Term of Use - UpStudy (Fomerly CameraMath)

Last Updated April 17, 2024

INTRODUCTION

This Terms of Service document (the "Terms") outlines the terms and conditions of use of the services (the "Services" or "Service") provided by Crazysloth Pte. Ltd. (the “CRAZYSLOTH”, "Company", "We", "Us", or "Our"), including but not limited to UpStudy (the "Application"), UpStudy’s website (the "Site"), and any software provided by CRAZYSLOTH (the "Software").

By agreeing to these Terms, You are also agreeing to Our Privacy Policy.

These Terms and the Privacy Policy (together, the “Agreement”) constitute a legally binding agreement between you and UpStudy, so please read them carefully.

ACCEPTANCE

By accessing the Services, You are agreeing that on behalf of Yourself or those You represent("You") to comply and legally bound by these Terms in their entirety. If You do not agree with any part of the Terms, You may not use Our Services.

By accessing the Services, You agree that You have read, understood, and accept to be bound by the Terms.

MODIFICATION

We may update the Terms from time to time without notice. If You continue to use Our Services after these changes take effect, then You agree to the revised Terms. Notification on core changes will be made available through Our Site or Application. You understand that it is Your responsibility to review these Terms from time to time, and Your use of the Services following the changes to these Terms constitutes Your acceptance of the changed Terms.

ELIGIBILITY

The Service is only available to persons aged 13 or above. By accessing the Services, You represent and warrant that You are legally an adult in Your country, or, if You are at least 13 or the minimum age of digital consent in Your country but not yet an adult legally and have legal guardian's permission to access the Services.

SUBSCRIPTION AND CANCELLATION

UpStudy offers Users the opportunity to purchase a UpStudy Subscription, through which users will receive unlimited access to all Answers available on the UpStudy Services for the duration of the subscription term listed on our Service at the time of purchase. Users who do not purchase a UpStudy Subscription will only be able to view a limited number of Answers during a set period. Additionally, A UpStudy Subscription is required to use the Tutoring Services.

If permitted by the laws of the country that you reside, all UpStudy subscriptions are set to automatically renew at the end of the term. To end the renewal, please cancel it at least 7 days before the end of your subscription term by clicking Cancel Subscription in your account.

If you are unsatisfied with UpStudy Premium, to obtain a refund, please request it within 7 days from the time of purchase or renewal by clicking 'Request a Refund' in your account. Please note that your refund will fail if UpStudy detects any policy violation or illegal of your activities.

LICENSE TERMS

UpStudy grants You a non-exclusive, non-transferable right to use the service. You shall not modify, distribute, sublicense, or by any mean commercially exploit or make available to any third parties the Services in any way.

You may not: (i) copy, reproduce, modify or create derivative works of the Service or a part thereof; (ii) sell, rent, lease, distribute, transfer, sublicense, lend or otherwise assign any rights to, or any part of, the Service to any third party or otherwise commercially exploit the Service; (iii) make the Service available to multiple users by any means, including without limitation by uploading the Service to a file-sharing service or other types of hosting service or by otherwise making the Service available over a network where it could be used by multiple devices at the same time; (iv) disassemble, decompile, reverse engineer, or attempt to derive the source code of any part of the Service, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law. You agree to comply with any technical restrictions in the Service that allow You to use the Service only in certain ways; (v) access the Service in order to build a similar or competitive service; (vi) scrape, build databases or otherwise create permanent copies of any content derived from the Service, or collect any data incorporated in the Service in any automated manner such as through the use of bots, spiders, crawlers or any other automated means; (vii) exploit the Service in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity; or (viii) use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.

UpStudy reserves all rights that are not expressly granted to You.

All the above Asset is owned by the original author and is protected by copyright law.

PROPRIETARY RIGHTS

You acknowledge and agree that the UpStudy app/website and Materials are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. Except as provided herein, no portion of the UpStudy app/website or Materials, including the data contained in the Materials, may be reproduced or distributed in whole or in part unless expressly authorized by UpStudy in writing. The UpStudy name and logo, and all related product and service names, design marks, and slogans are the trademarks or registered trademarks of UpStudy. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any UpStudy or third-party trademarks or logos without the prior written consent of UpStudy or the applicable trademark owner.

SUSPENSION AND TERMINATION

If you violate this Terms or any applicable laws, we may suspend or terminate your account and/or services.

Actions such as contacting your bank or credit/debit card provider to cancel a payment, as well as refusing, canceling, or disputing any charges associated with your use of the Services (known as "Chargebacks") will be considered a breach of your payment obligations under these Terms. We also reserve the right to dispute any Chargebacks received in connection with your account. If we determine, in our sole discretion, that you have made a bad faith chargeback claim, we may choose to delete your account and take reasonable steps to restrict your future access to our Services.

The licence granted herein, as well as any other licences (if any), will terminate without notice immediately upon expiry of your account subscription or termination for any of the reasons set out in these Terms.

THIRD-PARTY

We use third-party services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the Service may link to third-party websites to facilitate its provision of services to You. If You use these links, You will leave the Service. Please note that Your use of such third-party services will be governed by the terms and privacy policy applicable to the corresponding third party. Some of these third-party websites may use Service Materials under license from us. We are not responsible for, nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings You may have on or through a third-party website or as a result of the presence of any third-party advertising on the Service.

If you encounter any appropriate or unacceptable ad, we encourage you to report by emailing to [email protected]. Kindly furnish us with relevant information of the ad, such as a snapshot and a description of when and where you notice it.

WARRANTIES

The services and the service materials are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Your use of the services is at your sole risk. In addition, while we attempt to provide a good user experience, we cannot and do not represent or warrant that the services will always be secure or error-free or that the services will always function without delays, disruptions, or imperfections. The foregoing disclaimers shall apply to the extent permitted by applicable law.

We are not obligated to maintain or support the Service, to provide all or any specific content through the Service, or to provide You with updates, upgrades, or services related thereto. You acknowledge that we may from time to time in our sole discretion issue updates or upgrades to the Service, disable access to the Service for any period of time or permanently, and automatically update or upgrade the version of the Service that You are using on Your device. You consent to such automatic updating or upgrading on Your device and agree that these Terms will apply to all such updates or upgrades unless such an upgrade is accompanied by a separate license in which case the terms of that license will govern. You acknowledge and agree that we shall have no liability to You arising out of any unavailability of the Service. The license to use the Service granted under these Terms remains in effect until terminated by You or us. You may terminate the license at any time by destroying all copies of the Service in Your possession or control. Without prejudice to any other terms set forth in these Terms, the license will automatically terminate without notice from us if You in any way breach any provision of these Terms. Upon termination in accordance with these Terms for any reason, You must cease all use of the Service and promptly delete and destroy all copies, full or partial, of the Service. Your termination of the license for any reason shall not release You from any liabilities or obligations set forth in these Terms which (i) have expressly been stated as surviving any such termination or expiration, or (ii) remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event will we, be liable to you or to any third person for any consequential, incidental, special, punitive, or other indirect damages, including any lost profits or lost data, arising from your use of the service or other materials on, accessed through or downloaded from the service, whether based on warranty, contract, tort, or any other legal theory, and whether or not we has been advised of the possibility of these damages. We shall not be liable to you for more than the greater of (i) the amount you have paid to us in accordance with these terms in the three (3) months immediately preceding the date on which you first assert a claim or (ii) $100. The limitations and disclaimers in these terms do not purport to limit liability or alter rights that cannot be excluded under applicable law. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above disclaimers and limitations may not apply to you. In these jurisdictions, UpStudy’s liability will be limited to the greatest extent permitted by law.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless UpStudy, its employees, members, directors, agents, supplier, and affiliated companies and their employees, agents, directors, shareholders, members, from any and all claim and expenses, including attorneys’ fees, arising out of Your use of the Content and Service, including but not limited to Your violation of this Agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.

TERMINATION

We reserve the right to discontinue offering the Service or any part thereof or to suspend, remove, modify, or disable access to the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service at any time. In no event will we be liable for the removal of or disabling of access to the Service or any part thereof. We may also impose limits on the use of or access to the Service, in any event, and without notice or liability. Upon termination of the Service or a part thereof, your license to use the Service or a part thereof will be automatically terminated. In such events, UpStudy shall not be obligated to provide refunds or other compensation to users in connection with such discontinuation. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to the principles of conflicts of law of any jurisdiction.

DISPUTE RESOLUTION

By agreeing to these Terms and/or using the Services, you agree without reservation that any disputes arising from or relating to the Terms or the use of the Services will be exclusively resolved by the competent courts located in Singapore.

If you have questions regarding the Terms, please contact us at [email protected].

Legal department: 0 PAYA LEBAR ROAD #07 – 54 PAYA LEBAR SQUARE SINGAPORE 409051