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ThinkingApp is provided by Learnics LLC These terms of service govern the relationship between Learnics LLC and anyone who downloads, saves, installs, uses, accesses, or attempts to use or access the ThinkingApp. Any download, installation, use or access of ThinkingApp or any part thereof shall be deemed to constitute your consent to be bound by these terms of service.
The following terms when capitalized shall have the meaning assigned to them below:
“Student User” Any person that uses the ThinkingApp to record and submit data.
“Teacher User” Any person that the Student User permits or causes to have
access to the data submitted by Student Users.
"Service" Supplier's making available of the ThinkingApp Software, the
Teacher User Account, Content and User Support.
“Supplier” Learnics Limited Liability Company. Support email
“User” This term encompasses both Teacher User and Student User
2.1. Supplier will use commercially reasonable efforts to provide the Service to Users.
2.2. Users acknowledges that: (a) the Service has not been designed to meet User's individual requirements; (b) the operation of the Service may from time to time encounter technical or other problems and may not continue uninterrupted or without errors; (c) the Service is not fault-tolerant and has not been designed for use in inherently dangerous circumstances, such as, e.g., the operation of "major sources of danger", traffic control or life support systems, handling hazardous substances and other activities where the failure of the Service could lead to death, personal injury or environmental damage.
2.3. The Service is provided on an "as is" and "as available" basis. User's selection and use of the Service is at User's own risk, as are Users' exposure to, down- and upload of, as well as transmission, other processing and possession of information, programs and other items through or due to the Service.
2.4. Supplier has no obligation to enhance, modify or replace any part of the Service, or to continue developing or releasing new versions thereof.
2.5. Supplier aims to respond to support requests but makes no commitment as to how quickly support will be provided or issues will be resolved.
2.6. The Service may provide links or access to third-party websites, resources or services and these may provide links or access to the Service. Supplier is not responsible for the qualities (including the availability, reliability and security) of such external sites, resources or services, does not endorse them and shall not be liable for any loss, damage, expenses or other consequences resulting from their existence, absence, qualities, use or inability to use them.
3. USER ACCOUNT
3.1. Users shall be fully responsible for the activity that occurs under its User account, including all User Data processing and other acts performed through or by means of such User Account, and must notify Supplier immediately of any breach of security relating to or unauthorised use of its User Account.
3.2. With respect to User's usernames, passwords and authentication tokens, the Parties have agreed that the User shall be responsible for: (a) maintaining the confidentiality of such usernames, passwords and tokens; (b) all acts performed by the use of, and all consequences of use or misuse of, any such username, password or token.
3.3. Supplier shall not be responsible for any loss, damage or other consequences that may result from any unauthorised use of User Account, username, password or authentication token.
3.4. Supplier has no obligation to monitor or access any User Account, but may do so in cases where such action is reasonably justified (e.g., in order to prevent illegal or harmful activity, provide User support, or perform its legal duties).
3.5. Supplier may, in its sole discretion, disable, close or restrict access to any User Account that is used to infringe on any Intellectual Property or any proprietary or personal right of any party.
4. DATA PROTECTION
4.2. Supplier is neither the controller nor the processor (neither "chief", "responsible", "authorised", nor any other processor) of User Data and has no obligation whatsoever in connection with such data or the processing thereof. User Data is processed by users of the Service. Any enquiry, request, objection, complaint or claim that User may have in connection with User Data or any processing thereof should be addressed to the User in charge of the relevant workspace or other part of the User Environment. Supplier is under no obligation to participate in User disputes or take any action in connection therewith.
5.1. Any warranty of Supplier not expressly stated herein shall be deemed withheld. Supplier disclaims, to the fullest extent permitted under the applicable law, all statutory warranties and course of performance, course of dealing and usage related licensees' and users' expectations.
5.2. Supplier makes no representation and gives no warranty with regard to the following: (a) that the Service will meet Users' requirements or expectations; (b) that access to, or the operation or use of, the Service will be uninterrupted or error-free; (c) that any defects in the Service will be corrected; (d) that the Service or any means by which the Service is accessed or used is free of malware or other harmful components; or (e) with respect to any third-party software, service, information, infrastructure, resource, or any other third-party item.
6. LIMITATION OF LIABILITY
6.1. Supplier shall not be liable for any loss, damage, expenses or other harmful consequences resulting from (a) anyone's use or inability to use the Service, (b) the properties of the Service, (c) the need to procure, or the procurement of, substitute goods or services or any other substitute benefit for the Service or any information, asset or other benefit received, owned, controlled or otherwise enjoyed through the Service, (d) any message or other communication received, or any transaction entered into, through or from the Service, (e) unauthorised access to, or interruption, alteration, loss, corruption or deletion of, User's transmissions or data, (f) the statements or conduct of any person having access to the Service, or (g) any other matter relating to the Service or any part thereof; REGARDLESS of whether such are suffered or incurred directly or indirectly or are immediate or consequential and whether arising in contract, tort or otherwise; PROVIDED, HOWEVER, that (α) this section shall not prevent claims for the compensation of direct patrimonial loss suffered by User due to Supplier's intentional or grossly negligent breach of this Agreement.
6.2. Neither Party shall be liable for breaching its obligations due to a circumstance it reasonably could not have foreseen and which is beyond its control, such as, e.g., a force of nature, an act of a legislative or an executive authority, war, civil unrest, act of terror, strike, Internet failure or any other circumstance qualifying as force majeure under the applicable law — to the extent that the respective circumstance prevented or hindered the Party's performance. For the avoidance of doubt, the provisions of this section: (a) are not intended to derogate from, or limit the application of, any statutory limitation or exclusion of liability;.
7.1. Users acknowledges that, from time to time, circumstances may arise that make it necessary or desirable to modify certain provisions of this Agreement. Such circumstances include: (a) Supplier's modification of the Service; (b) a significant change in Supplier's legal environment; (c) an order or a judgment being entered against or in favour of Supplier; (d) a significant corporate event, such as, e.g., Supplier's merger or acquisition, or its change of legal form; (e) Supplier's transfer of the enterprise, or a part of the enterprise, to which this Agreement pertains; (f) the ambiguity, invalidity, voidability or unenforceability of a provision herein; (g) any other event whose occurrence in Supplier's reasonable judgment necessitates an amendment hereto.
7.2. User agrees that: (a) upon the occurrence of any of the circumstances referenced in the preceding section, Supplier shall be entitled to make such changes to the Agreement as it reasonably deems appropriate; (b) Supplier's ability to foresee an event or to prevent it from happening shall not prejudice its right to amend the Agreement under point (a) of this section; (c) Supplier may amend the Agreement by notifying User thereof, or by posting a revised version of the Agreement in the User Environment or on a website and providing the User a link thereto; (d) if the revised version of the Agreement includes an amendment that reduces User's rights or increases its responsibilities, then Supplier will provide User reasonable prior notice of such new version's entry into force.
7.3. Notwithstanding anything herein to the contrary, Supplier reserves the right to modify the Service at any time for any reason, with or without notice. Unless otherwise expressly agreed, the use of any new features, versions, releases, updates or other modifications that Supplier may make available in connection with the Service shall be subject to the Agreement. User's continued use of the Service after any such modification shall be deemed to constitute its consent to the respective modification(s).
7.4. If Customer does not agree with Supplier's changes (whether to the Agreement or the Service), its sole and exclusive remedy shall be to cancel the Agreement and terminate its use of the Service.
8.1. Supplier may discontinue providing the Service or any part thereof upon a month's notice.
8.2. Supplier may suspend performance under the Agreement in whole or in part with immediate effect if it is required by law or a judicial or an administrative authority to refrain from performing its obligations hereunder.
9.1. This Agreement can only be terminated by closing User Account.
9.2. Either Party may close the User Account, and shall thereby be deemed to have cancelled the Agreement.
9.3. Users understands and agrees that upon any termination of this Agreement, all User Data and other information associated with the User Account may be deleted, or may become inaccessible to the User.
10.1. Teacher User agrees that Supplier may provide notice to Teacher User by posting it on the Service or by sending it to the email address associated with Teacher User Account.
11.1. If any provision of this Agreement violates any mandatory rule of the applicable law and proves to be void as a result thereof, such provision shall, for those specific circumstances and only in that particular respect in which it is void, be deemed to have been amended so as to comply with the law. Any such amendment shall be confined to the minimum necessary to make the provision valid and shall retain as much of its original ambit and meaning as possible.