Terms of use of SpellQuiz Learning System

SPELLQUIZ - TERMS OF USE

1. DESCRIPTION AND ACCEPTANCE OF THE SERVICES

These Terms of Use (the 'Terms') form the basis of a user contract between JNEX APPS INC., a company with a registered place of business at 205 – 279 Midpark Way S.E, Calgary, AB, T2X 1M2, Canada ('we', 'us' or 'our') and you or any other entity on whose behalf you act ('you' or 'your'). By using any feature of the website https://spellquiz.com (the 'Website') or any services provided through the Website (collectively, the 'Services') you agree to the provisions of these Terms. If you do not wish to agree to the Terms then you must immediately cease to use the Services, including the Website.

About the Website. The Website is an online learning environment that provides parents and students with tools to enhance student’s education. The Website provides various exercises harnessing phonetics as a learning aid to enhance spelling and general use of the English language.

Support. Any requests for customer or technical support should be addressed to us by email at support@spellquiz.com.

Amendments. These Terms are subject to amendment from time to time. Amendments will become effective on the effective date indicated at the top of the Terms. If we have your email address, we will inform you about any changes to the Terms. Your continued use of the Services constitutes your acceptance of any amendment to the Terms. If we do not have your email address, the amendments may not be brought to your attention directly and will only be posted on this page. We encourage you to check this page regularly.

Other relevant terms. Other document that includes important provisions regarding your use of the Services is our privacy policy available at https://spellquiz.com/page/privacy-policy (the 'Privacy Policy') and other individual terms and conditions made available by us through the Website. 

2. GENERAL USE OF THE SERVICES

License to use the Services. Our Services are owned or licensed by us and are being licensed to you by us. We grant you a personal, non-exclusive, non-transferable, and limited license (the 'License') to make use of our Services on an authorized device located on your phone, tablet, computer, or other personal device that you own or control in any country to which we offer our Services. The License will always be subject to your mobile carrier’s, access provider’s, or any other operating system’s or platform’s usage rules. The License granted to you is effective until terminated by you or us.

Termination of the License. You may terminate the License at any time by informing us that you wish to close your User Account (as defined below) and permanently deleting any of our Services from your device. We reserve the right to terminate the License and delete your User Account at any time for any reason. On the termination of the License, regardless of the reason for termination, you agree that you will cease to use the Services, and delete and permanently any content you have downloaded or made copies of during your use of the Services.

Updates of the Services. We reserve the right, but are under no obligation, to update the Services in our sole discretion. Nothing in these Terms grants you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the Services.

Permitted use. You must use the Services only for the purposes expressly set forth in these Terms, on the Website, in any accompanying documentation, or in these Terms. Any other use of the Services is prohibited, including, but not limited to, the use for your own commercial gain, other than where such commercial use is specifically agreed to by us in writing.

Prohibited use of the Services. Irrespective of any other provision of these Terms, you must not:

• Use the Services for any purpose that is unlawful;
• Access the Services for use in any way that is in conflict with these Terms;
• Attempt to gain unauthorized access to any area of the Services that is not made readily available by us;
• Use the Services in a manner which could be harmful to any computer system, network or server used in hosting or maintaining the Services;
• Use the Services for dissemination of information about the acts, including pranks and challenges, that may result in injuries and physical harm;
• Use the Services for depicting or inciting others to commit acts of violence;
• Use the Services for gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
• Use the Services for spreading ethnically, racially, or otherwise objectionable information or sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior and terrorism-related content;
• Make use of any automated system, including without limitation, 'robots', 'spiders', or 'offline readers', to send multiple requests to the Website. However, we grant the operators of public search engines permission, revocable at our sole discretion, to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable records of our content;
• Transmit any harmful code, such as 'viruses', 'worms', 'Trojan horses', 'time bombs', 'time locks', 'drop dead devices', 'traps', 'access codes', 'cancelbots' or 'trap door devices' that: (i) are designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication; (ii) would enable an unauthorized person to cause such result; or (iii) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission;
• Use the Services in a manner that may restrict the access of any other person;
• Access, attempt to access, or use any materials or information not made publicly or readily available by us; and
• Modify or use for any commercial purpose any copyright, trademark or service mark or any materials accessed through the Services, other than your User Content (as defined below).

 Your responsibility. You accept responsibility for complying with all applicable laws and regulations whether local, national or otherwise in your use of the Services. If you fail to abide by these Terms, we may prohibit you from accessing or using the Services. You are responsible for obtaining, at your own expense, all equipment and services needed to access and use the Services, including all devices, Internet browsers and Internet access. If you access the Services through a mobile or wireless device, you are responsible for all fees your carrier may charge you for data, text messaging and other wireless access or communications services.

Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:

• Send the user a formal warning;
• Temporary suspend your User Account;
• Delete you User Account;
• Temporarily or permanently prohibit your use of the Services;
• Report you to the relevant public authorities; or
• Commence a legal action against you.

3. USER ACCOUNT

Registration of the User Account. In order to use the Services, you must first register and open a user account (the 'User Account'). You must provide us with your name, email address, a username, password, and payment details (if you choose paid services). Your personal data will be processed in accordance with our Privacy Policy. You agree and warrant that any information you have provided when registering your User Account is true, accurate, and you will update your personal data as soon as it changes. You can change the personal data (except your email address) at any time through the settings of your User Account. Your User Account is not transferable and you are solely responsible for any activities occurring through your User Account.

Security and confidentiality. You are solely responsible for maintaining the confidentiality of your User Account, including keeping secure your login details and passwords. By using our Services, you agree to immediately notify us about allegedly unauthorized use of your User Account or any other security breach related to your User Account. You are also responsible for using secure Internet connection and protected networks while using the Services. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations

Deletion and termination of User Account. At any time, you may delete your User Account by contacting us directly and submitting your request for the erasure of your User Account. Upon deletion of your User Account, these Terms shall terminate. Please note that, after your User Account is deleted, we may retain certain information related to your User Account (e.g., information about your payment transactions) if (i) we are obliged by law to do so or (ii) we have a legitimate basis for storing such personal data (e.g., for maintaining our accountancy records for the time period prescribed by the applicable law). We reserve the right at all times to terminate your User Account at our discretion, especially if we have grounds to believe that your use of the Services seriously and repeatedly breaches these Terms. We may also suspend or terminate your User Account upon a lawful request of a public authority. You understand and acknowledge that you have no ownership rights in your User Account and that, if you cancel or we terminate your User Account, all information in relation to that User Account may be deleted, subject to the terms of our Privacy Policy.

4. FEES, SUBSCRIPTIONS AND BILLING

Trial Period. We offer an initial 14-day trial period (the 'Trial Period') free of charge with no requirement to provide payment details and no automatic renewal of the Services. The Trial Period commences on the date you create your User Account and will expire after 14 calendar days, upon which you will have the option to sign up for our paid Services (the 'Paid Services'). You are only entitled to one free Trial Period. We reserve the right, in our absolute discretion, to limit the functions available to you during the Trial Period or to withdraw or to modify this Free Trial offer at any time without prior notice and with no liability. You remain bound by these Terms throughout the Trial Period.

Subscriptions. A more extensive range of the Services is available to you if you purchase a subscription to the Paid Services (the 'Subscriptions'). The Subscriptions are provided on either a monthly or yearly basis and renew automatically. Please consult our Website for information on the respective current pricing, subscription models, and the Services that the Subscriptions include.

The Fees. Your use of the Paid Services and the Subscriptions is subject to the applicable fees (the 'Fees'). The Fees are indicated on the Website or communicated to you in writing. The Fees are indicated in United States dollars (USD) or, if you are based in Canada, Canadian dollars (CAD). By purchasing the Subscriptions, you agree to pay the Fees upon these Terms and the terms and conditions in force at the moment you conclude a service contract with us. The Fees remain valid for as long as they are featured on the Website, communicated to you in writing, or as long as your Subscriptions last. The Fees are subject to a change without a prior notice. Any of changes to the Fees will be made available to you and, if necessary, we will request you to provide your consent to the changes of the Fees.

Billings and renewals. The Fees are collected at the point of sale of the Paid Services through the immediate payment of initial amount. You must provide all the details of your preferred payment method (credit card or PayPal) to allow us to take an initial amount. The initial amount will be payment in advance for a minimum term of the Paid Services chosen by you. The term for which you have access to the Paid Service renews automatically and the renewal Fees are collected in advance at the start of the relevant renewal period. You authorize us to charge your preferred payment method for any Paid Services subscribed for by you, any automatic renewal of such Paid Services, and any other authorized Fees owed to us by you. The Fees paid for the Paid Services are fully earned upon payment of the initial amount or renewal Fees and are non refundable.

Late payments. We reserve the right to assert further claims for late payments of the Fees. If we incur costs and/or expenses because a payment is late or is declined through your fault then, we reserve the right to bill you for the actual Fees and/or expenses incurred by us.

Cancellation of the Paid Services. If you wish to cancel any Paid Services, you must follow the prescribed cancellation procedures available on the Website. The cancellation of the Paid Services will take effect at the end of the minimum term currently running at the time you notify us of your wish to cancel the Paid Services. You will retain access to the Paid Services until the cancellation takes effect. No refund will be due or paid by us for the remaining period of any minimum term following the date you express your intention to cancel the Paid Services.

Payment processing. All payments related to the Subscriptions are processed by our third-party payment processors PayPal and Stripe (the 'Payment Processors'). The Payment Processors are solely responsible for handling your payments. You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason. Please note that the Payment Processors may collect from you some personal data, which will allow them to make the payments requested by you (e.g., your name and credit card details). The Payment Processors handle all the steps in the payment process on their websites, including data collection and data processing. We do not store your credit card details in our systems.

5. Our Content

What is Our Content? 'Our Content' means all the contents of all our Services, including, but not limited to, educational programs, tests, activities, designs, text, graphics, images, video, information, logos, button icons, software and audio files, trademarks, service marks, patents, and other intellectual property. All Our Content is our property or the property of our licensors and is protected under copyright, trademark and other laws.

Permitted use of Our Content. We authorize you, subject to these Terms, to access and use our Services and any of Our Content made available though the Website and within the course of the Services. You are permitted to temporarily download Our Content found within the Services and made explicitly and publicly available by us, either by caching in a browser or to your computer, or mobile device for personal viewing only. You must preserve all copyright, trademark, service mark and other proprietary notices contained in Our Content on any authorized copy you make.

Prohibited use of Our Content. You may not:

• Modify Our Content or any software we provide through the Services in any way;
• View Our Content through any other means other than on our Website or through any other medium provided by us for viewing Our Content;
• Use or distribute Our Content for any commercial purpose, or for any public display (commercial or otherwise) other than authorized by us or through a medium provided by us;
• Use or distribute Our Content in any way, which infringes our intellectual property rights;
• Attempt to decompile or reverse engineer any software contained in our Services; and
• Provide any content to another person or 'mirror' or post Our Content on any other website or server.

Sponsored content. You acknowledge that, unless we are required by law to do so, we may not identify sponsored content or commercial communications.

Third-party intellectual property. Some of the intellectual property assets, such as the User Content and trademarks featured through the Services may be owned by our clients and other third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.

Copyright infringement claims. We respect intellectual property rights. If you have any grounds to believe that any content made available through the Services violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks.

6. Third-party services

Our Services may contain links to other websites, applications, or services not operated by us (collectively, the 'Third-Party Services'). Your use any Third-Party Services is at your own risk. We do not endorse any Third-Party Services and you acknowledge that we are not responsible or liable for the availability of or any content or services offered by any Third-Party Services.

7. USER Content

What is the User Content? Our Services provide you with the opportunity to interact with others and us by posting comments on our blog or publishing your children’s scores to our Top Ranked Leaderboard (any such material that you submit, post, display, or otherwise make available on or through the Services is referred to herein as the 'User Content'). The User Content includes any text, graphics, photos, and links.

Prohibited use of the User Content. You must not:

• Post any unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, defamatory, or obscene User Content;
• Post any User Content that would be in violation of the rights of a third party, including any privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity;
• Post any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or the User Content that encourages or causes spamming or flooding; and
• Post any social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier.

Our responsibility with regard to the User Content. We cannot verify the accuracy or truthfulness of any User Content and we do not endorse or accept responsibility for any User Content, including any opinion, advice, information, or statement contained therein. You are solely responsible for your own User Content. Although we prohibit any harmful, offensive, threatening, indecent or objectionable User Content, you acknowledge that, by accessing the Services, you may come into contact with the User Content that is harmful, offensive, threatening, indecent or objectionable including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that we shall have no liability with respect to such content. We may monitor and remove or modify any User Content that we feel contravenes these Terms or, in our sole discretion, is inappropriate, but we do not have any obligation to do so. We do not guarantee the confidentiality of any of your User Content and also reserve the right to disclose any User Content to any third party in order to comply with legal obligations or governmental requests.

Public User Content. You acknowledge that, when you engage with our community and post any User Content, you may be sharing such information or media with a public audience. This means it may be available to anyone on or off our Services and may be seen or accessed through online search engines and APIs. It is entirely possible that other users may download or share your content with others on and outside of our Services. Please exercise your due diligence when making your User Content publicly available.

Our use of the User Content. Only to the extent permitted by law, you grant us a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sub-licensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content for the purpose of publishing material on the Services or promoting us.

Termination of our use of the User Content. If you wish to request to revoke the licenses granted by you in this section, please contact us. You acknowledge, understand and agree that any termination of your license shall only take place within a commercially reasonable time following your request. We may retain but not use copies of your User Content following termination of the licenses granted above. You also acknowledge, understand and agree that any contribution you make to the community through your comments are not subject to this revocation clause and licenses granted by you in regards to user comments are not revocable.

Reporting inappropriate User Content. If you think that some of the content available through the Services is inappropriate, infringes these Terms, applicable laws, or your right to privacy, please contact us immediately at support@spellquiz.com and report the content that is, in your opinion, inappropriate. If any content is reported as inappropriate, we will immediately delete such content from the Services.

8. NO WARRANTY

You understand and agree that the Services are provided on 'as-is' basis and that the Website is only an educational tool to assist you or your child. We cannot guarantee particular results from your or your child’s use of the Services. WE MAKE NO WARRANTY OR REPRESENTATION:

• AS TO THE COMPLETENESS, ACCURACY, CURRENCY, LEGALITY, RELIABILITY OF ANY OF OUR CONTENT OR OUR SERVICES;
• THAT ANY OF OUR CONTENT WILL CONTINUE TO BE AVAILABLE OTHERWISE THAN AT OUR DISCRETION;
• THAT THE CONTENT IS FREE OF ANY VIRUSES OR OTHER DEFECTS THAT MAY BE HARMFUL TO YOUR PROPERTY;
• AS TO SPECIFIC FUNCTION, RELIABILITY, AVAILABILITY OR OTHERWISE OF OUR SERVICES OR ANY SERVERS THAT HOST THEM;
• IN REGARDS TO NON INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF ANOTHER’S RIGHTS;
• AS TO ANY INFORMATION OR SERVICES WHATSOEVER PROVIDED BY ANY THIRD PARTY WHICH YOU MAY ACCESS OR BE PUT IN CONTACT WITH IN THROUGH USE OF OUR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES, OUR CONTENT AND THE WEBSITE 'AS IS', 'WITH ALL FAULTS', AND 'AS AVAILABLE', WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY.

9. LIMITATION OF LIABILITY AND WAIVER

Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AGENTS, CONTRACTORS OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, ANY COMMERCIAL DAMAGES OR LOSSES, AND ANY PERSONAL INJURY OR DEATH CLAIMS OR LOSSES REGARDLESS OF THE THEORY OF LIABILITY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM YOUR USE OF ANY OF OUR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO:

• ON ACCOUNT OF YOUR USE OR MISUSE OF OR RELIANCE ON OUR SERVICES;
• ON ACCOUNT OF YOUR USE OR MISUSE OF OR RELIANCE ON ANY THIRD PARTY SITE OR SERVICE YOU LINK TO FROM OUR SERVICES;
• ON ACCOUNT OF ANY TECHNICAL MALFUNCTION OF OUR SERVICES INCLUDING BUT NOT LIMITED TO FAILURE OF OUR SERVERS, COMPUTER SYSTEMS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, EMAIL DELIVERY, ACCOUNT LOGIN, OR ANY OTHER SERVICES PROVIDED;
• RESULTING FROM ANYONE’S USE OF OUR SERVICES, OUR CONTENT, ANY USER CONTENT, OR OTHER CONTENT POSTED ON OR THROUGH OUR SERVICES OR TRANSMITTED TO USERS OR ANY INTERACTIONS BETWEEN USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.

Liability claims. OUR LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU, EITHER DIRECTLY OR INDIRECTLY THROUGH A THIRD PARTY, IF ANY, TO US UNDER THIS AGREEMENT.

Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US AND ALL OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AGENTS, CONTRACTORS OR LICENSORS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF OUR SERVICES OR YOUR USER CONTENT.

10. MISCELLANEOUS

Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us or until you stop using the Services.

Entire Agreement/No Waiver. These Terms, together with the documents incorporated therein, embody the entire agreement and understanding between you and us with respect to the subject of these Terms. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Your compliance. The Services are controlled and offered by us from Canada. Our Services may not be appropriate, if you are accessing them from elsewhere. You are responsible for your compliance with the local laws.

Age limitation. Anyone under the age of 16 must have parental or guardian’s consent to use our Services. You agree, by using our Services, that you are fully competent and able to agree and abide to the terms and conditions contained herein.

Severability. In the event that any of the provisions of these Terms are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of these Terms.

Force Majeure. We shall not be liable for any failure of or delay in the performance under these Terms for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, embargoes, government orders.

Electronic notices and transactions. You agree to transact with us electronically, including without limitation, agreeing to these Terms. You authorize us to provide you with terms and important notices to an email address you provide to us. It is your duty to keep your email address accurate and up-to-date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.

Applicable law and venue. These Terms and each of the documents contemplated by or delivered under or in connection with these Terms are governed by and are to be construed in accordance with the Laws of the Province of Alberta and the Dominion of Canada. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be not resolved by means of negotiation, the dispute shall be submitted to the exclusive jurisdiction of the courts in the Province of Alberta, Canada. This section does not affect any statutory rights that you are entitled to as a consumer.

11. CONTACT

Please feel free to contact us if you have any questions or concerns about these Terms, the Website, or the Services. You may contact us by using the following contact details:

Phone: 1 587 288 9216

Email: support@spellquiz.com

Postal address: JNEX APPS INC., 205 – 279 Midpark Way S.E, Calgary, AB, T2X 1M2, Canada