Terms


Learnbudy, (“Learnbudy,” “we,” “us,” “our”) provides its services (described below) to you through its website located at Learnbudyapp.com (the “Site”) and its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fifteen (15) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes. In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service. 1. About our Services Learnbudy consists of a set of games and associated tools (including performance statistics and automatically generated training plans) which are designed to help you and all our users measure and improve their cognitive performance. 2. Acceptance of Terms and Conditions By using our services, you confirm that you have read and understood these terms and agree to abide by them. You confirm that either you are at least 18 years old or that if you are younger than 18, you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these terms. If you do not agree to abide by these terms, you may not use Learnbudy or any other services offered by Learnbudy. In this case, do not download Learnbudy, or if you already have it installed, please stop using our service. Learnbudy may update these terms from time to time. If any changes to the terms are made, the update will be mentioned first on our blog. 3. Description of Service and Pricing Learnbudy provides you with a Smartphone application called Learnbudy with a suite of features consisting of games and tools designed to help you measure and improve your mental performance. Unless otherwise stated, any further services that may be provided by Learnbudy are also subject to these terms. In consideration of you agreeing to abide by these terms and our Privacy Policy, we grant you a non-transferable, non-exclusive license to download a basic version of Learnbudy free of charge In order to access additional features, including (but not limited to) personalized training, access to all games / levels, access to advanced statistics, comparisons with other users and early access to new games, you must pay for the premium version of Learnbudy. The pricing scheme for Learnbudy can be seen here. We may change the pricing scheme at our discretion. Any changes will be mentioned first on our blog. More information about the premium services are available at the following URL (or such other URL as we may provide from time to time): https://www.Learnbudy.com/payments We reserve all other rights. 4. Registration Once you have downloaded Learnbudy, you will need to register to create an account before you can use it. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Each account must be used individually and is not transferable. You agree to not share your account with any third party, to immediately notify Learnbudy should you suspect any unauthorized use of your account, to provide true, up-to-date and complete information about yourself during registration, and ensure this information remains up-to-date. 5. Free Use of the basic functions of Learnbudy – Free Account Application and registration are free of charge to the User. If no exercises liable to costs are chosen, hence no Premium / Pro-Account has been ordered as described in the Terms & Conditions, the use of Learnbudy is free. The cost-free exercises are limited in their scope. In case of a registration via app, the User has access to a 1st Level where they can remember 10 words. The free exercises available through the app are unlimited and can be use only once a day. If the User has not ordered a Premium-Account after registration but his use remains within the cost-free offer, the User complies with receiving emails from Learnbudy with information about further content and offers. The User can object to this by contacting info@learnbudy.com 6. Privacy In order to provide you with an adequate service, we need access to certain information about you and about your usage of Learnbudy. See our Privacy Policy at http://www.Learnbudy.com/privacy. By using Learnbudy or any other application from Learnbudy, you agree to the terms laid out in our Privacy Policy. 7. User Conduct You agree to use Learnbudy and any other applications offered by Learnbudy in a proper and lawful manner, and ensure that you do not violate any applicable laws (whether international, national, state or local) or infringe the rights of any third parties. You agree that you will not use Learnbudy or any other applications offered by Learnbudy to maliciously attempt to access or damage the data of other users or third parties, that you will not try to hack or unlawfully distribute or sell the software of Learnbudy or any other applications released by Learnbudy, and that you will not attempt to interfere with any other party’s appropriate use of the service without their permission. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express prior written consent of Learnbudy. You understand that Learnbudy will retain user information and, if obliged to do so by law or otherwise, disclose user information according to the terms set out in the Learnbudy Privacy Policy. You understand that should you violate these terms, Learnbudy may terminate your right to access and use the service at our discretion without warning and without being obliged to provide a refund. 8. Friend Lists Every User (Free and Premium) can add other Users to his friend list. The names and scores of friends can be accessed separately from the list of top scores, if the privacy settings do allow comparisons. Every User can add any other User to his friends if the latter agrees to the invitation. 9. Termination of Service Learnbudy may terminate your access and use of the service at its discretion if it has good reason to believe you have breached these terms. In such circumstances you are not entitled to any refund. Learnbudy may modify or discontinue, temporarily or permanently, the service (or any part of it) at its discretion. Notice of any such modification or discontinuance shall be posted on the blog wherever possible. You agree that Learnbudy shall not be liable to you or to any third party for any modification or discontinuance of the service. 10. Intellectual Property Learnbudy (or its licensors) retains all intellectual property rights in its services including without limitation in Learnbudy or any other applications released by Learnbudy, including all software and all other content provided by Learnbudy Subject to the above, Learnbudy grants you the limited, personal, non-transferable, non-sub licensable, worldwide and non-exclusive license to use its software in accordance with these terms and for your non-commercial and personal use. Your license to use the Learnbudy application is restricted to use of the object code of the Learnbudy application, and it is a condition of such license that, except to the extent expressly permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Additionally, you understand that you may have to agree to additional terms and conditions before you use such software or any third party content. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the Learnbudy application, in whole or in part, except with Learnbudy’s explicit permission. You further agree: (i) to include our copyright notice on all entire and partial copies you make of the application on any medium in accordance with these terms; (ii) not to provide or otherwise make available the Learnbudy application in whole or in part (including object and source code), in any form to any person without prior written consent from us; and (iii) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the application or any service. 11. Indemnity You indemnify and hold Learnbudy, and its affiliates, and its and their officers, directors, agents, co-branders or other partners, and employees, harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of any content you provide, your use of the service (including without limitation the Learnbudy application), your connection to the service (including without limitation the Learnbudy application), your breach of these terms, or your violation of any rights of another person or entity. 12. Disclaimers and Limited Liability You understand that all Learnbudy services and apps are provided AS-IS and that you use such services and apps at your own risk. Learnbudy disclaims all warranties of any kind, express of implicit, to the fullest extent possible having regard to applicable laws. This includes but is not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement. Learnbudy does not assume any responsibility for any loss of your personal or non-personal data, loss of access to the service, or any other errors that may impede your use of the service. We only supply the services for domestic and private use. You agree not to use the services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Our maximum aggregate liability under or in connection with these terms (including your use of any services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount you paid us in the 6 months immediately preceding the event giving rise to a claim provided that nothing in these terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; and (ii) any other liability that cannot be excluded or limited by Indian law. 13. General Information These terms and the relationship between you and Learnbudy shall be governed by the Indian laws without regard to any conflict of law provisions of any jurisdiction. Both you and Learnbudy agree to submit to the exclusive jurisdiction of the Indian courts, except that Learnbudy may seek injunctive relief in any jurisdiction in order to enforce its rights under these terms. No person other than you and Learnbudy shall have any rights under these Terms in relation to your use of our services. Any failure of Learnbudy to exercise or enforce any right or provision of the terms shall not constitute a waiver of this 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 Endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms shall remain in full force and effect. You agree that these terms represent the entire understanding between you and Learnbudy in respect of your relationship with Learnbudy (except in respect of Paid Services, which are also governed by the Paid Services Terms). These Terms and Conditions supersede any previous agreements between you and Learnbudy including any previous version of these Terms of Service. 14. Contact Questions, comments and requests regarding our terms and conditions are welcomed and should be addressed to Learnbudy, support@Learnbudy.com Last Updated: November 10, 2016