Acceptance of Terms
Acceptance
Welcome to Sophos ("the App" or "our Service"). By accessing or using the App, you agree to comply with and be bound by these Terms and Conditions ("Terms") and our Privacy Policy, regardless of whether you are a registered user of our Service. These Terms apply to all users of the App, including without limitation users who are contributors of content, information, and other materials or services.
Eligibility
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Agreement to Terms
By using the App, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree to these Terms or the Privacy Policy, please refrain from using the App.
Modification of Terms
Sophos reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 3 Days notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.
Continued Use after Changes
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you will not be permitted to use Sophos.
Acceptance of Additional Terms
Certain features of the App may be subject to additional terms and conditions specified by Sophos. Your use of such features constitutes your acceptance of those additional terms and conditions, which are incorporated into these Terms by reference.
1.1 Account Creation
(a) Eligibility: To use Sophos, you must be at least 18 years old or have the legal capacity to enter into these Terms. By creating an account, you confirm that you meet these requirements.
(b) Account Information: You agree to provide accurate, complete, and updated information during the registration process. You acknowledge that maintaining the accuracy of this information is your responsibility.
(c) Account Security: You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. Notify Sophos immediately if you suspect unauthorized access to or use of your account.
1.2 User Account Responsibilities
(a) User Conduct: You agree to use Sophos in compliance with applicable laws and our community guidelines. You agree not to engage in prohibited activities such as spamming, harassment, hate speech, or any actions that violate the rights of others.
(b) Account Termination: Sophos reserves the right to suspend, terminate, or restrict access to your account if you violate these Terms or engage in activities that compromise the integrity or security of the platform.
(c) Account Deactivation: You can deactivate or delete your account at any time by following the instructions provided on the platform. Deactivation may result in the removal of certain content associated with your account, subject to our data retention policies outlined in the Privacy Policy.
1.3 Profile Information and Content
(a) User Content: You retain ownership of the content you post or share on Sophos. By posting content, you grant Sophos a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, display, reproduce, modify, adapt, publish, distribute, and create derivative works from your content.
(b) Profile Accuracy: You agree to provide accurate and up-to-date information on your profile. Misrepresentation of personal information may result in the suspension or termination of your account.
(c) Content Moderation: Sophos reserves the right to moderate or remove content that violates these Terms, our community standards, or applicable laws.
1.4 Account Security Measures
(a) Security Measures: We implement industry-standard security measures to protect user accounts and data. However, we cannot guarantee absolute security, and you acknowledge that the internet is not entirely secure.
(b) Unauthorized Access: In the event of unauthorized access to your account, contact Sophos immediately to take appropriate actions to secure your account.
2. User Conduct
2.1 Compliance with Applicable Laws
(a) Legal Compliance: You agree to use Sophos in compliance with all applicable local, state, national, and international laws and regulations. This includes, but is not limited to, laws related to data privacy, intellectual property, defamation, harassment, and online conduct.
(b) Prohibited Activities: You agree not to engage in any activities on Sophos that violate these Terms, our community guidelines, or laws. Prohibited activities include, but are not limited to:
Posting or sharing content that infringes upon the intellectual property rights of others.
Harassing, bullying, or threatening other users.
Posting or sharing sexually explicit, violent, hateful, or discriminatory content.
Spamming, phishing, or engaging in any form of fraudulent activity.
Impersonating individuals or entities in a misleading or deceptive manner.
Accessing or attempting to access accounts, data, or networks without authorization.
Circumventing security features or introducing malware or viruses.
Posting content that is not useful for educating, informing, benefitting, engaging or relating to educate and further help students improve their knowledge and understanding within the context of the type of education you are certified to post under.
2.2 Community Standards
(a) Respectful Behavior: You agree to conduct yourself in a respectful and considerate manner when interacting with other users on Sophos. Respect the opinions, beliefs, and privacy of others, and refrain from engaging in behavior that may cause harm or offense.
(b) Content Moderation: Sophos reserves the right to moderate, edit, or remove content that violates these user conduct guidelines or community standards. Users found to be in violation may face account suspension or termination at Sophos's discretion.
2.3 Reporting Violations
(a) Reporting Mechanism: Users are encouraged to report any violations of these user conduct guidelines or community standards. Reporting can be done through the platform's reporting tools or by contacting Sophos directly.
(b) Investigation and Action: Sophos will investigate reported violations and take appropriate action, which may include warning users, removing content, or suspending or terminating accounts based on the severity of the violation.
2.4 User Interaction and Communication
(a) Responsible Communication: You agree to engage in responsible communication and interactions with other users. Any communications, whether public or private, should not violate these Terms or infringe upon the rights of others.
(b) User Disputes: Sophos is not responsible for resolving disputes or disagreements between users. Users are encouraged to resolve conflicts among themselves amicably and responsibly.
2.5 Compliance Monitoring
(a) Monitoring: While Sophos respects user privacy, we reserve the right to monitor user activities and content to ensure compliance with these Terms and to maintain the integrity of the platform.
(b) User Cooperation: Users agree to cooperate with any investigations related to user conduct violations on Sophos.
3. Content Guidelines
3.1 User-Generated Content
(a) Content Ownership: You retain ownership of the content you post, share, or upload to Sophos. By posting content, you grant Sophos a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content in connection with the operation of the platform.
(b) Prohibited Content: You agree not to post, upload, share, or display any content that:
3.2 Moderation and Removal of Content
(a) Content Moderation: Sophos reserves the right to moderate, review, edit, or remove any content that violates these Content Guidelines, community standards, or applicable laws. This includes posts, comments, images, videos, or any other form of user-generated content.
(b) User Reporting: Users are encouraged to report any content that they believe violates these Content Guidelines or community standards. Reporting can be done using the platform's reporting tools or by contacting Sophos directly.
3.3 Copyright and Intellectual Property
(a) Respect for Intellectual Property: Respect the intellectual property rights of others. Do not post or share content that you do not have the right to distribute, including copyrighted material, trademarks, or trade secrets.
(b) DMCA Compliance: Sophos complies with the Digital Millennium Copyright Act (DMCA) and will respond to notices of alleged copyright infringement promptly. If you believe your copyrighted work has been infringed upon, please follow the DMCA notification process outlined in our Copyright Policy.
3.4 Content Accessibility
(a) Accessibility Standards: Sophos is committed to ensuring that its content is accessible to all users, including those with disabilities. We strive to comply with accessibility standards and guidelines to ensure an inclusive user experience.
(b) User Contributions: Users are encouraged to contribute content that is inclusive and accessible to individuals with different abilities or needs.
3.5 Content Retention and Removal
(a) Retention Period: We may retain your content even after you deactivate or delete your account, in accordance with our data retention policies outlined in the Privacy Policy.
(b) Removal of Content: Upon account deactivation or deletion, certain content associated with your account may be removed, subject to our data retention policies and applicable laws.
4. Data Privacy and Security
4.1 Data Collection and Usage
(a) Information Collection: Sophos collects and processes personal information provided by users during account creation, interactions, and usage of the platform. This may include but is not limited to:
(b) Data Usage Purposes: We use collected data for various purposes, including but not limited to:
4.2 Data Security Measures
(a) Security Safeguards: Sophos employs industry-standard security measures to protect user data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission or storage over the internet is entirely secure, and we cannot guarantee absolute security.
(b) Encryption: Sensitive data, such as passwords, is encrypted during transmission and storage using secure encryption protocols.
(c) Access Control: Access to user data is limited to authorized personnel on a need-to-know basis. We regularly review and update access controls to safeguard user information.
4.3 User Consent and Rights
(a) User Consent: By using Sophos, you consent to the collection, processing, storage, and use of your data as outlined in these Terms and our Privacy Policy.
(b) User Rights: Users have the right to access, correct, update, or delete their personal information. Requests for data access or modification can be made through account settings or by contacting Sophos as outlined in the Privacy Policy.
4.4 Data Sharing and Disclosure
(a) Third-Party Services: Sophos may share user data with third-party service providers or partners for purposes such as analytics, advertising, or functionality improvement. These parties are contractually bound to handle data in accordance with our privacy standards.
(b) Legal Obligations and Protection: We may disclose user information in response to legal obligations, to protect our rights, or in cases of suspected fraudulent or illegal activities.
4.5 Data Retention
(a) Retention Period: We retain user data only as long as necessary to fulfill the purposes outlined in these Terms and our Privacy Policy, or as required by law. Upon account deactivation or deletion, some data may be retained for backup, archival, or legal purposes as described in our data retention policies.
(b) Deletion Requests: Users can request the deletion of their account and associated data by following the process outlined in the Privacy Policy. Some data may be retained in accordance with our data retention policies or legal requirements.
5. Third-Party Services and Links
5.1 Third-Party Services
(a) Integration with Third-Party Services: Sophos may integrate or collaborate with third-party services, plugins, or applications ("Third-Party Services") to enhance user experience or provide additional functionalities. These Third-Party Services may have their own terms and privacy policies that govern their use.
(b) User Interaction with Third-Party Services: Interactions with Third-Party Services within Sophos are solely between you and the third party. Sophos does not endorse, control, or assume responsibility for any Third-Party Services or their content. Your use of Third-Party Services is at your own risk.
5.2 Links to External Websites
(a) External Links: Sophos may contain links to external websites or resources that are not owned or controlled by Sophos ("External Links"). These External Links are provided for convenience and informational purposes only.
(b) Disclaimer: Sophos does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites linked from Sophos. Users acknowledge and agree that Sophos shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any content, goods, or services available through External Links.
5.3 Advertisements and Promotions
(a) Third-Party Advertisements: Sophos may display advertisements from third-party advertisers or sponsors. These advertisers are solely responsible for the accuracy, legality, and content of their advertisements.
(b) Advertisement Interaction: Any interactions or engagements with third-party advertisements or promotions on Sophos are solely between you and the advertiser. Sophos shall not be responsible for any interactions, transactions, or consequences resulting from these engagements.
5.4 User Caution
(a) Exercise Caution: Users are encouraged to exercise caution and discretion when interacting with Third-Party Services, External Links, or advertisements on Sophos. Reviewing the terms and privacy policies of third parties is recommended before engaging with their services.
(b) Risk Acknowledgment: Users acknowledge that engaging with Third-Party Services, External Links, or advertisements carries inherent risks, and Sophos shall not be liable for any harm, damage, or loss resulting from such engagements.
6. Intellectual Property Rights
6.1 Ownership of Content
(a) User Content Ownership: Users retain ownership of the content they post, share, or upload to Sophos. By posting content, users grant Sophos a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content in connection with the operation of the platform.
(b) Sophos Intellectual Property: All content, features, functionality, designs, logos, trademarks, service marks, and other proprietary materials displayed on Sophos ("Sophos IP") are owned or licensed by Sophos and are protected by intellectual property laws.
6.2 Use of Sophos IP
(a) Permitted Use: Users may access, view, and use the Sophos IP solely for personal and non-commercial purposes in accordance with these Terms. Any use of Sophos IP beyond the permitted scope requires prior written consent from Sophos.
(b) Restrictions: Users are prohibited from:
Copying, reproducing, or distributing Sophos IP without authorization.
Modifying, altering, or creating derivative works from Sophos IP.
Removing or altering any copyright, trademark, or other proprietary notices from Sophos IP.
Using Sophos IP in a manner that infringes upon the rights of Sophos or third parties.
6.3 Reporting Intellectual Property Violations
(a) Reporting Violations: Sophos respects the intellectual property rights of others and expects users to do the same. If you believe that your intellectual property rights have been violated on Sophos, please report the infringement by following the procedures outlined in our Intellectual Property Policy.
(b) Investigation and Action: Sophos will investigate reported intellectual property violations and take appropriate action, which may include removing or disabling access to the allegedly infringing content, and potentially terminating accounts of repeat infringers.
6.4 User Representations
(a) User Representations: By posting or sharing content on Sophos, users represent and warrant that they have the necessary rights, licenses, or permissions to use, publish, and authorize Sophos to use the content as described in these Terms.
(b) Indemnification: Users agree to indemnify and hold Sophos harmless from any claims, damages, or liabilities arising out of or related to the content they post or share on Sophos, including but not limited to intellectual property infringement claims.
7. Liability Limitations and Disclaimers
7.1 General Disclaimers
(a) As-Is Basis: Sophos is provided "as is" and "as available" without warranties of any kind, either express or implied. We make no warranties, representations, or guarantees regarding the accuracy, reliability, availability, suitability, or completeness of the platform or its content.
(b) Use at Own Risk: Your use of Sophos is at your own risk. We disclaim all warranties and liabilities arising from any inaccuracies, errors, or omissions in content, interruptions, viruses, bugs, or other limitations in functionality, regardless of whether such issues arise from our negligence.
7.2 Limitation of Liability
(a) No Consequential Damages: To the fullest extent permitted by applicable law, Sophos, its affiliates, directors, officers, employees, agents, or licensors shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, data, goodwill, or business reputation.
(b) Direct Damages Limitation: Our total liability for any claim arising out of or relating to Sophos or these Terms shall not exceed the amount paid by you, if any, to us for the use of Sophos.
7.3 Indemnification
(a) User Indemnification: You agree to indemnify, defend, and hold harmless Sophos, its affiliates, directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to your use of Sophos, your content, or any violation of these Terms.
7.4 Third-Party Content and Interactions
(a) Third-Party Content Disclaimer: Sophos may contain content provided by third parties or links to third-party websites. We do not endorse, control, or assume responsibility for the accuracy, completeness, legality, or suitability of any third-party content or websites linked from Sophos.
(b) User Interactions: Sophos allows user interactions, including comments, messaging, or collaborations. We are not responsible for the conduct, statements, or interactions between users. You assume all risks associated with your interactions on Sophos.
7.5 Jurisdictional Limitations
(a) Jurisdictional Compliance: Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, some of the limitations in this section may not apply to you based on your jurisdiction.
7.6 No Warranty of Continuity
(a) Platform Continuity: We do not guarantee continuous, uninterrupted access to or availability of Sophos. We reserve the right to modify, suspend, or discontinue any part of Sophos at any time without prior notice.
(b) Service Interruptions: Sophos may be subject to periodic interruptions, technical failures, or maintenance, and we shall not be liable for any resulting inconvenience, loss, or damages.
7.7 Basis of Bargain
(a) Essence of Agreement: You agree that these limitations of liability and disclaimers form an essential basis of the agreement between you and Sophos, and that Sophos would not provide the platform without these limitations.
8. Termination and Suspension
8.1 User Account Termination
(a) Termination Rights: Sophos reserves the right to suspend, terminate, or restrict access to your account or parts of Sophos at our discretion, without prior notice, for any reason or no reason, including but not limited to:
Violation of these Terms or our community guidelines.
Conduct that we determine to be harmful, abusive, or disruptive to Sophos or other users.
Legal obligations or requests from law enforcement agencies.
User inactivity or violation of our policies.
(b) Account Deletion: Upon termination or suspension, your access to the platform and its features will cease. We may also remove or disable access to any content associated with your account, except as required by law or outlined in our data retention policies.
8.2 User Responsibilities Upon Termination
(a) Obligations Upon Termination: Upon termination of your account, you are responsible for:
Ceasing use of Sophos and its services.
Removing any stored copies of Sophos content, if applicable.
Compliance with these Terms regarding any remaining obligations or liabilities.
(b) Data Retention: Some of your information may be retained in accordance with our data retention policies outlined in the Privacy Policy, even after your account is terminated or deleted.
8.3 Suspension of Access
(a) Temporary Suspension: We may temporarily suspend your access to Sophos if we suspect unauthorized access to your account, violation of these Terms, or any activity that poses a risk to Sophos or its users.
(b) Investigation and Resolution: During suspension, we may investigate the matter and take necessary actions to resolve the issue. If the investigation concludes that no violation occurred, we will restore your access to Sophos.
8.4 Appeals and Account Recovery
(a) Appeals Process: If your account is suspended or terminated and you believe it was done in error, you may contact us to appeal the decision. We will review your appeal and take appropriate actions based on the circumstances.
(b) Account Recovery: In certain cases, subject to our discretion, we may consider reinstating a suspended or terminated account after a successful appeal or resolution of the issue.
9. Governing Law and Jurisdiction
9.1 Governing Law
(a) Applicable Law: These Terms and any disputes arising from or related to your use of Sophos shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles.
(b) International Users: If you access Sophos from locations outside the United States, you are responsible for compliance with local laws in that jurisdiction, to the extent applicable.
9.2 Dispute Resolution
(a) Negotiation and Mediation: In the event of any dispute, controversy, or claim arising out of or relating to these Terms or Sophos, the parties agree to attempt to resolve the dispute through good-faith negotiation or mediation before initiating any formal legal proceedings.
(b) Arbitration Agreement: If the dispute cannot be resolved through negotiation or mediation within [30] days, both parties agree to resolve the dispute through binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) in the jurisdiction of Highlands Ranch, CO and governed by the Federal Arbitration Act.
(c) Exception to Arbitration: Notwithstanding the arbitration agreement, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.
9.3 Venue and Jurisdiction
(a) Exclusive Jurisdiction: Any legal actions, suits, or proceedings arising out of or related to these Terms or Sophos shall be exclusively brought in the state or federal courts located in Highlands Ranch, CO, United States. Both parties consent to the jurisdiction of these courts and waive any objections to the venue or personal jurisdiction.
(b) Waiver of Class Action: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.
9.4 Severability
(a) Severability Clause: If any provision of this Governing Law and Jurisdiction section is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
10. Changes to Terms and Conditions
10.1 Modifications to Terms
(a) Updates and Modifications: Sophos reserves the right, at our sole discretion, to modify or revise these Terms at any time. We may update these Terms to reflect changes in laws, regulations, platform features, or for other reasons deemed necessary.
(b) Notice of Changes: We will make reasonable efforts to notify users of any material changes to these Terms by posting the updated Terms on Sophos, sending an email notification to registered users, or through other appropriate means. Your continued use of Sophos after the effective date of the revised Terms constitutes your acceptance of the changes.
10.2 User Acknowledgment and Review
(a) User Responsibility: It is your responsibility to review these Terms periodically for any updates or modifications. Your continued use of Sophos after any changes to the Terms signify your acceptance of the revised Terms.
(b) Dispute of Changes: If you disagree with any changes to the Terms, your sole remedy is to discontinue using Sophos. Continued use of Sophos following changes constitutes acceptance of the modified Terms.
10.3 Material Changes and Notification
(a) Material Change Definition: We will make reasonable efforts to notify users of material changes to the Terms. Material changes are those that significantly affect your rights, such as changes to dispute resolution procedures, intellectual property rights, or liability limitations.
(b) Notification Period: We will provide notice of material changes a reasonable period before the changes become effective. Your continued use of Sophos after the effective date of material changes constitutes your acceptance of the modified Terms.
10.4 Inconsistencies
(a) Conflicts with Prior Versions: In the event of any conflict between these current Terms and any previous versions, the provisions of the current Terms shall prevail.
10.5 Right to Refuse or Limit Modifications
(a) Discretionary Modifications: Sophos reserves the right to refuse, limit, or discontinue any modification to these Terms, including the right to cease offering Sophos altogether.
11. Indemnification
11.1 User Indemnification
(a) Indemnification Obligation: You agree to indemnify, defend, and hold harmless Sophos, its affiliates, directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:
Your use of Sophos.
Your violation of these Terms or any applicable laws, regulations, or third-party rights.
Your content or any information you submit, post, transmit, or make available through Sophos.
Your interactions with other users or third parties on Sophos.
11.2 Indemnification Procedure
(a) Notice of Claim: In the event of any claim for which Sophos is entitled to indemnification under these Terms, Sophos will promptly notify you in writing of such claim.
(b) Defense and Settlement: You shall have the right to assume the defense and control of any matter subject to indemnification by you, provided that Sophos may participate in the defense and settlement of the claim at its own expense and with counsel of its choice.
11.3 Cooperation and Settlement
(a) Cooperation: You agree to reasonably cooperate with Sophos in the defense of any claim subject to your indemnification obligations under these Terms. Such cooperation includes providing relevant information and assistance.
(b) Settlement Approval: Sophos shall not settle any claim that involves admissions of liability or imposes obligations on you without your prior written consent, which shall not be unreasonably withheld, delayed, or conditioned.
11.4 Survival of Indemnification Obligations
(a) Survival: The indemnification obligations set forth in this section shall survive the termination or expiration of these Terms and shall remain in full force and effect.
12. Severability
12.1 Severability Clause
(a) Enforceability of Provisions: In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
12.2 Effect of Severability
(a) Severed Provision Exclusion: The severance of any provision shall not affect the validity or enforceability of the remaining provisions of these Terms. The remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
12.3 Modification to Preserve Intent
(a) Modification to Preserve Intent: In the event of the severance of a provision that affects the fundamental purpose of these Terms, the parties agree to negotiate in good faith to replace the severed provision with a valid and enforceable provision that most closely aligns with the original intent of the severed provision.
12.4 Severability Application
(a) Application of Severability Clause: The severability clause shall apply to the maximum extent permitted by applicable law in any jurisdiction in which these Terms are to be enforced.
13. Contact Information
13.1 Contact Details
(a) Contact for Inquiries: For inquiries, questions, or concerns regarding these Terms, Sophos, or its services, you may contact us through the following means:
Email: Please email us at info@getsophos.app for general inquiries or support-related matters.
Website: Additional information and contact details can be found on our website at www.getsophos.app/contact.
13.2 Communication Preferences
(a) Opt-Out Option: If you prefer not to receive communications from Sophos, you can opt-out or modify your communication preferences through your account settings or by contacting us through the provided contact information.
13.3 Communication Channel for Legal Notices
(a) Legal Notices: For the service of legal notices or any notices required under these Terms or by applicable law, please send such notices to the attention of the Legal Department at the provided contact address or email.
13.4 Response Time
(a) Response Commitment: We endeavor to respond to inquiries or concerns promptly. While we strive to address all queries in a timely manner, response times may vary depending on the nature and complexity of the inquiry.
13.5 User Feedback
(a) User Feedback: We welcome and appreciate user feedback regarding Sophos and its services. Your suggestions, comments, or ideas can be submitted through the provided contact channels or via the feedback mechanisms available on Sophos