First of all, great to have you here! However, there are some rules you need to agree to before you use this application and services (“Services”). When we use the word “Services,” we mean the TuduBuddy website and all mobile/desktop applications and functionalities within it, available through https://www.tudubuddy.com but also under sub domains and other domains of our clients, sometimes under an alternative name given by the client. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact TuduBuddy Ltd.
These Terms of Service (the “Terms”) are a binding contract between you and the owner/provider of TuduBuddy, TuduBuddy Ltd (henceforth called “TuduBuddy,”, or “we” or “us”). You must agree and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms of Service (the “Terms”) are a binding contract between you and the owner/provider of TuduBuddy, TuduBuddy Ltd (henceforth called “TuduBuddy,”, or “we” or “us”). You must agree and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.
If you don’t like the new Terms, you are free to reject them - unfortunately, that means you won’t be able to use the Services anymore. If you use the Services in any way after a change to the Terms is effective, then please remember that means you agree to all of the Terms.
Except for changes by TuduBuddy as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and TuduBuddy.
TuduBuddy provides an online assessment services which helps students to hone their skills and improve their performance in studies. TuduBuddy Services are available for free or as a paid service in accordance with the following.
The TuduBuddy Services that may be accessed subject to payment are currently referred to as “Paid Subscriptions”. You can learn more about Paid Subscriptions and the different service plans that we offer you to sign up for by visiting https://www.tudubuddy.com/pricing (the “Service Plans”). You agree to abide by the terms and restrictions applicable to the Service Plan that you have signed up for.
We reserve the right to change or withdraw features, specifications, services and content of a Service Plan at any time, without notice to you. Please note that the content and features of a Service Plan may vary based on when you signed up.
If you have signed up for our free Service, a limited version of our TuduBuddy Services is provided to you free-of-charge, for as long as you use the Services for non-commercial purposes only, in accordance with the limitations of use set out in these Terms. The Service Plan that does not require payment is currently referred to as the “TuduBuddy Basic”. YOU MAY NOT USE TUDUBUDDY BASIC FOR COMMERCIAL PURPOSES. HENCE, IF YOU INTEND TO USE TUDUBUDDY SERVICES FOR PROFESSIONAL PURPOSES, INCLUDING BUT NOT LIMITED TO IN CONJUNCTION WITH OR AS PART OF A PAID SERVICE OR PRODUCT, FOR THE PURPOSE OF MARKETING YOUR OWN OR SOMEONE ELSE’S PRODUCTS OR SERVICES, YOU MUST SIGN UP FOR A PAID SUBSCRIPTION OR ENTER INTO A SEPARATE AGREEMENT WITH TUDUBUDDY.
TuduBuddy offers various Service Plans for use of the TuduBuddy Services in schools, universities, and non-profit organizations. Some Service Plans require payment before you can access them and certain areas of use are only permitted if you have signed up for a Paid Subscription or entered into a separate agreement with TuduBuddy. If you have signed up for Paid Subscriptions, you may get access to features that are not available through TuduBuddy Basic and you may use the Services for commercial purposes, only if and to the extent such commercial use is permitted under the selected Service Plan. You can learn more about Paid Subscriptions and the different Service Plans by visiting https://www.tudubuddy.com/pricing.
We may, at our own sole discretion, offer trials of Paid Subscriptions for a specified period without payment or at a discounted rate (a “Trial”). We reserve the right to revoke the Trial and put your account on hold in the event that we determine that you are not eligible.
For some Trials, we’ll require you to provide your payment details to start the Trial. We will charge you on a recurring basis for the selected subscription fee at the end of the Trial using the payment details you have provided us, unless you cancel your subscription prior to the end of the Trial.
You have provided your payment details in conjunction with the Trial and you accept that we charge you using such payment details. If you do not want this charge, you must cancel your Paid Subscriptions through your TuduBuddy account’s settings or terminate your TuduBuddy account before the end of the Trial. If you do not want to continue to be charged on a recurring monthly or annual basis (as the case may be, depending on your Service Plan), you must cancel the applicable paid subscription through your TuduBuddy account’s subscription page or terminate your TuduBuddy account before the end of the recurring period. Paid Subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, TuduBuddy will not refund any fees that you have already paid.
If you have signed up for TuduBuddy Basic or if you cancel your Paid Subscription during the Trial, TuduBuddy will never charge you any fees for your use of the TuduBuddy Service.
Paid Subscriptions can be purchased directly from TuduBuddy on our website, or through a separate agreement with TuduBuddy.
If you have signed up for a Paid Subscription for an annual subscription fee, you will be charged for the full year’s subscription fee in advance upon expiry of any Trial. The Paid Subscription and the payment to TuduBuddy will automatically renew at the end of the yearly subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current yearly subscription period.
If you cancel your Paid Subscription, the cancellation will take effect on the day after the last day of the current subscription period, after which you will be downgraded to TuduBuddy Basic. We will not refund any subscription fees already paid to us.
TuduBuddy may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the TuduBuddy Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect, in which case you will be downgraded to TuduBuddy Basic.
Prices listed may not include sales or value added tax and applicable tax may be calculated and added at the time you complete a transaction and, depending on where you have purchased your Paid Subscription, such tax may not be visible to you until you receive a receipt for your purchase. In certain jurisdictions, local laws require that prices include all applicable taxes, in which case this will be indicated at the time of the transaction.
You need to use a current TuduBuddy account or create a new TuduBuddy account in order to use the Services. You may use the Services only if you can form a binding contract with TuduBuddy, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
There are two account types available at TuduBuddy. Both account types are tied to a single user account with the same email address. Kids login is always associated with parents login.
You are required to provide certain information (e.g., your contact details, your children profile information, grades, etc) as part of the registration process to access the Services, or as part of your continued use of the Services.
You agree that any registration information you give to TuduBuddy will always be accurate and up to date, and you agree to promptly notify Slanglabs of any changes in your account information.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your organization), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.
You promise to only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. TuduBuddy can’t and won’t be responsible for you using the Services in a way that breaks the law.
The materials displayed or performed on the Services (including, but not limited to, text, graphics, articles, photos, images, illustrations, User Submissions (defined below), and so forth) (the “Content”) are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including TuduBuddy’s) rights. For example, if someone shares a really creative idea with you on TuduBuddy, that doesn’t mean you can print it out and start distributing it to other people - unless the owner specifically told you in writing that you could.
You understand that TuduBuddy owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply.
Finally, you understand and agree that TuduBuddy, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media.
Any information or context publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such context originated, and you access all such information and context at your own risk, and we aren’t liable for any errors or omissions in that information or context or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information you may find offensive or inappropriate; we can’t control that, but please let us know if it happens and we’ll try to remedy the situation.
We also can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. But that doesn’t mean we don’t take security seriously.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services. Given the nature of TuduBuddy, it is not advised to post student grades or student appreciation on TuduBuddy. We also strongly advise not to share privacy-sensitive information such as healthcare information or information of a very personal nature.
TuduBuddy is a dynamic application, so the Services will change over time. We may change, suspend, or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), or without any reason, and without notice.
TuduBuddy is also free to terminate (or suspend access to) your use of the Services or your account, for any reason, including your breach of these Terms. TuduBuddy has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important documents you may have stored in your account (to the extent allowed by law and these Terms), but TuduBuddy may not do so if it determines it would be impractical, illegal, or would not be in the interest of someone’s safety or security to do so.
If you have deleted your account by mistake, contact us immediately at firstname.lastname@example.org - we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
TuduBuddy does not make any representations or warranties concerning any context contained in or accessing through the Services, and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. TuduBuddy make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from TuduBuddy or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL TUDUBUDDY BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO TUDUBUDDY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
You agree to indemnify and hold TuduBuddy, its affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without TuduBuddy’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
The Services are controlled by TuduBuddy from our offices located in Worcester Park, England. They can be accessed by most countries around the world. As each country has laws that may differ from those of the United Kingdom, by accessing our Services, you agree that the laws of England and Wales, without regard to the conflict of laws.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Worcester Park, England, in English, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and TuduBuddy agree that these Terms are the complete and exclusive statement of the mutual understanding between you and TuduBuddy, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind TuduBuddy in any respect whatsoever. You and TuduBuddy agree there are no third party beneficiaries intended under this Agreement.
Legal Counsel’s Office
10, Covey Road
Worcester Park KT4 8RA