Effective Date
July 1st, 2024
Introduction
Welcome to Mela Mela.
The Mela Mela website (“Website”), the Mela Mela Web Application (“Web App”), and related services (together with the Website and Web App, the “Service”) are operated by Mela Mela, Inc. (“Mela Mela”, “We”, “Us”, “Our”).
We invite You (“You”, “Your”) to access the Mela Mela Service, but Your invitation is subject to Your agreement with these Terms of Service. The terms outlined below act as a contract between You and Us and describe Your rights and Our rights related to the provision of the Mela Mela Service. Please read these Terms of Service and Our Privacy Policy (together, these “Terms”) carefully before accessing or using Our Service.
By accessing or using any part of Our Service, You agree to be bound by these Terms. If You do not agree to these Terms, then You may not access Our Service.
You must be 18 years or older to access or use Our Service.
Changes to the Agreement
We may modify these Terms from time to time to reflect changes in Our business, market conditions, payment methods, technology, and/or relevant laws and regulatory requirements. We reserve the right to change or modify portions of these Terms of Service at any time. If We modify these Terms of Service, We will post the changes on this page and indicate at the top of this page the date these terms were last revised. If You have provided Us with an email address, We will notify You by email; however, We are not obliged to do so. Any changes will become effective no earlier than 7 days after they are posted. Your continued use of our Service after the date that any such changes become effective becomes Your acceptance of the new Terms of Service.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
User Content
The Mela Mela Website Application allows You to input student instructional information for the purposes of goal setting, progress monitoring, analytics, and reporting. You agree to comply with all federal and state regulations regarding data, including but not limited to the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPPA).
You are solely responsible for all inputs, notations, images, information, data, text, photographs, graphics, messages or other materials (“Content”) that You upload and share (hereinafter, “upload”) via the Service. We reserve the right to investigate and take appropriate legal action against anyone who, in Mela Mela' sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting You to the law enforcement authorities. You agree to not use the Service to email or otherwise upload any content that
Infringes any intellectual property or other proprietary rights of any party
You do not have a right to upload under any law or under contractual or fiduciary relationships (See FERPA and HIPPA Sections below)
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
Poses or creates a privacy or security risk to any person
Is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
in the sole judgment of Mela Mela, is objectionable or which restricts or inhibits any other person from using the Service, or which may expose Mela Mela or its users to any harm or liability of any type
FERPA
The Family Educational Rights and Privacy Act (FERPA), enacted in 1974, is a U.S. federal law that protects the privacy of student education records. It grants students the right to access their records, request corrections, and control the disclosure of their Personally Identifiable Information (PII). Schools must obtain written consent from students or their parents before releasing educational records, except in specific situations, such as to school officials with legitimate educational interests or in response to a judicial order. FERPA applies to all educational institutions receiving federal funding, ensuring the confidentiality of student records and restricting access to authorized parties only.
As part of the Service, Users may enter student PII, for example, student names. Mela Mela receives this data solely to administer the Service as is detailed in its sales contract with an educational institution. Mela Mela maintains student data privacy by applying several data security practices, including employing only SOC2 compliant cloud-native services, running periodic regular security audits on our cloud infrastructure, and restricting storage of sensitive data (PII, PHI) in the application itself. Mela Mela will only share student data upon consent from the educational institution, parent or student, or to comply with FERPA or other applicable laws.
HIPPA
The Health Insurance Portability and Accountability Act (HIPAA), enacted in 1996, is a U.S. federal law designed to protect the privacy and security of individuals' medical information. It sets standards for the Protected Health Information (PHI), requiring covered entities— healthcare providers, insurers, and their business associates— to safeguard patient data. HIPAA grants patients rights over their health information, including the right to access their records and request corrections. It also establishes measures for secure electronic health transactions. Compliance with HIPAA ensures that medical information remains confidential and is disclosed only with patient consent or as legally mandated.
Some Users of the Mela Mela service are considered covered entities due to their access to their student’s PHI. This includes, but is not limited to physical, mental, and emotional conditions and diagnoses; treatment plans and medical histories; dates related to healthcare (e.g., date of diagnosis, treatment dates); immunization records; and other medication details.
As a user of our services, You acknowledge and agree to the following terms to ensure compliance with HIPAA:
No PHI Input: You agree not to input any student PHI or other information where PHI could be inferred into our platform. This includes but is not limited to any medical records, treatment plans, diagnosis details, or any identifiable health information.
De-identification of Data: If You must input health-related information for educational purposes, ensure that all data is de-identified according to HIPAA standards. De-identified data means that all personal identifiers have been removed, including but not limited to names, geographic information, dates directly related to an individual, contact information, and any other unique identifiers.
Training and Awareness: Ensure that all qualified users who use the Mela Mela platform are trained on submitting appropriate information.
Review and Audit: Regularly review and audit the information entered into the Mela Mela platform to ensure compliance with these terms. Take corrective actions if any non-compliance is identified.
By adhering to these guidelines, You help maintain the confidentiality and security of sensitive health information and ensure that Our platform remains a safe and compliant tool for educational purposes.
User Conduct
By using Our Services, You agree to follow these Terms of Service and all applicable laws.
You also agree not to:
Collect data from Our Service to create a database without Our permission
Use the Service to collect user info for unsolicited emails or create fake accounts
Bypass or interfere with Our security features or content restrictions
Frame or link to Our Services without authorization
Mislead Us or other users, especially to gain sensitive info like passwords
Misuse Our Services, including submitting false abuse reports
Use automated tools like scripts or bots to interact with the Services
Disrupt or overload the Services or connected networks
Impersonate other users or use their usernames
Use information from the Services to harass or harm others
Compete with Us using our Services or content for commercial gain
Reverse engineer Our software, unless allowed by law
Bypass access restrictions on the Services
Harass or threaten Our staff
Remove copyright notices from any content
Copy or modify our software code
Payments and Billing
Subscription Charges
Unless otherwise noted in the supplementary terms, except during Your free trial, all fees associated with Your account ("Subscription Charges") are due in full and payable in advance when You subscribe to the Service. Unless otherwise stated, the Subscription Charges are based on the Service Plans You select and are payable in full until You terminate Your account. You will receive a receipt each time a payment is made to Us. You may also access a payment receipt directly within the Service.
Payment Methods
Subscription Charges can be settled using Your credit card or another approved payment method as detailed in a payment form. For payments made by credit card, the amount is due immediately upon Your receipt of Our invoice. You give Us, or Our authorized agents, permission to charge Your credit card at the time of Your subscription to the Service (including any renewals). If You choose to pay through other accepted methods, payment must be made within thirty (30) days from the date of our invoice, unless a different term is specified in a payment form.
Renewal
Your subscription to the Service(s) will automatically renew for a term equal to the expiring term. Unless specified differently in any payment or subscription form, the Subscription Charges for any subsequent term will be at Our standard rates for the Service Plan You are subscribed to at the start of that renewal term. You acknowledge and agree that if You do not terminate Your account as specified, Your credit card or other previously used payment method will be automatically charged for the relevant Subscription Charges.
Account Access
Mela Mela shall use all commercially reasonable efforts to make Our Service available at all times. You acknowledge that You may not be able to access or use Our Service during (1) planned downtime, which may include but is not limited to software updates and maintenance (2) any unavailability caused by circumstances beyond Our control, included without limitation, acts of God, acts of government, civil unrest, acts of terror, or Internet Service Provider failures or delays.
Account Suspension or Termination
Terminations by You
If You wish to terminate Your Account with Mela Mela, You may do so by emailing support@mela-mela.org.
Termination Process
Suspension and Termination by Us
Mela Mela reserves the right to suspend or terminate Your Mela Mela account or Your access to all or part of the Service if (1) You fail to pay for the Service in a timely manner, as detailed in Our Payments and Billing section above; (2) You materially or repeatedly breach this Agreement; (2) We are required to do so to comply with a legal requirement or court order; or (3) We reasonably believe that there has been conduct that creates (or could create) liability to harm to any user, other third party, Mela Mela or Our affiliates.
Termination by You
You can terminate Your Account by contacting us at support@mela-mela.org
Effect of Terminating Your Account
Data Export
We recommend exporting all Service Data before terminating Your account. After Your account is terminated, whether by You or Us, We will keep Your Service Data for 21 days, during which You can request its export. After this period, all Service Data will be permanently deleted and cannot be recovered.
Charges
If You terminate Your account before the end of Your current Subscription Term, You must pay any outstanding Subscription Charges for the rest of the term unless We agree to waive this in writing. You won't need to pay these charges if You end Your subscription or account due to Our significant breach of the Terms, provided You have informed us of the breach and given Us at least 30 days to address it.
Intellectual Property Disclosure
You agree that all Our Content and Services are the property of Mela Mela, Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree You will not reproduce or redistribute Mela-Mela’s intellectual property in any way, including electronic, digital or new trademark registrations.
Third Parties Clause
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Mela Mela has no control over such sites and resources and We are not responsible for and do not endorse such sites and resources. You agree that Mela Mela will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings You have with third parties found while using the Service are between You and the third party, and You agree that Mela Mela is not liable for any loss or claim that You may have against any such third party.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MELA MELA BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF MELA MELA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MELA MELA’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MELA MELA FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Indemnification
Mela-Mela is not liable for any damages that may occur to You as a result of Your misuse of Our Services.
You agree to defend, indemnify and hold harmless Mela Mela, Inc., and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to Your access or use of Our Services, any false representation made to us (as part of these Terms and Conditions or otherwise), Your breach of any of these Terms and Conditions, or any claim that any translation we provide to You is inaccurate, inappropriate or defective in any way whatsoever.
Arbitration Agreement
You agree that any disputes, claims, or requests related to Your use of our Service will be settled by binding arbitration instead of going to court. However, You can take claims to small claims court if they qualify, and either You or Mela Mela can go to court for issues involving intellectual property rights. This Arbitration Agreement covers all disputes or claims, including those that arose before this Agreement or any previous version of it.
No Warranties by Mela Mela
Your use of the Mela Mela Service is at Your own risk. Our Service is provided on an “as is” and “as available” basis. We make no warranty that (1) the service will meet Your requirements, (2) the Service will be uninterrupted, timely, secure, or error-free, or (3) the results obtained from the use of the Service will be accurate or reliable.
Contact Information
Please contact us at 2929 S Harbor Blvd, Santa Ana, CA 92704, or ops@mela-mela.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.