(Updated by the ETS Legal Team on May 28, 2019)

Summary

This App is provided by Educational Testing Service in order to help users improve their reading skills.
ETS collects voice recordings and other data from users of the App. The recordings and usage data are used in an anonymized manner in connection with ETS research. I can learn more about ETS Research by reading the Terms of Use.
If I am downloading this App for use by my child or student, I have the authority to permit ETS to collect the recordings and usage data as described in the Terms of Use.

Detailed Terms of Use

Please read these terms and conditions carefully. By Using the Relay Reader^™ application (the “App”) you are indicating that you have read, acknowledge and agree to be bound by these Terms of Use (the “Terms”). If you do not agree to be bound by the Terms, you may not Use the App. ETS reserves the right, at its reasonable discretion, to modify these Terms at any time, without notice to you. Your continued use of the App after any such modifications constitutes your acceptance of the new Terms and agreement to abide by them. You should review these Terms regularly to stay informed of any changes that may affect you.

If you downloaded the App from the Apple App Store: These Terms incorporate by reference Apple’s Licensed Application End User Agreement, for purposes of which you are the “end user”.

If you downloaded the App from the Google Play Store: These Terms incorporate by reference Google’s Android Market Terms of Service.

If you acquired the App from the ETS website: These Terms apply.

1. General Information

This App is developed and maintained by Educational Testing Service and its respective divisions, subsidiaries and affiliates (“ETS”). Use of this App is governed by the ETS Privacy Policy (the “Privacy Policy”) (a copy of which is available, at http://www.ets.org/legal/privacy/) and these Terms of Use (collectively, these “Terms”). These Terms apply to: (a) any person who Uses (as defined below) this App (referred to as “you”, “your”, and “user”); and (b) to the maximum extent possible under applicable law, any information, content, metadata, data, and material, including any voice recordings, submitted by you or arising from or related to your Use (as defined below) of the App (“Usage Data”).

2. Accepting the Terms

By downloading, accessing, viewing, installing, running or using (collectively, “Using” or “Use”) the App, you represent and warrant that you have read and understand these Terms. You also represent and warrant that you are age 18 or over and either (a) you are using the App yourself, or (b) you are using this App with a child under 18 in order to help the child learn to read, and you have the full power, capacity, and authority to accept these Terms and authorize the child’s use of the App. You further accept and agree to comply with the terms of use of any third-party software or application licensor accessible through this App.

You may not Use the App if you (or your parent or teacher, if you are under age 18) do not agree to be bound by these Terms or if you are otherwise prohibited from Using the App under any applicable laws, statutes, ordinances, or regulations.

You must have access to the Internet, certain necessary software, and, if applicable, compatible mobile devices in order to Use the App. Fees and charges may apply to your use of the Internet and, if applicable, the mobile services. You agree that you are solely responsible for any such fees.

3. Usage Data

You acknowledge and agree that ETS will collect and use the Usage Data as needed to provide the App to you and for other purposes as described in these Terms.

If you register to use the App, you may provide Personal Information (as defined in the Privacy Policy) to ETS (or to ETS’ third party service providers). ETS will handle all Personal Information obtained during registration in accordance with the Privacy Policy.

ETS does not require Users to provide any Personal Information when they use the App. When you use the App, ETS collects Usage Data that does not contain any individual identifiers, including information about your engagement with the App, voice recordings of passages read, and survey data (collectively, “Research Data.”) ETS will not (and will not permit any third party to) associate your identifiers or other Personal Information with the Research Data. ETS may modify Usage Data to remove any Personal Information or other information that may be used to identify you or any other individual in order to create additional Research Data.

You authorize ETS to use the Research Data for any lawful purpose, and you disclaim all rights or interests in the Research Data by or through these Terms. You acknowledge that ETS may use, modify, incorporate or otherwise exploit your Research Data in any media whatsoever, now known or later invented, throughout the world for the purposes of conducting research or analyses, including designing, developing, implementing, modifying and/or improving new, current, or future features, products, and services of ETS. You hereby disclaim any right to any compensation from ETS in connection with ETS’ exercise of its rights in and to the Research Data.

4. Optional Additional Information

ETS may request that you submit additional information that may include whether you are a student, your proficiency in English, and your feedback on a particular book. You understand and agree that providing such information is entirely voluntary and is not required or necessary for your Use of the App. If you elect to provide such information, you acknowledge and agree such information shall be considered Usage Data and ETS will own and may use such information in accordance with these Terms.

5. License Grant

Subject to these Terms, ETS grants to you a worldwide, nonexclusive, non-transferable, non-sublicensable license to Use the App, including any all patches, updates, or upgrades or improvements provided by ETS from time to time, solely for your (and your students’ or child’s) personal and noncommercial use.

6. Restriction on Use

You may not modify the App in any way or remove any copyright, trademark and other proprietary notices therefrom. Except as provided by the license set forth in Section 5, you may not otherwise copy, store (either in hard copy or in electronic format), transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, offer for sale, license, rent, lease, or otherwise exploit the App in any manner inconsistent with the rights of ETS, including, but not limited to, the Use of the App for any purpose, without the express written permission of ETS. You may not Use this App in violation of any applicable terms of use related to third-party software or applications accessible through this App.

7. Ownership

Any Usage Data, the App and any content included in the App or results produced by Use of the App, including, but not limited to, voice recordings, text, names, data, graphics, logos, icons, images, code, methods, techniques, models and software, and all copies, modifications, enhancements and derivative works thereof, are the sole and exclusive property of ETS or its licensors/providers and are protected by the patent, copyright, trademark and trade secret laws of the United States.

8. Termination

ETS may terminate these Terms and/or terminate, change, suspend or discontinue any aspect of the App, including the availability of any features or functionalities of the App at any time, for any reason, without liability or notice to you.

You may terminate your Use of the App by uninstalling the App.

Sections 1 (General Information), 2 (Accepting the Terms), 3 (Usage Data), 7 (Ownership), 9(No Warranties or Liability), 10 (Export and Import) and 11 (Governing Law and Jurisdiction) will survive termination of these Terms.

9. No Warranties or Liability

THE APP AND ITS CONTENT, FEATURES AND FUNCTIONALITY ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. ETS, ITS LICENSORS/PROVIDERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE APP, ITS CONTENT, FEATURES AND FUNCTIONALITY AND ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN CONNECTION WITH YOUR USE OF THE APP.

ETS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WITHOUT LIMITATION TO THE FOREGOING, ETS DOES NOT WARRANT THAT THE OPERATION OF THE APP WILL BE ERROR FREE OR UNINTERRUPTED OR BE PROVIDED OR AVAILABLE WITHOUT INTERRUPTION, OR THAT DEFECTS OR ERRORS CAN OR WILL BE CORRECTED OR THE APPROPRIATENESS OF THE APP FOR ANY PARTICULAR SYSTEM OR ACCURACY OF THE APP’S CONTENT OR RESULTS OR THAT THE USE OF THE APP WILL NOT CAUSE DAMAGE TO YOUR MOBILE PHONE AND/OR COMPUTER (AS APPLICABLE), INTERFERE WITH THE USE OF YOUR MOBILE PHONE AND/OR COMPUTER (AS APPLICABLE), OR CAUSE LOSS OF USAGE DATA OR OTHER DATA FROM YOUR MOBILE PHONE AND/OR COMPUTER (AS APPLICABLE).

IN NO EVENT SHALL ETS BE LIABLE TO YOU FOR ANY CLAIM, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR LOSS OF ANY KIND INCLUDING LOSS OF PROFITS, LOSS OF CONTRACTS, BUSINESS INTERRUPTIONS, OR LOSS OF OR CORRUPTION OF DATA, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT OR OTHERWISE, INCLUDING NEGLIGENCE, AND ANY LOSS OR DAMAGE RELATED TO ANY THIRD-PARTY SOFTWARE, THAT ARISES OUT OF OR RELATES TO YOUR USE OF THIS APP, ITS CONTENT, FEATURES AND FUNCTIONALITY.

10. Export and Import

The App is provided solely for lawful purposes and use. You are solely responsible for, and agree to comply with, all applicable laws, statutes, ordinances, regulations and other governmental authority, however designated, with respect to the Use of the App, including without limitation United States government laws, regulations, orders or other restrictions regarding export from the United States of software, technical data and information or derivatives of such software, or technical data and information.

11. Governing Law and Jurisdiction

You agree that any claim, action or proceeding arising out of these Terms, or your Use of the App, shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey, without regard to principles of conflict of laws. Any claim, action or proceeding related to these Terms will be resolved exclusively in the state or federal courts located in the State of New Jersey and you consent to the jurisdiction of those courts.