STANDARD TERMS OF SERVICE
Definitions
The Standard Terms of Service (“Terms”) refers to the terms in this document.
“You” or “Your” means you as a Customer, Free User, Guest User, and/or Customer’s User.
“Product” means a product or software service provided by eSplice Ltd under the LearnCube brand.
The “Online Whiteboard” means the software developed by LearnCube which includes features that allow users to annotate, type text and embed multimedia on a web-based whiteboard.
The “Virtual Classroom” means the software developed by LearnCube which includes features that enable video-conferencing, text chat, and the Online Whiteboard.
The “Online School” means the software developed by LearnCube which includes features that enable scheduling, reporting, and user management.
The “AI Teacher Assistant” means the software developed by LearnCube which includes features that generates LearnCube-Generated Content using a third-party service including OpenAI’s ChatGPT.
“Add-on” means a feature that is not included in the standard Product.
The “API” means the application programming interface that allows the Online Whiteboard, Virtual Classroom or Online School to communicate with other software applications.
“Plan” means a structured agreement between a Customer and LearnCube that describes the features, usage limits, and terms that govern the Customer's regular access to or delivery of the Product or Add-on.
The “Customer” means the individual, corporation, business entity, non-profit organization, institution, or any other legally recognised entity that remits payment for the right to use the Products or is a Free User.
“Free User” means the individual that signs up for the Virtual Classroom through the LearnCube website and is not paying for an appropriate Plan.
“Customer’s Users” mean the individual(s) who are provided access to the Products through the Customer’s account, whether intentionally or unintentionally. This includes but is not limited to the account owners, teachers, administrators, staff members, students, or any other individual who uses the Products via the Customer's account.
“Guest User” means the individual that accesses the Virtual Classroom who is not a Customer, Customer’s User or Free User.
“Content” means messages, multimedia or communications that users upload to LearnCube Content Library, add to the text chat feature inside the Virtual Classroom or the internal messaging system as part of the Online School.
“Pedagogical Content” means language teaching content licensed to LearnCube, offered by LearnCube, and uploaded directly by LearnCube.
“LearnCube-Generated Content” means information including text, images that are created, generated or compiled using a LearnCube tool or Product.
“Teacher Assistant Request” means a user interacts with the AI Teacher Assistant in such a way that triggers it to generate LearnCube-Generated Content, even if that content is not saved or used.
"Written Notice” is deemed to have been given when sent via email to the emails listed below or as may otherwise be specified by either Party.
“Days” are considered calendar days.
"Active teacher" means a teacher account associated with a specific individual person who uses our virtual classroom to teach at least 1 class within a calendar month.
"Private class" means when two participants connect through the virtual classroom.
"Private class hour" means when a Private class has a duration of 60 minutes.
"Small group class" means when more than two, and less than nine participants connect through the virtual classroom.
"Small group class hour” means when a Small group class has a duration of 60 minutes.
“Subscriber hour” means when a session on our Whiteboard has a duration of 60 minutes.
“Data" is understood as personal data of the User, Customer and the Customer’s end-users.
1 Who we are and what we do – these are our Terms
1.1 Welcome! LearnCube is a virtual classroom software provided by eSplice Ltd trading as LearnCube (“we”, “us”) at https://www.learncube.com/ to help schools and teachers teach more students online and grow their business.
We offer our Products through our website, web and mobile applications.
“You” or “Your” in these Terms refers to you as a Customer, Free User, Guest User, and/or Customer’s User.
If you are under 18, you may use the Products only with the permission of a parent or guardian. Parents are also considered users if they utilise the Products on behalf of their child(ren).
1.2 By using or accessing the Products, you agree to be bound by the Terms. These Terms are important and legally binding so please read them carefully. If you do not agree with them, you should not use our website or the Products.
1.3 The Virtual Classroom provides for the use of third-party services such as YouTube videos and OpenAI products including ChatGPT. Find YouTube’s latest Terms here and OpenAI’s latest Terms here .
1.4 We reserve the right to update and change the Terms and add new features to LearnCube from time to time without notice. If you continue to use LearnCube after any changes, you will be taken to have agreed to changes in Terms.
1.5 We may cancel or suspend your account at any time if we consider (in our absolute discretion) that you have breached these Terms.
1.6 Our Privacy Policy applies to the handling, storage, and use of any personal information you submit to us and forms part of these Terms. We do not knowingly collect, either online or offline, personal information from users under the age of thirteen. You should read our Privacy Policy carefully: https://www.learncube.com/privacy-policy.html
2 These are your responsibilities
2.1 You are responsible for all activity that results from your use of LearnCube. You agree to use LearnCube and interact with other users of LearnCube in good faith.
2.2 You will need to provide certain information in order to complete the signup process to obtain a Customer, Free User, or Guest User account. You agree to provide true, accurate and current information about yourself as prompted by LearnCube and to notify us of any changes.
2.3 By creating an account, you agree that you cannot transfer, sell, lease or trade your account without our prior written consent for us.
2.4 You are responsible for any Content you create through, upload to, or is found saved on your LearnCube account. We reserve the right to remove any Content which we consider (in our absolute discretion) breaches these Terms. However, we are under no obligation to do so.
2.5 We will take reasonable precautions to keep your account secure and protect it from unauthorised access. You agree to keep your account details and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation.
2.6 Certain content, products and services available via the Product may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the Content or accuracy, and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third party products should be directed to the third-party.
2.7 If you use LearnCube’s Video Recording feature, you agree to the storage and distribution of such Video Recordings. Furthermore, you agree to assume full responsibility for obtaining the necessary permissions or consents from individuals who may be intentionally or unintentionally recorded in these Video Recordings. You affirm that failure to obtain such permissions or consents may infringe upon privacy rights and could result in you being held legally liable.
2.8 If you use LearnCube’s Homework and or Post-Class Review features, you acknowledge and agree to the storage of, access to, and distribution of associated information, including class chat, files, and annotations.
2.9 You agree to fully indemnify us, and keep us indemnified, against all forms of liability, actions, proceedings, demands, costs, charges and expenses which we may incur, be subject to or suffer as a result of your use of LearnCube.
3 Prohibited uses
3.1 You may not use, or assist anyone to use, LearnCube:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any national, international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
4 Users, subscriptions and fees.
4.1 If you are carrying out a free trial of LearnCube, the free trial will begin on the day your account is opened and may be terminated 14 days later. After the trial period, certain features, or access to the Products, may be restricted unless you upgrade to a paid Plan.
4.2 As a Customer, you may be subject to a monthly subscription fee based on the Plan you select. The specifics of the Plan and its corresponding price can be found on our LearnCube pricing page (“https://www.learncube.com/pricing.html”). If your selected Plan is not detailed on the pricing page, the terms and price of your Plan will be based on the most recent quotation sent to you via email from a member of our team. You Plan and use of any Product is subject to clause 5 below (Fair Use).
4.3 Subscription fees are charged in advance on a monthly or annual basis and are non-refundable. A valid credit card number is required to set up and maintain an account. Your LearnCube subscription will automatically renew at the start of each subscription period, and we will charge the credit card you have provided on each renewal date. The amount we charge you may fluctuate depending on the relevant use you have associated with your account and corresponding with the pricing plans found on our website or, if not found on our website, based on the last quote emailed to you.
4.4 If you are a Customer of our Online School on a monthly subscription, should your usage of our Products exceed the limits of the Plan you have subscribed to within a subscription period, we will automatically upgrade your account to the relevant usage tier and Plan. The difference in cost between your current and upgraded subscription tier will be automatically charged to your credit card within 90 days.
4.5 If you are a Customer of our Online School on an annual subscription and, during a given month, the use on your account exceeds the limits of the Plan you have subscribed to, we may either automatically charge your credit card, or send a top-up invoice, for the use, that exceeds the limits of your annual subscription. The rate will be based on the quote last communicated via email.
4.6 For new Online School Customers, we charge a setup fee which covers account configuration, branding, training and onboarding. The setup fee is backed by a 30-day money-back guarantee. Customers are eligible for a full refund if they choose to discontinue using our Online School and submit their refund request within 30 days of receiving their login details via email.
4.7 You are responsible for paying all fees and applicable taxes associated with the LearnCube in a timely manner with a valid payment method that is accepted by us.
4.8 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
4.9 We reserve the right to refuse the Product to anyone for any reason at any time, including for a breach of clause 5 below (Fair Use).
4.10 We reserve the right, but are not obligated, to limit the sales of our Products, Add-ons or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
4.11 We use a third party payment services provider, Stripe, to process payments. Your credit card information will be held securely and used in accordance with their current relevant privacy policies.
4.12 If your payment method fails or your account is overdue, then we may claim against you using collection agencies and legal counsel. We may also suspend your account, or your access, to the Product until you have paid the full amount.
4.13 We reserve the right to change the price, features and limits of the Plans, Products and services we offer.
4.14 If we change our prices or limits, we will give you 30 days’ notice via email to the email address you provided to us when registering your account or by posting the new prices or limits on our website.
4.15 Unless otherwise stated, all fees are quoted in U.S. Dollars.
4.16 All prices listed on our platform are exclusive of Value Added Tax (VAT). VAT may be applicable based on your country and may need to be added to the final amount due.
5 Fair Use
5.1 Our Virtual Classroom and Online School software solutions are subject to our fair use policy.
5.2 To maintain fair usage and integrity of our services, if LearnCube detects that you or the organisation you represent are repeatedly registering for multiple free trials of our Virtual Classroom in an attempt to avoid upgrading to a paid Plan, we reserve the right to suspend, cancel, or terminate all associated accounts.
5.3 For Free Users during a 14-day free trial and Customers who have paid for the Virtual Classroom Pro or Pro ESL plans, our fair use policy requires that during a given calendar month:
(a) Only one individual teacher uses each account (an account may not be shared);
(b) Each teacher or account holder to deliver a maximum of 100 hours of group classes or 200 hours of 1:1 private tutoring classes each month;
(c) The total number of files saved in the Content Library will not exceed the maximum number outlined by the plan purchased or a maximum of 100 gigabytes or 50 hours of video.
5.4 For Customers of our Online School, Virtual Classroom API or Online Whiteboard API Products, our fair use policy requires that during a given calendar month:
(a) The total number of Private classes, Group classes, Private class hours, Group class hours, Active teachers or Subscriber hours, delivered through the Virtual Classroom or Online Whiteboard must not exceed that number outlined by the relevant Plan within;
(b) The total number of students in each class will not exceed the maximum number outlined by the relevant Plan.
(c) The total amount of data saved to your account, including all data saved by teachers and Content associated with your account, will not exceed 1 terabyte (TB) for every $1000 in subscription value paid to LearnCube. This means a subscription value of less than $1000 entitles you to 1TB of storage, and for each additional $1000 in subscription value, an extra 1TB of storage will be available free of additional charge.
d) If the Customer is using a free trial of the AI Teacher Assistant, the total number of Teacher Assistant Requests per month will not exceed 500 unless LearnCube provides Written Notice to approve and extend this limit.
5.5 For Customers of our Online School, the expected duration of both Private and Group classes is 60 minutes or less. If your average class duration is 35 minutes or less, you may be eligible for price discounts on our standard rates. However, if your average class duration exceeds 70 minutes, a surcharge will be applied proportionate to the average duration above 70 minutes.
For example, if a Customer during a given month delivers 50 classes of 30 minutes and 150 classes of 90 minutes each, the average class duration would be 75 minutes per class. This average class duration would exceed our maximum standard of 70 minutes by 7%. As a result, a corresponding 7% surcharge will be applied to your subscription.
5.6 If LearnCube can demonstrate that your use of a particular Product is in excess of the above limitations in 5.2 and/or 5.3, we can require you to moderate your usage by email or our chat support system.
5.7 If, after 7 days of sending this message to moderate your usage, you fail to do so, we reserve the right to either automatically charge your credit card for the relevant monthly subscription and Plan. Alternatively, we will send a top-up invoice to be paid within 14 days or suspend or terminate your access to the Product.
5.8 If you exceed limits outlined in either 5.3.c or 5.4.c, we will either charge your credit card for $19 for every terabyte of data you exceed our Fair Use policies, or we will issue a top-up invoice to be settled within a 14-day period.
6 Account downgrades and upgrades
6.1 Monthly Subscriptions: When you purchase a monthly subscription for one of our Products, you may downgrade your subscription by providing Written Notice to our premium support email address at least two business days before the next subscription period begins. The downgrade will become effective immediately. No refunds will be paid for any unused portion of any higher account offering.
6.2 Annual Subscriptions: When you purchase an annual subscription for one of our Products, you agree to a full year's commitment in return for a discounted price. This discount is based on the full annual period. Therefore, downgrading your subscription tier will not be permitted until the end of the subscription period. If there are any unused portions of your subscription, please note that we do not offer refunds or transfer the remaining term to a future period.
6.3 Downgrading your account type may cause an interruption if you choose a Plan that does not align with your use. If you choose to downgrade your Plan, we do not accept any liability for the resulting loss of data, Content, features or capacity.
7 Cancelling your account
7.1 You may cancel your subscription at any time by sending an email to [email protected].
7.2 Any cancellation requests will be processed within 14 days of receipt. If there are any unused portions of the subscription, please note that we do not offer refunds or credits.
7.3 If we do not receive your monthly subscription fee on time, we will notify you and may initially suspend access to your account. If we do not receive payment within 60 days, we will cancel your account.
7.4 LearnCube may, in its sole discretion, delete any Content held for a LearnCube account once that account is cancelled for whatever reason. In case you choose to reactivate your account, our option is to store your Content for a period of no more than 365 days before it is permanently deleted. We will not be able to recover this Content once it has been permanently deleted.
In no case shall LearnCube, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the service or any Content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
8. You indemnify us
8.1 You warrant and represent that you are acquiring the right to access and use LearnCube and are agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of LearnCube and/or these Terms.
8.2 You agree to fully indemnify us, our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees for all damage, losses, liabilities, fees, compensation, expenditure, costs and expenses arising out of or in connection with any breach of these Terms, your use of LearnCube and any claims made by your users however caused by any act, omission, negligence or advice provided by you or any of your associates, employees, subcontractors, affiliates or representatives.
9. LearnCube Products might not always be perfect
9.1 The Products are provided on an “as is” and “as available” basis, and you use them at your sole risk.
9.2 To the maximum extent permitted by law, we disclaim and exclude all implied conditions and warranties. To avoid doubt, we do not warrant that (a) the Products will meet your specific requirements, expectations or be fit for your particular purpose; (b) the Products will be uninterrupted, timely, secure, or error-free; or (c) any errors in the Products will be corrected.
9.3 We will try to promptly address (during normal business hours) all technical issues that arise in connection with the Products. However, there may be times when the Products are inaccessible.
9.4 From time to time, we may make changes to the Products which may add, modify, and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically without notice.
9.5 You acknowledge that the Internet is inherently insecure. You accept the risk that any information transmitted over the Internet or through email may be intercepted, subject to unauthorised or fraudulent access.
9.6 You agree that we will not be liable for any direct, indirect, incidental, special, or consequential loss (including but not limited to loss of data, profits and anticipated savings) resulting from the use of, or the inability to use, the Products. If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to the average fees paid by you to us for two months for any single event or related series of events.
10 Intellectual property rights will be observed
10.1 You agree that we own all of the intellectual property rights existing in LearnCube and its Products, including any LearnCube Content, improvements to the software, enhancements, modifications or adaptations. You agree not to, and will not permit or encourage any third party to, copy, reproduce, modify, adapt, reverse-engineer or decompile the Products in whole or in part.
10.2 You may not publish or use LearnCube‘s brand, branding or logos except with our prior written consent.
10.3 We do not claim ownership of any intellectual property rights in relation to the information or Content you upload to LearnCube that is not already our property. You agree to grant us a royalty-free licence to use it for the purpose of operating LearnCube and otherwise as set out in our Privacy Policy. You agree that the Content you upload to LearnCube will not contain any information which breaches any obligations of confidentiality or proprietary rights of a third party.
10.4. You agree to grant us the ability to analyse the titles and preview descriptions of Content you upload to LearnCube for the purpose of LearnCube understanding the type of Content uploaded to the platform. You do not agree to us analysing the information within Content you upload to the platform unless specifically requested.
10.5. We may provide tools for users that use generative artificial intelligence to create information and data. You agree to grant us non-commercial access to use and monitor inputs and LearnCube-Generated Content for the purpose of improving our ability to generate higher-quality content. Note that this additional access does not extend to any Content that you upload to our platform.
10.6 You agree not to use our Products to generate content from Content which breaches any obligations of confidentiality or proprietary rights of a third party. If you use our Products to generate content using any LearnCube tools we provide including LearnCube’s AI Teacher Assistant, you agree to grant us access to both the input and LearnCube-Generated Content for the purpose of operating LearnCube, and improving our tools and Products.
10.7 If any party complains to LearnCube that their intellectual property rights are being infringed by your use or storage of Content, LearnCube may, in its sole discretion, provide Written Notice to the email you have associated with your account and delete Content you have saved in our Products either immediately or after 24 hours having provided such Written Notice. We will not be able to recover this Content once it has been permanently deleted. Note: If you believe that your intellectual property rights have been infringed, please let us know at [email protected].
11 This is a legal agreement, so some general provisions apply
11.1 These Terms shall be governed by the laws of England & Wales, and all users submit to the exclusive jurisdiction of the England & Wales courts for any matter or dispute arising in relation to these Terms.
11.2 These Terms represent the entire agreement between you and us in relation to the use of LearnCube unless we have mutually agreed and signed a separate fixed term agreement.
11.3 If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full effect.
11.4 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
11.5 All communication between you and us must be made by email. All email communication is deemed to have been received at the time it is sent (unless the sender receives notice that the email failed to send).
12 Contact us
12.1 If you have any questions about these Terms, the practices of LearnCube or if you would like to give us feedback or Written Notice, you can contact us by email at [email protected].
