General all Users - Terms & Conditions
Definitions:
1.1. "Top Grade Achievement" refers to achieving the highest grades (e.g., 9-1) in the specified level (e.g., GCSE, IGCSE) by the relevant Examination Body. 1.2. "Agreement" implies these Terms and Conditions along with the Privacy Policy. 1.3. "Individual Subscriber(s)" represents a person who has subscribed for an individual subscription to MedlyAI. 1.4. "Intellectual Property Rights" or "IPR" encompasses patents, rights to inventions, copyright and related rights, topography rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software (source and object code), database rights, rights in confidential information (including know-how and trade secrets), and any other intellectual property rights, in each case whether registered or unregistered, including applications and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world. 1.5. "Privacy Policy" refers to the policy displayed on our Website outlining how we collect and store your personal data. 1.6. "School Member(s)" indicates a person or school granted access to MedlyAI via a School Membership. 1.7. "School Membership" refers to a subscription account created in the name of a participating school. 1.8. "Student" is the individual named as the participant under an Individual Subscriber account or who accesses MedlyAI through a School Membership. 1.9. "MedlyAI" refers to our online learning platform, operated via our Website or the MedlyAI App, including MedlyAI Courses. 1.10. "MedlyAI App" refers to the software application we have developed, enabling Users to access MedlyAI on mobile devices. 1.11. "MedlyAI Course(s)" or "Course(s)" are the various online learning programs we offer on MedlyAI. 1.12. "Teacher" means an educator authorized to use MedlyAI under a School Membership. 1.13. "Trial" denotes the free trial membership period offered by MedlyAI. 1.14. "you", "your", and "yours" are references to you as the person accessing our Website, MedlyAI, or opening an account with us, or any User. 1.15. "User" includes any individual given access to MedlyAI, encompassing both Students and Teachers. 1.16. "we", "us", and "our" are references to Medly AI Ltd. 1.17. "Website" refers to our website at www.medlyai.com, where MedlyAI is operated.
License
2.1. Users are granted a non-exclusive, non-transferable, worldwide, revocable license to use MedlyAI for the duration of their agreed subscription period. 2.2. Each Student must select a MedlyAI Course and provide their full name. A valid email address for each Student is required, and they will be prompted to complete a registration profile. It's crucial to keep these details secure and refrain from sharing them with any third parties. 2.3. Users are prohibited from sharing account details with others or allowing anyone else to use their account.
Our Intellectual Property Rights (“IPR”) - Ownership and Use of Intellectual Property
3.1. All IPR in MedlyAI, including rights associated with our Website and the MedlyAI App, are the property of MedlyAI Ltd or the respective software owners and are owned by or licensed to us. These Terms and Conditions do not transfer any ownership rights to you or any User. You are not permitted to modify, copy, reproduce, upload, store, post, transmit, distribute, or download any material or information from MedlyAI or our Website, except where explicitly allowed or indicated on MedlyAI or our Website.
License Conditions - Conditions of Website and MedlyAI Access
4.1. Access to our Website and MedlyAI is granted under the condition that you shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or commercially exploit MedlyAI or its content, or make it available to any third party; (ii) modify or create derivative works based upon MedlyAI; (iii) embed MedlyAI as an "iframe" or "frame" within another application; (iv) use internet bots or programs that simulate human activity for accessing MedlyAI; (v) reverse engineer or access the Website or MedlyAI to build a competitive product or service, or copy any ideas, features, functions, or graphics; (vi) send or store harmful computer code, files, scripts, agents, or programs; (vii) disrupt the integrity or performance of MedlyAI, our Website, servers, or networks; (viii) attempt unauthorized access to MedlyAI, its related systems, or networks; (ix) impose an unreasonably large load on our systems. 4.2. You are prohibited from using MedlyAI for developing your own or a third party's software. Copying any part of MedlyAI’s interface, operating logic, or database structure for use in other software or products is not allowed, except where legally permissible.
Our Rights to Cancel Your Participation on MedlyAI - Cancellation of Account
5.1. We reserve the right to cancel or suspend your account with us if we have reasonable grounds to believe that you have violated these Terms and Conditions.
Technical Support for MedlyAI - Accessing Support
6.1. For all operational queries related to MedlyAI or any of the Courses, please reach out to us via email. Our goal is to respond to all inquiries within 1 working day. 6.2. MedlyAI is accessible from any internet-enabled desktop PC, mobile device, or tablet. We recommend using a high-speed broadband connection for the best experience. 6.3. To ensure optimal functionality, we advise that Students use the latest version of their internet browser and/or the MedlyAI App. Older browser versions might not display content correctly. For more information or assistance, please contact our team via email.
Complaints Regarding MedlyAI - Handling Complaints
7.1. We take complaints very seriously and aim to respond within 5 working days. Please email us with any complaints you may have regarding MedlyAI.
DISCLAIMER AND LIMITS TO OUR LIABILITY
8.1. Accuracy and Errors - We have taken great care to ensure the information on this Website and MedlyAI is correct and error-free. However, occasional errors in facts, grammar, spelling, or typography may occur, which we will endeavour to correct promptly upon identification. We apologize for any such errors or omissions. We cannot guarantee that the use of MedlyAI or the Website will be error-free or fit for purpose, timely, or that defects will be corrected. We do not assure that the site or server is free of viruses or bugs or that it represents the full functionality, accuracy, or reliability of MedlyAI and make no warranties, express or implied, regarding fitness for purpose or accuracy. 8.2. Liability Limitation - We disclaim all liability to you for MedlyAI and the Courses to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you, such liability is limited to the amount you have paid for MedlyAI. Except for the guarantees described in Clause 6, we cannot accept liability for any loss, damage, or expense, including direct or indirect losses such as loss of profits. This limitation does not apply to personal injury or death caused by our negligence. 8.3. Course Suitability - MedlyAI and the Courses are provided "as is," and no guarantee or warranty is offered regarding the accuracy of the information. We cannot ensure or warrant that a MedlyAI Course is suitable for you or a specific student. The use of MedlyAI and its materials is entirely at your and the student's risk, and we cannot be held liable for any resulting loss, damage, or injury. 8.4. Transmission Errors - We do not accept liability for any transmission errors, failures, or loss of information, nor for viruses or other harmful components transmitted to you or your computer system via MedlyAI or our Website. 8.5. External Factors - We are not liable for any failure or delay in delivering MedlyAI services that arise due to acts outside our reasonable control, such as natural disasters or third-party actions. 8.6. Internet Security - We have taken reasonable steps to prevent internet fraud and ensure the secure storage of your data. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers or those of third parties.
FOR PRIVATE PAID INDIVIDUAL SUBSCRIBERS
TERMS APPLICABLE EXCLUSIVELY TO INDIVIDUAL SUBSCRIBERS
Subscription Purchase Process
1.1. Any contract for the use of MedlyAI is formed between you and MedlyAI Ltd. It's crucial that you provide accurate and complete details when subscribing. You confirm that you are over 18 years old and possess the legal capacity to enter into a binding contract with us. Any Student using MedlyAI who is under 18 must have obtained consent from their parent or legal guardian. You warrant that the Student is fully aware of the terms under which MedlyAI is provided, as outlined in these Terms and Conditions. 1.2. To register as an Individual Subscriber, you will need to select the correct year group for the Student and provide both your full name and contact information, as well as that of the Student, including a valid email address for each Student. Upon receiving your registration details and order, we will send a confirmatory email. Should your order not be accepted, we will inform you in writing, providing the reasons. 1.3. MedlyAI is designed for exclusive use by Students. 1.4. As part of using our Website, you will be assigned a registration profile. It is your responsibility to ensure that both your and the Student's details remain confidential and are not disclosed to third parties. 1.5. We reserve the right to modify the MedlyAI Courses offered on our Website and to discontinue any course at our discretion.
Prices and Payment
Pricing and Subscription Details
2.1. All prices indicated on the Website are accurate as of their publication, but we reserve the right to modify these in the future. MedlyAI operates on a monthly subscription basis per Student, with the cost varying depending on the Student's year group. 2.2. The total cost for MedlyAI will be displayed on the Website during your order placement. This is where you can apply any valid promotional codes, which will be considered before finalizing the payment. 2.3. Upon choosing to subscribe, you'll be offered a Trial period, during which payment details must be provided. Following the Trial, the first monthly payment will be automatically processed, with subsequent monthly payments occurring thereafter. To discontinue MedlyAI post-Trial, you must cancel your subscription by logging into your account and selecting the “Cancel Subscription” option. 2.4. Note that the Trial adheres to a fair use policy and is limited to one per household or Student. Trials are non-extendable. We reserve the right to withdraw the Trial in cases of suspected abuse. 2.5. Payments can be made via debit or credit card, with monthly charges debited on the same day each month until cancellation. Ensure sufficient funds are available to cover each instalment, as failure to do so may result in an administration fee. 2.6. In the event a Course ends mid-month, a credit for the unused portion of the month will be applied to your next subscription. No refunds are provided in such cases. 2.7. To maintain online shopping security, your debit/credit card information will be encrypted to prevent unauthorized access during internet transmission. Your bank or card issuer may conduct additional security checks. 2.8. We will take all reasonable care to keep your order and payment details secure, but we cannot be held responsible for any loss due to unauthorized access to your data provided when accessing or ordering from the Website, except in cases of negligence on our part. 2.9. Should a monthly payment fail to process on time, we reserve the right to suspend or cancel the Student’s access to MedlyAI. 2.10. All discounts or special offers are subject to additional terms and conditions, displayed on the Website at the relevant time. These offers are subject to change, and we reserve the right to withdraw them at any time.
Understanding MedlyAI
Getting Started and Using MedlyAI
3.1. Upon registering for MedlyAI, you'll be able to create your user profile along with a Student profile. Following this, you can select the Course(s) accessible to the Student. MedlyAI can be accessed online through our Website or the MedlyAI App, and the Student can commence their selected Course(s) once the profile setup is complete. 3.2. It is your responsibility to ensure the chosen MedlyAI Course is appropriate for the Student. Students should understand that successfully completing a Course demands substantial effort and consistent participation. Some modules within a Course might require more time and effort than others, and progression is not always linear, with the possibility of increased effort needed towards the end of the Course. 3.3. Our Courses are designed to align with the standards and requirements of relevant Examination Bodies. 3.4. As part of accepting these terms and conditions, we grant the Student a non-exclusive, non-transferable, limited, personal, revocable, worldwide license to access MedlyAI. This is a “named user” license, meaning it is only valid for the specific Student registered for the license and cannot be shared or used by multiple individuals. 3.5. We assure that the MedlyAI Course(s) provided will adhere to accepted industry practices and standards. 3.6. Assuming the subscription is active and not cancelled, access to a Course is typically for a set period, like an academic year or until a specific examination date, as determined during account setup. Students are encouraged to complete the Course within the allotted time frame. 3.7. MedlyAI Course content may evolve over time to reflect changes in the National Curriculum or examination specifications. Adjustments may include clarifying ambiguities, correcting errors, or updating language. 3.8. It's crucial for you to regularly monitor the Student's engagement and progress to ensure they are on track with the expected learning outcomes.
Our Privacy Policy
Handling Your Personal Information 4.1. To make MedlyAI accessible and functional, we require some of your personal information, such as your email address to set up an account. We take the protection of your information seriously and have implemented measures to secure your data effectively. Our Privacy Policy provides further details on how we collect, process, and store your personal data.
Your Rights to Cancel MedlyAI
Cancellation Policy
5.1. You can cancel your MedlyAI subscription without incurring any charges, provided the cancellation occurs before the end of the Trial period. 5.2. Following the Trial period, you are entitled to cancel your subscription at any time before the next monthly payment is due. This can be done by logging into your account and selecting the “Cancel Subscription” option, or by contacting us via email or phone at least 49 hours before your monthly payment is scheduled.
General Legal Points
Legal Provisions and Agreement
6.1. Subcontracting and Assignment - We reserve the right to subcontract any part of MedlyAI services provided to you and may assign or novate any of our rights under these Terms and Conditions without requiring your consent or needing to notify you. 6.2. Changes to Terms and Conditions - We may modify the Terms and Conditions at any time without prior notice to you. Any updates or changes will be posted on the Website. 6.3. Entire Agreement - These Terms and Conditions, along with the Privacy Policy, constitute the entire agreement between you and us. No other terms, expressed or implied, are part of this Agreement. In case of any conflict, these Terms and Conditions take precedence over any other terms or provisions on the Website. 6.4. Validity and Enforceability - If any part of this Agreement is deemed invalid, illegal, or unenforceable, that part shall be deemed omitted, and the rest of the Agreement remains enforceable. 6.5. Governing Law - This Agreement is governed by and construed in accordance with the laws of England and Wales, and both parties submit to the exclusive jurisdiction of the courts of England and Wales. 6.6. Enforcement of Rights - Any delay or failure by us to enforce our rights or remedies under this Agreement does not constitute a waiver of those rights or remedies, unless such a waiver is confirmed in writing. 6.7. Third Party Rights - The undertakings and obligations in this Agreement are not intended for the benefit of, nor enforceable by, any third party under the Contracts (Rights of Third Parties) Act 1999.