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Foxcademy

Terms of Use

Please read the Terms and Conditions (hereinafter “Terms”) carefully before starting to use the https://www.foxcademy.com website (hereinafter “Website”, “Platform”) and the Foxcademy mobile application (hereinafter “App”) operated by Fox Solutions OÜ (hereinafter “we”, “us”, “our” and/or “Foxcademy”). The user (hereinafter “User”, “you”) is a legal entity or an individual that has created the account through the Website/App, logged in accordingly and consumes the information and services we have made available via our Website/App.

Please note that by creating your account (hereinafter “Account”) in our Website/App and using our service, you agree to be bound by these Terms and any other documents expressly referred to herein. By doing this you agree that you have read, understood and accepted these Terms. We reserve the right to amend these Terms from time to time, please check these Terms to ensure you understand the Terms, which will apply at that time.

These Terms bind you, the company you represent, and the company that registered you (collectively “you”) to the terms and conditions set forth herein in connection with your use of Fox Solutions OÜ (hereinafter “we”, “us”, “our” and/or “Foxcademy”) software, website, mobile application or other offerings on our website (collectively, our “Services”). By using any of the Foxcademy services or clicking on the “Signup” button, you agree to become bound by the terms. If you do not agree to all these terms, click on the “X” button and do not use the Foxcademy services. Foxcademy’ acceptance is expressly conditioned upon your assent to all these terms, tot the exclusion of all other terms. If these terms are considered an offer by Foxcademy, acceptance is expressly limited to these terms.


1. INFORMATION ABOUT US

1.1. We operate the website https://www.foxcademy.com. We are Fox Solutions OÜ, a company registered in Estonia, Tallinn under registry code 12875597 and with registered office at Puki tee 31/2, Tallinn, Harju County, 11912. Our VAT number is EE101815314.

1.2. To contact us, you can send us an e-mail to info@foxcademy.com.

2. SERVICE and PRODUCT

2.1. Our Service and Product are intended for use by teachers, students, schools, administrators, parents, and anyone else involved or interested in education. You may use our Service and Products only if you can form a binding contract with Foxcademy, and only in compliance with these Terms and all applicable laws. All Users under the age of 18 who start using the Service and Product hereby represent and warrant that they have reviewed these Terms together with their parent or legal guardian and have fully understood the rights and obligations arising out of these Terms and the parent or guardian has approved or given prior permission to such User for entering into these Terms.

2.2. Product. We provide you the following products (hereinafter: “Product”) comprising:

2.2.1. Curriculum based studying materials consisting of interactive theory content, exercises and tests together with analytics.

2.2.2. Communication and management features in the consumer Product;

2.3. Service. We provide you the services of an online interactive studying platform for students, teachers, schools, enthusiasts (hereinafter “Service”).

2.4. Students can via the Service:

2.4.1. Access a wide range of studying materials via mobile phones, tablets and desktop computers.

2.5. Teachers can via the Service:

2.5.1. Access a wide range of studying materials via mobile phones, tablets and desktop computers.

2.5.2. Create and manage groups that consist of students studying within the same school.

2.6. Head of school can via the Service: Manage content licenses and seats.

3. ACCOUNTS and USE OF OUR WEBSITE

3.1. Your use of our Website/App is governed by our Terms. Please take the time to read these, as they include important obligations/rights, which apply to you.

3.2. We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read this, as it includes important obligations/rights, which apply to you.

3.3. You may start using our service once you have created Account in our Website/App and logged in accordingly.

3.4. When you create an Account with us, you must provide us information that is accurate, complete, current at all times and you will safeguard your Account information and will supervise and be completely responsible for any use of your Account by anyone other than you. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our Website/App.

3.5. You are responsible for safeguarding the password that you use to access the Website/Append your Account, and for any activities or actions under your password.

3.6. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

3.7. At any time you have a right to cancel your registration in our Website. If you cancel the registration, your Account will be suspended, though not deleted, and you may no longer use our Service and/or Product. In case of cancelling your registration in our Website you will not receive back the subscription fee or any payment made for the use of services, including prepayments.

3.8. When a consumer cancels the registration less than 14 days after concluding the subscription, he/she will receive back the registration fee and prepayments according to Estonian Law of Obligation Act (Võlaõigusseadus) § 49.

4. MATERIALS TO USE

4.1. Access to our Services will be available from the moment you create an Account in our Website/App and log in accordingly.

4.2. Access to demo content will granted upon completing the sign-up process.

4.3. Access to all of the content during the test period will be granted after a successful onboarding of a School to the platform.

4.4. Access to any additional content will be granted after a purchase of a respective content license.

5. PROHIBITED USES

5.1. You may use our Website/App only for lawful purposes. You may not use our Website/App:

5.1.1. In any way that breaches any applicable local, national or international law or regulation.

5.1.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

5.1.3. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

5.1.4. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

5.1.5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

5.2. You also agree:

5.2.1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms.

5.2.2. Not to access without authority, interfere with, damage or disrupt:

5.2.2.1. Any part of our Website/App;

5.2.2.2. Any equipment or network on which our Website is stored;

5.2.2.3. Any software used in the provision of our Service through the Website/App; or

5.2.2.4. any equipment or network or software owned or used by any third party.

6. OWNERSHIP & INTELLECTUAL PROPERTY

6.1. You agree and acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks, trade secrets, text, graphics, logos, icons, images, in the Service, Product, Website and App is the property of Foxcademy and its licensors. Foxcademy hereby grants you and all other Users a limited, non-exclusive, non-transferable, license to use the Service and Product for your own personal purposes. You may not use, copy, distribute, modify or create derivative works from, or disclose, display, transmit, or post any portion of the Service for any purpose. Unless otherwise expressly set forth in writing, your use, access, possession of the Service, Product, Website/App does not grant to you or any third party any rights, title, or interest in or to such intellectual property rights.

6.2. Foxcademy keeps the rights to distribute, modify, delete, promote and use in any way as Foxcademy sees fit any user generated content for business development, revenue generation, marketing or other relatable reasons. That applies not only to content generated inside Foxcademy`s consumer Product using Foxcademy built tools, but as well to any other type of 3rd party content, such as Microsoft Word, Microsoft PowerPoint, video, images or other type of files.

6.3. Foxcademy reserves all intellectual property rights not expressly licensed under these Terms to itself and its licensors.

7. USER CONTENT

7.1. Foxcademy only offers access to Website, App and Service, and is not in any way liable for neither the content nor the results of the works created by the User in any way. Foxcademy is no way neither linked to nor responsible for the contents of the works or any other results created by User using the Website, App and Service.

8. DISCLAIMER OF WARRANTIES

8.1. The Service/Product is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Foxcademy makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service/Product in terms of its correctness, accuracy, reliability, fitness for particular purpose or otherwise. Foxcademy shall have no liability for any interruptions in the use of the Service. Foxcademy disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may not apply to you.

9. LIMITATION OF LIABILITY

9.1. Foxcademy shall not be liable for any monetary damages resulting from use of the Service/Product by you. Furthermore, Foxcademy shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any use of the Service/Product or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Foxcademy has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may not apply to you.

10. INDEMNIFICATION

10.1. You will indemnify and hold Foxcademy (and its affiliates, subsidiaries, licensors and suppliers, and Foxcademy’s and its respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, your improper use of the Service/Product, infringement by any User of any intellectual property or other rights of any person or entity, or your breach of any law or the rights of a third party.

11. MODIFICATIONS AND INTERRUPTION TO SERVICE

11.1. Foxcademy reserves the right to modify or discontinue the Service with or without notice to any User. Foxcademy shall not be liable to any person should it exercise this right. You acknowledge and accept that Foxcademy does not guarantee continuous, uninterrupted or secure access to our Service and operation of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

12. THIRD-PARTY SITES AND APPLICATIONS

12.1. Our Service (including the Website and App) may include links to other websites, applications on the Internet that are owned by third parties. We are not responsible for the availability of, or the content located on or through, any third-party website or application. We do not warrant, guarantee, or assume any responsibility for any product or service advertised or offered by a third party through or in connection with the Service, Website or App, including without limitations, third party products and services, applications or any hyperlinked websites or services, and Foxcademy will not be party to or in any way monitor any transactions between you and third party. Your use of third party services, websites, applications may be subject to third party terms of use or license terms.

13. GOVERNING LAW AND JURISDICTION

13.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

13.2. If a dispute arises between you and us, please contact us first and notify us about any claims or disputes you may have regarding these Terms or the Service, Products provided by us. In the event you and Foxcademy fail to resolve the dispute or claims by way of amicable negotiations, you and Foxcademy, to the extent permitted by applicable law, hereby irrevocably submit to the jurisdiction of Harju County Court, Tallinn, Estonia. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

14. CHANGES TO TERMS

14.1. We reserve the right to make changes to the Service, Product, Website, App or these Terms and any linked documents at any time. We will notify you of the changes. Unless otherwise notified by us, the changes will take effect as of the moment we have notified you of the changes or uploaded or made available the amended content. By continuing to access or use the Service after the changes will take effect, you agree to be bound by the revised version of Terms or other revised documents. If you do not agree to the changes, please stop using the Service, Website and App.

15. TERM AND TERMINATION

15.1. These Terms will remain in full force and effect as long as you continue to use or access the Service, Website or App, or until terminated in accordance with the provisions of this section.

15.2. Foxcademy may terminate your Account and your right to use the Service for any reason at any time. Foxcademy may in its sole discretion, but is not obligated to notify you prior to such termination. Foxcademy shall not be liable to any User or other party for such termination. Foxcademy reserves in its sole discretion the right to delete or save any User content upon such termination. You will receive back your subscription fee and prepayments, except when there has been a breach of contract and/or terms of use by you or a third party.

16. OTHER TERMS

16.1. Waiver and Severability. No failure or delay by Foxcademy to exercise any right or provision provided under these Terms or by applicable law shall constitute a waiver of that or any other right or provision, nor shall it preclude or restrict further exercise of that or any other right or provision. No single or partial exercise of such right or provision shall preclude or restrict the further exercise of that or any other right or provision. If any provision of these Terms (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent requires, be deemed not to form part of these Terms, and the validity and enforceability of the other provisions of these Terms shall not be affected.

16.2. Entire Agreement. These Terms, together with any linked documents, including Privacy Policy, constitute the whole agreement between you and Foxcademy and supersede all previous agreements between you and Foxcademy relating to its subject matter.

16.3. Assignment. These Terms are personal to you and you shall not without the prior written consent of Foxcademy (such consent not to be unreasonably conditioned, withheld or delayed) assign or in any other way transfer these Terms or any of the rights and obligations under these Term to a third party.

16.4. Copyright/Trademark Information. Copyright © 2016, Fox Solutions OÜ. All rights reserved. All trademarks, logos, and service marks displayed on the Service, Website or App are the property of Foxcademy or their respective holders. You are not allowed to use any of the trademarks, logos, and service marks without the prior written consent of Foxcademy or respective holders of such trademark, logo, or service mark.

16.5. Notices. A notice or other communication given by you to Foxcademy under or in connection with these Terms or the Service provided by Foxcademy shall be (i) in writing or in a format which can be reproduced in writing (e.g. e-mail); (ii) in the English language or accompanied by a properly prepared translation into English; (iii) delivered personally or sent by e-mail or sent by courier. The address for delivery of a notice or other communication is set forth in clauses 1.1 and 1.2 of these Terms.