Terms of Service

Thank you for choosing Melearni. These Terms of Service ("Terms") govern your use of all Melearni products, software clients, and websites ("Services") offered by Melearni Limited. Please also refer to our Privacy Policy to understand how your data is handled, and review our Acceptable Use Policy to know your responsibilities while using our Services. By accessing or using Melearni, you confirm that you agree to these Terms and related policies. If you are using Melearni on behalf of a school, company, or other organization, you are accepting these Terms for that organization.

Effective: May 25th, 2024

Definitions

AI (Artificial Intelligence): Software systems designed to mimic human cognitive functions like problem-solving, reasoning, and learning.

AI LLM (Large Language Model): An advanced AI system trained on vast datasets to generate fluent, human-like text, assist with language translation, content creation, and information queries.

Usage License

Melearni offers you a limited, non-transferable, non-exclusive right to use the Services, under these Terms and any applicable institutional agreements. You agree not to:

Duplicate any part of the Services or their interface

Use the Services to transmit illegal or unauthorized content

Try to access parts of the system without permission

Reverse engineer or deconstruct the Services (except where legally allowed)

Privacy

Our current Privacy Policy (available at www.melearni.com/privacy-policy) is part of this agreement. By using Melearni, you consent to how we collect and use your data as detailed in the Privacy Policy and any relevant agreements your institution has with Melearni.

GDPR Compliance

Melearni’s services comply with the EU General Data Protection Regulation (GDPR) and include a Data Processing Agreement (DPA). This agreement includes Standard Contractual Clauses (SCCs) and supersedes previous data agreements.

Your Content and Permissions

Your content remains yours. We only require limited rights to store, process, and display your files (“Your Files”) so that our Services work as intended. These actions may include previewing, sharing, or generating thumbnails. By using Melearni, you give us (and select partners) permission to perform these necessary actions.

Content Sharing

You can share Your Files through melearni’s features. Please share responsibly.

Content from AI LLM Tools

Content created using AI LLMs within Melearni belongs to you. We do not use such content for marketing, training, or system development. You are fully responsible for how AI-assisted content is used or modified.

Your Responsibilities

You’re accountable for your activity, content, and compliance with the Acceptable Use Policy. melearni does not review all content but may intervene in cases of violations. Please secure your password and keep your account info accurate. By using melearni, you confirm you are at least 13 years old or have permission from a parent or school.

AI Feature Use

  • User Accountability: Teachers or authorized users are responsible for ensuring AI use aligns with applicable laws and school policies.
  • Admin Oversight: School administrators may enable or disable AI features platform-wide.
  • AI Off Mode: If AI tools are disabled, no data will be sent to LLMs, and some features may have limited functionality.

Client Software

Some Melearni tools may require you to download Software, which will update automatically. You are granted a revocable, limited license to use this Software only to access melearni Services. Some parts may be covered under open-source licenses which may override these Terms.

Melearni Library

Educators can access and use resources like templates and lesson materials (“Templates”) from the Melearni Library for classroom use or sharing. You may not resell or commercially distribute Templates.

Melearni Intellectual Property

All elements of melearni, including logos and trademarks, remain our property. Feedback you provide is appreciated and may be used by melearni with no obligation to compensate you.

Copyright

Respect intellectual property rights. If you believe your copyrighted material is being used unlawfully via Melearni, contact:

Copyright Agent
Melearni Limited

[email protected]

Premium Accounts & Billing

You can upgrade to a Premium Account with additional features. Charges apply from the activation date and renew periodically unless canceled. Applicable taxes will be added as required.

Downgrades
Your Premium access continues until canceled or terminated. Non-payment may result in suspended or downgraded services.

Pricing Updates
Melearni may update prices with at least seven days’ notice via email.

Using melearni for Work

If you use Melearni through an employer or organization, administrators may control access and manage your data within that account. They can also limit or revoke access as per institutional policies.

Service Termination

You can leave melearni anytime. melearni may suspend or terminate accounts that violate these Terms or are inactive for 12 months (non-Premium). A notice will be sent to your registered email beforehand.

Disclaimer of Warranties

Melearni Services are provided “as is.” We make no guarantees regarding their performance or reliability, and disclaim warranties to the extent permitted by law.

Indemnification

You agree to indemnify and protect melearni and its representatives from any claims or damages resulting from your breach of these Terms or misuse of the Services.

Liability Limitations

To the fullest extent allowed, melearni is not liable for:

Indirect, incidental, or consequential damages

Total liability exceeding $20 or the amount paid to melearni in the past 12 months

AI Usage Caveats

AI tools have limitations. Relying solely on AI-generated content is not advised. These features are offered "as is" without warranties.

DMCA Compliance

If your copyrighted content has been improperly used via melearni, submit a formal DMCA notice to [email protected] including:

  1. Your contact details
  2. Description of the copyrighted work
  3. Description of the infringing content
  4. Your good faith belief and legal authority
  5. Your signature
  6. A declaration of the accuracy of your claim

Dispute Resolution

Try Resolution First: Contact us at [email protected] before pursuing legal action. We’ll aim to resolve the issue informally.

Arbitration Agreement: Disputes not resolved informally may proceed to binding arbitration, unless exempt under the next section.

Opt-Out Option: You may opt out of arbitration within 30 days of accepting the Terms.

Venue: Arbitration will occur in New Zealand unless another location is mutually agreed.

Exceptions: Claims for small claims court or urgent injunctions (e.g., IP issues) may bypass arbitration.

Legal Jurisdiction

If arbitration is not applicable, both parties agree to submit to the jurisdiction of courts in New Zealand.

Force Majeure

Melearni is not liable for service disruptions due to events beyond our control—natural disasters, conflicts, outages, or other unforeseen incidents.

Waiver & Severability

If a clause in these Terms is found unenforceable, the rest still apply. You may not transfer your rights under these Terms; melearni may assign rights to affiliates or successors.

Third-Party Rights

These Terms are not intended to benefit any third parties.

Governing Law

These Terms are governed by the laws of New Zealand.

Entire Agreement

These Terms represent the full agreement between you and melearni, replacing any prior agreements.

Amendments

Melearni may update these Terms occasionally. Substantial changes will be communicated via email or site notices. Continued use means acceptance of the revised Terms.

AI Feature Modifications

Melearni may adjust, enhance, or discontinue AI tools at any time. Significant changes will be communicated where feasible.