1. Terms of Use

Whenever you use the MobLab website or the MobLab services (collectively, “Services”), these terms apply to you. If you do not agree to all of these terms, please do not use the Services. If you visit the website or use our applications or any other services, you are agreeing to these terms. These terms are one part of the agreement between you and MobLab (“Agreement”). If you use any MobLab applications, the Agreement also includes the MobLab App End User License Agreement (“EULA”) and, if you download a MobLab app from the Apple App Store, the Apple Licensed Application EULA. Your Agreement with MobLab also includes our Privacy Policy and any policies on our website.

These terms contain a class-action waiver in Section 15 that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully.

As a precondition for using the Services, you must agree to these terms. If you accept these terms, you represent that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into agreements such as these terms, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these terms.

To ensure that we’re all speaking the same language, here is how we’ll refer to the different types of users who may use our Services:

• When we say “you” or “user” we mean everyone who is using our Services, including Instructors and Participants.
• “Instructor” means a person or entity using the Services to run games or surveys. Some of our Services may not have Instructors. For example, we may offer games or other services to end users directly, without any tie to a particular school or class.
• “Participant” means a person who is playing a game, taking part in a survey or using our services who is not an Instructor. For example, students who are assigned to use our Services as part of a class are Participants.
• “Research Participant” means a Participant who uses the Services in order to fulfill assignments as a research participant.

You can be an Instructor for one game and a Participant in another – we use these terms to describe your rights and obligations in each role.

Certain programs may be subject to additional terms: additional terms may be shown on the landing page for the relevant program and will supersede any conflicting terms in the main Terms of Use. If you are a Participant, you may be presented with separate terms and conditions from your Instructor or researcher in connection with Protocols (defined below).

1. Instructors

• If you are an Instructor, you can only use your account for the purposes we describe in these terms.
• You are responsible for everything done through your account so please do not share your password with anyone you do not want to be accountable for. Please notify us right away if you have lost control of your account ID or password or you suspect there is unauthorized activity in your account.
• You are solely responsible for fully complying with applicable Institutional Research Board (“IRB”) protocols and any other applicable standards and requirements (“Protocols”). While we may offer guidelines and tools to help you comply, you must independently confirm and take any additional or different steps necessary to ensure your full compliance.
• As an Instructor, you should be aware of the way we collect and share the information we gather when you run games. Please read our Privacy Policy.
• You may not attempt to correlate any information from the games run by our Services (“Game Data”) or demographic data provided by Participants with any individual person.
• Do not create surveys that:

• Request information from children under the age of 16 in the EU and 13 in the U.S.
• Request sensitive information from respondents, including but not limited to:

• Social Security number
• Driver’s license number
• Financial or payment card information
• Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership
• Genetic data
• Biometric data for the purpose of uniquely identifying a natural person
• Data concerning health or data concerning a natural person’s sex life or sexual orientation.

2. All other users (including Participants)

   • You will use your school or personal email as username (“User ID”) when you register for any account. If you are a Research Participant, in lieu of registering, a User ID and/or password may be created for you. In any event, you must not share your User ID or password with any other person. Please notify us right away if you have lost control of your account ID or password or you suspect there is unauthorized activity in your account.
   • You should be aware of the way we collect and share the information we collect from the games. In particular, you should not reveal your real name or any other personal information during in-game chats because this information becomes part of the Game Data. Please read our Privacy Policy.
   • Do not submit sensitive information through the Services, including but not limited to:

• Social Security number
• Driver’s license number
• Financial or payment card information
• Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership
• Genetic data
• Biometric data for the purpose of uniquely identifying a natural person
• Data concerning health or data concerning a natural person’s sex life or sexual orientation.

3. Student Refunds

   • A student Participant who enrolls with MobLab for a particular class may cancel enrollment and receive a refund as to that class within 14 days of the date that the class was first added to the student’s account.
   • MobLab may offer discounts or fee waivers for students who enroll with MobLab for multiple classes in the same academic term. If a student requests a refund for the paid class but remains enrolled in additional classes, MobLab may require payment for one or more of the additional classes. In such cases, MobLab reserves the right to credit the amount already paid against the amount owed for the additional class(es)

4. Fees

   • Free Academic Use
     • We offer our Services free to academics, i.e. faculty members, instructors, and graduate student instructors. By “academics”, we mean those who teach classes, either face-to-face or online, in connection with academic programs offered by (i) K-12 schools and school districts and (ii) non-profit private and public colleges, universities, graduate schools and professional schools
     • We reserve the right to decide, in our sole discretion, whether or not a use qualifies as an academic instructor user. If you sign up for our Services as an Instructor and we determine that your status does not constitute an academic, we may suspend or terminate your account at any time.
     • We reserve the right to release premium versions of our Services for a fee at any time. However, that would not affect our commitment to provide a free version of our Services for academics for instructional purposes
   • Paid Use
     • Please visit www.moblab.com/pricing or contact us for information about Services fees. We reserve the right to charge or increase our rates for any or all Services.
     • For academics who wish pay on behalf of their students with personal, departmental or institutional funding sources, please refer to our pricing page, www.moblab.com/pricing, for more details.
     • We may also offer promotional deals, which will be subject to the terms posted on our website. We reserve the right to change or cancel these promotions at any time.

5. Things You Cannot Do

   • Lie to us in connection with your use of our Services. This includes but is not limited to giving false information in your registration, your Instructor application or your profile.
   • Conduct research or run games without strictly complying with all applicable laws and regulations that apply to human subject studies.
   • Open multiple accounts, except if you are a Research Participant and have been granted permission to do so.
   • Open a new account without our written permission if we have terminated your prior account or suspended your access to the Services.
   • Transfer your account to someone else.
   • Resell, rent or lease your account or use of the Services.
   • Do anything that smacks of bad online citizenship such as spam our users, distribute spyware or viruses, collect personal information without disclosing and abiding by your published privacy policy, or attempt to reverse engineer or hack into our systems.
   • Post anything that could be considered defamatory, libelous or criminal.
   • Infringe any third party rights, including rights of publicity or privacy, and intellectual property rights.
   • Bypass any technical protections or throttling that we institute, or access, use or scrape the Services by any automated means unless you are a search engine crawling the website for the sole purpose of creating a publicly accessible search index.
   • Apply to be an Instructor if you are under 18.
   • Register for any account if you are under 13, or under 16 in the European Economic Area, Switzerland or the UK.
   • We will take any action we decide is appropriate in response to any of the foregoing bad actions, including suspending or terminating your account.

6. Game Data

   • MobLab will receive a copy of all Game Data.
   • MobLab may use and share Game Data in accordance with our Privacy Policy.
   • If you are publishing results from a MobLab game or any other Game Data, we require the following attribution: MobLab Inc., www.moblab.com.

7. Your Content

   • We may offer the ability to post comments and other content through our app and on our website. You are 100% responsible and liable for any content you post, including its accuracy, lawfulness and truthfulness. You must own or have all necessary rights to post your content, and it must comply with any content policies we post to our website or otherwise provide to you.
   • We reserve the right to delete any content you post at anytime, for any or no reason.

8. Special Terms for Participants Ages 13-18

   • Except for any additional terms that state otherwise, MobLab may allow Participants in countries outside the European Economic Area, Switzerland and the UK who are between the ages of 13 and 18 (“Minor Participants”) in limited circumstances.
   • Instructors are permitted to invite Minor Participants to a game only if (a) all Minor Participants are students in a high school or college class taught by the Instructor, (b) the Instructor has verified through school records that each Minor Participant is over the age of 12, (c) all Participants (not just the Minor Participants) are members of the same class, (d) for research oriented activities, the Instructor meets all applicable legal requirements related to the Minor Participants and meets the necessary IRB and any other Protocols, and (e) the Instructor has obtained any legally required consent from parents or guardians. Instructors must actively moderate the chat room participation of Minor Participants. The minimum age for Participants in EU is 16. Instructors who invite Minor Participants explicitly represent and warrant that they comply with these additional requirements and will provide supporting documentation at MobLab’s request.

9. Licenses You Grant MobLab

   • MobLab may post any content a user submits to any comment or chat board (or any other forum) hosted on www.moblab.com or any of its sub-domains or any of our social media outposts, including but not limited to, Facebook, Google+, Twitter, create derivative works from it, distribute it and use it in other ways. You hereby grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, transferable right to use the content you submit, for either training or promotional purposes, and you irrevocably waive all claims and assertions of moral rights or attribution associated with your content.
   • Though MobLab may post any content posted by Participants through our in-game chat feature, the content will not be released to the public before being made completely anonymous.

10. Infringement

    • MobLab is strongly committed to respecting intellectual property and other rights. Please visit www.moblab.com/resources/infringement-policy to see our Infringement Policy or report infringement.

11. Ownership

    • MobLab retains all right, title and interest in our website, games and other Services, trademarks, service marks and logos, including all underlying software, technology and processes and any enhancements or modifications.
    • Except for the attribution described above, you may not use our trademarks.
    • Except for rights expressly granted in the Agreement, nothing in the Agreement grants you any other right, title or license.
    • If you provide us any feedback or suggestions (“Feedback”) about our Services, including our games, we own the Feedback and can use it freely without any compensation, accounting or attribution to you.
    • The Services may link to, frame or incorporate third party content and services. MobLab does not own or take responsibility for such third party’s or their content and services.

12. Indemnity

    • You will indemnify, defend, and hold harmless MobLab, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to this Agreement, your use of the Services and/or your content. MobLab reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

13. Disclaimers and Limits on Liability

    • THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. THE COVERED ENTITIES DO NOT MAKE ANY REPRESENTATION AS TO THE POTENTIAL REVENUES OR OTHER BENEFITS YOU MAY REALIZE BY USING THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT REPRESENT THAT THE SERVICES WILL BE CONTINUOUSLY AVAILABLE, ERROR FREE, OR FREE OF VIRUSES, OR THAT PROBLEMS WILL BE CORRECTED. Like all Internet businesses, our Services are vulnerable to down time caused by events such as outages in telecommunications, cable and other communications systems, failures of your equipment and access services, scheduled maintenance and events beyond our control such as civil disruption and natural disasters. We make no service level guarantees about our Services.
    • THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR THIRD PARTY WEBSITES, SERVICES, SOFTWARE OR ANYTHING ELSE LINKED, FRAMED OR INCORPORATED INTO THE MOBLAB SERVICES. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC.
    • THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR STORING OR BACKING UP ANY GAME DATA OR YOUR CONTENT. YOU ARE RESPONSIBLE FOR STORING AND BACKING UP YOUR GAME DATA AND YOUR CONTENT.
    • THE COVERED ENTITIES ARE NOT RESPONSIBLE TO ANY GRANT PROVIDERS WHO FUND YOUR GAMES. YOU ARE RESPONSIBLE FOR COMPLYING WITH ANY AND ALL REQUIREMENTS FROM ANY GRANTING OR OTHER FUNDING ORGANIZATION(S).
    • TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COVERED ENTITIES SHALL NOT BE LIABLE FOR DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM CUMULATIVE LIABILITY OF ALL COVERED ENTITIES COLLECTIVELY, FOR ALL ACTIONS ARISING OUT OR RELATED TO THESE TERMS OF SERVICE, THE PRIVACY POLICY AND/OR THE SERVICES IS THE GREATER OF THE AMOUNT YOU HAVE PAID MOBLAB FOR THE SERVICES OVER THE PRIOR SIX MONTHS OR $5.00. SOME JURISDICTIONS DO NOT ALLOW LIMITS OF LIABILITY FOR SOME DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.

14. Termination

    • We reserve the right to suspend or terminate your access to the Services and/or your account at any time for any or no reason. This is not our exclusive remedy under any circumstances.
    • This Agreement will survive termination or suspension of your access to the Services and/or closure of your account.
    • We reserve the right to keep copies of all information you provide to the Services, including all games and all Game Data, on our systems indefinitely, but we will only use them ourselves as described in the Agreement.
    • If you are only a Participant and you or we close your account, we may retain your personal information, the demographic information you provided and the Game Data from the games you participated in. You should assume that Instructors are doing the same.
    • If you are an Instructor and you or we close your account or revoke your Instructor status, we may retain your information in association with the games you conducted. Whether that information is public depends on the public/private setting you chose for each game. (If you are an Instructor who is also a Participant, the rules above govern your information as a Participant.)
    • We may offer the options to permanently deactivate your account or put it on “hold” – if so, we will tell you what will happen to your registration data in each case.

15. Miscellaneous

    • The Agreement incorporates all MobLab policies and additional terms found on the website.
    • We reserve the right to change these terms at any time. When we make such changes, we will post them to our websites and you will be able to access them through the same link you used before. Your use of the Services after such changes constitutes acceptance of the new terms.
    • MobLab will be entitled to recover any legal fees and other costs associated with enforcing the Agreement.
    • We will communicate with you either by emailing the address associated with your account or by posting on the website itself. You and we will give any notices required or permitted by the Agreement (other than legal process) by email with the proviso that we will email your account address and you will email us at legal@moblab.com. Emails to other addresses will not satisfy any notice requirement.
    • You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services. For example, to the extent the CAN-SPAM Act applies to anything you do, you agree to comply with it.
    • The Agreement is the entire agreement between you and MobLab and it replaces any other agreement between us on this subject. Aside from our right to make changes described in this Agreement, any amendments to the Agreement must be in a writing signed by both parties.
    • You cannot assign the Agreement without our written agreement. We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement.
    • The Agreement is governed by the laws of the State of California, excluding its choice of laws principles. The parties will resolve any disputes in the courts of Los Angeles County, California, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction.
    • Except to the extent applicable law does not permit the following restriction, any claim (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.
    • If any provision of the Agreement is unenforceable, the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by an authorized representative of the waiving party.

Last updated on January 7, 2021.