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TERMS OF SERVICE AND PRIVACY POLICY FOR SPHERELEARN BY EXAMPY

  • Last Updated: February 23, 2025

1. ACCEPTANCE OF TERMS

By accessing, downloading, registering for, or using SphereLearn by Examply (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Privacy Policy. If you do not agree to these terms in their entirety, you must immediately cease use of the Service. These Terms constitute a legally binding agreement between you and Examply.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

You represent and warrant that you are at least 18 years of age. If you are under 18, you represent that you have obtained verifiable parental or legal guardian consent to use this Service and agree to these Terms on their behalf. By creating an account, you explicitly consent to the collection, processing, storage, and commercial exploitation of your Personal Data as described herein. You are solely responsible for maintaining the confidentiality of your login credentials. Examply shall not be liable for any unauthorized access resulting from compromised credentials, phishing, social engineering, or user negligence.

3. DATA COLLECTION, USAGE, AND COMMERCIAL EXPLOITATION

This section governs how your data is collected, used, trained upon, and monetized.

To provide, maintain, and improve our AI models and Services, we collect and store the following categories of information without limitation:

  • (a) Personal Identifiers: Full name, email address (including Gmail), phone number, and date of birth.
  • (b) Device Telemetry: Device model, operating system version, IP address, MAC address, battery status, available storage capacity, network type, and unique device identifiers including IMEI and Android ID.
  • (c) Behavioral Records: A complete log of every action taken within the Application, including but not limited to search queries, answers selected, time spent per question, error rates, navigation paths, session duration, and interaction timestamps.

You hereby grant Examply a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use all collected data, including anonymized behavioral records, device telemetry, and personal identifiers, to train, fine-tune, validate, benchmark, and optimize our proprietary artificial intelligence models, machine learning algorithms, offline RAG systems, and educational content generation systems.

  • (a) Analytics and Partnerships: We share aggregated and individual-level data with partner companies, affiliates, and service providers for analytical, research, and business intelligence purposes.
  • (b) Data Sales and Monetization: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EXAMPY MAY SELL, LICENSE, ASSIGN, TRANSFER, OR OTHERWISE MONETIZE YOUR PERSONAL DATA, BEHAVIORAL RECORDS, DEVICE TELEMETRY, AND DERIVED INSIGHTS TO THIRD-PARTY PARTNERS, ADVERTISERS, DATA BROKERS, RESEARCH INSTITUTIONS, AND OTHER ENTITIES FOR COMMERCIAL PURPOSES.
  • (c) No Opt-Out Mechanism: Data collection for AI training and commercial sharing is a fundamental condition of using the Service. There is no opt-out mechanism that preserves full functionality of the Application.

We retain your data indefinitely for model training, business intelligence, historical analysis, and legal compliance purposes, even after account deletion or termination of service, unless expressly prohibited by applicable law.

4. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXAMPY DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF CONTENT.

SphereLearn by Examply is an assistive educational tool only. WE MAKE NO GUARANTEE, WARRANTY, OR REPRESENTATION THAT USING THIS SERVICE WILL RESULT IN PASSING ANY EXAMINATION INCLUDING BUT NOT LIMITED TO WAEC, NECO, JAMB, OR ANY OTHER STANDARDIZED TEST. Academic success depends on individual effort, prior knowledge, study habits, and external factors entirely beyond our control.

While we employ human-in-the-loop verification processes, AI-generated content may contain errors, inaccuracies, hallucinations, outdated information, or misleading explanations. YOU ASSUME FULL AND SOLE RESPONSIBILITY FOR VERIFYING ALL ANSWERS, EXPLANATIONS, AND EDUCATIONAL CONTENT BEFORE RELYING UPON THEM FOR ANY PURPOSE.

5. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXAMPY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE.

EXAMPY IS NOT LIABLE FOR ANY FAILED EXAMS, MISSED ADMISSION OPPORTUNITIES, SCHOLARSHIP LOSSES, CAREER SETBACKS, EMOTIONAL DISTRESS, OR ANY OTHER LOSS ARISING FROM RELIANCE ON INCORRECT, INCOMPLETE, OR OUTDATED CONTENT PROVIDED THROUGH THE SERVICE. USERS ASSUME FULL RESPONSIBILITY FOR THEIR ACTIONS AND DECISIONS WHEN USING OUR PRODUCTS.

WE IMPLEMENT INDUSTRY-STANDARD SECURITY MEASURES; HOWEVER, NO ELECTRONIC TRANSMISSION OR STORAGE SYSTEM IS ONE HUNDRED PERCENT SECURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXAMPY DISCLAIMS ALL LIABILITY FOR DATA BREACHES, HACKING, UNAUTHORIZED ACCESS, IDENTITY THEFT, LOSS OF DATA, OR ANY DAMAGE RESULTING FROM COMPROMISED SECURITY. YOU USE THE SERVICE AT YOUR OWN RISK REGARDING DATA SECURITY AND PRIVACY.

IN NO EVENT SHALL EXAMPY TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE THREE MONTHS PRECEDING THE CLAIM.

6. SUBSCRIPTION AND REFUND POLICY

  • 6.1 Billing: Subscriptions are billed in advance on a recurring basis according to the selected plan.
  • 6.2 Refund Eligibility Window: Refunds are ONLY available if a written refund request is submitted within seven to ten days of the initial subscription start date.
  • 6.3 Non-Refundable After Window: NO REFUNDS WILL BE ISSUED UNDER ANY CIRCUMSTANCES AFTER TEN DAYS OF ACTIVE USE, regardless of user satisfaction, technical issues, change of mind, perceived value, or any other reason.
  • 6.4 Cancellation: You may cancel future billing cycles at any time through your account settings. Cancellation does not trigger a retroactive refund if the request falls outside the eligibility window defined in Section 6.2.

7. INTELLECTUAL PROPERTY RIGHTS

All content, source code, AI models, algorithms, data derivatives, trademarks, and intellectual property generated by or associated with SphereLearn by Examply are the exclusive property of Examply. Users retain ownership of their raw input data but grant Examply the comprehensive licenses specified in Section 3 of these Terms.

8. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to conflict of law principles. Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively through binding arbitration in Lagos, Nigeria. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR COLLECTIVE LEGAL PROCEEDINGS.

9. CONTACT INFORMATION

For legal inquiries, data protection requests, or concerns regarding these Terms, contact Examply at: legal@spherelearn.name.ng