Terms of use    

Terms of Use Last updated July 27, 2024

Scholar Planet is licensed to You (‘End-User’) by GCAP World Softech Private Limited (‘GCAP’), located and registered at BC/B6, Shri Agrasen CGHS, Plot Number 10, Sector 7, Dwarka, South-west Delhi, New Delhi 110075, India (‘Licensor’ or ‘GCAP’), for use only under the terms of this ‘License Agreement.’ By downloading the Licensed Application and any update thereto (as permitted by this License Agreement) from Apple's software distribution platform (App Store), and Google's software distribution platform (Play Store), You indicate that You accept this License Agreement in entirety and agree to be bound by all of the terms and conditions of this License Agreement. App Store and Play Store are referred to in this License Agreement as 'Stores'. The parties  to this License Agreement acknowledge that the Stores are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. GCAP is solely and primarily responsible for the Licensed Application and the content thereof. This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (‘Usage Rules’).  Scholar Planet, when purchased or downloaded through the Stores, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Scholar Planet is to be used on devices that operate with Apple's operating systems (iOS and Mac OS) or Google's operating system (Android). All registered trademarks mentioned herein belong to the respective owners and no claims are made over the same

TABLE OF CONTENTS

1. THE APPLICATION

2. SCOPE OF LICENSE, SUBSCRIPTION, BILLING AND CANCELLATION

3. TECHNICAL REQUIREMENTS

4. MAINTENANCE AND SUPPORT

5. USE OF DATA

6. USER-GENERATED CONTRIBUTIONS

7. CONTRIBUTION LICENSE

8. LIABILITY

9. WARRANTY

10. PRODUCT CLAIMS

11. LEGAL COMPLIANCE

12. CONTACT INFORMATION

13. TERMINATION

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

15. INTELLECTUAL PROPERTY RIGHTS

16. APPLICABLE LAW

17. MISCELLANEOUS

1. THE APPLICATION

Scholar Planet (‘Licensed Application’) is software created to provide a single and integrated platform for all the users of the education ecosystem to deliver quality education for iOS and Android mobile devices (‘Devices’). It is used to provide a play, learn and explore environment for the students; to provide expert teaching assistance to the teachers; to help parents monitor  progress of their  children and share reports on progress of students & performance of teachers for review by the schools or institutes management. The Licensed Application is not tailored to comply with industry-specific regulations in certain jurisdictions such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.. You are solely responsible to determine whether you would be permitted to utilize the Licensed Application under the laws applicable to you. You should not use the Licensed Application if it is not permissible to use the Licensed Application under laws applicable to you. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA). The Licensed Application is not meant to provide any medical, financial, legal or investment advice.

2. Scope of license, Subscription, billing and cancellation

1. You are given a non-transferable, non-exclusive, non-sublicensable, and non-assignable License, to install and use the Licensed Application as permitted by the Usage Rules, on any Devices that You (End-User) own or control, with the exception that such Licensed Application may be accessed and used by other accounts/persons associated with You (End- User) via Family Sharing or volume purchasing.

2. The Licensed Application is Subscription based and is currently available for free download on App Store and Play Store. However, GCAP reserves the right to modify subscription/ payment options, or introduce new subscription/ payment options, which will be duly notified on the Website and through the Licensed Application for You to choose from, as and when modified.

3. This License will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the initial version of the Licensed Application, unless a separate License is provided for such update, in which case the terms of that new License will govern.

4. You may not share, sell, rent, lend, lease or otherwise redistribute the Licensed Application or make the Licensed Application available to third parties (beyond the degree allowed by the Usage Rules, and with GCAP's prior written consent).

5. You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with GCAP's prior written consent).

6. You may not copy (excluding when expressly authorized by this License and the Usage Rules), or alter the Licensed Application or portions thereof. You may download the application on other devices that You own or control, under the terms of this License, the Usage Rules, and/or any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to the content on the Licensed Application at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.     

7. Violations of the obligations under this License Agreement, as well as the attempt of such infringement, may be subject to prosecution and damages.

8. Licensor reserves the right to modify the terms and conditions of licensing.

9. Nothing in this License Agreement should be interpreted to restrict third-party terms. When using the Licensed Application you must ensure that You comply with applicable third- party terms and conditions.
   
   

10. Subscriptions

  Subscription Plans for Students

           Monthly PRO Plan:

Our Monthly PRO Plan offers students full access to all features, including all subjects and grades, MCQs, videos, notes,olympiads,JEE, leaderboards, pre-added schoolmates, live contests, answer sheets, and various dashboards for 30 days.

Yearly PRO Plan:

The Yearly PRO Plan provides the same comprehensive access to all features as the monthly plan, but for a full year.

           Free Trial (15 Days):

A free 15-day trial provides unlimited access to all the features. 

           Free Plan (6 Months)

After the free trial, you'll get a free plan for 6 months. In this plan, some features like the leaderboard, answer sheets, and advanced levels in Animalscape, access to my school and report card will be locked. But you can still access grades,subjects,Videos,MCQ,notes,GK,JEE,Olympiads, personalized dashboard, live contest and play Animalscape below level 10.

          Subscription Plans for Teachers

Monthly PRO Plan:

The Monthly PRO Plan provides teachers with full access to all features for 30 days. This includes all subjects and grades, MCQs, videos, notes,subject and global leaderboards, pre-added groups, live contests, student answer sheets, assignments,Quiz and various dashboards.

Yearly PRO Plan:

The Yearly PRO Plan offers the same full access to all features as the monthly plan, but for a year.

Free Trial (15 Days):

A free 15-day trial offers teachers unlimited access to all features.

Free Plan (6 Months)

After the free trial, you'll get a free plan for 6 months. In this plan, some features like Unlimited access to competency based Sub Groups, access to upload Private Content with privacy, Unlimited Access to Assignments, Quizzes with previous Records, access to Teacher & Content Specialist Leaderboards,  access to Students’ Answer sheets and Report Cards, access to progress report will be locked. But you can still have unlimited Access to My Groups, unlimited Access to Smart Classes, unlimited Access to Subjects & Grades and Chapter video, MCQs & notes, limited Access to Animalscapes and Jumbled words up to 10 levels, unlimited access to Olympiads  and Competitive Exam GK, unlimited access to  JEE, pre-organized grade-wise groups of your school, access to upload Global content with privacy, participation in live contests and personalized dashboard. 

Note: Subscription plans renew automatically unless canceled before the renewal date. Users can modify or cancel their subscription anytime through account settings

11. "We may occasionally offer special promotional offers, plans, or subscriptions (Introductory Promotional Offers)."Offer eligibility is determined by GCAP at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of existing or recent GCAP subscription may not be eligible for certain introductory promotional offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent GCAP subscription to determine Offer eligibility.

12. Billing & Cancellation
    12.1. Billing:
    a) The Subscription Fee and any other charges incurred will be charged to your Payment Method. Details are available in your "View subscription in Play Store or App Store" page.
    b) Scholar Planet reserves the right to change or remove any Subscription Fee-based Content or Services. We will notify the users through email/notification in any case.
    12.2. Cancellation & Refunds:
    a) Payments are non-refundable, and we do not provide refunds or credits for unwatched/purchased Content or unutilized Services.
    b) You will not receive a refund for the current subscription period and will continue to receive Services until the end of the current Subscription period.
    c) Please refer to google play / App store cancellation and refunds policy for more details.
    Apple subscriptions and billing: https://support.apple.com/en-in/billing
    Refunds on Google Play: https://support.google.com/googleplay/answer/2479637?hl=en

13. Changes to the Price and Subscription Plans
    
    We may change our subscription plans and the price of our service from time to time. However, any price changes or changes to the subscription plans will be reflected in the Licensed Application and our website.

3. TECHNICAL REQUIREMENTS

1. The Licensed Application requires firmware version as follows: iOS version 13.0 and above, Android 10 and above or higher. Licensor recommends using the latest version of firmware.

2. Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update. The Licensor may impose requirements of additional payments to obtain updated versions of the Licensed Application. 

3. You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

4. Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4) MAINTENANCE AND SUPPORT

1. The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address: support@gcapworld.com. The Licensor will attempt to provide support services to the best extent possible but does not warrant to comply with any special standards of service, as prevalent in any jurisdiction.      

2. GCAP and the End-User acknowledge that the Stores have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5) USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal & device information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: Privacy Policy

6) USER-GENERATED CONTRIBUTIONS

The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Licensed Application. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary Licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.

4. Your Contributions are not false, Inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us) or words/similar words illustratively mentioned in the link: Unacceptable Words.

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

    
    

    
    

Any use of the Licensed Application in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application through any form, media, or technology now known or hereafter developed, You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and images you provide. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, publish, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. 

8. LIABILITY

1. Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Licensor shall be liable only in case of a breach of essential contractual duties (cardinal obligations). In any case, liability, whether direct or indirect, shall be limited to USD 50 (United States Dollars Fifty Only) in all jurisdictions. No additional amounts will be payable.

2. Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement.

3. You are aware that in case of unauthorized alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application, and may be liable to pay for damages.

9 WARRANTY

1. Licensor attempts to ensure that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download, but does not provide any guarantee of the same. Licensor endeavors to ensure that the Licensed Application works as described in the user documentation. Users must exercise due caution and screen for any potential malware on their end.

2. No warranty is provided for the Licensed Application that is not executable on a device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of GCAP's sphere of influence that affect the executability of the Licensed Application.

3. You are required to inspect the Licensed Application immediately after installing it and notify GCAP about issues discovered without delay by email (support@gcapworld.com) provided in Contact Information. The defect report will be taken into consideration and further investigated & remedied, if required, provided it has been emailed within a period of two (2) days after discovery.

4. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Stores, and Your Licensed Application purchase price will be refunded, if paid by You. To the maximum extent permitted by applicable law, the Stores and GCAP will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence, or have the obligation to adhere to any warranty.

5. If the user is a commercial user, no liability is provided. The statutory periods of limitation given by law apply for users who are consumers. 

10. PRODUCT CLAIMS

GCAP and the End-User acknowledge that GCAP, and not the Stores, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to::

1. Product liability claims.

2. Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement.

3. Claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application's use of the HealthKit and HomeKit.

Monthly Subscription Service:

1. For the "Monthly" subscription Service (PRO), monthly installment payments will be billed to the Payment Method provided until canceled.

2. You must cancel your subscription before its auto-renewal date to avoid billing for the next month's subscription fee.

Yearly Subscription Service:

1. For the "Yearly" subscription service(PRO), yearly installment payments will be billed to the Payment Method provided until canceled.

2. You must cancel your subscription before its auto-renewal date to avoid billing for the next year's subscription fee.

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and that You are not listed on any US Government list of prohibited or restricted parties.

12 CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact: support@gcapworld.com

13. TERMINATION

The License is valid until it expires or is terminated by GCAP or by You. Your rights under this License will terminate automatically and without notice from GCAP if You fail to adhere to any term(s) of this License. Upon License expiry or termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

GCAP represents and warrants that GCAP will comply with applicable third-party terms of agreement when using Licensed Application. In Accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User License Agreement', both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

15. INTELLECTUAL PROPERTY RIGHTS 

GCAP and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, GCAP, and not the Stores, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement 

16. APPLICABLE LAW

This License Agreement and the use of the Licensed Application is governed by the laws of India excluding its conflicts of law rules. Users accept that they specifically waive any legal rights which may be available to them under their local laws when they accept this Licensed Agreement and use the Licensed Application. Any disputes arising from the usage of this Application shall be subject to the exclusive jurisdiction of courts at New Delhi.

17. MISCELLANEOUS

1. If any of the terms of this agreement should be or become Invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

2. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

3. Any use of the Licensed Application in violation of this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application. GCAP also reserves the right to pursue any other remedies to protect its rights. 

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