Terms of Service
1. YOUR RELATIONSHIP WITH WEAVA
1.1 Your use of the Weava apps and website and any Weava products, software, data feeds and services (collectively the “Service”) is subject to the terms of a legal agreement between you and Weava.
1.3 The Terms form a legally binding agreement between you and Weava in relation to your use of the Service. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the webpage with highlights, text, data of highlights, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. ACCEPTING THE TERMS
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that Weava will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Weava and are not above age of 13, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.4 You should print off or save a local copy of the Terms for your records.
3. CHANGES TO THE TERMS
Weava reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the “Modified Terms”) will be posted at /terms-and-privacy or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. WEAVA ACCOUNTS
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a Weava account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Weava account password secure and confidential.
4.2 You must notify Weava immediately of any breach of security or unauthorised use of your Weava account that you become aware of.
4.3 You agree that you will be solely responsible (to Weava, and to others) for all activity that occurs under your Weava account.
5. GENERAL RESTRICTIONS ON USE
5.1 Weava hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
- A. You agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without Weava’s prior written authorisation, unless Weava makes available the means for such distribution through functionality offered by the Service (such as the Weava sharing feature);
- B. You agree not to alter or modify any part of the Website or any of the Service (including but not limited to the Weava and its related technologies);
- C. You agree not to access Content through any technology or means other than the webpages of the Website itself, the Weava, or such other means as Weava may explicitly designate for this purpose;
- D. You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
- E. You agree not to use the Service (including the Weava) for any of the following commercial uses unless you obtain Weava’s prior written approval:
- F. You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the Weava servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
- G. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Weava or the respective licensors of the Content.
5.2 You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Service.
5.3 Weava is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Weava provides may change from time to time without prior notice to you.
5.4 As part of this continuing innovation, you acknowledge and agree that Weava may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Weava’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Weava when you stop using the Service.
5.5 You agree that you are solely responsible for (and that Weava has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Weava may suffer) of any such breach.
6. COPYRIGHT POLICY
6.1 Weava operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party.
6.2 As part of Weava’s copyright policy, Weava will terminate user access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
7.1 Content stands for the information of highlighted position and annotation which you created in certain webpage (collectively the “Content”). As a Weava account holder you may submit Content. Your Content may be exposed to various search engines such as Google, Bing and etc.
7.2 You retain all of your ownership rights in your Content(highlights), but you are required to grant limited license rights to Weava and other users of the Service.
7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it to various search engine such as Google, Bing and etc. Weava does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Weava expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Weava to use your Content for the purposes of the provision of the Service by Weava, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
7.5 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Weava to use or possess in connection with the provision of the Service.
7.6 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Weava the license referred to in paragraph 8.1 below.
7.7 On becoming aware of any potential violation of these Terms, Weava reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
7.8 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Weava with respect to any such Content.
8. LICENSE RIGHTS
8.1 When you upload or post Content to Weava, you grant:
A. to Weava, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Weava’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
B. to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
8.2 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
9. WEAVA CONTENT ON THE WEBSITE
9.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to Weava, and is subject to copyright, trade mark rights, and other intellectual property rights of Weava or Weava’s licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Weava or, where applicable, Weava’s licensors. Weava and its licensors reserve all rights not expressly granted in and to their Content.
10. LINKS FROM WEAVA
10.1 The Service may include hyperlinks to other web sites that are not owned or controlled by Weava. Weava has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
10.2 You acknowledge and agree that Weava is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that Weava is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
11. ENDING YOUR RELATIONSHIP WITH WEAVA
11.1 The Terms will continue to apply until terminated by either you or Weava as set out below.
11.2 If you want to terminate your legal agreement with Weava, you may do so by (a) notifying Weava at any time and (b) closing your Weava account. Should you wish to delete your account and all personal data associated with it, you may email email@example.com to request the deletion of your account. Please send us the request from the email account associated with your Weava user. We will thereafter aim to delete your account within 7 days, and at the latest before 30 days. You will also have access to deleting your account in the Weava software settings.
11.3 Weava may at any time terminate its legal agreement with you if:
- A. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- B. Weava is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
11.4 Weava may terminate its legal agreement with you if:
- A. Weava is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
- B. the provision of the Service to you by Weava is, in Weava’s opinion, no longer commercially viable and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Weava have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. EXCLUSION OF WARRANTIES
12.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided “as is” and Weava makes no warranty or representation to you with respect to them.
12.3 In particular Weava does not represent or warrant to you that:
- A. Your use of the Service will meet your requirements,
- B. Your use of the Service will be uninterrupted, timely, secure or free from error,
- C. Any information obtained by you as a result of your use of the Service will be accurate or reliable, and
- D. That defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
12.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
13. LIMITATION OF LIABILITY
13.1 Nothing in these Terms shall exclude or limit Weava’s liability for losses which may not be lawfully excluded or limited by applicable law.
13.2 Subject to the overall provision in paragraph 13.1 above Weava shall not be liable to you for:
- A. Any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
- B. Any loss or damage which may be incurred by you as a result of:
- i. Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
- ii. Any changes which Weava may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
- iii. The deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
- iv. Your failure to provide Weava with accurate account information;
- v. Your failure to keep your password or Weava account details secure and confidential.
13.3 The limitations on Weava’s liability to you in paragraph 13.2 above shall apply whether or not Weava has been advised of or should have been aware of the possibility of any such losses arising.
14.1 In connection with your requested purchasing, you will be asked to provide customary billing information such as name, billing address, and credit card information third-party payment processor, Stripe. You agree to pay Weava Payments for any confirmed purchasing made in connection with your Weava Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by Stripe. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting purchase via a third-party online payment processor, Stripe.
14.2 You hereby agree that the paid subscription is automatically renewed at the end of the initial paid term (one month or one year, depending on your plan). The renewal will be processed with the credit card information you entered for your first subscription. If you used a Promo code to enjoy the premium plan for the first term at a discounted price, you will be automatically renewed for the subsequent term at the regular price. Should you want to stop using our premium plan and return to the free version after the first term, you will have to manually cancel the subscription..
15. GENERAL LEGAL TERMS
15.1 The Terms constitute the whole legal agreement between you and Weava and govern your use of the Service and completely replace any prior agreements between you and Weava in relation to the Service.
15.2 You agree that Weava may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
15.3 You agree that if Weava does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Weava has the benefit of under any applicable law), this will not be taken to be a formal waiver of Weava’s rights and that those rights or remedies will still be available to Weava.
15.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
15.5 You acknowledge and agree that each member of the group of companies of which Weava is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
Children under the age of 13 are not allowed to enjoy Weava’s services. For children under 13, in the future, Weava will offer a limited feature set and website experience. If we receive any reports from the user or from user’s teacher that the user is under the age of 13, we will terminate the service now and in the future may offer a limited version of the website that removes social features such as a public profile if we plan to implement a public profile in the future.
3. PERSONALLY IDENTIFIABLE INFORMATION
To use the Weava service, an email address, username and password are required. That’s it. We use personally identifiable information to deliver the Service, to comply with reasonable requests of law enforcement and recommend additional content to you.
We collect information that can be used to identify you as an individual (“Personally Identifiable Information”) only when you provide such information directly to us in connection with the Service. We ask for Personally Identifiable Information such as your name and e-mail address when you register for the Service, or if you correspond with us (in which case we will also retain our responses). We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service and technical staff.
5. NON-PERSONALLY IDENTIFIABLE INFORMATION
We also collect and use information about your interactions with the Service in a manner and format that does not identify you as an individual (“Non-Personally Identifiable Information”). We may collect, use, and disclose Non-Personally Identifiable Information as set forth below.
Analytics Information: We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your application as part of a page request and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
Log File Information: When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, device type, number of highlights and how you interact with links on the Service, domain names, landing pages, and other such information.
Weava is very concerned with safeguarding your information. Weava uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Weava, at all times. You are also responsible for not contributing any private Content, such as passwords, through actions such as highlighting or annotating.
7. REFERRAL SERVICE AND REQUESTING REFERENCES
Weava may provide a referral service that allows you to invite your friends and contacts to use Weava. We may integrate the Platform with third party sites such as Facebook, so that you can send invitation messages or requests for references via the third party site itself. You may also send invitation/request emails via the Platform itself, in which case we will ask you for the contact information to which to send your invitation/request. You can type in the email addresses or other contact information manually, or you can choose to import the contacts in your address book(s). In both cases, we may use and store this information for the sole purposes of allowing you to send your friends and contacts an invitation or request for a reference, and for fraud detection and prevention. With respect to referrals, we will also store the email addresses of your invitees to track if your friend joins Weava in response to your referral.
9. CONTACTING US
- Website: www.weavatools.com
- Email: info (at) weavatools.com
- Updated: 4 December, 2019