Studytracks

Mobile Application Terms and Conditions
PLEASE READ THIS INFORMATION CAREFULLY. BY DOWNLOADING THIS MOBILE APPLICATION ("APP") YOU CONFIRM THAT YOU HAVE UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, YOU SHOULD NOT DOWNLOAD OR USE THIS APP.

Introduction

Welcome to Studytracks ("Studytracks", "we", "us", "our"), your new test and exams prep tool that allow you to study and to learn on the move with music. In order to use Studytracks and the content and material that is made available by us through the App (the "Content") you need to (a) be 11 or older in the US
(b) be 13 or older in the UK or get the approval from your parents or guardians via a process at the registration step and (b) ensure that your device on which the App is downloaded meets the minimum system and software requirements as provided on our website and as updated by us from time to time. You also promise that any registration information that you submit to Studytracks is true, accurate, and complete, and you agree to keep it that way at all times.
Studytracks is provided by Studytracks Limited, a company registered in Ireland with company number 556678 and its registered address at 18-19 College Green, Dublin 2, Ireland.
The activities with schools in the UK are managed by Studytracks UK Ltd, 97 Mortimer Street, Room 2, London W1W 7SU.
The activities with schools in the USA are managed by Studytracks USA Inc, 824 S Los Angeles Street, Suite 302, Los Angeles, CA 90014.

1. Amendment

We may amend these Terms of Use from time to time, but changes will only be effective from the date they are made and brought to your attention via email or notification on the App or our website or via an Update with description of the changes in the App Stores. You may terminate your use of the App if you do not agree with any modification or amendment. By continuing to use this App after we make any such updates, you confirm that you have understood and agreed to be bound by them. You should revisit these pages regularly to ensure that you have seen and are aware of the current terms of use as they are binding upon you.

2. Subscriptions

Studytracks provides services offering you tools to allow you to study on the move and to remember lessons thanks to music. Certain Studytracks services are provided to you free-of-charge and others require payment before you can access them. In paying a subscription, you will get a Premium account that will allow you to get access to all tracks and all features and tests. You can learn more about our services by visiting our website www.studytracks.education.
From time to time, Studytracks may offer trials of paid-for-subscriptions for a specified period without payment or at a reduced rate (a "Trial"). Studytracks reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, Studytracks will require you to provide your payment details to start the Trial. At the end of such Trials, Studytracks may automatically start to charge you for the fees for the applicable paid-for-subscription on the first day following the end of the Trial, on a recurring monthly basis. If you do not want to be charged the fees, you must cancel the applicable paid-for-subscription through your Mobile settings page or terminate your Studytracks account before the end of the Trial. Following a Trial, if you do not want to continue to be charged the fees on a recurring monthly basis, you must cancel the applicable paid-for-subscription through your account’s subscription page or terminate your Studytracks account before the end of the recurring monthly period. Paid-for-subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Studytracks will not refund any fees that you have already paid.
Payment is charged your ITunes or Google play account upon confirmation of purchase.
The subscription automatically renews. You can manage auto-renew of your subscription from your ITunes or Google Play account settings at any time, but must be tuned off 24 hours before the end of the current period to avoid being charged again.
Also, Studytracks reserve the right to change the subscription type and frequency. In particular, if you have bought an individual subject, you may be transferred into a subscription payment free of charge for a certain period of time. At this end of this period, if you don’t want to continue, you will have to cancel your subscription.

3. License to Use App

The App and the Content are the property of Studytracks or our licensors. In consideration of you agreeing to abide by these Terms of Use, we grant you a non-transferable, non-exclusive, revocable licence to use the App and to make personal, non-commercial use of the Content, subject to these Terms of Use, our terms relating to data privacy and the applicable app-store terms (incorporated into these Terms of Use by reference).
All intellectual property rights in the App and the Content existing anywhere in the world belong to Studytracks or our licensors and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without our prior written consent.
All rights in the App and Content are licensed, not sold, to you, and Studytracks and its licensors retain ownership of all copies of the App and Content even after installation on your mobile handsets, tablets, and/or other relevant devices. Studytracks and our licensors reserve all rights in and to the App and the Content except as expressly set out in these Terms of Use.
All Studytracks trademarks, names and logos are the property of Studytracks. Except for the rights expressly granted to you in these Terms of Use, Studytracks grants you no rights, title or interest in such trademarks, names and logos.

4. App-Store T&Cs

Please note that your use of the App is further subject to any terms of use or rules set out in the terms and conditions of the app-store through which you download the App, as may be amended from time to time. You agree to fully comply with any such app-store terms and conditions.

5. Third Party Applications

Studytracks may integrate with and link to other third party applications, websites, and services ("Third Party Applications") to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. Studytracks does not endorse, sponsor, recommend or otherwise accept responsibility for any Third Party Applications or for any transaction you may enter into with the provider of any such Third Party Applications.
In particular, the advertisement on the Free version is managed by a company called Kiip http://www.kiip.me/. They show via the SDK advertisement on the App following a completion of event under a form of a reward. Basically, if you complete a track, you may have a reward appearing. If you want to collect the reward, Studytracks draw your attention to the fact that this company will need to collect data from you in particular, your email address in order to reward you. They display, on our app, their own terms and conditions. You may want to consider if their policy is appropriate for you or chose to not participate to the reward scheme and not give them with your email address. However, Kiip does not have access to your personal data, they only know that a user has completed a track. We do not transfer any data to Kiip. This is strictly and opt in service between the user and Kiip.
For avoidance of doubts, there are no advertisement served to users registered via their school or if you subscribe to Premium access.

6. Mobile Application Privacy Policy

You specifically accept our Data Policy available on the website and on the App. It has notably been reviewed in light with GDPR

7. Acceptable Use

You agree to use the App and the Studytracks services in a diligent, proper and lawful manner and to ensure that you do not violate any applicable local, state, national or international law or any rights of third parties (including trade mark, trade secret, copyright or other proprietary rights). In particular, you agree that:
- you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the App;
in connection with your registration and use of the App, you will provide us with true, accurate, current and complete information (including regarding your identity), and will keep such information up to date, and will not create more than one registration;
- you will use the App in accordance with all applicable law and not submit material that infringes a third party’s intellectual property rights;
- you will only use the App for your own personal use and you will not directly or indirectly use the App for any commercial exploitation;
- you will not use the App to transmit material which is defamatory or otherwise objectionable, promotes any illegal activity, or is otherwise obscene, offensive, hateful or inflammatory;
- you will not be threatening or abusive in using the App, nor will you use the App in a way which is likely to harass, upset, embarrass, alarm or annoy any other person;
- you will not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- you will not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any service; and
- you will not use an anonymising proxy (a tool that attempts to make activity untraceable).
If any user is reported to be in violation with the letter or spirit of these Terms of Use, Studytracks retains the right to terminate such account at any time without further warning.

8. User Content

All information, data, music, sound, text, software, photographs, graphics, video, messages, or other materials which are posted, uploaded, contributed or transmitted via the App by Studytracks users ("User Content") are the sole responsibility of the person from whom such User Content originated. Studytracks accepts no responsibility at all for any User Content that any user uploads, posts, contributes, transmits or otherwise makes available via the App.
Studytracks will use its reasonable endeavours to review, control, monitor or moderate any of User Content, but is in no way responsible, and will not be liable for any such User Content. You agree that Studytracks is not responsible for, and does not endorse, the User Content or the views expressed by any user. Studytracks may, but is not obliged to, monitor and take action regarding inappropriate conduct and/or User Content, including but not limited to, moving or deleting any User Content that violates these Terms of Use or is otherwise objectionable in Studytracks’ sole discretion. Nonetheless, it is possible that at any time there may be language or other material accessible on or through the App that you may consider inappropriate or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Studytracks with respect to any such User Content. You agree to indemnify, defend, and hold harmless Studytracks against any and all 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 your User Content, your use of the Studytracks service, your breach of these Terms of Use, or your violation of any rights of another person or entity.
Studytracks actively encourages all users to be respectful of artists, other users, and the User Content they submit. If you do encounter User Content which is offensive, you may report it via email to info@studytracks.co, and Studytracks may, but is not obliged to, investigate the matter.
User Content may be subject to copyright protection and other restrictions imposed by the holder of the copyright to such User Content. You are solely responsible for determining whether your use of material submitted as User Content is lawful. However, Studytracks may respond to any notice given to us of copyright infringement, libel, slander, obscenity in accordance with applicable laws. We reserve the right to remove User Content from the App for any reason at any time without liability.
By submitting User Content, you grant Studytracks a worldwide, royalty-free, and non-exclusive licence to reproduce, modify, adapt and publish such User Content indefinitely for the normal operation of the Studytracks services. In addition, Studytracks hereby grants you a personal, non-exclusive, non-sublicensable worldwide licence to access and view User Content of other users within the scope of your use of the App, and only during the term of your subscription to Studytracks.
Even if these terms are used to describe a subject or a curriculum, please be aware that the content itself has not been approved by AQA nor Edxcel.

9. Warranties and Limitation

We do our best to make sure that the Studytracks service is available, however there will be times when the use of the App and the Studytracks service will be interrupted for maintenance, upgrades or repairs or due to failure of services or equipment that is beyond our control. The Studytracks service and the App, including all Content, are provided on an as is and as available, and, to the fullest extent permitted by law, we exclude all warranties, express or implied, with respect to the Studytracks service, the App and the Content.
We do not guarantee that your use of Studytracks will improve your grades and performance at school, and we do not provide any warranties that your use of Studytracks will give you the outcomes you intend, including improvement of grades or performance at school, and we shall not be liable of responsible to you if you do not achieve such outcomes. We reserve the right to modify, suspend or discontinue all or part of the App and the Studytracks service at any time with or without notice.
We reserve the right to change any content or material on this App without notice.
Nothing in these Terms of Use limits our liability for death of personal injury caused by our negligence, fraud or fraudulent misrepresentation for any matter that we cannot excluded or limit as a matter of law.
Studytracks will not be liable under these Terms of Use for:
-any use of the App in a manner that we do not authorise;
- ending, suspending or restricting use of the App in accordance with these Terms of Use;
- any delay of failure of the App or provision of the Studytracks service caused by events beyond our control;
- any loss of damage caused by us in circumstances where there is no breach of contractual obligation or legal duty owed to you by Studytracks, or where such loss of damage was not contemplated by both you and Studytracks at the time you agreed to theseTerms of Use;
- any loss or damage (including to any device or content belonging to you) caused by us to the extent that such loss or damage results from your negligence, your failure to follow our reasonable instructions or any other breach of these Terms of Use (or any other contract you have in place with Studytracks), unless we were in breach of a legal obligation or duty of care owed to you by Studytracks and that breach is the substantial cause of the loss or damage;
- any loss or damage caused by any error, bugs or viruses arising in your use of the App that are not directly caused by or attributable to the App, or any incompatibility of the App with any other software, hardware or material on your device; and
any damage to other devices or digital content that belong to you where such damage would not have been caused if you had followed our reasonable instructions.
The limitations set out above do not affect your legal rights. If you require advice on your legal rights, you may wish to refer to www.citizensadvice.org.uk.

10. Termination

We may terminate these Terms of Use and your use of the App immediately by written notice to you if you commit a material or persistent breach of these Terms of Use, or Studytracks, in its sole discretion, decides to withdraw the App whether in whole or in part.
Upon termination for any reason all rights granted to you under these Terms of Use shall cease, you must cease all activities authorised by these Terms of Use, and you must delete or remove the App from your device.

11. General

Studytracks can transfer our rights and obligations under these Terms of Use to any other person or company. You may not transfer your rights or obligations under these Terms of Use to any other person.
If any paragraph (or part of a paragraph) in these Terms of Use is determined to be invalid or unenforceable for any reason, you and Studytracks agree that such invalidity or unenforceability shall not affect the remaining paragraphs of these Terms of Use, and application of that paragraph (or part of a paragraph) shall be enforced to the extent permitted by law.
The terms of our privacy policy from time to time, available at our website are incorporated into these Terms of Use by reference.
These Terms of Use are governed by English law and you and Studytracks submit to the exclusive jurisdiction of the English Courts.

Last updated: May 2018