1. The Noorann Service
1.1 The Service. The Service provides educational services such as practice exercises, test taking, showing reports, providing classroom management tools, connecting members, sharing reports through member authorization, and accessing features and functionality for your activities (“Your Activities”), in addition to other educational services. By using the Service, you are directing us to store, manage, and provide access to Your Activities on your behalf.
1.2 Using Your Activities with the Service. You may use the Service only to do Your Activities. You may not use the Service on behalf of third parties, to operate your own Service, or ask third parties to use the service on your behalf. You are solely responsible for Your Activities and for complying with all applicable copyright and other laws, including information exchange laws and regulations about your activities, and with the terms of any licenses or agreements to which you are bound.
2. Service Plans
2.1 Service Plan Selection. The Service offers free services and paid plans, which have different feature access limits and fees (each a "Service Plan"). Free services includes the educational material published at the website or other websites.
2.2 Service Plan Fees. If you have a paid Service Plan, the price stated does not include any taxes that we may charge. Payment is non-refundable, even if you stop using the Service. If you change your Service Plan, the change will take effect immediately, we will charge you the applicable fee, and your Service Plan term may be extended, as described at the time you change.
2.3 Automatic Renewal. Unless you notify us before renewal that you want to cancel or you set your service account to not auto renew, your paid service plan will automatically renew at the end of its term, and you authorize us (without notice) to collect the then-applicable fee and any taxes for the renewal plan, using any credit card we have on record for you. Service Plan fees and features may change over time. Your renewal plan will be the one we choose as being closest to your Service Plan.
2.4 Promotional and Trial Offers. We may offer trial or promotional Service Plans ("Trial Plans") for the Service. Some Trial Plans may automatically upgrade to a paid Service Plan at its regular price at the end of the promotional or trial period unless you choose not to upgrade. If you sign up for a Trial Plan that automatically upgrades, we will charge your credit card the applicable Service fee at the end of the Trial Plan unless you choose not to upgrade. Specific terms of Trial Plans will be provided with the plans.
2.5 Additional Service Benefits. We may offer additional Service benefits, such as other mentoring services or educational aids, toys, and books in connection with other products and services (“Additional Benefits”). Additional Benefits are separate from any Service Plan and are subject to any additional terms and conditions provided with the Additional Benefits or the applicable product or service.
3. Use of the Service
3.1 Use of Your Noorann Account. You may only use your Service Plan in connection with one Noorann account. You may not share your username and password with others or use anyone else's username and password. You are responsible for maintaining appropriate security and protection of Your Activities.
3.2 Usage Restrictions; The Service is offered in the United States. We may restrict access from other locations. There may be limits on the types of activity you can do using the Service, such as the number or type of devices you can use to access the Service. We may impose other restrictions on use of the Service.
3.3 Our Use of Your Activities to Provide the Service. We may use, access, retain, and delete Your Activities in order to provide the Service to you and enforce the terms of the Agreement, or for technical reasons, and you give us all permissions we need to do so. These permissions include, for example, the rights to copy Your Activities for backup purposes, use information about Your Activities to organize them on your behalf, and access Your Activities to provide technical support. Noorann respects your privacy and Your Activities are subject to the Privacy Notice.
4.1 Use of the Software. We may make available to you software for your use in connection with the Service (the "Software"). Terms contained in the Conditions of Use apply to your use of the Software. For additional terms that apply to certain third party software, see the Third Party Licenses.
4.2 Information Provided. The Service and the Software may provide with information relating to your use and the performance of the Service and the Software, as well as information regarding the devices on which you download and use the Service and the Software. For example, this information may include the device type, mobile network connectivity, location of the device, information about when the Software is launched, individual session lengths for use of the Service, content used through the Service, or occurrences of technical errors. Any information we receive is subject to the Privacy Notice.
5. Changes; Suspension and Termination
5.1 Changes. We may change, suspend or discontinue the Service, or any part of it, at any time without notice. If we discontinue the Service, we will give you a prorated refund of any fees paid for your Service Plan based on the number of full months remaining in your Service Plan.
5.2 Suspension and Termination. Your rights under the Agreement will automatically terminate without notice if you fail to comply with its terms. We may terminate the Agreement or restrict, suspend or terminate your use of the Service at our discretion without notice at any time, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service. If your Service Plan is restricted, suspended or terminated, you may be unable to access Your Activities and you will not receive any refund of fees or any other compensation.
6.1 No Waiver. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
6.2 Amendment. We may amend the Agreement at our sole discretion by posting the revised terms in the Service, but any increase in fees will not affect the cost of your Service Plan during its term. Your continued use of the Service or the Software after any amendment evidences your agreement to be bound by it.
6.3 Contact Information; Copyright Notices. For communications concerning the Agreement, please write to Noorann, Attn: Legal Department, P.O. Box 211, Redmond, WA 98073.
6.4 Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement or the Service is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the Conditions of Use. You agree to those terms by entering into the Agreement or using the Service.
6.5 Limitations of Liability. Without limiting the disclaimer of warranties and limitation of liability in the Conditions of Use: (a) in no event will our or our software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of five US dollars ($5); (b) in no event will our total liability to you for all damages arising from your use of the Service or information, materials or products included on or otherwise made available to you through the Service (excluding the Software), exceed the amount you paid for the Service related to your claim for damages; and (c) we have no liability for any loss, damage or misappropriation of Your Activities under any circumstances or for any consequences related to changes, restrictions, suspensions or termination of the Service or the Agreement. These limitations will apply to you even if the remedies fail of their essential purpose.