Revised: October 13, 2017
Terms & Conditions for Students or Users of our mobile applications(e.g. "Weekly")
Thanks for choosing Daily Bits Of (“Daily Bits Of”, “We”, “Us”, “Our”). By signing up or otherwise using Our service, websites, and software applications (“Service”), or accessing any content or material that is made available by Us through the Service (the “Content”) you are entering into a binding contract with Us indicated at the bottom of this document.
Our Services enable students ("Students") to connect with independent experts (the "Course Creators", collectively with Students, the "Users") who provide instruction, tutoring, and learning services (the "Courses", "audio clips") via Our Services. The Services include, without limitation, facilitating and hosting Courses, audio clips and supporting materials, and taking feedback from Users.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If You elect to access or use Our Services that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize Daily Bits Of to charge Your credit card on a regular basis to pay the fees as they are due.
If Your payment method fails or Your Account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with Us and/or retaining collection agencies and legal counsel. We may also block Your access to any Services pending resolution of any amounts due by You to Daily Bits Of.
All of Your use, access and other activities relating to the Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity.
2. Changes to the Agreement
From time to time, We may update these Terms to clarify our practices or to reflect new or different practices, such as when We add new features, and Daily Bits Of reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If We make any material change to these Terms, We will notify You using prominent means such as by email notice sent to the email address specified in Your Account or by posting a notice through Our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of Our Services after changes become effective shall mean that You accept those changes. You should visit the Services regularly to ensure You are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms.
3. General Disclaimer
The Services are only a marketplace for Instructors and Students. We do not hire or employ Course Creators nor are We responsible or liable for any interactions involved between the Instructors and the Students who purchase a Course Creators Course via the Services. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or Students, including, but not limited to, any Student's reliance upon any information provided by an Instructor.
We do not control Submitted Content (as defined below) posted on the Services and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Services, We may expose You to Submitted Content that You consider offensive, indecent, or objectionable. We has no responsibility to keep such content from You and no liability for Your access or use of any Submitted Content, to the extent permissible under applicable law.
The Services may give You access to links to third party platforms ("Third Party Platforms"), either directly or through Courses or Course Creators. Daily Bits Of does not endorse any of these Third Party Platforms and does not control them in any manner. Accordingly, Daily Bits Of does not assume any liability associated with Third Party Platforms. You need to take appropriate steps to determine whether accessing a Third Party Platform is appropriate, and to protect Your personal information and privacy on such Third Party Platform.
4. Specific Obligations of Students
We respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Daily Bits Of stays enjoyable for everyone.
The Service and the Content are the property of Daily Bits Of or Our Course Creators. We grant you a limited, non-exclusive, revocable licence to make use of the Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, learning use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or Daily Bits Of. You promise and agree that you are using the Content for your own personal, non-commercial, learning use and that you will not redistribute or transfer the Service or the Content.
The software applications and the Content are licensed, not sold, to you, and Daily Bits Of and its Course Creators retain ownership of all copies of the software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
You agree to abide by our User guidelines and not to use the Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, We grant no right, title, or interest to you in the Service or Content.
As a Student, You represent, warrant and covenant that:
Students understand and agree that Course Creators from whom Students may have purchased Course(s) may choose to terminate their Accounts with Daily Bits If and become inactive. We do not guarantee Course Creator availability to Students and shall not be held liable for any issues relating to Instructor availability.
To use certain Services, You will need to register and obtain an account and password. When You register, the information You provide to Us during the registration process will help Us in offering content, customer service, network management and other services. You are solely responsible for maintaining the confidentiality of Your account, UserName, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify Us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Services. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying Us of unauthorized access to Your Account.
You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the Account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such Student; (ii) controlling that Student's access to and use of the Services; and (iii) the consequences of any misuse.
6. Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where Daily Bits Of provides Content to You in connection with the Services, including, without limitation, the software, the products and the site, it is "Company Content". Content uploaded, transmitted or posted to the Services by a User is "Submitted Content". Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.S. and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Daily Bits Of with respect to Your Submitted Content and that Daily Bits Of shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
We hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Services. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Instructors may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.
Notwithstanding the foregoing, We reserve the right to revoke this license to access and use Submitted Content and Company Content granted to You as described above.
7. Pricing & Payment
All payments are made to Daily Bits Of AB (Swedish organization number: 556967-9581).
Pricing of Our Courses is determined by our membership fee. If You are a Student who wants access to our premium offering, You agree to pay the fee for premium Courses, and hereby authorize Us to charge Your credit card for such fees. If Your credit card is declined, You agree to pay Us the fees within thirty (30) days of notification from Us.
Paid Subscriptions (to get access to our premium offering) can be purchased either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.
When you register for a Paid Subscription, Trial, or Code online, you consent to get access to our premium offering immediately. If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days (the “Cooling-off Period”).
Cancellation will take effect the day after the last day of the current subscription period, you will still have access to our free courses.
If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact Customer Support.
Daily Bits Of may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes 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 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 Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
8. Taxes and VAT
Daily Bits Of will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students according to laws in the country the User is based in.
Daily Bits Of may at its own discretion increase the Sale Price where Daily Bits Of is of the view that VAT may be due and Daily Bits Of will have a liability to account for such. You will indemnify and hold Daily Bits Of harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon.
We are unable to provide You with tax advice and You should consult Your own tax advisor.
The trademarks, service marks, and logos (the "Trademarks") used and displayed through Our Services or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
10. Warranty Disclaimer
The services, company content, submitted content, courses, and any other materials made available on or through the use of the services are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Daily Bits Of and its affiliates, licensors, suppliers, advertisers, sponsors and agents, disclaim all warranties, express or implied, including without limitation, implied warranties of title, non- infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Daily bits of and its affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of the services will be uninterrupted, error-free or secure, that defects will be corrected, or that the services, the submissions, the server(s) on which the services are hosted, or any services available on any third party platform are free of viruses or other harmful components. No opinion, advice or statement of Daily Bits Of or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made through the use of the services, or on third party platforms or otherwise, shall create any warranty. Your use of the services, including without limitation any services provided on any third party platform, are entirely at your own risk.
11. Limitation of Liability
Daily Bits Of reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, any (a) Submitted Content, Company Content, Courses, or any Service; and (b) Your access to Our Services or Your Account, as follows:
If You breach or violate any of these Terms or any of Our applicable policies, as posted on Our Services from time to time, We may take action immediately without prior notice to You. If We take action pursuant to this section, We shall not have any liability to You for any Course(s) You may have purchased nor for any other use of Our Services associated with Your Account. For avoidance of any doubt, You understand and agree that You will not be compensated nor be eligible for any refund under any circumstances for any such access lost to Our Services, including without limitation to Course(s) You may have purchased;
We may also take action for any reason or no reason, in which case We will provide prior notice to You. If We take action pursuant to this section, (a) if You are a Student We will refund You for any access lost to Course(s) that You may have purchased during the three (3) months period prior to such termination, all in accordance with and subject to the terms of Our refund policy set forth herein; and (b) If You are an Instructor, any such termination will also terminate Your right to offer Your Course(s) through Our Services, and Daily Bits Of will pay all outstanding amounts owing to You up to termination date. Please note that Students who purchased your Course will retain access to the Course so long as Daily Bits Of deems necessary.
13. Electronic Notices
By using Our Services or communicating with Daily Bits Of, You agree that Daily Bits Of may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms. If Daily Bits Of learns of a security system's breach, Daily Bits Of may attempt to notify You electronically by posting a notice through the Services or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw Your consent from receiving electronic notice), please write to Daily Bits Of at [email protected] Notice will be deemed given twenty-four hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, Daily Bits Of may give You legal notice by mail to a postal address, if provided by You through Your use any of the Services. In such case, notice will be deemed given three days after the date of mailing.
14. Contact information
Daily Bits Of AB
111 29 Stockholm, Sweden
Organization number: 556967-9581
+46(0)707 51 45 45