TERMS
OF
SERVICE
Bark Google Workspace and Office 365 Offering
Effective date: August 1, 2022
These Terms of Service (“Terms”) govern your use of the Google Workspace and/or Microsoft Office
365 monitoring services of student online activity (the “Service”) made available by Bark Technologies,
Inc. (“Bark”, “our” or “we”). To agree to these Terms, click “I Agree” where indicated in the registration
process for the Service.
Please note your use of the www.bark.us website or related applications (the “Site”) indicates that you
agree to be bound by our Privacy Policy and Website Terms of Use.
1. Introduction. The Service is a tool operated by Bark which provides the subscribing school,
school district or similar educational entity (“you” or “your”) with a list of, and in some cases
email and/or text alerts when potential online dangers (such as cyberbullying) or potential
signs of trouble (such as threats, drug abuse, explicit content, depression or similar matters) are
identified in email or in designated Google or Microsoft apps involving your registered students
(each, a “Covered Account”) using Google Apps or other applications provided through your
Google Workspace services and/or Microsoft Office 365 or other applications provided through
your Microsoft service (each service referred to herein individually and collectively as the
“Platform”). The Service includes automated review by our proprietary technologies of
communications involving the Covered Accounts. The Service currently supports English
language interactions only; additional language interactions may become available in the future.
2. Subscription, Cancellation and Refund Policy. The Service is offered on a free subscription
basis. Subscriptions are month-to-month and automatically renew at the end of each month for
the next succeeding month unless you cancel the subscription. To cancel your subscription at
any time, please navigate to the “My Account” page on our Site. Bark may terminate this
Agreement at any time by providing at least thirty (30) days’ prior written notice to you other
than in the event of a material breach of this Agreement by you in which case Bark may
immediately terminate this Agreement without notice. Upon cancellation, the Service will
terminate and Bark will cease any further review of the Covered Account(s).
3.
Registration.
(a)
General; Administrators; Users. You must be 18 years of age or older in order to subscribe to
the Service. Registration requires you to provide Bark with your name, address, telephone
number and email address, and to set up your account as an account administrator
(“Administrator”) using a user name and password that you select. You may authorize and set
up additional account Administrators and users such as teachers, principals and other
representatives participating within your school system who will have access to the Service and
will receive alerts provided by the Service as selected by you (each a “User”), provided that all
Administrators and Users must be your employees or authorized contractors. You represent
and warrant that all information you provide regarding your account, your Administrators and
your Users is accurate and up to date and will be kept up to date.
(b)
Security/Passwords. You and your Administrators and Users are responsible for
maintaining the confidentiality of your access to the Services. We have no control over use of
user names and passwords and cannot tell whether an unauthorized person is accessing the
Services under user names and passwords belonging to your Administrators or Users. You and
your Administrators will be responsible for immediately terminating access to the Services for
your Administrators and Users who are no longer employed by You or who you no longer wish
to have access to the Services. You and your Administrators and Users are solely responsible for
any use of the user names and passwords associated with your account by you or any third
party. We have no responsibility or liability for any such use. You agree to immediately notify us
of any unauthorized use of your account, user name or passwords or any other breach of
security that is known or suspected by you.
(c)
Students Only. You may register only your students using your Platform to be monitored
under your subscription to the Service. You hereby represent and warrant that each student
specified for any Covered Account to be monitored by the Service is a student using your
Platform.
(d)
Covered Accounts. Upon registration, you must identify all Covered Accounts to be monitored
by the Service. You must also provide the applications within your Platform to be monitored and
the user name and password or other means of authentication of the student for each Covered
Account to be connected to the Service. The Covered Account user’s log-in information is not
stored by Bark but is used to establish our access to the online interactions in the Covered
Account. For each Covered Account, (i) you represent and warrant that you have the legal
authority to access, monitor, review and store online interactions and other
communications to and from such Covered Account, including without limitation, all legally
required consents from a parent or legal guardian of a Covered Account for Bark to provide
the Services in accordance with these Terms and our Privacy Policy, and (ii) you expressly
authorize Bark to access, monitor, review, and store all online interactions and other
communications to and from the Covered Account. Administrators on your account may add
or remove Covered Accounts through your Google Apps dashboard.
(e)
Minimum Age Requirements of Third-Party Platforms. You expressly acknowledge that most
third-party platforms are restricted to individuals who are 13 or older, and that, as between you
and Bark, compliance with any such age requirement is your sole responsibility.
4. Collection of Student’s Information.
(a)
Information. During your registration of a Covered Account for the Service, Bark will collect
the name and date of birth of the student associated with each Covered Account associated with
your account. In connection with providing the Service to you thereafter, Bark will access and
monitor communications to and from each Covered Account, which you understand and agree
may include communications by or from other children. Bark also collects certain location
information regarding the student associated with each Covered Account (including school
name and general location).
(b)
Consent. You expressly consent to Bark’s collection, monitoring and review of any
information obtained in connection with a Covered Account, including all communications to
and from such Covered Account.
(c)
Child Privacy. Questions about Bark’s policies or use of information from children under the
age of 13 can be directed to Bark Technologies Inc., P.O. Box 18603, Atlanta, GA 31126 or at
help@bark.us. You may terminate Bark’s access, monitoring, collection and/or review of any
Covered Account by terminating your subscription by removing Bark from your Google Apps
dashboard. The Site and Services do not offer any in application purchases to children under the
age of 13.
(d)
Disclosure of Information. You acknowledge and agree that the Services may allow you to
share the alerts provided to you through the Services which may contain User Data (as defined
in the Privacy Policy) of your students (all such shared information referred to herein as your
“Shared Information”). We will have no control over your choice to provide access to your
Shared Information or the persons to whom you provide access. We will have no liability to you
in connection with any access you provide to your Shared Information, including without
limitation, liability arising from mistakes that you make in your attempts to provide such access.
5. Health, Welfare, and Safety Reporting; Contact with Parents.
(a)
We provide alerts to you regarding your student's online activities. If you suspect or
determine a threat to the health, welfare, or safety of any individual or entity, you should
contact law enforcement or other governmental agencies to make a report. If we identify
information that in our sole discretion indicates health, welfare, or safety concerns for
an individual or entity, we have the right, but not the obligation, to make reports to law
enforcement or other appropriate governmental agencies, and you consent to our
authority to do so. The foregoing consent is a condition to your use of the Services.
Please note that the Services do not search for, monitor, or report online activity concerning
reproductive health.
(b)
If you provide us with parent contact information for each Covered Account, we will
provide parents of children with Covered Accounts with (i) a welcome message upon
commencement of Services, (ii) a weekly message concerning their child’s Covered
Account activity, and (iii) if directed by you, notification of any reports described in
Section 5.a. above.
6.
Alerts.
In some cases Bark will endeavor to send alerts by email to your designated
Administrator and User email address(es), or by text to your designated Administrator and User
mobile devices (if requested). You are required to maintain updated email or text contact
information for your designated Administrators and Users and bear all risks associated with
providing Bark with inoperable or incorrect contact information.
7.
Disclaimers.
YOU
EXPRESSLY
ACKNOWLEDGE
AND
AGREE
THAT:
(a)
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY FOR
INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, (ii)
ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS,
USEFULNESS, OR CONTENT OF INFORMATION, AND (iii) ANY WARRANTY OF TITLE, NON-
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
(b)
BARK DOES NOT WARRANT THAT THE SERVICE WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
(c)
BARK MAKES NO WARRANTY THAT THE SERVICE WILL MEET ANY OF YOUR
EXPECTATIONS OR REQUIREMENTS; OR THAT USE OF THE SERVICE WILL PROTECT ANY
STUDENTS FROM HARM;
(d)
ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICE IS DELIVERED TO YOU
FOR YOUR USE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM BARK’S PROVISION OF OR
FAILURE TO PROVIDE ANY SUCH INFORMATION;
(e)
NO ADVICE, RESULTS OR INFORMATION OR MATERIALS, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN;
(f)
BARK DOES NOT PROVIDE LEGAL OR MEDICAL ADVICE AS PART OF THE SERVICE;
AND
(g)
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO
DISCONTINUE USING THE SERVICE.
8. Changes to these Terms. Bark may modify these Terms from time to time. You should check
these Terms periodically for modifications. The provisions contained herein supersede all
previous notices or statements regarding our Terms with respect to use of the Services. We
include the effective date of our Terms at the top of the statement. We encourage you to check
our Site frequently to see the current Terms in effect and any changes that may have been made
to them. If we make material changes to the Terms, we will post the revised Terms and the
revised effective date on this Site, and may notify you of such changes by displaying a notice (or
link thereto) on the Site or otherwise. By using the Service following any modifications to these
Terms, you agree to be bound by such modifications.
9. Proprietary Rights.
(a)
Bark (or our licensor) is the owner and/or authorized user of any trademark, registered
trademark and/or service mark appearing in connection with the Service, and is the copyright
owner or licensee of all content and/or information provided to you through the Service, unless
otherwise indicated. Except as otherwise provided herein, use of the Service does not grant you
a license to any content, features or materials you may access through the Service and you may
not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features
or materials, in whole or in part. Any commercial use of the Service is strictly prohibited, except
as allowed herein or otherwise approved by us.
(b)
If you make use of the Service other that as provided herein, in doing so you may violate
copyright and other laws of the United States, other countries, as well as applicable state laws
and may be subject to liability for such unauthorized use. We do not grant any license or other
authorization to any user of our trademarks, registered trademarks, service marks, other
copyrightable material or any other intellectual property by including them on the Service.
(c)
The information on the Service, including, without limitation, all text, graphics, interfaces,
and the selection and arrangements is protected by law including copyright law.
(d)
Product names, logos, designs, titles, words or phrases may be protected under law as the
trademarks, service mark or trade names of Bark or other entities. Such trademarks, service
marks and trade names may be registered in the United States and internationally.
(e)
The Bark logos and service names are trademarks of Bark (the “Bark Marks”). Without our
prior permission, you agree not to display or use Bark Marks in any manner. Nothing on the Site
should be construed to grant any license or right to use any Bark Mark without our prior written
consent.
(f)
License by You to Use Feedback. You grant to us and our affiliates a worldwide, perpetual,
irrevocable, royalty-free license to use and incorporate into the Services any suggestion,
enhancement request, recommendation, correction or other feedback provided by you or your
Administrators or Users relating to the operation of the Services.
10. Limitations of Liability. IN NO EVENT SHALL BARK, ITS AFFILIATES, SERVICE PARTNERS OR
ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, OR CONTENT OR
SERVICE PROVIDERS BE LIABLE FOR (a) ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR
INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, OR ANY OF
THE CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR
SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF BARK OR ITS REPRESENTATIVE OR SUCH
INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) AGGREGATE
DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE
OF THE SERVICE EXCEED, THE AMOUNT OF THE SUBSCRIPTION FEES PAID BY YOU TO BARK.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FOR PURPOSES OF THIS
AGREEMENT, THE TERM “SERVICE PARTNERS” REFERS COLLECTIVELY TO BARK’S
AFFILIATES, RESELLERS, REFERRAL PARTNERS, CONTENT PROVIDERS AND SERVICE
PROVIDERS WHO PROVIDE SERVICES TO BARK IN CONNECTION WITH ITS MARKETING, SALE
OR PROVISION OF THE SERVICES.
11. Compliance with Law. You agree to comply with all applicable laws, rules and regulations in
connection with your use of the Service. Without limiting the generality of the foregoing, you
agree to comply with all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
12.
Applicable Law/Jurisdiction.
You agree that the laws of the state in which your school or
school district is located, excluding its conflicts-of-law rules, shall govern these Terms. Please
note that your use of the Service or the Site may be subject to other local, state, national, and
international laws.
13.
Class Arbitration. Any dispute, controversy or claim arising out of, relating to or in
connection with these Terms, including the breach, termination or validity thereof, shall be
finally resolved by arbitration. The tribunal shall have the power to rule on any challenge to
its own jurisdiction or to the validity or enforceability of any portion of the agreement to
arbitrate. The parties agree to arbitrate solely on an individual basis, and that this
agreement does not permit class arbitration or any claims brought as a plaintiff or class
member in any class or representative arbitration proceeding. The arbitral tribunal may
not consolidate more than one person's claims, and may not otherwise preside over any
form of a representative or class proceeding.
14.
Miscellaneous.
(a)
The Terms constitute the entire agreement between you and Bark and govern your use of
the Service (as the case may be), superseding any prior agreements between you and Bark. You
also may be subject to additional terms and conditions that are applicable to certain parts of the
Service.
(b)
You agree that no joint venture, partnership, employment, or agency relationship exists
between Bark and you as a result of this Agreement or your use of the Service.
(c)
Any claim or cause of action you may have with respect to Bark must be commenced within
one (1) year after the claim or cause of action arose.
(d)
The failure of Bark to exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect.
(e)
You may not assign the Terms or any of your rights or obligations under the Terms without
Bark’s express written consent.
(f)
The Terms inure to the benefit of Bark’s successors, assigns and licensees. The section titles
in the Terms are for convenience only and have no legal or contractual effect.
(g)
Other than the provisions benefiting Bark’s Service Partners as set forth in Section 10
hereof, which provisions shall be directly enforceable by such Service Partners, or as otherwise
specifically set forth herein, the parties do not confer any rights or remedies upon any third
party, including any students, Administrators, Users or any other person or entity other than the
parties to this Agreement and their respective successors and permitted assigns.
15. Notices
/
Contacting Us. Bark may notify you via either email or regular mail to the addresses
your Administrator provided upon registration of your account or as updated thereafter. Any
inquiries you may have concerning these Terms, or to provide any notice to Bark hereunder,
should be directed to: Bark Technologies Inc., P.O. Box 18603, Atlanta, GA 31126, with a copy to
help@bark.us.
