Terms of Use

Effective as of March 19, 2017 | hello@thehomeworkapp.com

Introduction

Thank you for downloading The Homework App. These Terms of Use (also “Terms”) apply to your access and use of The Homework App (“App”), our website thehomeworkapp.com and other products and services (collectively referred to as “Services”) provided by The Homework App Ltd. (“we” or “us”). 

By downloading The Homework App and by using it and our website, you agree to these Terms. If you do not agree to these Terms or you do not meet the eligibility requirements in section “Eligibility”, please do not access or use our Services.

Description of Services

The Homework App is an application based software that allows its users to create and manage their school or university schedule, create lists of teachers (professors) or subjects, record homework tasks and see the stats as well as leave other notes regarding classes.

Eligibility

The Homework App does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. You must be at least 13 years of age to access and use our Services. If you are under 18 (or under the legal in your respective jurisdiction), you may use thehomeworkapp.com, our App and other Services only with permission of a parent or guardian who must agree to be fully responsible for the acts or omissions of such user in connection with our Services.

Privacy

Your use of App and other Services is subject to The Homework App’s Privacy Policy. Please review our Privacy Policy http://thehomeworkapp.com/privacy.html for more information about how we collect and use information about you.

Your Account

You acknowledge that The Homework App is not responsible for third party access to your account that results from theft or misappropriation of your account. The Homework App and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use our Services strictly in accordance with these Terms. As a condition of your use of our App and other Services, you warrant to The Homework App Ltd. that you will not use our App and other Services for any purpose that is unlawful or prohibited by these Terms. You may not use our App and other Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for via our App and other Services.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software, front-end and back-end code, UX/UI design itself, programming source code, text compilations, is the property of The Homework App Ltd. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in our App and other Services. Our content is not for resale. Your use of our Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Homework App Ltd. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Homework App Ltd. or our licensors except as expressly authorized by these Terms.

Indemnification

You agree to indemnify, defend and hold harmless The Homework App Ltd., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the App or Services, any user postings made by you, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Homework App Ltd. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Homework App Ltd. in asserting any available defenses.

Termination

We reserve the right to terminate our agreement with you, suspend or terminate your right to access or use our Services, especially if you breach these terms and conditions.

You may terminate this agreement by stopping using our Services and/or deleting your personal account from the menu in our App.

Additional Terms Applicable to iOS Devices

This section shall apply in case you install, access or use our App on any device that contains the iOS mobile operating system.

Please be acknowledged that these Terms are entered into between you and us only. We are not affiliated with Apple Inc. or its subsidiaries (“Apple”) and Apple shall not be a party to these Terms.

Your usage of Apple device as well as other Apple products is regulated by Apple’s Usage Rules within the Apple Media Services Terms and Conditions. It is the Apple who will refund any applicable purchase price in case of the unlikely event.

You agree that we are solely responsible for providing any maintenance or support required for the App, not Apple.

Please note that Apple is a third-party beneficiary to these Terms and you agree that Apple may enforce these Terms as if it was a party to these Terms.

Boost Subscription

This section shall apply in case you install, access or use our App on any device that contains the iOS mobile operating system.

We offer a paid subscription option for some of our Services within the App (“Subscription”). When you purchase the Subscription through the App, the specified payment will be charged to your iTunes Account at confirmation of purchase. The Subscription is auto-renewable and it automatically renews unless auto-renew is manually turned off by you at least 24 hours before the end of the current Subscription period. You may terminate your Subscription anytime and it will be valid for the Subscription period you have already paid for, however your payment for the current period of the Subscription will not be refunded to you.

Guidelines for App Store mechanisms of viewing, changing, or canceling your Subscriptions are available here. Our rates for Subscription can be found in the menu of our App anytime. We reserve the right to change these rates from time to time.

Liability Disclaimer

THE HOMEWORK APP LTD. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS IN OUR SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE HOMEWORK APP LTD. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HOMEWORK APP LTD. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF SERVICES, WITH THE DELAY OR INABILITY TO USE THE APP AND RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS IN OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE HOMEWORK APP LTD. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP AND RELATED SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES.

Governing Law & Jurisdiction

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of New Zealand, without regard to conflict of law rules or principles (whether of New Zealand or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. In the event of any dispute arising in relation to these terms of use or their subject matter you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand over such dispute.

Changes to Terms

We reserve the right, in its sole discretion, to change these Terms from time to time. The most current version of the Terms will supersede all previous versions. We do encourage you to review these Terms periodically to remain informed of our updates.