TERMS AND CONDITIONS

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GENERAL

The Gyan website and mobile application and related services, including software, content, and Reading Practice Services (the Service or Service or Services) are operated by Gyan Inc. Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, the User (User or Users) represents that they have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. If the User does not agree to abide by these Terms and Conditions, the User is not authorized to use, access or participate in the Service. Gyan offers some free content and features, but it is not completely cost-free. Services that are only offered for payment are clearly detailed and marked. To allow for a high standard of technology and learning material, fees are necessary. However they are not charged without explicit warning to the User.

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DESCRIPTION OF WEBSITE AND SERVICE

The Service allows Users to practice reading. Gyan may, at its sole discretion and at any time, update, change, suspend, make improvements to, or discontinue any aspect of the Service, temporarily or permanently.

 

REGISTRATION AND INFORMATION

In connection with registering for and using the Service, the User agrees (i) to provide accurate, current and complete information about them and/or their organization as requested by Scripter; (ii) to maintain the confidentiality of the User’s password and other information related to the security of the User’s account; (iii) to maintain and promptly update any registration information User provides to Scripter, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of User’s account and for any actions that take place through User’s account.

 

FREE USE OF READING ASSISTANT

Application and registration are free of charge to the User for certain specified Services (Free Service). The agreement for using the Free Service of Gyan is concluded for an unlimited period and may be terminated without notice by either party. The User’s account will be deleted upon termination of the agreement. After termination of the agreement, the User cannot make any demands or claim for any information, analysis, content, document created or generated during the period of the Free Service.

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BILLING TYPES, AGREEMENTS, CANCELLATION, RENEWAL 

Certain specified Services (Paid Service or Paid Services) are available as a subscription or one-off purchases. Billing type, prices, and term are defined in each offer and are summarized prior to the end of the order process. The agreement for Paid Services comes into effect when the User purchases a paid version of a product. Paid Service agreements with subscriptions are effective for the time specified in the individual order (subscription term). The invoice amount for the subscription term is payable at the commencement of the agreement. After each subscription term, the agreement renews itself automatically according to the term agreed upon (e.g. monthly, 3, 6, or 12 months). The full invoice amount of each renewal term will be charged on the first day of the renewal. Paid Service agreements cannot be cancelled before the expiry of the subscription term, i.e., once a subscription is purchased, there are no refunds for cancellations prior to the completion of the subscription term. The User can avail the Paid Service for the full subscription term. However, if cancellation is notified anytime prior to the automatic renewal, there shall be no further renewal of the Paid Service at the end of the existing subscription term.

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PAYMENT METHODS

The User may effect payment by using one of the payment methods as specified. When the User achieves access to a Service using a voucher code or a coupon, they will have such access to the relevant Service for a term as specified in any contract, agreement, scheme, or declaration relevant or specific to such voucher code or coupon. Billing is effected digitally. Bills or invoices are not available on paper. The invoices will be accessible on the website and can be viewed at any time when the User accesses their individual user account.

 

REFUND POLICY

No refunds will be made after the User has purchased and made payment for the use of a Service.

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USER REPRESENTATION AND WARRANTIES

Users represent and warrant to Gyan that their access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of the Commonwealth of Massachusetts, USA.

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INAPROPRIATE USE

User will not use, display or otherwise provide on or through the Service any content that: (a) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); or (b) in Gyan’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Gyan or its users to any harm or liability of any kind.

 

INDEMNIFICATION OF GYAN

User agrees to defend, indemnify, and hold harmless Gyan 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 User’s access or use of the Service.

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LICENSE

Subject to these Terms and Conditions, Gyan grants the User a non-transferable, non-exclusive license to download, install, access, and use, as applicable, one copy of the Service in object code form on an interactive wireless device or a computing device that User owns or controls. User may not derive or attempt to derive the source code of all or any portion of the Service, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Service or any part thereof. Gyan and its licensors own and shall retain all intellectual property rights and other rights in and to the Service, and any changes, modifications, or corrections thereto.

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NO REPRESENTATIONS OR WARRANTIES BY GYAN

The Service, including all images, audio files, and other content therein, and any other information, property, and rights granted or provided to User by Gyan are provided to User on an “as is” basis. Gyan and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, Gyan does not make any representation or warranty of any kind relating to accuracy, Service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the Service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to certain Users.

 

LIMITATION OF LIABILITY

In no event shall Gyan be liable with respect to the Services for (a) Any amount in the aggregate in excess of the fees a User has actually paid to Gyan during the twelve (12) month period immediately preceding the event(s) giving rise to such liability; (b) Any lost profits, lost or damaged content, or other data; (c) Any direct, indirect, incidental, punitive, special, exemplary or consequential damages of any kind whatsoever. The User agrees that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the agreement between Gyan and the User. The User understands that the Service would not be provided without such limitations. Certain jurisdictions do not allow the limitation of certain damages, so some or all of this limitation of liability may not apply to those Users and such Users may have additional rights.

 

TERMINATION

Gyan may terminate User’s access and use of the Service immediately at any time, for any reason, and at such time User will have no further right to use the Service. User may terminate their Gyan account at any time by following the instructions made available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Gyan proprietary rights, User representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

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PROPERTY RIGHTS IN SERVICE CONTENT AND ACTIVITY MATERIALS

All content available through the Service, including designs, text, graphics, images, information, software, audio, video and other files, and their selection and arrangement are the proprietary property of Gyan or its licensors. No Service or Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. User may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Service Content. As between User and Gyan, all data, information, and materials generated from User’s access and use of the activities made available on or through the Service shall be exclusively owned by Gyan and User shall not have any right to use such Materials except as expressly authorized by these Terms and Conditions. By using the Service, User hereby assigns to Gyan any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Gyan or its licensors that are not expressly granted in these Terms and Conditions are reserved to Gyan or its licensors.

 

TRADEMARKS

“Gyan” and all other trademarks, Service marks, graphics, and logos used in connection with the Service are trademarks or Service marks of Gyan Inc. Access and use of the Service does not grant or provide the User with the right or license to reproduce or otherwise use the Gyan name or any Gyan or third-party trademarks, Service marks, graphics, or logos.

 

PRIVACY

Use of the Service is also governed by Gyan’s Privacy Policy. By using the Service, User consents to the terms of the Privacy Policy.

 

GOVERNING LAW AND ARBITRATION

These Terms and Conditions, its subject matter and Gyan and Users’ respective rights under these Terms and Conditions shall be governed by and construed under the laws of the Commonwealth of Massachusetts, USA.