Published: december 15, 2014
Effective: january 1, 2015
EduCommerce technologies’ services agreement

These terms (“Terms”) cover the use of those EduCommerce Technologies’ consumer products, mobile apps, websites, and services listed herein this agreement (the “Services”). You accept these Terms by creating an EduCommerce Technologies account or myly account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.

1. Your privacy

Your privacy is important to us. Please read the EduCommerce Technologies Privacy Statement, (collectively "Privacy Statements") as they describe the types of data we collect from you and your devices ("Data") and how we use your Data. The Privacy Statements also describe how EduCommerce Technologies uses your content, which is your communications with others; postings or feedback submitted by you to EduCommerce Technologies via the Services; and the files, photos, documents, audio, digital works, and videos that you upload, store or share through the Services ("Your Content"). By using the Services or agreeing to these Terms, you consent to EduCommerce Technologies’ collection, use and disclosure of Your Content and Data as described in the Privacy Statements. myly will not share your data with any third party or advertisers. myly uses de-identified data to provide relevant contextual information at different points in time.

Your content.

Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

  • When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, and display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. EduCommerce Technologies cannot be held responsible for Your Content or the material others upload, store or share using the Services.
  • To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve EduCommerce Technologies products and services, you grant to EduCommerce Technologies a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising.
Code of conduct

A. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:

  • Don’t do anything illegal.
  • Don’t engage in any activity that exploits, harms, or threatens to harm children.
  • Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), emails, or instant messages.
  • Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).
  • Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
  • Don’t circumvent any restrictions on access to or availability of the Services.
  • Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, communicating hate speech, or advocating violence against others).
  • Don’t infringe upon the rights of others.
  • Don’t engage in activity that violates the privacy of others.
  • Don’t help others break these rules.

b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your EduCommerce Technologies account or myly account. We may also block delivery of a communication (like email or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, EduCommerce Technologies reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.

Using the services & support.

a. EduCommerce Technologies account or myly account.:

You’ll need an EduCommerce Technologies account or myly account to access many of the Services. Your account lets you sign in to products, websites, mobile app and services provided by EduCommerce Technologies and some EduCommerce Technologies partners.

  • 1 .Creating an account. You can create an EduCommerce Technologies account or a myly account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your EduCommerce Technologies account or myly account. In some cases, a third party, may have assigned an EduCommerce Technologies account to you. If you received your EduCommerce Technologies account from a third party, the third party may have additional rights over your account, like the ability to access or delete Your EduCommerce Technologies account. Please review any additional terms the third party provided you, as EduCommerce Technologies has no responsibility regarding these additional terms. If you create an EduCommerce Technologies account on behalf of an entity, such as your institution, business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your EduCommerce Technologies account or myly account to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your EduCommerce Technologies account or myly account.
  • 2 Account use. You must use your EduCommerce Technologies account to keep it active. This means you must sign in at least once in a 6-month period to keep your EduCommerce Technologies account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your EduCommerce Technologies account is inactive and will close it for you. Please see section 4(a)(iv)(2) for the consequences of a closed EduCommerce Technologies account. If we reasonably suspect that your EduCommerce Technologies account or myly account is being used by a third party fraudulently (for example, as a result of an account compromise), EduCommerce Technologies may suspend your account until you can reclaim ownership.
  • 3 Kids and accounts. By using the Services, you represent that you have either reached the age of "majority" where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create an EduCommerce Technologies account or myly account. If you are the parent or legal guardian of a minor that creates a EduCommerce Technologies account or myly account, you accept these Terms on the minor’s behalf and are responsible for all use of the EduCommerce Technologies account, myly account, or Services, including purchases, whether the minor’s account is now open or created later.
  • 4 Closing Your account.
  • You can cancel specific services or close your educommerce Technologies account or myly account at any time and for any reason. To close your EduCommerce Technologies account, please contact your institution; if you are a institution email us at support@mylyapp.com. When you ask us to close your EduCommerce Technologies account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60 day period, your EduCommerce Technologies account will be closed. See section 4(a)(iv)(2) below for a detailed explanation as to what happens when your EduCommerce Technologies account is closed. Logging back in during that 60 day period will reactivate your EduCommerce Technologies account.
  • If your services are canceled or your Educommerce Technologies account or myly account is closed (whether by you or us), a few things happen. First, your right to use the Services stops immediately and your license to use the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your EduCommerce Technologies account or myly account or will otherwise disassociate it from you and your EduCommerce Technologies account or myly account (unless we are required by law to keep it). You should have a regular backup plan as EduCommerce Technologies won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to material or products you’ve acquired.

b. Additional equipment/data plans

To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.

c. Service notifications.

When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your EduCommerce Technologies account or, for myly notifications, your myly account. If you authorized use of your phone number for your EduCommerce Technologies account or myly account, then we may send Service notifications to you via SMS (text message). Data or messaging rates may apply when receiving notifications via SMS.

d. Support. customer support for the services is available on www.mylyapp.com.

When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your EduCommerce Technologies account or, for myly notifications, your myly account. If you authorized use of your phone number for your EduCommerce Technologies account or myly account, then we may send Service notifications to you via SMS (text message). Data or messaging rates may apply when receiving notifications via SMS.

Using third-party apps and services.

Our Services may allow you to access or acquire products, services, websites, links, content, material, games or applications from third parties (companies or people who aren’t EduCommerce Technologies) ("Third-Party Apps and Services"). Many of our Services also help you find Third-Party Apps and Services, and you understand that you are directing our Services to provide Third-Party Apps and Services to you. The Third-Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider, or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third-Party App or Service. You should review any additional terms and privacy policies before acquiring or using any Third-Party Apps and Services. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. EduCommerce Technologies does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible for information provided by third parties.

Service availability.
  • a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your EduCommerce Technologies account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
  • b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and EduCommerce Technologies is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services.
Updates to the services or software, and changes to these terms.
  • We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your EduCommerce Technologies account and/or myly account and, if you are a parent or guardian, help your minor child close his or her EduCommerce Technologies account or myly account.
  • Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes, including those that prevent you from accessing the Services, or using unauthorized hardware peripheral devices. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. EduCommerce Technologies isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system for which you licensed the software.
  • Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14(b)(v)), or applications previously purchased. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work.
  • So that you can use material protected with digital rights management (DRM), like some music, games, movies and more, DRM software may automatically contact an online rights server and download and install DRM updates.
Software license.

Unless accompanied by a separate EduCommerce Technologies license agreement, and except as provided in section 14, any software provided by us to you as part of the Services is subject to these Terms.

  • a. If you comply with these Terms, we grant you the right to install and/or use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by EduCommerce Technologies. Notices, if any, for the third-party code are included for your information only.
  • b. The software is licensed, not sold, and EduCommerce Technologies reserves all rights to the software not expressly granted by EduCommerce Technologies, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
  • circumvent or bypass any technological protection measures in or relating to the software or Services;
  • disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
  • separate components of the software or Services for use on different devices;
  • publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless EduCommerce Technologies expressly authorizes you to do so;
  • transfer the software, any software licenses, or any rights to access or use the Services;
  • use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
  • enable access to the Services or modify any EduCommerce Technologies-authorized products by unauthorized third-party applications.
Payment terms.

If you purchase a Service, then these payment terms apply to your purchase and you agree to them.

  • Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. The price for myly paid products excludes a charge for the product and a charge for taxes. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your EduCommerce Technologies or myly account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.
  • Your billing account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the www.mylyapp.com website or by writing to support@mylyapp.com. Additionally, you agree to permit EduCommerce Technologies to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account and contact information current at all times. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
  • Billing. By providing EduCommerce Technologies with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize EduCommerce Technologies to charge you for the Services or available content using your payment method; and (iii) authorize EduCommerce Technologies to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
  • Automatic renewal. Provided that automatic renewals are allowed in your country and state, we will inform you by email before automatically renewing your Services, unless purchased on a subscription basis. Once we have informed you that the Services will be automatically renewed, we may automatically renew your Services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
  • Refund policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that EduCommerce Technologies has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
  • Canceling the services. You may cancel a Service at any time, with or without cause. Please send an email to support@mylyapp.com for details on the cancellation process & formalities prevailing at that time. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
  • Trial-period offers. If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
  • Promotional offers. From time to time, EduCommerce Technologies may offer Services for a trial period during which EduCommerce Technologies will not charge you for the Services. EduCommerce Technologies reserves the right to charge you for such Services (at the normal rate) in the event that EduCommerce Technologies determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
  • Price changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
  • Payments to you. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
Contracting entity

For use of free as well as paid, consumer myly-branded Services, you're contracting with, and all references to "EduCommerce Technologies Pvt. Ltd." in these Terms shall mean, EduCommerce Technologies Pvt. Ltd. based at F-44, Nandpuri Extn, Swez Farm, Jaipur – 302 006 INDIA.

Choice of law and place to resolve disputes.

You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Jaipur, Rajasthan, INDIA, for all disputes arising out of or relating to these Terms or the Services that are heard in court (including arbitration and small claims court).

Warranties. EDUCOMMERCE TECHNOLOGIES, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. EDUCOMMERCE TECHNOLOGIES DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
Limitation of Liability.If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from EduCommerce Technologies or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to $INR 500.00 if the Services are free). You can't recover any other damages or losses, including, without limitation, direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
Service-specific terms.

The terms before and after section 14 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms.

Binding arbitration and class action waiver If You live In (or If a business your principal place of business is in) the United States.

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Council under the Indian Arbitration & Conciliation Act 1996, and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes EduCommerce Technologies, myly (see section 10) and EduCommerce Technologies’ affiliates.

  • Disputes covered—everything except IP. The term "dispute" is as broad is it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your EduCommerce Technologies account, your myly account, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
  • Mail a notice of dispute first. f you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by registered post to EduCommerce Technologies Pvt. Ltd., ATTN: CEO, F-44, Nandpuri Extn, Swez Farm, Jaipur – 302 006 INDIA. Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
  • Arbitration Procedure. The Indian Arbitration Council will conduct any arbitration under its Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
  • Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section 15.a) within one year from when it first could be filed. Otherwise, it's permanently barred.
  • Rejecting future arbitration changes. You may reject any change we make to section 15 (except address changes) by sending us notice within 30 days of the change by Registered to the address in section 15.b. If you do, the most recent version of section 15 before the change you rejected will apply.
  • Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of section 15 is found to be illegal or unenforceable, that provision will be severed but the rest of section 15 still applies.
Miscellaneous.

This section, and sections 1, 9 (for amounts incurred before the end of these Terms), 10, 11, 12, 13, 15, and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and EduCommerce Technologies for your use of the Services. It supersedes any prior agreements between you and EduCommerce Technologies regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. Section 15(f) says what happens if parts of section 15 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 15(f) prevails over this section if inconsistent with it. Except for Section 15 (arbitration and class action waiver) these Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for EduCommerce Technologies’ successors and assigns.

Export laws.

You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use.

Unsolicited ideas.

EduCommerce Technologies does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Unsolicited Feedback"). If you send any Unsolicited Feedback to EduCommerce Technologies through the Services or otherwise, you acknowledge and agree that EduCommerce Technologies shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.