ways.
Portions of Notebook software, and its purchase, may require you to provide certain personally identifiable information. Although some features currently allow joining with only a self-chosen display name SMART reserves the right to require such activity within the product be associated with an identifiable user. Any personally identifiable information you provide will be managed by SMART in accordance with our privacy policy for Notebook software.
The information you supply during purchase or account setup must be true, current, accurate and complete. If SMART has reasonable grounds to suspect your information is untrue, inaccurate, not current, or incomplete, SMART may suspend or terminate your account and prohibit all current or future use of Notebook software.
Users: If you use an email address your organization (school, work, and so on) gave you to sign in, SMART may contact your organization to confirm your usage and, optionally, transition you to their subscription (if they've subscribed).
Students: When you participate in interactive activities, your (display name) progress in those activities is reported to your teacher in the context of the lesson.
Administrators: By default, account administrators receive aggregated anonymous usage analytics (no individual users are identified). If you enable user-identified analytics, you agree and have your users' consent for SMART to compile and share your users’ analytics with you.
Subscriptions and Payment
Free Plans. Access to SMART Notebook is free. It works without a license key and there is no need to sign-in. The intended purpose of this product is that it be used to create lessons for presentation on a SMART Board. Some features and functionality may be restricted to use with SMART HW products only and the product is not intended to work when connect to a non-SMART display.
Paid Plans. The paid subscription features of SMART Notebook are bundled under the name SMART Notebook Plus. If you want to upgrade to Notebook Plus you must purchase a product subscription. A subscription to SMART Learning Suite includes access to SMART Notebook Plus features. A subscription to SMART Notebook Plus may also be purchased separate from SMART Learning Suite, or alternatively be provided with the purchase of selected SMART hardware bundles for a defined term. Fees for accounts where you are paying with a credit card, debit card or other non-invoice form of payment are due on the date of purchase, and the corresponding anniversary thereafter.
Payment Cycles. If you purchase from SMART you will be billed the full cost of a Notebook Plus software subscription on the date of purchase. All fees and charges are pre-paid and non-refundable, and there are no refunds or credits for partially used periods. The only exception is if your school or district has also purchased and provisioned the same account with a district subscription. In such cases, you can request a prorated refund for the remainder of the direct purchase subscription through SMART’s support services. We reserve the right to modify pricing at any time and plan prices will be posted and available from authorised SMART distributors and resellers, who may offer different pricing.
Cancelling Your Subscription. You may cancel your subscription at any time. You must cancel your paid subscription before it renews to avoid billing of the next period’s fees. If you do not provide the required notice you will be billed, and the fees are non-refundable.
Your Content
Content within Notebook software includes lessons, images, and other 'Content') and may be created or uploaded by SMART, by third-parties or by you. When you use Notebook software, you may create Content during a class and through activities with your students and you may also upload Content. SMART does not claim any ownership rights over original Content you create.
Any Content that you create, or post is your responsibility, and you retain all intellectual property rights aside from the license you grant to us for the sole purpose of providing Notebook software to you and your students. You hereby grant SMART a limited worldwide, royalty-free, and non-exclusive license to perform, reproduce, distribute, adapt, publicly perform, and display the Content you create or upload.
It is your responsibility to maintain appropriate backups of your created Content. SMART is not responsible for restoring any Content for any reason.
SMART and Third-Party Provided Content and Services
Content provided by SMART and its partners that you access on Notebook software is provided on an 'as-is' and 'as-available' basis and we do not guarantee that it will be available indefinitely or without defect. Removal or replacement of SMART or third-party Content from Notebook software can be done by SMART at any time, in its sole discretion, and without notice, and could mean that Content is removed from your user created Content and materials (if it was incorporated therein) or could make such user created Content incomplete or non-functional. SMART is not required to notify you if SMART or third-party Content is going to be removed. Restrictions with respect to Content from other parties or from SMART may apply to any plan level to which you subscribe. You are only permitted to use SMART and third-party provided Content within Notebook software. At times third-party Content may have geographic, time-based, activity-based or other restrictions associated with its use that may be subject to separate terms and conditions requiring acceptance.
Notebook software, primarily because of user created Content, may contain or reference links to third-party websites. Clicking on links contained in Content is done so at your own risk. The inclusion of any link or reference to a third-party service, product or promotion is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by SMART of any information contained in any third-party site.
If you decide to use third-party services such as Google Drive®, YouTube®, or others, you are responsible for reviewing and understanding the terms and conditions governing their services, including their privacy policies. You agree that the third-party, and not SMART, is responsible for the performance of the third-party services, your privacy, the information contained in such third-party site and for your use or inability to use such third-party service.
Prohibited Content
Do not create or upload Content that includes (i) unauthorised personally identifiable information; (ii) anything that violates another party’s intellectual property rights, or (iii) anything that is inappropriate, such as but not limited to Content that is unlawful, defamatory, libelous, threatening, pornographic, obscene, harassing, or hateful.
SMART Notebook Plus on non-SMART IFPs
You can use SMART Notebook Plus on non-SMART interactive displays without restriction but as of SMART Notebook version 22 release, unsubscribed users of SMART Notebook (previously referred to “SMART Notebook basic version”) will have touch and interaction restricted in the software when connected to non-SMART interactive displays.
Some features and functionality of SMART Notebook for unsubscribed users are restricted, using effective technological measures, for use with SMART hardware products and will not work as intended when connected to a non-SMART display. Consequently, SMART does not grant you a license to use SMART Notebook on a non-SMART display.
If you are using a SMART Learning Suite subscription in a mixed hardware (SMART and non-SMART) implementation, you can ensure your users can access SMART Notebook Plus features by entitling them in the SMART admin portal or activating their software with a license key.
Reporting a Concern
If you believe someone is violating these Terms you may report such abuse to legal@smarttech.com.
You may request SMART remove any Content you have made and, upon confirmation that the Content is yours, we will remove it. If you believe another user is violating your copyright or someone else’s copyright, you may send a take-down notice to SMART at legal@smarttech.com including a) your contact details, b) identifying the content in question, and c) the basis of your claim.
SMART is not responsible or liable for any Content provided by others. If Content from other users is offensive, obscene, indecent, or objectionable, SMART is not liable for that Content, and does not have any obligation to monitor such Content. However, SMART reserves the right to decide if Content is inappropriate or violated these Terms. SMART may immediately remove Content at any time in its sole discretion. Other than this removal remedy SMART shall have no further obligations or liability regarding user intellectual property infringement, objectional material, or disputes.
Moderators
SMART does not, and has no obligation to, monitor user created Content such as teacher lessons, student responses or display names. If you see Content that is offensive it is your responsibility to report it to your organisation, parent, or guardian. SMART is not liable for any user created Content or inappropriate interactions using Notebook software.
Trial Software
SMART may make certain products, including trial and beta software, available to you for a limited time. You agree that if you are given a product activation key for any SMART trial software you will retain that key for your personal use and not make it available to others and will stop using the software when the trial ends. All trial software is 'as-is', 'as-available', and without warranty.
Feedback
We do appreciate your suggestions but please be aware that any comments, feedback, or ideas you share with us while not under a non-disclosure agreement shall be treated as non-confidential and you will, and do hereby, assign us all right, title and interest to them. This means we are free to use them for any purpose, without compensation, acknowledgment, or other obligation of any kind to you.
Class Action Waiver
To the extent permitted by law all proceedings to resolve or litigate a dispute must be conducted solely on an individual basis. Neither you nor SMART shall seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts, or proposes to act, in a representative capacity.
Disclaimer of Warranties and Limitation of Liability
SMART's sole obligation under its limited software warranty shall be to refund the purchase price paid by you for defective software (i.e., software that does not materially conform to its published specifications).
OTHER THAN THE LIMITED WARRANTY AS STATED ABOVE, THE PRODUCT IS PROVIDED 'AS-IS', 'AS-AVAILABLE', AND ITS USE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART AND ITS EMPLOYEES, DIRECTORS, OFFICERS, SUPPLIERS, LICENSORS, DISTRIBUTORS AND RESELLERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NONINFRINGEMENT WITH REGARD TO SMART PRODUCTS AND ANY COMPONENT THEREOF, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. SMART DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT IS OR WILL BE INTERRUPTION FREE, DEFECT FREE OR WILL MEET YOUR NEEDS.
SMART IS NOT RESPONSIBLE FOR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY OF YOUR CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF NOTEBOOK SOFTWARE.
To the maximum extent permitted by applicable law, in no event shall SMART or its suppliers, licensors, resellers or distributors be liable for any special, incidental, indirect, exemplary, consequential or punitive damages whatsoever (including, without limitation, damages for any injury to any person or property, damages for loss of profits, business interruption, loss of business information, loss of privacy, damages for procurement of substitute goods or services, damages for loss of use, loss of data, damages for failure to meet any duty including the duties of good faith or of reasonable care, damages relating to removal of SMART or third-party Content from Notebook Software or deletion of your Content, for negligence or any other pecuniary loss) arising out of the use of or inability to use the software or any component thereof or the provision of or failure to provide support services, whether based on contract, tort, negligence, strict liability or otherwise, even if SMART or its suppliers, licensors, resellers or distributors have been advised of the possibility of such damages. IN ANY CASE, SMART’S ENTIRE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE PURCHASE PRICE OF A SINGLE LICENCE PAID BY YOU.
Export Restrictions
You agree that you shall comply with all domestic and international export laws and regulations that apply. Our software is a 'Commercial Item', as that term is defined at 48 CFR 2.101, consisting of 'Commercial Computer Software' and 'Commercial Computer Software Documentation', as such terms are used in 48 CFR 12.212 or 48 CFR 227.7202, as applicable. Consistent with 48 CFR 12.212 or 48 CFR 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US 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 of this agreement.
Governing Law
If you are a school or government organisation that is prohibited from accepting a governing law and jurisdiction outside of your home country, state or province then the laws of your principal place of residence shall govern all claims and disputes concerning the applicable SMART product or service.
Otherwise, this agreement is governed by and construed in accordance with the laws of Alberta, Canada and you irrevocably agree that any dispute, including litigation, involving this agreement or SMART must be brought in the courts in the City of Calgary, Province of Alberta. You shall not assert any claim that you are not subject to the jurisdiction of such courts, that the venue is improper, that the forum is inconvenient or any similar objection, claim or argument. Notwithstanding this, you agree that SMART shall still be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Invalidity of Provisions
If any part of these Terms is invalid or unenforceable in your jurisdiction such provision shall be severed from this agreement and the validity, legality or enforceability of the remaining provisions shall not be affected or impaired. The failure by a party to exercise any right shall not operate as a waiver of such party's right to exercise such right or any other right in the future.
Language
Any translation we do in Notebook Software or in these Terms is for convenience. In the event of a conflict between the English and non-English versions the English version shall prevail and govern. If you are unable to access these Terms in the official language of your country, please contact SMART and a copy will be provided to you.
In the End
All good things eventually come to an end. One day you may decide to leave us or, we may create an even better product and end of life Notebook software or portions of it.
When it is time for you to leave and terminate these Terms you have a couple of options:
- You can simply stop using Notebook software and cancel any subscriptions you may have. After two (2) years of inactivity this agreement will be terminated
If SMART decides to terminate our agreement thereby revoking our license to you:
- We may do so at any time without notice if you have violated any provision of these Terms; or
- We may do so at any time without notice if SMART is required to do so by law or law enforcement; or
- We may do so with reasonable notice to you if we will no longer be providing Notebook software or significant portions of it for any reason.
Once our agreement is terminated these following sections of the Terms will be the only surviving parts: Your Content, Prohibited Content, SMART and Third-Party Provided Content, Feedback, Class Action Waiver, Disclaimer of Warranties and Limitation of Liability, Export Restriction, Governing Law, Invalidity of Provisions, Language, and In the End.
Contact Us
We would love to hear from you:
SMART Technologies ULC
Attention: Legal Department
Suite 600, 214-11 Ave SW
Calgary, AB T2R 0K1
CANADA
+1 403 245 0333
legal@smarttech.com
privacy@smarttech.com
Need Product Support? Visit: https://support.smarttech.com/
Last updated: June 1, 2022