Please read this Mobile Application End User License Agreement (“EULA”) carefully before downloading or using the Schooly mobile application (“Mobile App”). This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and Schooly (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App. Your use of the Mobile App is subject to this EULA.
1. License. Schooly grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your personal purposes strictly in accordance with this EULA.
2. Your Account. Your use of the Mobile App requires that You have an account on Schooly and agree to the terms of service.
3. Changes to this EULA. Schooly reserves the right to modify this EULA at any time and for any reason. Schooly will post the most current version of this EULA at https://www.schoolyapps.com/schooly/eula.html. If Schooly makes material changes to this EULA, You will receive notification via the Mobile App. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at Schooly’s website even if these updated terms appear online at Schooly’s website before being posted on the Mobile App. Your continued use of the Mobile App after Schooly publishes notice of changes to this EULA indicates Your consent to the updated terms.
4. No Included Maintenance and Support. Schooly may deploy changes, updates, or enhancements to the Mobile App at any time. Schooly may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
5. Acceptable Use. You agree that You will not use or encourage others to use the Mobile App or the Subscription Service as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App. You agree that your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us) as well as agreeing to the conditions as outlined in the Terms of Service available in the About section of the mobile app.
6. Privacy. In order to operate and provide the Mobile App, Schooly may collect certain information about You, including technical and telemetry data related to your use of the Mobile App. We use third party service providers to help us collect and analyze this data, including Google Analytics. Schooly uses and protects that information in accordance with the Schooly Privacy Notice (a current version of which can be found at https://www.schoolyapps.com/schooly/privacy.html).
7. Consent to Electronic Communications and Solicitation. By downloading the Mobile App, You authorize Schooly to send You (including via email and push notifications) information regarding the Mobile App, such as: (a) notices about Your use of the Mobile App, including notices of violations of use; (b) updates to the Mobile App and new features or products; and (c) promotional information and materials regarding Schooly's services.
8. No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SCHOOLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. Schooly does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device.
9. Suspension and Termination of the Mobile App. Schooly reserves the right to suspend or terminate Your access to the Mobile App at any time. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the Mobile App.
10. Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Mobile App to or use the Mobile App in any such country.
11. Contact Information. If You have any questions regarding this EULA, please contact Schooly by email at support@schoolyapps.com.
12. Third Party Beneficiaries. This EULA is executed between You and Schooly and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third party beneficiary thereof. Schooly is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider.
Last Updated: July 2020