(a.k.a., stuff our lawyers make us tell you)
Last updated: October 28, 2020
From all of us at Next Knowledge, thank you for using our products! Together, we can change the world’s relationship with learning – and we hope the tools you just subscribed to are evidence of that.
There are a lot of words to follow, but please read them carefully. These Terms of Service (“Terms”) constitute a legally binding agreement made between You (“User”, “Account Holder”) – whether personally, or on behalf of an entity – and Next Knowledge (“Company”, “We,” “Us” or “Our”), concerning Your access to and use of Our Site (https://www.nextknowledge.ca), as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
Whenever you use our Services, you are agreeing to the latest version of these Terms. That’s true for any existing or future products, as well as any and all features that we add to these Services over time. We may update these Terms from time to time as necessary at Our discretion: be it for clarity’s sake, to link to an expanded related policy, or for any other reason. When we do, the “last updated” date at the top of this document will reflect those changes – and Your continued usage is considered acceptance of them.
We will always endeavour to make you aware of any significant changes – but it is Your responsibility to periodically review these Terms to stay informed of updates – and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after those changes have been posted.
interpretation, definitions and acknowledgement
For clarity’s sake, the following definitions have the same meaning regardless of whether they appear in singular or in plural:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Account Holder means the registered owner of the Account.
Country refers to: Canada. We are an incorporated company in the Province of Ontario.
Company (“the Company”, “We”, “Us” or “Our”) refers to Next Knowledge Inc., headquartered in Toronto, ON Canada.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, or mobile device.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial (“Trial”) refers to a limited period of time that may be free when purchasing a Subscription.
Service refers to any product created and maintained by Us, whether delivered within a web browser, a desktop or mobile application, in person, or in another format. This also includes our website (“Site”) https://www.nextknowledge.ca, any relevant subdomain, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected.
Subscription refer to both the services or access granted by Us for You to access, or to the Service offered on a subscription basis by Us to You.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You (“User”) refers to the individual, company or entity accessing or using the Service, or other legal entity on behalf of such individual that is accessing or using Our Services. In other words, that’s You.
If we’ve missed any definitions, they will appear in brackets and parentheses (“”) throughout this document.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service – and by subscribing to or otherwise interacting with Our Services, You agree to be bound by them. If You disagree with any part of these Terms, then You may not access the Service. Pretty simple.
An important note about those under 18 years of age:
We are thrilled that You have chosen our tools to help you in your learning journey. However, You have to be fully able to form binding contracts with Next Knowledge in order to access them.
As such, to be eligible for use of Our Services, You must be of legal age to enter into a binding contract (this is 18 in most places in the world, but your region may be different) in order to subscribe to, or access, our Services. The only exception to this is if Your use is authorized by and/or supervised by your parent, guardian or another authorized adult (e.g., an educator or teacher) who agrees to be bound by these Terms.
Any use or access to the Service that does not adhere to any of the above is strictly prohibited and in violation of these Terms.
billing, pricing and subscriptions
Should automatic billing fail to occur for any reason, We will reach out to assist with an alternative form of payment, using the information provided through signup – or, by issuing an electronic invoice within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Our fees and subscription prices (“Pricing”) may change from time to time – and although we will provide you with reasonable notice of any significant Pricing changes that may affect you, we reserve the right to do so at any time. Any Pricing change will become effective at the end of the then-current Subscription period.
Your continued use of the Service after the Pricing change comes into effect constitutes Your agreement to pay the new Pricing.
Our Services, unless otherwise specified, are only available through a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You or the Company cancel it prior to renewal.
You may cancel Your Subscription either through Your Account settings page or by contacting Us at email@example.com. Your subscribed Services will remain active until the end of Your current Subscription period.
While we hope you’ll always be happy with our tools, with your user experience and our fabulous relationship together, we also know things happen – and occasionally, users will inquire about suspending or cancelling their Services.
A few things to note:
Except when required by law, paid Subscriptions are non-refundable. Of course, there are always edge-cases: a missed renewal reminder, unavailability of Our Services for a prolonged period, etc. Our goal is to ensure that Our clients are happy clients – so please reach out to Us at firstname.lastname@example.org. We’ll always strive to make things right.
We cannot make changes – including cancellation – to an account at the request of anyone other than You (see User Accounts). If an account change needs to be made and you are not the Account Holder, contact Us and we’ll reach out to them on your behalf.
As previously stated, when You cancel Your subscription, Your access to our Services will continue until the end of the current billing cycle. After that date, all access will be terminated.
If You change Your mind after cancellation, all is not lost (yet): We’ll maintain user accounts for 30 days after the end of your subscription period. Accounts can be re-enabled during this window only; all inactive user accounts will be purged after that period. Once your account is deleted, it’s unrecoverable – gone forever.
If you simply wanted to suspend your account for whatever reason, please reach out to us here.
We may offer a Subscription with a Free Trial (“Trial”) for a limited period of time. And while signing up, You may be required to enter contact and billing information in order to proceed.
You won’t be charged until the trial period has expired. On the last day of the Free Trial period, You will be automatically charged the applicable Subscription fees for the type of Subscription selected, unless cancelled prior. We will send you reminders of the end of Trial prior to a paid subscription beginning.
At any time and without notice, We reserve the right to (i) modify the Terms of the Trial, or (ii) cancel the Trial entirely.
When You create an account with Us, that information must be accurate, complete, and current at all times; this becomes our record of the Account Holder that we will take instructions from on Your account, such as cancellations, downgrades, etc. If you fail to keep these records updated, it may constitute a breach of these Terms, which may result in immediate termination of Your account on Our Service. Long story short, please keep them up to date.
You are responsible for safeguarding any login or password information that You use to access the Service – and are responsible for any activities or actions under Your login and password, whether that password is with Our Services or a Third-Party Social Media Service. As such, You agree not to share Your password to any third party. If You believe your account has been breached in any way, notify Us immediately here.
You can’t use as someone else’s name as a username, or an entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization. You also cannot use a name that is otherwise offensive, vulgar or obscene. Not only is that not cool, but it’s also a violation of our Use Restrictions policy – which will lead to account termination.
Last but not least, Our Services may not be available to Users previously removed from the Service by Us. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms.
Hopefully, this is never a thing – but, We reserve the right to terminate accounts that violate any or all parts of these Terms, or for any other reason. If We do, your right to use the Services will end immediately.
Some of those reasons are process-driven – here are a few examples:
Inactive accounts for an extended period:
For trial accounts: 30 days after a trial has expired without being upgraded
For frozen accounts: 180 days after being frozen due to billing failures
For free accounts: after 365 days of inactivity
Some of those reasons are due to violations of these Terms – as an example, if we have evidence of Our Services being used to engage in restricted or abusive behaviour (see Use Restrictions).
If You wish to terminate Your Account, You may simply cancel your Subscription and discontinue using the Service (see Subscription cancellations).
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all rights to any Content submitted, posted or displayed on or through the Service – and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Learners from all walks of life use our products. Our goal is to build useful tools, products and services that create meaningful and lasting social good.
We also acknowledge that, regardless of the purpose we intended for our tools, some users may attempt to use them in ways that aren’t good for anyone, and instead use them to cause harm. Bad, bad.
That’s why this section exists – and if you interact with Our Services in any way, You may not use them to transmit, alter or generate any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.
Here are a few non-exhaustive examples of what that means:
Unlawful or promoting unlawful activity.
Any activities that enables, causes or contributes to child exploitation, sexualization, or abuse. We will take appropriate action, including reporting it to the relevant authorities.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
To be clear, We are never responsible for Your Content. Acceptance of these Terms means that You expressly understand and agree that responsibility for that Content falls solely on You – as does all the Content created or posted to under your account, whether done so by You or any third person using it.
We reserve the right, but not the obligation, to, in our sole discretion, determine whether or not any Content is appropriate and complies with these Terms – and to refuse or remove this Content. We further reserve the right to make formatting and edits and change the manner of any Content. We may also limit or revoke the use of the Service if You violate any of these examples.
As We cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
If you do encounter content that is offensive, indecent, incorrect or objectionable while using Our Services – or, you know of someone that is using Our Services in such a fashion – please report it immediately at email@example.com.
copyright and IP
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, submit Your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
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 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 owner or authorized to act on the copyright owner’s behalf.
Upon receipt of a notification, We will take whatever action, in our sole discretion, we deem appropriate – including removal of the challenged content from Our Services.
Intellectual property (IP)
The Service and its original content (excluding Content provided by You or other users), features and functionality constitute our Intellectual Property (“IP”) and will remain the exclusive property of Next Knowledge Inc. and its licensors.
The Service and IP is protected by copyright, trademark, and other laws of Canada, the Province of Ontario and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without Our prior written consent.
Your Feedback to Us
As is the case with any software, it evolves based on tech advancements, research – and often, from feedback from its users. By submitting feedback on Our Services to Us, You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. In other words, Your reward is watching the tools You use grow and become more suitable to Your needs – and nothing more.
Links to other websites and services
Our Service may contain links to third-party web sites or services that are not owned or controlled by Us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that We won’t be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise that You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
“AS IS” and “AS AVAILABLE” disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, We provide no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of our providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 CAD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event will Next Knowledge or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some territories do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these situations, each party’s liability will be limited to the greatest extent permitted by law.
Although regular backups of Content are performed, We do not guarantee there will be no loss or corruption of data (see “AS IS” and “AS AVAILABLE” Disclaimer). Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
We will provide support and attempt to troubleshoot any known or discovered issues that may affect backups – but You acknowledge that We have no liability related to the integrity of Content, or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service, if required.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and the Guarantor hereby irrevocably attorns to the jurisdiction of the courts of Ontario. Your use of our Service may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Us. We’re reasonable people; we’ll do our best to make things right.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
severability and waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms may have been translated into another language in our provision of Services to You. You agree that the original English text shall prevail in the case of a dispute.
changes to these Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Site and the Service.
We’re at the end! Thanks for reading. If you still have any questions that we didn’t cover, please contact us:
By email: email@example.com