Grokkoli Terms of Service
Effective as from Jan 1st 2022.
Last updated: Dec 7, 2023
1. Acceptance of these terms and conditions
2. Changes to the terms of service and the website
We reserve the right to update and modify this Agreement at any time. Modified versions of this Agreement will become effective and will apply to you upon our making such modified versions available through the service. Your continued use of the service after such modifications have been made available shall be deemed as acceptance by you of the newly modified Agreement. It is your obligation to review the agreement and to become aware of any such modifications.
3. Your right to access and use the service
Grokkoli helps its users learn and practice math. You understand and agree that the Service is provided "as-is" and that Grokkoli PBC assumes no responsibility for any mistakes, errors, or omissions, including any unavailability of the Service or deletion or loss of any data relating to the Service.
We hereby grants you a personal, non-transferable, and non-exclusive right and license to utilize the Service. By agreeing to these terms, you acknowledge that you shall refrain from copying, modifying, creating derivative works of, reverse engineering, reverse assembling, or attempting to discover any source code related to the Software. Furthermore, you are prohibited from selling, assigning, sublicensing, granting a security interest in, or otherwise transferring any rights in the Software. You also agree not to modify the Software in any manner or form, nor to use modified versions of the Software, which includes unauthorized access to the Service. It is mandatory to access the Service solely through the interface provided by us for that purpose.
To utilize the Service, you are required to have access to the Internet, either directly or through web-enabled devices, and assume responsibility for any associated service fees or costs. Additionally, you must possess all necessary equipment, including a computer, modem, or other access device, to establish a connection to the Internet.
You need an account on grokkoli to access our math-learning program. When setting up and maintaining your account you must provide information that is accurate and up-to-date. You are solely responsible for your account and everything that happens with it, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not share your account-credentials with anyone. You may not transfer your account to someone else or use someone else’s account without their permission.
Grokkoli PBC does not sell the Service to children. Only adults who have the capacity to make purchases using a credit card or other approved payment methods may create an account may do so. If you are under the age of eighteen (18), you are permitted to use the Service only with the involvement and consent of a parent, legal guardian, or as directed by your School. You must also adhere to any additional policies set forth by your School regarding the use of the Service.
If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you get set up to answer math-questions appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services, we will terminate your account.
5. Payments, credits, refunds
Users deciding not to pay for the service will have their access to some or all areas of grokkoli revoked. (All prices stated on the our website will be subject to applicable sales taxes.)
6. Cancellation of Services
All payments for paid subscriptions will be non-refundable. If you cancel your account, your paid subscription will be cancelled, but you will not be eligible for a prorated refund of any portion of the unused paid services. In other words, where billing for a service is recurring on a periodic basis, the unused portion of the current service period will not be refunded. Paid subscriptions cannot be transferred to any other account.
7. Automatic subscription renewal
If you decide to pay for and continue using the service, your subscription to the service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with Section 9 (Term and termination). Automatic subscription renewals will always be for a monthly subscription term, even if the previous subscription term was for a longer period. At the time of renewal the payment method you have designated to be charged for the purchase of the service will automatically be charged our then current fees for the applicable subscription.
8. Technology limitations and modifications
We will make reasonable efforts to keep grokkoli operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the service with or without notice.
9. Third-party links
Our website may contain links to third-party websites. We are not responsible for the content or actions of these websites. Any link to a third-party website does not imply our endorsement.
10. Disclaimer of warranties and limitation of liability
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL GROKKOLI PBC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY SILLY INDUSTRIES AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SERVICE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER SILLY INDUSTRIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF FIFTY U.S. DOLLARS ($50.00).
11. Prohibition of class and representative
YOU AND GROKKOLI PBC AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SILLY INDUSTRIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SILLY INDUSTRIES USERS.
You hereby agree to indemnify, defend and hold harmless Grokkoli PBC and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Grokkoli PBC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
This Agreement represents the entire agreement between you and Grokkoli PBC regarding the use of our services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Province of British Columbia, Canada. As a condition of using Grokkoli PBC's services, each user agrees that any and all disputes and causes of action arising out of or connected with Grokkoli PBC, shall be resolved through arbitration, with such arbitration to be held in the Region of Vancouver, British Columbia, Canada. Additionally, except where prohibited by law, as a condition of using Grokkoli PBC's services, you agree that any and all disputes and causes of action arising out of or connected to our services or products shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of Grokkoli PBC's services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sub-licensable without the prior written consent of Grokkoli PBC. Grokkoli PBC may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
14. Entire agreement
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
16. English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.