Terms of use

Agreeing to these terms

MoodSpace Classroom (“the service”) is provided by MoodSpace (“we”, “us”). By creating an account, joining a class, or using the service or this website, you agree to these terms and to our privacy policy. If you don't agree, please don't use the service.

A school that uses MoodSpace Classroom may also have a separate written agreement with us. If it does, that agreement takes priority over these terms where they differ.

What the service is

A private wellbeing check-in for schools. Children tell their teacher how they feel and what they need. Teachers use that to notice who might need them and follow up in person. Families stay connected as their school's settings allow. School leaders see anonymous totals. Staff can talk privately with colleagues working with the same children.

What it is not

• Not a medical, counselling or mental health service. It doesn't assess, diagnose or treat anything, and nothing in it is medical or professional advice.
• Not an emergency or crisis service. It isn't monitored around the clock, and a message or check-in may not be seen straight away. If anyone is in danger, call 111.
• Not a replacement for people. It supports, and never replaces, the judgement of teachers, families, counsellors and the school's own child protection procedures. Decisions about a child's care remain with the school and the family.

Who can use it

• Schools that we have set up, and the staff they invite.
• Parents and legal guardians invited by their child's school. Only a parent or legal guardian may agree to a child using the service.
• Children at those schools, once a parent or guardian has agreed. Children use it at school, with their school's supervision.
• Visitors to this website and the demo school.

Schools' responsibilities

A school that uses MoodSpace Classroom is responsible for:

• Deciding to use it, setting its policies in the app, and checking those settings suit its own obligations, including under the Privacy Act 2020 and its child protection policy.
• Inviting only its own staff and the parents or legal guardians of its children, and keeping class lists accurate.
• Naming a designated safeguarding lead and following its own procedures when a concern is raised. The app records concerns; it does not act on them.
• Supervising children's use at school, training staff, and responding to families' requests about their information.
• Removing staff access promptly when someone leaves.

Accounts and security

• Keep your password, and a child's login card and PIN, private. Tell the school straight away if you think someone else has used your account.
• Use your own account only. Staff must not share sign-ins, and must only open information they need for their work with a child.
• You're responsible for what is done with your account, unless it was used without your permission and you told us or the school promptly.

Using it properly

When you use the service, you agree not to:

• Try to see information you aren't allowed to, use someone else's account, or tap another child's name on a class tablet.
• Copy, share, screenshot or publish another person's information outside the service, except as your school's procedures require.
• Post anything unlawful, threatening, abusive, discriminatory or harmful, or anything that identifies a child to people who shouldn't see it.
• Interfere with the service: probing, scraping, overloading, reverse engineering, or getting around its security.
• Use the service for advertising, selling, or any purpose other than supporting children at school.

Your information and content

Information that schools, staff, families and children put into the service belongs to them, and the school is responsible for it. You give us permission to store and process it only to run the service for the school, as our privacy policy explains. We don't sell it, and we don't use it to train AI.

You're responsible for what you write. Please keep it accurate, respectful and relevant to supporting the child.

Our intellectual property

MoodSpace, MoodSpace Classroom, MoodBuddy, the Feelings characters, the app's design, artwork, sounds, words and software belong to MoodSpace or its licensors and are protected by law. You may use them only through the service, for its intended purpose. You may not copy, adapt, sell or redistribute them, or use the MoodSpace name or characters, without our written permission.

If you send us feedback or ideas, we may use them to improve MoodSpace without owing you anything for them.

The demo school

The demo school uses made-up children, families and staff, and resets every day. Please don't enter any real person's information into it. Anything entered may be seen by other visitors and is deleted at the next reset.

Availability and changes

We work hard to keep the service running and secure, but we can't promise it will always be available, uninterrupted or free of errors. We may need to pause it for maintenance or to fix problems, and we may change, add or remove features. We'll tell schools in advance of any change that significantly affects how they use it, where we reasonably can.

We may update these terms. The date at the top shows when they last changed. If you keep using the service after a change, the updated terms apply. If a change is significant, we'll tell schools first.

Our responsibility to you

Your legal rights come first. Nothing in these terms limits any right you have that can't be excluded by law, including under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 where they apply to you.

To the extent the law allows:

• The service is provided as it is and as it is available. Because it supports, and doesn't replace, people's judgement, we aren't responsible for decisions made or not made by schools, staff or families, or for anything that results from a check-in, message or concern not being seen or acted on.
• We aren't liable for indirect or consequential loss, or loss of profits, data or opportunity.
• Where a school uses the service for the purposes of its business, the Consumer Guarantees Act does not apply, and our total liability to that school for any claim is limited to the amount it paid us for the service in the 12 months before the claim, or, if it paid nothing, to resupplying the service.

Nothing here limits our responsibility for loss caused by our own fraud, or for any liability that can't be limited by law.

Suspending or ending access

We may suspend or end an account or a school's access if these terms are seriously broken, if it's needed to protect children, other users or the service, or if the law requires it. Where we reasonably can, we'll tell the school first. A school can stop using the service at any time by contacting us. Families can pause or withdraw their child at any time in the app.

General

• These terms are governed by the laws of New Zealand, and the courts of New Zealand have jurisdiction.
• If any part of these terms can't be enforced, the rest still applies.
• If we don't enforce a term straight away, we haven't given up the right to.
• Questions about these terms: ask your school, which can contact MoodSpace, or use the Bring MoodSpace to your school form.