Wobo by Course Master Studio Inc.
End User License Agreement
Effective date: February 1, 2022
The platform accessible through the www.workbook.woboapp.com domain name (the “Site”) is provided by COURSE MASTER STUDIO INC. (hereinafter referred to as “us”, “we” or the “Company”), a Canadian entity with registered address at 1010 Raymur Avenue, Vancouver BC Canada. You may contact us by filling out our Contact Form or sending us an email at firstname.lastname@example.org.
This End User License Agreement (the “EULA”) is the legal agreement between you and the Company, and governs the access to, browsing, and use of the Site. By accessing the Site, you accept to be bound by this EULA. In the case you do not agree with the terms and conditions set forth herein, you must refrain from accessing and using the Site. Should you have any doubts in connection with this EULA, please fill out our Contact Form.
Purpose of the Site
The purpose of the Site is to provide general and business information about the activity of the Company and, with respect to users that have created an account in accordance with the Service Terms and Conditions, enable the use of the services offered by us, consisting in the creation of digital workbooks, installation of the app into Thinkific sites, interacting with our platform (the API), and any other services as may be offered by us from time to time (indistinctly referred to as the “Services”).
Your use of the Site
You must use the Site complying with law and public order. In particular, you undertake to not use the Site to pursue illegal purposes, contrary to the rights and legitimate interests of us or any other third party, or in any other manner that may tamper, disrupt, overload or otherwise damage the Site or the Services. You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company in connection with the use of the Site or the Services. You may not use the Site on website(s) and/or webpage(s) that contain inappropriate, unlawful, illegal or offensive content.
You may not duplicate the Site in whole or in part. You may not redistribute, modify or resell the application in any way without the written permission of the Company. You may not rent, lease, or lend the application. You may not use the application in any other application that competes with products and services of the Company. You may not reverse engineer, decompile, or disassemble the Application in any way without the written permission of the Company.
You shall indemnify, defend, and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless, and will keep them indemnified from and against any claim, loss, expense, liability, damage or demand—including reasonable attorney’s fees— relating to, arising from, or allegedly arising from your use of the Site in breach of the law, or a breach of this EULA or any other contractual obligation you have assumed vis-à-vis the Company.
For the term of this EULA, the Company shall provide support services to you with respect to the Site. In providing support services, the Company shall only be required to use reasonable commercial efforts to correct documented errors in the Site identified by you, which can be repeated by the Company. Notwithstanding the forgoing, under no circumstances does the Company warrant or represent that all errors can or will be corrected.
Limitation of liability
We make our best efforts to ensure that the Site is available and fully functional. However, to the maximum extent permitted under applicable law we do not warrant that the Site will always be available, undisrupted, and error-free. In particular but without limitation, we shall not be held liable in the event of:
- Technical errors preventing a regular use of the Site and caused by force majeure circumstances, acts of God, or otherwise;
- Maintenance works impacting the availability and access of the Site;
- Damages based on the contents of the Site;
- Wrongful use of the Site, or use contrary to the law, this EULA, or any other agreement between you and the Company;
- Unauthorized third party access to the Site or the Services;
- Conflicts that arise between you and other users of the Site; or
- Contents uploaded by you to the Site.
All works, trademarks, software, or other contents and creations displayed on the Site or otherwise provided or made available by us through the Site or the Services are owned by the Company or have been licensed to us by their owner. Unless expressly granted by their corresponding rightsholders or by law, you do not have any use or ownership rights upon the above-mentioned contents and creations other than for the use of the Site and/or the Services under the terms and conditions described in this EULA. Therefore, except when authorized in accordance with this section or this EULA, you may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.
To the extent you provide suggestions, comments or feedback regarding the Site or Services (“Feedback”) to Wobo, you hereby irrevocably agree that Wobo and its Affiliates may use, exercise and commercially exploit the Feedback and any and all rights in such Feedback worldwide without restriction or obligation including any payment to you both during and at any time after the Term, and that such Feedback shall not be deemed to be Confidential Information or otherwise impose any confidentiality obligation on Wobo or its Affiliates.
The Company will implement generally accepted industry standard protocols to seek and secure any information shared or communicated between you, your authorized users, and the Company through the Site and Services. Nevertheless, the parties acknowledge that the Site and Services are provided via the internet and that there are inherent risks and limitations associated with the communication of information over the internet including, without limitation, the possibility that such information may be lost, intercepted, altered, or otherwise rendered non-confidential. By using the Site, you acknowledge and agree that any documentation or information entered into the Site, even if encrypted, is subject to internet risks, and that, notwithstanding any other provision herein, the Company shall not in any way be responsible or liable for any claim, action, damage, or expense (direct, indirect, consequential or otherwise arising from such internet risks, the communication of information over the internet, or your, your authorized users, or any third party’s actions.
The Company acknowledges that it may receive your confidential information. The Company shall not use such information for any purpose other than as permitted hereunder or to perform its obligations hereunder and shall not disclose such information to any third party except (i) as required for the Company to provide the Services (including, without limitations, by communicating information over the internet), and perform its obligations hereunder; or (ii) as required pursuant to the order of a course or administrative body of competent jurisdiction.
Links to third parties’ webpages
We are not liable for websites and contents provided by third parties that are linked or embedded in the Site or the Services, either as advertisement banners or otherwise included in any of the Site’s contents. We shall have no obligation to review the contents of said webpages and the services or products that third parties may offer through them, and their existence does not imply that we support, promote, endorse, sponsor, guarantee, or recommend the linked websites, contents, services, or products. You acknowledge that terms and conditions may apply to the access and use of said services, products, and websites, and that you are responsible for reviewing and accepting them.
Amendments to the Site
We may update, delete, amend or modify the Services, the Site, and the information provided through the Site from time to time. Likewise, we may delete access to the Services or the Site from time to time, by providing prior reasonable notice.
Governing law and dispute resolution
The rights and obligations of the parties under this EULA shall be governed by Canadian law. This shall not prevent the application of those mandatory rights you are entitled to under your applicable law in the event that you are acting as a consumer.
Fees and Payment
All prices are to be paid in US dollars unless otherwise noted. Subscriptions are billed every 30 days. If you fail to pay applicable fees when payment is due, in addition to any other rights the Company may have, the Company shall have the right to suspend delivery of all or a portion of the Site or the Services to you. If the company pursues collection efforts against you due to your failure to pay fees due under this EULA, you agree to pay the Company’s reasonable costs of collection, including any legal fees related thereto.
All fees paid to the Company are non-refundable. For greater certainty, the Company shall have no obligation to issue refunds or credits for any partial months or in connection with any downgrade, cancellation, termination, or otherwise.
With at least thirty (30) days prior notice to you, the Company may, in its discretion, change the Site, Services, or pricing applicable to the Site or Services. If you do not agree to such changes, you will have an opportunity to terminate this EULA with fifteen (15) days notice prior to such changes going into effect. If you do not terminate this EULA within such time, you hereby acknowledge and agree that your failure to do so shall constitute your affirmative acceptance of our changes.
Either party may terminate this EULA by written notice to the other party. Within ten (10) days after termination of this EULA, you shall pay all amounts due and owing to the Company if any, and cease and desist all use of the Site, Services, and Documentation.
Without prejudice to any other rights, the Company may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the application.
The illegality, invalidity, nullity or unenforceability of any of the sections of this EULA will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.
If, at any time, we fail to respond to a breach of this EULA by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company.