Terms of Service
Last modified: AUGUST 22nd, 2024
About these Terms
These terms and conditions of use, together with other documents we refer to, (“Terms”) set out how you may use our knowledge sharing platform available at https://grasp.study/ (“Platform”) and governs our relationship with you as a user of our Platform. These Terms apply between Grasp Technologies Limited (company number 13892273), with registered office is at 3rd Floor 1 Ashley Road, Altrincham, Cheshire, United Kingdom, WA14 2DT (“we”, “us” or “our”) and you, the person accessing or using our Platform (“you” or “your”).
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS IF YOU ARE A RESIDENT OF THE UNITED STATES. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Although we have tried our best not to include legalese in these Terms, there are places where they may still read like a traditional contract. This is because these Terms form a legally binding contract between you and us, so you should read these Terms carefully before using our Platform. In order to use our Platform, you must accept these Terms and our Privacy Policy (as may be updated from time to time). If you do not agree with any of these Terms, you should stop using our Platform immediately. These Terms apply to any parts of our Platform, its functionality and content.
If you order any goods, services or digital content from our Platform or if you buy a subscription or membership to access restricted parts of our Platform, separate terms and conditions will apply which will be notified to you accordingly.
About our Platform
The goal of our Platform is to allow our users to share knowledge and educational resource recommendations, so as to learn more efficiently. The following are an explanation of some of the capitalised terms we use in these Terms:
“Knowledge Elements” are pieces of knowledge with a short title and description, such as concepts and skills.
“Knowledge Element Relationships” represent the dependencies between Knowledge Elements.
“Resources” which are links to external websites associated with some Knowledge Elements.
“Knowledge Maps” are made up of Knowledge Elements, Knowledge Elements Relationships and Resources.
“Platform Content” is all text, images, video, audio or other content, information or data made available on our Platform, including Knowledge Maps and Contributions.
“Contributions” are any Platform Content that is uploaded by a user of our Platform.
A “Contributor” refers to a user that uploads a Contribution and a “Learner” is a user that accesses our Platform to read the Platform Content available. References to “users” in these Terms means Learners and Contributors.
Using of our Platform
Part of our Platform can be accessed without the need to register for an account. However, if you want to have unlimited access to our Platform or upload a Contribution you will need to create a user account as described in Section 3.2.
You can create an account via our Platform or, if our Platform has the functionality, through your account with certain third-party social networking services such as Facebook, Twitter, Google (each, an “SNS Account”). If you choose the SNS Account option we will create your account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of accessing the Platform via SNS Account and our use, storage and disclosure of information related to you and your use of such services, please see our Privacy Policy. However, please remember that the manner in which social networking services use, store and disclose your information is governed solely by the policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Platform. In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social networking services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social networking services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You are responsible for making sure that your password and any other account details are kept secure and confidential. You must maintain the security of your account and immediately notify us, on the contact details noted in these Terms, if you discover or suspect that someone has accessed your account without your permission. You agree to not licence, sell or transfer your account without our prior written approval. If we have reason to believe there is likely to be a breach of security or misuse of our Platform through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
You must be at least 18 years of age to access our Platform, or have your parent or legal guardian review and accept these Terms for you prior to your access.
We have the right to disable or suspend your account at any time if, in our reasonable opinion, you, or anyone acting on your behalf, fails to comply with these Terms.
You agree not to create any account if we have previously removed or banned you or your account from our Platform, unless we agree otherwise in writing.
Rights we grant you
Our Platform is for your personal and non-commercial use only. We, or our licensors, own our Platform and any modifications and improvements we make to our Platform (including Platform Content (but excluding your Contributions, see Section 5.1 below), information, material, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music and “look and feel” of our Platform and all related intellectual property rights).
Provided you comply with these Terms and applicable laws, we grant you the revocable right to use our Platform (including any Platform Content) solely for using and enjoying our Platform to (i) display Platform Content on your device or computer; (ii) make limited or insubstantial extracts of Platform Content, in each case in connection with your personal, non-commercial, educational purposes and supporting the education of others, provided you respect the confidentiality, authorship and data privacy rights of others. You may not use our Platform in ways that are not permitted by these Terms, nor may you help anyone else in doing so.
Contributors’ Licence
Parts of our Platform allow you to create, post and upload Contributions. When you do that, you retain whatever ownership rights to your Contributions you had to begin with. But, you grant us a perpetual, irrevocable, worldwide, royalty-free, sub-licensable and transferable licence to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyse, transmit, and distribute your Contributions (the “Licence”).
The Licence is for all purposes we deem appropriate (in any format, media or technology now known or later developed), in our sole discretion, for operating, developing, providing, supporting, promoting and improving our Platform, including providing our Platform (including Platform Content) to other users (for example, allowing other users to use your Contributions as permitted under Section 4.2), and performing our other obligations, or exercise our rights, under these Terms.
The Licence includes a right for us to make your Contributions available to, and pass these rights along to, our partners and service providers with whom we have contractual relationships related to the provision of our Platform.
While we are not required to do so, we reserve the right to access, review, screen, and delete any of your Contributions: (a) which we think violates these Terms or our policies, or (b) if necessary to comply with our legal obligations. However, you agree that you are solely responsible for your Contributions and all costs and expenses you may incur in relation to your use of our Platform.
We may also access or disclose information about you or your use of our Platform: (a) if we are required to do so by law; (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights or personal safety of us, users, or the public, this includes a right for us to disclose your identity to any third party claiming that your Contributions violates rights.
You may revoke the Licence at any time deleting your account. However, copies of your Contributions will continue to be displayed on our Platform in accordance with the terms of the Licence and will be retained by us as part of our routine backups, or as otherwise permitted or required by applicable law.
If you provide any feedback or suggestions to us about our Platform, subject to compliance with data protection laws, we can use these in any way without compensating you and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such feedback or suggestions.
By making any Contribution to our Platform, you warrant that you own the Contribution, or that you have received all necessary permissions and authorisations in order to submit it to our Platform (including compliance with applicable laws and data protection laws) and grant the rights and licences contained in these Terms.
You agree, to the extent permitted by law, to indemnify, defend and hold us and our personnel harmless from and against all complaints, charges, claims, losses, liabilities, damages and expenses (including reasonable legal fees) arising from any third party claim regarding, or relating in any way to your Contribution, including it any alleged infringement of intellectual property rights related to your Contribution.
Platform Content
Much of the Platform Content is produced by Contributors and other third parties, and is the sole responsibility of the relevant Contributor that submitted it. Although, we reserve the right to review or remove any Platform Content, we do not necessarily review, verify the accuracy of, or vet all of it. So we cannot, and do not, guarantee that Contributors or the Platform Content will comply with our Terms. To the extent legally permitted, we take no responsibility, nor do we necessarily endorse, any Platform Content.
Our Platform contains hyperlinks or references to third party websites and may contain hyperlinks or references to third party advertising. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites or third party advertising and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party websites or third party advertising does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
Acceptable use of our Platform
You must use our Platform (including when you upload any Contribution) in accordance with these Terms, applicable law, our policies, guidelines and other instructions we provide from time to time. This means, among other things, you may not do, attempt to do, enable or encourage anyone else to do, any of the following:
use our Platform, including any Platform Content (save for any Contribution you make), except as expressly allowed in these Terms;
sell, resell, rent, distribute, republish, lease, license, loan, assign (whether directly or indirectly, by operation of law or otherwise) or otherwise transfer, or encumber rights to our Platform, or any part thereof, or translate, merge, copy, reproduce, adapt, reverse engineer, decompile, disassemble, transmit, scan, publish on a network or store in any retrieval system of our Platform, or any part thereof;
use any Platform Content as a source for any kind of marketing or promotion activity or for the purposes of compiling, confirming or amending your own database, directory or mailing list;
download, make a copy of, or otherwise permanently retain any Platform Content in any form, including in any file or on any hard drive, server, or other form of memory, or in any printed form;
misuse or attack our Platform by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack);
attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform;
reverse engineer, duplicate, decompile, disassemble, or decode our Platform (including any underlying idea or algorithm), or otherwise extract the source code of the software of our Platform;
use any robot, spider, crawler, scraper or other automated means or interface to access our Platform or extract other users’ information;
simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
use our Platform in any manner that disrupts the operation of our Platform or our business;
use our Platform in any manner that harms minors or in connection with any unlawful activity;
represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
upload misleading, inaccurate, incorrect, offensive, illegal, or malicious content on to our Platform; or
attempt to circumvent password or user authentication methods.
We may prevent or suspend your access to our Platform if you do not comply with these Terms or any applicable law. You will provide us with all necessary cooperation and access to information as may be required by us in order to evidence your compliance with these Terms.
We will use reasonable efforts to: (a) block users, including deleting user accounts, that use our Platform in an inappropriate manner or in breach of these Terms; and (b) identify and remove (in accordance with Section 8) any Platform Content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of this Section 7 when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
Protecting third party rights
We respect the rights of other users, and so should you. You therefore may not use our Platform, or enable anyone else to use our Platform, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights. If you believe that any Platform Content is inappropriate, defamatory or infringing on intellectual property rights, you should notify us of your infringement claim in accordance with this Section 8.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act; the Digital Services Act and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to us at copyright@grasp.study (Subject line: “Takedown Request”). You may also contact us by mail at Grasp Technologies Limited, c/o Makerversity, Somerset House, London, WC2R 1LA, United Kingdom. To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
If we remove your Contribution in accordance with this Section 8 and you believe that it is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Contribution, you may send us a written counter-notice containing the following information:
your physical or electronic signature;
identification of the Contribution that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notice is received, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Our warranties and disclaimer
We try to make our Platform available and as accessible as possible for your use, but we do not promise that our Platform will be available at all times or that your use of our Platform will be uninterrupted. If you choose to access our Platform from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply. If you have any difficulties using our Platform, please contact us using the contact details at the bottom of these Terms.
We try to make sure that our Platform is secure, accurate, up-to-date, free from bugs and not
commercially sensitive or valuable, but we cannot promise that it will be. Furthermore, our Platform is provided “as is” and “as available” and we expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, that our Platform will be fit or suitable for any purpose, title, and non-infringement. Any reliance that you may place on the information on our Platform is at your own risk.Any Platform Content is provided for your general information purposes only does not constitute technical, financial or legal advice or any other type of advice. You should always use your own independent judgment when using our Platform and Platform Content. You are solely responsibility for outcome you receive from your use of our Platform (for example, the services provided or received, the users you interact with and/or engage), and any assumptions, decisions or conclusions in connection with such use. To the extent permitted by law, we and our third party licensors shall not be liable for any errors or omissions or any loss, damage or expense incurred by reliance on any Platform Content.
Limitation of liability
We will be liable to you for any loss or damage caused by us that is foreseeable, up to the maximum of £10 for all claims, such as our failure to comply with these Terms. Foreseeable losses include anything that is obvious or we would expect to happen. However, we and our personnel will not be liable for any unforeseeable losses or damages, such as your inability to use our Platform or any unauthorised access, use or alteration of your Contribution.
Nothing in these Terms excludes or limits our liability if it is unlawful to do so. This includes (a) liability for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; (c) for anything else that cannot be limited or excluded by law; or (d) responsibility we may have to remove content if so required by the law of the country where you live.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties, or the limitation or exclusion of liability for unforeseeable losses or damages. Accordingly, some of the limitations set forth above may not apply to you or be enforceable with respect to you. If you are a user from the state of New Jersey (USA), the sections titled “Our warranties and disclaimer” and “Limitation of Liability” are intended to be only as broad as is permitted under the laws of the state of New Jersey. If any portion of these sections is held to be invalid under the laws of the state of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable section. If you are dissatisfied any portion of the Platform or with these Terms, your sole and exclusive remedy is to discontinue your use of the Platform.
Changes to our Platform and these Terms
We are continuously trying to improve our Platform. That means we may add or remove features, products or functionalities, and we may also suspend or stop access to our Platform altogether. We may take any of these actions at any time and, when we do, we will try to notify you beforehand, but this may not always be possible.
We may also amend or update these Terms from time to time. Again, we will try to notify you before any material changes and will update the “Last modified” date at the top of these Terms. Your continued use of our Platform after any changes will confirm your acceptance of these Terms, as amended.
Termination
You can terminate these Terms at any time and for any reason by ceasing to use our Platform and, if applicable, deleting your account, however, any Contribution you have submitted to our Platform will be kept by us in accordance with Section 5.6.
We may terminate or temporarily suspend your access to our Platform if you, or anyone acting on your behalf, fail to comply with these Terms or the law, for any reason outside of our control, or for any other reason, and without advanced notice. That means that we may terminate these Terms, stop providing you with access to all or any part of our Platform, or impose new or additional limits on your ability to use our Platform. Although we will try to give you reasonable notice beforehand, we cannot guarantee that notice will be possible in all circumstances.
Regardless of who terminates these Terms, both you and we will continue to be bound by Sections 5 (Contributors’ Licence); 8 (Our warranties and disclaimer); 9.3 (Limitation of Liability); 12 (Termination); 14 (Governing law and venue) and 17 (General terms) of these Terms.
Privacy
Your privacy matters to us. You can learn how your personal data are handled when you use our Platform by reading our Privacy Policy.
Governing law and venue
The laws of England govern the relationship between you and us, these Terms and/or your use of our Platform, and any claims and disputes (including any non-contractual claims or disputes) arising out of or relating to the same. You can bring legal proceedings in relation to any access to or use of our Platform or these Terms, in the English courts or your local courts, if you reside outside England and Wales.
Dispute Resolution
IF YOU ARE A RESIDENT OF THE UNITED STATES, PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
This Dispute Resolution by Binding Arbitration section is referred to these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to these Terms (including any alleged breach thereof), the Platform, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by agreeing to these Terms, you are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE BOTH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
We are always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to your satisfaction by emailing customer support at support@grasp.study. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (“Notice”). The Notice to us should be sent to Grasp Technologies Limited, c/o Makerversity, Somerset House, London, WC2R 1LA, United Kingdom (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If we do not resolve the claim within sixty (60) calendar days after the Notice is received, either side may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either side shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Notwithstanding any provision in these Terms to the contrary, we agree that if we makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Platform, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Platform and that we will have no liability or responsibility with respect 8 thereto. We reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform.
General terms
We will not be liable for any breach of these Terms caused by events, circumstances or causes beyond our reasonable control. If any provision of these Terms is found unenforceable, that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. These Terms (including the terms they refer to) make up the entire agreement between you and us regarding our Platform, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve the right to transfer our rights under these Terms and provide our Platform using another entity, provided that entity upholds these Terms. You may not transfer any of your rights or obligations under these Terms without our consent. We reserve all rights not expressly granted to you. Any words following “including”, “include”, “for example” or similar expression shall be illustrative only.
Contact us
Please send any comments, questions, concerns, suggestions or other notices to us at support@grasp.study.
We may notify you by email, postal mail, postings within our Platform, or other legally accepted means.