Terms of Service

 Terms of Service

 

Please read these Terms of Service carefully before using Nbros services. By using any of our services as defined below, you signify your agreement to these Terms of Service and any modifications thereto and that you are at least age of 18. Anyone under the age of 18 must have a parent, legal guardian or authorized school, educational setting or implementation partner official read this agreement and agree to it for you.

 

1. GENERAL TERMS AND LICENSE

This Agreement

The Terms of Service of this agreement govern the relationship between you and Nbros Co., Ltd. (“Nbros”) regarding your use of Nbros’s mobile application, educational content, games, related services, and websites (together, “Services”). “You” is in reference to you as the parent, legal guardian, or authorized school official, educational setting official or implementation partner official, and your child or students to whom you have granted access to the Services. Educational settings or implementation partners may include, but are not limited to, non-governmental organizations, non-profit organizations, foundations, government entities, UN agencies, or research or academic institutions whose purpose includes providing educational and/or support services to children.

If you are a parent or legal guardian and you permit your child to use the Services, you agree to be bound by these Terms of Service. If you are an educator, or an official of a school, educational setting, or implementation partner and permit students’ use of these Services, you agree that you are authorized to do so, and that you are in compliance with the family educational rights and privacy act (FERPA), if applicable, and/or any other applicable data privacy regulations, and you agree to be bound by these Terms of Service.

 

Terms of Service and Privacy Policy

By using our Services you: (1) agree to be bound by these Terms of Service and conditions; (2) agree to be bound by other policy and legal notices that may be posted on our website from time to time.

If you do not agree to this Agreement (which is comprised of these Terms of Service and our Privacy Policy) please do not use our Services. You are only authorized to use the Services if you agree to abide by – and do abide by – all applicable laws and this Agreement. We require that you review our Privacy Policy and encourage you to raise any relevant questions with us.

 

Ability to Accept Terms of Service

If you are under the age of 18, you must have a parent, legal guardian or authorized school, educational setting or implementation partner official agree to these Terms of Service. Parents may sign up for a parent account only for their own child(ren). Parents and guardians affirm that they possess legal authority to consent for any child's use of the Services associated with their account should consent be required. Officials of schools, educational settings or implementation partners affirm that they possess legal authority to consent for students’ use of the Services associated with their account should consent be required. Parents, legal guardians and authorized school, educational setting or implementation partner officials affirm that they have read and accepted these Terms of Service and the Privacy Policy, and are fully able and competent to enter into the Terms of Service, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. Parents, legal guardians and authorized school, educational setting or implementation partner officials agree to abide by and comply with this Agreement.

 

Updates to the Terms of Service

Nbros reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting the amended Terms of Service on our website. The date that these Terms were last modified can be found at the end of this agreement. You may also be given notice, such as an email message or messaging within our Services of any significant changes. You will be deemed to have accepted such changes to the Terms of Service by continuing to use any of our Services. If you are a parent or legal guardian, when changes are made to the Privacy Policy pertaining to personal information of children under the age of 18, we will give you direct notice via email if such changes require your express consent.

If at any point you do not agree to any portion of the then-current version of our Terms of Service or Privacy Policy, your license to use the Services shall immediately terminate and you must immediately stop using our Services.

 

Consent to Electronic Communications

Your registration and use of the Service constitutes consent to receiving electronic communications from Nbros and our Subscription Providers regarding your account. You agree that any such communications from either Nbros or our Subscription Providers will satisfy any legal requirements, such as that notice be provided to you in writing. You also consent to receive promotional messages, offers, surveys and requests electronically.

 

Limited License for Personal or Noncommercial Use

Subject to your agreement and continuing compliance with these Terms of Service, Nbros grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Section 1 to access and use the Services for your own internal, personal or non-commercial purposes. You may not transfer your account to anyone else without our prior written permission. This license is granted subject to the following restrictions:

* You shall not create a parent, school or administrator account if you are under the age of 18;

* You shall not create an account using a false identity or information, or on behalf of someone other than for yourself, your school, educational setting or implementation partner;

* You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

 

One-Time Only Subscription, Recurring Monthly Subscriptions, Trial Periods or Free Access

Some Services may be offered to you on a One-Time Only Subscription basis, Free Trial or Free Access basis or as a Recurring Monthly Subscription through mobile application stores (“Subscription Providers”) or our websites. If you elect to purchase subscription Services, you are expressly agreeing that you are authorizing us or our Subscription Providers to charge you the fee associated with the Services you have chosen. Furthermore, you warrant that your use of the particular credit card or other Nbros accepted payment method is authorized and that all information you submit to us, Subscription Providers or any third party designated by us, is true and accurate (including, without limitation, your credit card number and expiration date); and you agree to pay all fees, including any applicable sales taxes, you incur. Payments are transacted through the mobile application stores directly or with Nbros by check or credit card, the latter processed through a designated third-party payment service.

 

Recurring Monthly Subscriptions

If you purchase a Recurring Monthly Subscription, your subscription and payment are processed by Subscription Providers. The monthly subscription fee initially will be billed either at the time you establish your subscription or at the end of the Trial Period provided with your subscription (whichever occurs later), and then on an ongoing basis unless you cancel the subscription. Please note that billing cycles may vary. Also, the timing of your billing may change (i.e. in the event of a problem with your payment method, such as an expired credit card). You should confirm the applicable billing policies prior to establishing your Subscription. You may update your payment information at any time by accessing your account with Subscription Provider. If your credit card is declined, the Subscription Provider will cancel your Recurring Monthly Subscription and email you.

You can cancel your subscription at any time directly through the Subscription Provider. Please note that you must cancel your subscription before it renews for a subsequent month in order to avoid being charged the next month’s subscription fee. If you cancel your subscription, the cancellation will become effective at the end of the then-current monthly subscription period. Deleting our mobile application from your device will not cancel a recurring subscription; you will continue to be charged.

 

Refunds

Refunds will not be provided for any Recurring Monthly Subscriptions or subscriptions purchased directly from us. For One-Time Only Subscriptions, you can request a refund directly from the Subscription Provider according to their refund policies.

 

Trial Periods or Free Access

Any Free Access or Trial Period of our Services are still subject to this Terms of Service.

 

Accessing the Services

By accessing or using any of the Nbros Services, including using any Nbros mobile application or browsing any Nbros website or dashboard, you accept and agree to these Terms of Service.

 

Account Information

When creating or updating a parent, school, educational setting or implementation partner account, you may be asked to provide Nbros with personal information, such as your name and email address, or for a school, educational setting or implementation partner account, the organization’s name and city and country location. This information will be stored and used in accordance with our Privacy Policy. You agree that you will supply accurate and complete information to Nbros and that you will update that information promptly if it changes.

 

License Limitations

Any use of the Services in violation of the License Limitations listed below is strictly prohibited, can result in the immediate revocation of your limited license granted by these Terms of Service, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the Services including undermining or manipulating the legitimate operation of any Nbros Services is a violation of Nbros policy and may be a violation of criminal and civil laws.

You agree that you will not, under any circumstances:

* Engage in any act that Nbros deems to be in conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms of Service;

* Use the Services, intentionally or unintentionally, in connection with, or to promote, any violation of any applicable law or regulation;

* Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Service in any way not expressly permitted by these Terms of Service;

* Violate the security of any computer network, or crack any security encryption codes;

* Except where permitted by law, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or obtain any information from the Services using any method not expressly permitted by Nbros; or

* Copy, modify or distribute rights or content from any Services or from Nbros’s copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms of Service.

 

Suspension and Termination of Account and Services

Nbros may limit, suspend, terminate, modify, or delete accounts or access to the Services or portions thereof if you are, or if Nbros suspects that you are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Services, with or without notice to you. Termination of your account can include disabling your access to the Services.

 

Apps and Services

The Services may include intellectual property (including without limitation any content, games, titles, computer code, concepts, artwork, animations, sounds, musical composition, audio-visual effects, and methods of operation) that is protected under the copyright, trademark and other intellectual property laws of the Republic of Korea and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, graphic images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. Nbros reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Services except where third party attributions are made.

 

Parent and School, Educational Setting or Implementation Partner Accounts

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of Nbros. However, any personally identifiable student data collected within the Teacher or Administrator Dashboard shall be de-identified after a reasonable period of time subsequent to the end of the contract period.

Generally, accounts created with Nbros will be considered active until we receive your request to cancel or delete them or upon the end of a subscription or contract period for fee-based Services. We also reserve the right to terminate any account that has not been accessed for 180 days.

 

Customer Service

For customer service matters relating to your Subscription purchased through a Subscription Provider, please contact the Subscription Provider directly.

 

2. UPDATES TO THE SERVICES

We are continuously adding content and improving our Services; accordingly, the Services will change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts of the Services. When we make a material change to our Services that could adversely affect you, we will try to give you notice, through postings on our websites, messaging through our Services, or email messages, but this is not always practical. Nbros may require that you accept updates to the Services you have installed on your mobile device. You acknowledge and agree that Nbros may update the Services with or without notifying you.

 

3. DISCLAIMERS

Disclaimer of Warranties

The Services and all content and games contained therein are distributed and transmitted on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose, non-infringement, or uninterrupted or error-free Services. Nbros is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of these Services or with respect to the information and material contained on these Services. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you.

 

Limitations of Liability

To the fullest extent permissible pursuant to applicable law, Nbros and its officers, directors, employees, agents and third party providers of the Services will not be liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages that may result from the use of, or the inability to use, the materials contained on the Services, whether the material is provided or otherwise supplied by Nbros or any third party. Notwithstanding the foregoing, in no event shall Nbros’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Services.

 

Indemnification

You agree to indemnify, defend and hold harmless, Nbros and its officers, directors, employees, agents and third party providers of the Services, from and against all losses, damages (actual and consequential), costs and expenses (including attorneys’ fees), arising from or in any way related to your use of the Services or any violation of these Terms of Service by you. You agree that the provisions in this paragraph will survive any termination of your account(s) or of the Services.

 

4. DISPUTE RESOLUTION

General

You and Nbros agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with Section 4 or as Nbros and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

Choice of Law

This Agreement shall be treated as though it were executed and performed in the Republic of Korea. The Agreement and the relationship between you and Nbros shall be governed by the laws of the Republic of Korea without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

5. SEVERABILITY

You and Nbros agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by an arbitrator or any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be in full force and effect.

 

6. GENERAL PROVISIONS

Assignment

You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Nbros’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

 

Entire Agreement

These Terms of Service contain the entire understanding of you and Nbros and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.

 

 

Titles

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

 

Notices

The application can notify you via email or message.

 

Last updated: February 2021