Welcome to Endoxa! We’re excited to have you here but before you start using Endoxa, we do need you to look through and accept these terms. We’ve done our best to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us.
To make things easier, you’ll also find summary paragraphs at the top of each section to give you a heads up on what’s coming up.
These are your legal rights and obligations, so please do read everything. If you can’t agree to our terms, then you can’t use our services.
Version: 1 Last updated: November 19th, 2019
Joining and using Endoxa
In this section we explain how to subscribe to Endoxa and use our services. When you see a word in bold it will have the same corresponding meaning every time it’s used within these terms
1. You and Endoxa: When we say you or your, we mean you and any entity you’re authorised to represent. When we say Endoxa, we, our or us, we’re talking about the Endoxa entity you contract with and pay fees to.
2. Our services: Our services consist of all the services we provide now or in the future, including our online educational products.
3. Creating a subscription: When you create a subscription to use our services and accept our terms, you become a subscriber. If you’re the subscriber, you’re the one responsible for paying for your subscription
4. Becoming a user: Once you have set up a subscription, you will have access to our services and become a user.
5. The right to use our services: We grant you the right to use our services (based on your subscription type and the level of access you have been granted) for as long as the subscriber continues to pay for the subscription or until the subscription is terminated.
6. The rules of the community: When you use Endoxa, you agree to follow the rules outlined in Section 29. Please read them and make sure you understand what you should and shouldn’t do.
7. Your responsibilities: You promise that you’ll keep your information (including a current email address) up to date. You’re responsible for protecting your username and password from getting stolen or misused. You will ensure that your password is strong and not easily guessable. The stronger the password the better!
8. When we introduce new or revised services: Since we are always thinking about how to make Endoxa the best it can be, we regularly expand our services. For new or updated services, there might be additional terms. We’ll let you know what those terms are before you start using those services.
9. What we own: We own everything we’ve put into our services unless otherwise stated. This includes rights in the design and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or to use any of our intellectual property rights in any way not expressly permitted by us.
Unless you’re in a free trial or other offer period, you’ll need to pay for a subscription based on the pricing of your selected plan. The pricing details and other terms of your subscription are explained when you select your plan.
10. Trial subscriptions: When you first sign up, you may be able to opt for a free trial, based on the terms specified at the time. If you choose to continue to use our services after the trial, you’ll be asked to add your billing details into our services, explained in more detail in the pricing plan. You can add a different billing name and email address to your user name and email address.
11. Endoxa pricing plans: Your use of our services generally requires you to pay a monthly subscription fee based on your subscription type. The pricing plan consists of the subscription and subscription fees we offered you, including invoicing, payment, auto-renewal and cancellation terms. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know.
12. Importance of timely payments: In order to continue accessing our services, you need to make timely payments based on the pricing plan you selected. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made.
Data use and privacy
14. Use of data you enter: When you enter or upload non-personal data into our services, including arguments, we host that data and you irrevocably allow us to use, copy, transmit, share with other users, store, analyse and back up all data you submit to us through our services. This will: Enable you and others to use our services; allow us to improve, develop and protect our services; allow us to create new services and marketing materials and communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences. From time to time we may send you emails with updates explaining new content, new features, offers, etc. If you do not wish to receive these, click the unsubscribe link at the end of the email.
15. Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, you may be required to assess whether the unauthorised access must be reported to a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription.
To help protect our services and your data, we take security seriously and you should too.
16. Security safeguards: We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to parts of our services until you verify that access was by an authorised user.
17. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately.
Apps and third-party providers
To help make your Endoxa experience even more interesting, the Endoxa ecosystem includes apps and other products and services made available by trusted partners.
18. Third party products: Along with the use of our services, you may use data, services and apps from other companies (third party products), for example, Wikipedia to find argument examples. Any third party providing a third-party product is a provider and is independent of us.
19. Third-party terms and descriptions: Third-party products are subject to terms and conditions and privacy notices set by their providers. These include how the provider will use your data that you make available to them. Be sure to read and make sure you agree to their terms and conditions and understand their approach on personal and non-personal data before you connect to them. We are not responsible for websites we link to.
Maintenance, downtime and data loss
We really try to minimise any downtime, but sometimes it’s necessary so we can keep out services updated and secure. You also may have occasional access issues and may experience data loss, so backing up your data is important.
20. Availability: We strive to maintain the availability of our services. On occasion, we need to perform maintenance on our services and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance, but we can’t guarantee it.
21. Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happened for any number of reasons, as any time.
22. Data loss: Data loss is an unavoidable risk when using any technology. Endoxa runs online backups. It’s encrypted and stored so that it is safe, secure and available when you need it. However, no method of electronic storage is completely without risk of loss.
23. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue our services.
24. Problems and support: If you have a problem, we have excellent explanation videos and support articles available through the ‘Help and Guides’ section of the App.
25. Modifications: We frequently release new updates, modifications and enhancements to our services and in some cases, discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by newsletter, on our blog, or within our services when you login).
Do’s and Don’ts
This section is super important because it outlines how you can (and can’t) use our services. Much of it will be common sense.
26. Feedback: We love your feedback, including suggestions and comments. We may use it without restriction.
27. Help using our services: We provide a lot of guidance and support to help you use our services. You agree to only use our services for educational purposes and in line with the instructions and guidance we provide. You agree not to use the site for any commercial or business purposes.
28. No-charge or beta services: Occasionally we may offer a service at no charge – for example a beta service, or a time-limited trial. Because of the nature of these services, you use them at your own risk.
29. While we can’t cover everything here, we do want to highlight a few more examples of things you mustn’t ever do:
- Undermine the security or integrity of our computing systems or networks.
- Use our services in any way that might impair functionality or interfere with other people’s use
- Access any system without permission
- Introduce or upload anything to our services that includes viruses or other malicious code
- Share anything that may be offensive, violates any law, or infringes on the rights of others
- Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services
- Resell, lease or provide our services in any way not expressly permitted through our services
- Repackage, resell, or sublicense any data accessed through our services
- Commit fraud or other illegal acts through our services
- Act in a manner that is abusive or disrespectful to an Endoxa employee, partner or other Endoxa customer. We will not tolerate any abuse or bullying of our Endoxa employees in any situation and that includes interaction with our support teams.
You can easily terminate your subscription with one month’s written notice. We may terminate your subscription as well with the same notice. If you violate these terms, we many terminate your subscription immediately.
30. Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable. These terms automatically continue providing you continue to pay the subscription fee in accordance with the pricing plan. You may choose to terminate your subscription at any time by providing one month’s written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination. For more information, including on how to terminate your subscription, check out our FAQs.
31. Termination by Endoxa: Endoxa may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. Endoxa may also terminate or suspend your subscription or access to all or any data immediately if:
- you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach
- you breach any of these terms and the breach cannot be remedied
- you fail to pay subscription fees, or
- you become insolvent
32. No refunds: No refund is due to you if you terminate your subscription or Endoxa terminates it in accordance with these terms.
33. Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you.
Liability and Indemnity
This section is important as it outlines liability terms between us and subscribers, so we urge you to read it closely and in full.
34. You indemnify us: You indemnify us against all losses (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault)
35. Disclaimer of warranties: Our services are made available to you on an ‘as is’ basis. Subject to the consumer law terms (see ‘Consumer law’, below), we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
36. Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise is limited as follows:
- We have no liability arising from your use of our services for your grades, exam performance, career or lifetime earnings, future opportunities of any other event or outcomes in the user’s life, regardless of any usage or claims.
- For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available back-ups
- Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.
This section outlines how disputes may be resolved.
37. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us through [email protected]. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as plaintiff or class member in any purported class or representative proceeding.
Here we set out some additional items. Take a read as they cover important issues.
39. Trademarks & Patents: Endoxa trade marks are registered and patents are pending. You are not permitted to use trademarks or patents without approval.
40. Events outside our control: We do our best to control the controllables. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
41. Notices: Any notice you send to Endoxa must be sent to [email protected]. Any notices we send to you will be sent to the email address you’ve provided us through your subscription.
42. Consumer laws: Endoxa does not exclude or limit in any way its liability to Subscribers where it would be unlawful to do so.
43. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber. You’re solely responsible for resolving disputes between you and any other subscriber.
44. Changes to these terms: We sometimes will decide to change these terms. But don’t worry, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services. If a change is not material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to Endoxa.
You’ve made it to the end. Thank you for reading our terms!