END USER LICENCE AGREEMENT
This agreement is between you and the Organisation that has provided you with access to this software. Where you are a minor you need to ensure your parent(s) or legal guardian(s) approve of your use of the provided products.
Please make sure you read the terms of this agreement carefully! Note this agreement may be updated from time to time and you agree that you will be bound to the updated terms through your ongoing use of the apps and platform.
- Organisation – refers to business, organisation, school or entity that has provided you with access to the software.
- Software – refers to the application or platform that you have downloaded from an App Store.
- App Store – The Apple Store or the Google Play Store.
- Life Ninja Education Ltd – Also referred to as Zap Maths, Message Ninja, Learning Ninja, Software Provider or Platform Provider.
- EULA – End User License Agreement, this entire document constitutes the EULA.
- Data Controller – the party directly responsible for your data, the Organisation is the controller of you data.
- Data Processor – Life Ninja Education Ltd is a processor of your data along with other carefully selected third parties such as Google whom provide various services to enable Life Ninja to make the Software work securely and efficiently.
WHO IS WHO?
- Life Ninja Education Ltd, is a UK based technology company with a suite of products including Message Ninja, Revision Ninja and Zap Maths. For more information visit http://www.zaplearning.co.uk
- The Organisation is the school or entity which has provided you with access to any of the Life Ninja Education Ltd products which include Message Ninja, Revision Ninja App and Zap Maths.
- The Organisation has licensed access to the products powered by the Life Ninja platform from Life Ninja Education Ltd.
- Life Ninja Education Ltd is a Data Processor on behalf of the Organisation, the Organisation is the controller of your personal data also known as the Data Controller.
THE PURPOSE OF THIS AGREEMENT
- The End User Licence Agreement sets out the terms under which you may use this platform.
- In order to use this platform you have to agree to the terms without exception and you agree that any use of the platform will be confirmation that you agree with these terms and are legally bound by them.
- These terms are designed to make sure that the platform is used safely and that you get the best possible experience from it as an end user.
- You must be 18 years or over to accept the terms, where you are under 18 you need to obtain permission from your parent or guardian to use any Life Ninja Education product including the Learning Ninja and Zap Maths products.
- Where a minor is granted access to the platform by ‘The Organisation’ i.e. school the minor is part of, any permission to use the application is regarded as given.
- Should a parent or legal guardian determine that they do not want their child to have access to the platform provided by the Organisation then they should contact the Organisation to revoke their child’s access.
- Message Ninja is a communication platform designed for parents not for minors.
- You agree to be subject to any changes to these terms and conditions by your continued use of the app whether on your own device or someone else’s.
- Any changes to these terms will be communicated to you in a reasonable manner via the application or the Organisation.
- The application from time to time will be updated, you acknowledge that in order to continue using the application you will need to keep the app up to date.
- You acknowledge that access to the platform is granted to you at the discretion of the Organisation and that the Organisation and Life Ninja Education Ltd are not obligated to provide you with access to the platform.
- You may only access the platform on a device you own or on another person’s device with their implicit consent.
- You are fully responsible for your login access to the platform and you are responsible for the security of your logins and access to your device. You acknowledge the recommendation of the Organisation which is that you should ensure you have adequate security in place on your device such as screen lock and a pin code in order to access your device.
- You may not allow anyone to use your logins on your behalf.
- You acknowledge that a single account can be viewed and accessed by multiple users where permission is granted by the organisation.
- Message Ninja – parents and other individuals linked to a particular child can be granted individualised login access to view their child’s relevant communications from the school via the app.
- Learning Ninja and Zap Maths can or in the future may have multiple individualised logins associated with a single users account. For example a parent can see what actions and activities their child is undertaking in the Learning Ninja and Zap Maths apps.
- You must use your real name to register to use the application and not a pseudonymous identity or someone else’s identity.
- The organisation may discontinue the provision of the provided application(s) at any time and Life Ninja Education Ltd will not be obligated to provide an alternative or ongoing provision of said service to you as an end user.
- The app may only be used for personal use.
- You acknowledge that the Organisation and Life Ninja Education Ltd will have access to personal data in the course of providing access to and use of the platform; including but not limited to your email address, name, your children’s names, IP address, device details, images and videos shared over the platform.
RESPONSIBILITY FOR CONTENT
- If you use the platform to provide links to external sources or websites the Organisation and Life Ninja Education Ltd shall not be liable or responsible, responsibility for links to external websites posted by you as a user will belong to you as the sharer of the information / links.
- The Organisation may periodically share links to external websites, the Organisation or Life Ninja Education Ltd shall not be held responsible or liable for the content of such links nor can it attest to the content or suitability of any shared websites Privacy Policies. You as the End User are fully responsible for any links you choose to follow/open, and any goods, services or information you choose to purchase or consume.
- You acknowledge that neither Life Ninja Education Ltd or the Organisation shall be responsible or liable for illegal activity, inappropriate content, poor conduct and or any misuse whatsoever of the Message Ninja app. In the event you see anything that gives you cause for concern, please advise the Organisation as soon as reasonably possible.
- The app may not be used to solicit business or make personal advertisements.
- You accept that any abusive, intolerant, racist, sexist or otherwise inappropriate conduct is not acceptable and may result in your access to the platform being suspended or fully revoked.
- You agree not to sell, rent, lease, assign, distribute, copy, modify, translate or host any part of the Software. As well, you may not adapt, merge, make adaptations, translations or derivative works of, disassemble, decompile, reverse compile, attempt to discover the source code or reverse engineer any part of the Software.
- You must comply with any international sanctions, export and technology controls that may be relevant under UK law. In other words only use the application for its intended purpose as provided by the Organisation you are affiliated with.
- You may backup the Software as per terms applicable in your relevant App Store terms and conditions.
- You will not attempt to use the Software fraudulently, to commit fraud, intercept data traffic to and from the provided application or website, interfere with other users accounts, access and or interfere with the Organisations platform account, insert any malicious code, viruses or make any other form of attempt to circumvent the security measures that are in place.
- Life Ninja Education Ltd will retain all ownership and interest in and to the software and services/products, including all documentation, modifications, improvements, upgrades, derivative words, and all other Intellectual Property rights in connection with the software and services/products, including Life Ninja Education Ltd name, logos, any applicable copyrights and trademarks reproduced through the Service.
- Life Ninja Education Ltd or their affiliates and licensors as applicable, retain all ownership and intellectual property rights in and to:(a) the Services; and (b) all modifications, improvements, customizations, updates, enhancements, derivative works, translations and adaptations to the foregoing.
- You acknowledge that Life Ninja Education Ltd retains ownership of all Intellectual Property that can be associated with its software, products and services provided to you through any affiliated Organisation without exception.
- You acknowledge that you are subject to the Terms and Conditions of any Third Party software and services providers including their terms in respect to their Intellectual property.
To the extent not prohibited by law, the Organisation and Life Ninja Ltd in no event shall be liable to you for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of interest, loss of data, corruption of data, loss of goodwill, business interruption or any other commercial damages or losses, arising out of or related to the use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if the Organisation or Life Ninja Education Ltd has been advised of the possibility of such damages.
NOTE ON THE APP STORES – OWNERSHIP AND LIABILITY
All applications on the Google Play Store and Apple App Store listed under the Life Ninja Education Ltd account on Google Play Store and Life Ninja Ltd account on the Apple App Store are owned and managed by Life Ninja Education Ltd. For an interim period Life Ninja Education Ltd apps are provided on the Apple App Store via the Life Ninja Ltd account until such time as they are transferred to the Life Ninja Education Ltd account. The users of the apps agree through downloading and using the applications that Life Ninja Education Ltd is owner and provider of the apps and that all liability (if any) for the provision of the apps lies with Life Ninja Education Ltd and any legal claims for whatever reason in relation to the apps should be directed against Life Ninja Education Ltd.
ZAP LEARNING SPECIFIC TERMS
The Zap range of products including Zap Maths are owned by Zap Learning Ltd. Zap Learning Ltd is owned jointly by Life Ninja Education Ltd and HW Trading Ltd. The Zap Range is provided on the Life Ninja Education platform, the code and graphical content among other areas is owned by Life Ninja Education Ltd and provided effectively under licence to be used in Zap Learning products. All user data from the use of Zap Maths is processed and managed exclusively by Life Ninja Education Ltd. However any information provided through using the contact forms on zaplearning.co.uk and any zaplearning.co.uk email addresses is subject to Zap Learning Ltd’s Data Registration and managed and controlled by Life Ninja Education Ltd’s Data Controller who is also the Data Controller for Zap learning Ltd.
APP STORE TERMS
Your App Stores terms may also apply to you. The App Store’s terms take precedence over the terms of this EULA in the event of there being any discrepancy between them.
Google Play: https://play.google.com/about/play-terms/index.html
REQUIREMENTS TO USE LIFE NINA PRODUCTS PROVIDED BY ‘THE ORGANISATION’
- You will need to be added / invited by your Organisation in order to register a Message Ninja, Revision Ninja or Tap Maths account.
- You will need to download the app from either the Apple App Store or Google Play Store.
- You will need to be running at least Android 5.0 or iOS 11.0 to use Life Ninja Apps on your relevant device
MESSAGE NINJA SPECIFIC TERMS
DIGITAL CONSENT IN APP (MESSAGE NINJA SPECIFIC RELATING TO ADULTS USING THE PLATFORM)
You agree that any consent questions answered in app will be regarded as legal consent with the digital record of the answered consent question(s) associated with your personal logins being regarded as a digital representation of your signature.
SURVEYS AND OTHER ADVERTISING ENGAGEMENTS (MESSAGE NINJA SPECIFIC RELATING TO ADULTS USING THE PLATFORM)
Life Ninja Education Ltd application(s) may include features where you are able to choose to participate in rewarded engagements such as completing surveys or watching video adverts. Life Ninja Education Ltd may choose to share a portion of any resulting remuneration in part or in full with you as the End User or the Organisation with which you are affiliated. Any such sharing of remuneration will be clearly described in the relevant application. In the event that you participate in any such engagements you will be sharing your data in some instances directly with the third party (such as Pollfish) who will be responsible for the data you have provided, and you will be subject to their particular privacy policies and Terms and Conditions in regards to the particular actions taken and data shared with them. Life Ninja Education Ltd makes no guarantee that you or the organisation with which you are affiliated will receive a share of revenue from any such engagements and cannot guarantee the ongoing availability or regular supply of any such rewarded engagements.
“Survey Serving Technology
APPLE, GOOGLE AND AMAZON ARE NOT A SPONSOR NOR ARE INVOLVED IN ANY WAY IN THIS CONTEST/DRAW. NO APPLE PRODUCTS ARE BEING USED AS PRIZES.”
ADVERTS IN MESSAGE NINJA
- Localised adverts may be displayed in the event feed of Message Ninja from time to time. These adverts are vetted before being published to ensure no inappropriate content is displayed in the Application.
- Any adverts will be relevant to the local area for example, 50% off tickets to the local panto at Christmas. The user experience of Message Ninja users is a priority for Life Ninja Education Ltd.
- There will never ever be more than one advert in the Events feed at any point in time.
- Advertising Liability Declaration: Life Ninja Education Ltd and the Organisation are under no circumstances liable in any way for the content and integrity of the adverts that may be displayed in the events feed including the quality, validity or performance of any products or services advertised.
- Adverts are placed on the basis of users depersonalised information such as geographic location based on the Organisations address and demographics based on the type of Organisation the user falls under ie a Primary School.
- By using Message Ninja you agree to Life Ninja Education Ltd using depersonalised information in order to place advertisements in the Events feed of Message Ninja App on your device.
PAYMENT PROCESSING, CHARGES AND HOW YOUR DATA IS HANDLED (MESSAGE NINJA SPECIFIC RELATING TO ADULTS USING THE PLATFORM)
- Any payments through the platform will be subject to a payment processing charge to Square the third party payment provider of which Life Ninja Education Ltd the publishers of Message Ninja receive a percentage.
- No payment information is stored by or accessible to the Organisation or Life Ninja Education Ltd.
- Payments are processed securely by a third party (Square) who are the only party who handle your payment details and funds.
- The only information that relates to payments that is visible to the Organisation and Life Ninja Education Ltd is the payment amount charged / paid over the platform.
If any part of these Terms found in this document in its entirety is found to be invalid, illegal or unenforceable for any reason, then that provision will be severed from these Terms to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
The Parties accept that the download and or registration and or use of the platform and or use of the products shall be regarded as digital acceptance and agreement with all the legally binding terms contained in this agreement.
THE LAWS APPLICABLE TO THIS AGREEMENT
This agreement and any claims or disputes related to it are governed by the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle all claims or disputes that may arise from or be related to this agreement. By using any product in the Zap Range or any other application on the Life Ninja Education Ltd platform the individual or organisation agrees without exception that any claims regarding any product on the Life Ninja Education platform including Zap Maths brought against Zap Learning Ltd or Life Ninja Education Ltd or any other associated companies must be brought as individual claims and not part of any class or group action. In addition any claims or legal actions brought need to be brought in the United Kingdom in a court based in England, and that without exception by accepting these terms through use of the products or platform the individual or organisation agrees that they are not able to bring any legal action through a foreign court or judicial system including in the United States of America and Canada.
Document version 1.7 – 02 April 2020