Fingerprint Service User Terms

1. SERVICE USER TERMS

  • 1.1 These terms (the Service User Terms) form a binding legal agreement between you and Fingerprint Learning Limited of 17 Grays Hill, Bangor, United Kingdom, BT203BB, company registration number NI604438 (we, us, our). These terms are in addition to the terms of use provisions displayed on www.fingerprintlearning (Terms of Use), and you and we agree that the Terms of Use are extended to include these Service User Terms in relation to any use by you of the Fingerprint Learning services made available through the Site (such services, singly and jointly, the Service. For the avoidance of doubt Service shall include any and all profiles generated by the use of the Service by you and/or by any third party). To the extent any provision of these Service User Terms conflicts with any of the Terms of Use, the provisions of these Service User Terms shall prevail. By accepting these Service User Terms you agree to be bound by their effect. Definitions used in these Service User Terms, unless otherwise defined, have the meaning given them in the Terms of Use.

2. ACCEPTING THE SERVICE USER TERMS

In order to use the Service, you must first agree to the Service User Terms. You may not use the Service if you do not accept the Service User Terms. You can accept the Service User Terms by:

  • 2.1 Clicking to accept or agree to the Service User Terms, where this option is made available to you by us in the user interface for the Service and/or the Site; or
  • 2.2 By actually using the Service. In this case, you understand and agree that we will treat your use of the Service as acceptance of the Service User Terms from that point onwards.

3. USE OF THE SERVICE BY YOU

  • 3.1 In consideration of the payment by you of the fees charged by us from time to time for use of the Service, we grant you a non-exclusive, non-assignable, non-transferable non-sublicensable licence for the duration of the agreement created by these Service User Terms to use the Service solely and strictly for your own personal, non-commercial use.
  • 3.2 You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by us. You specifically agree not to access (or attempt to access) any of the Service through any automated means, including use of scripts, robots, spiders, scrapers or web crawlers. You agree that you will not (a) take any action that imposes, or may impose (in each case in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works from, distribute or publicly display any part of the Site and/or the Service without prior written consent from us and any third party determined by us as appropriate; (c) interfere or attempt to interfere with the proper working of the Service or any activities conducted via the Service; (d) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the Service.
  • 3.3 You agree that you will not engage in any activity that interferes with or disrupts the Service, or the servers and networks which are connected to the Service.

4. ACCOUNT SECURITY

  • 4.1 You represent and warrant to us that any and all information provided by you is true, accurate and complete. You undertake to notify us promptly of any changes to such information. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to decline any application from you to register as a user of the Service in our sole discretion and/or to suspend your use of the Service where we in our sole discretion believe that you are in breach of any provision of these Service User Terms.
  • 4.2 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account, as determined, noted, or recorded by us. Such determination, notation, and record shall be at our sole discretion, and shall serve as conclusive proof of the facts stated therein and to which they attest.
  • 4.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at info@brainfitplan.com

5. USER CONTENT

  • 5.1 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any content that you create, transmit or display while using the Service (any and all such content User Content) and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
  • 5.2 By uploading any User Content you represent and warrant that:
  • 5.2.1 you have the lawful right to reproduce and distribute such User Content:
  • 5.2.2 the uploading, downloading, posting, emailing or transmission by any other means of the User Content will not constitute or encourage a criminal offence, violate the rights of any party or otherwise create liability or violate any local, state, national or international law; and
  • 5.2.3 the User Content posted by you will not be unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including rights of celebrity, privacy and intellectual property.

6. INTELLECTUAL PROPERTY

  • 6.1 You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Service may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.
  • 6.2 Unless you have agreed otherwise in writing with us, nothing in the Service User Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Service.
  • 6.3 By submitting, posting or displaying the User Content you give us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Content which you submit, post or display on or through, the Service.
  • 6.4 You understand that we, in performing the required technical steps to provide the Service, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit us to take these actions.
  • 6.5 You agree that we have the exclusive right (but not the obligation) to un-publish, take offline, delete, archive, prohibit, ban, or otherwise remove User Content that, in our sole opinion, does not relate or bears no relation, or, in any manner or form, is improper or inappropriate to the Service.
  • 6.6 You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above license.

7. TERMINATION

  • 7.1 We may at any time, terminate our legal agreement with you and the supply to you of the Service if:
  • 7.1.1 you have materially breached any provision of the Service User Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Service User Terms) and, where such breach is capable of remedy, we determine that you have not so remedied within fourteen days of notification; or
  • 7.1.2 we are required to do so by law (for example, where the provision of the Service and/or the Site to you is, or becomes, unlawful); or
  • 7.1.3 you cease to trade; or become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you; or a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court; or the ability of your creditors to take any action to enforce your debts is suspended, restricted or prevented or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction): or
  • 7.1.4 the provision of the Service to you by us is, in our opinion, no longer commercially viable.
  • 7.2 When these Service User Terms come to an end:
  • 7.2.1 the licence granted at clause 3.1 of these Service User Terms terminates; and
  • 7.2.2 all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Service User Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Clauses 5, 6, 7 and 8 shall survive termination of these Service User Terms.
  • 7.3 We reserve the exclusive right and prerogative to retain, maintain, archive, protect, use, or store any and all data or information, without regard as to time or duration, as it may deem reasonable or necessary in the pursuit of its business or interests, or in protecting such business or interests, notwithstanding the termination or cessation of your relationship with us.

8. LIMITATION OF LIABILITY

  • 8.1 Clause 7.7.1 of the Terms of Use shall be amended by the deletion of the word “direct”.
  • 8.2 Nothing in these Service User Terms, or in the Terms of Use, shall limit our liability for death or personal injury caused by our negligence, or for any liability which may not be limited under governing law
  • 8.3 Subject to clauses 8.1 and 8.2 of these Service User Terms, the aggregate liability of us in respect of any loss or damage suffered by you and arising out of or in connection with the use of the Services and/or the Site by you and/or any third party shall not exceed the amount of the total fees actually paid by you to us in the twelve months preceding the date of the your claim (and for the avoidance of doubt you undertake to act at all times to mitigate any such loss or damage).