Terms of Service

  1. Overview: Welcome to Apptuto! The Terms of Service (¨Terms¨) you are reading are a legally binding agreement between Apptuto, a business name having the following legal entities: Apptuto (Company Number 00289032) a company incorporated in the Cayman Islands, and Apptuto UK Ltd (Company number 9223028), a company incorporated in the United Kingdom, having its offices at 1-4 Argyll Street, London, W1F 7LD, UK. (¨Apptuto¨) and yourself (¨you¨). By accessing or using any of Apptuto's applications, services and/or websites (collectively, the ¨Service¨) you agree that you have read, understood, accept and agree to be bound by these Terms that govern your use of our Service. If you do not agree to these Terms, do not use the Service.

  2. Changes to Terms of Service. Apptuto may, from time to time, change these Terms of Service, including the Privacy Policy. Such revisions shall be effective immediately; provided however, for existing members, such revision shall, unless otherwise stated, be effective 30 days after posting.

  3. Privacy. Personally identifying information is subject to our Privacy Policy (www.apptuto.com/privacy-policy) the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

  4. Communication Preferences. By using the Apptuto Service, you consent to receiving electronic communications from Apptuto relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on Apptuto's Service and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Apptuto. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Apptuto features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply use the unsubscribe link located at the bottom of such emails. Please review our Privacy Policy (www.apptuto.com/privacy-policy) for further detail on our marketing communications.

  5. Subscription, Free Trials, Billing and Cancellation

    a. Subscription

    i. Ongoing Subscription. Your Apptuto Subscription, which may start with a free trial, will continue until the end of the set Subscription period unless and until you cancel your Subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, (¨Payment Method¨) to use the Apptuto service. We will bill the subscription fee to your Payment Method.

    ii. Differing Subscriptions. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Service will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.

    b. Free Trials. Your Apptuto subscription may start with a free trial. The free trial period of your subscription lasts for either the longer of 14 days or the set amount of free questions, or as otherwise specified during sign-up. Free trials are for new and certain former members only. Apptuto reserves the right, in its absolute discretion, to determine your free trial eligibility.

    c. Billing

    i. Payment Methods. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

    ii. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.

    iii. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscriptions. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period.

    iv. Cancellation. You may cancel your Apptuto subscription at any time, and you will continue to have access to the Apptuto service through the end of your subscription period. To cancel, please email us at learn@apptuto.com.

  6. Apptuto Service

    a. Our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13.

    b. The Apptuto Service is for your personal and non-commercial use only. During your Apptuto subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Apptuto service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.

    c. The Apptuto subscription is non-transferable and is to be used only by you. You will not share the username/user id and password (¨Login Credentials¨) with anyone, even if that person has his or her own Subscription. Such sharing of Login Credentials is a violation of this Agreement and will result in immediate suspension of your privileges to your Apptuto Subscription without refund.

    d. We continually update the Apptuto service. In addition, we continually test various aspects of our service, including our website, user interfaces and service levels. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

    e. Apptuto will provide you feedback about your performance on the tests conducted through the Service. The purpose of the Performance Analysis and Proficiency Badge features is to highlight areas of your strengths and weaknesses. You understand that the feedback is meant to assist you in your preparation for your specific exam and is in no way intended to act as a projection or a forecast of your actual exam score. The feedback is intended only as a diagnostic tool of your level of knowledge as you prepare for your specific exam.

    f. You agree to use the Apptuto service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Service) content and information contained on or obtained from or through the Apptuto service without express written permission from Apptuto. You also agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Apptuto service; insert any code or product or manipulate the content of the Apptuto service in any way; or, use any data mining, data gathering or extraction method.

    g. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Apptuto makes no representations or warranties about the quality of your experience on your display.

    h. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Service or (ii) engaged in illegal or improper use of the service.

  7. Passwords & Account Access
    a. The member who created the Apptuto account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Apptuto account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.b. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Apptuto website and not through a hyperlink in an email or any other electronic communication, even if it looks official.

  8. System Requirements. It is your responsibility to check that the computer and any devices you plan to use to access your Apptuto account is compatible with the minimum specification requirement for operating Apptuto Services.

  9. Disruption of online access/technical support. A number of factors may impact the quality of your communications and use of the Service, and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. Apptuto takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

  10. Disclaimers of Warranties and Limitations on Liability

    ALTHOUGH CARE HAS BEEN TAKEN TO ENSURE THE ACCURACY OF THE INFORMATION ON THE SITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION IN CONNECTION WITH THE PRODUCTS AND SERVICES PROVIDED BY APPTUTO, APPTUTO ASSUMES NO RESPONSIBILITY. THEREFORE, YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE,I NCLUDING ALL CONTENTS, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE, IS PROVIDED ¨AS IS¨ AND ¨AS AVAILABLE¨. TO THE FULLEST EXTENT PERMITTED BY LAW, WITH REGARD TO THE CONTENTS ON THE SITE, APPTUTO HERE BY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; NOR (2) THAT THE SITE OR THE SERVERS WHICH MAKE THE SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY APPTUTO ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.IN NO EVENT, INCLUDING BUT NOT LIMITED TO APPTUTOS NEGLIGENCE, SHALL APPTUTO OR ANY OF ITS SUBSIDIARIES OR AFFILIATES OR RELATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR DATA) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENT OR THE FUNCTIONS OF THE SITE, EVEN IF APPTUTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Although information on this Site has been carefully checked for accuracy, no guarantee is given to the completeness and correctness of the Contents, including but not limited to the product specifications, functions, and prices. The product introduction, prices or other marketing and promotional information does not constitute an offer for purchase. You shall contact Apptuto for the up-to-date information on Apptuto products and services.

    Apptuto's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Apptuto may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

  11. Promotions. Promotional codes may be redeemed on our website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including a free trial. If you received a promotion code through an offer by a third party, additional restrictions may apply.

  12. Intellectual Property. The Apptuto service, including all content provided on the Apptuto service is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.

  13. Governing Law and Jurisdiction

    a. These Terms shall be governed by, and construed in accordance with, English Law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

    b. For the exclusive benefit of Apptuto, Apptuto shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

    c. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

  14. Use of Information Submitted. Apptuto welcomes feedback, but note that we may use comments or suggestions without any obligation to you. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Apptuto regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

  15. Entire Agreement. These Terms constitute the entire agreement between you and Apptuto with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

  16. Customer Support. If you need assistance with your account, click on the ¨Help¨ button on the left hand side navigation bar of our website at any time. There you will find the answers to many frequently asked questions. If however you need further assistance please contact Apptuto through the contact section located by clicking the ¨Contact¨ button on the left hand side navigation bar of our website at any time.

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Apptuto Inc.
814 Mission St
San Francisco, CA 94103
United States of America

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