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Terms and Conditions


The Gyan website and mobile application and related services, including software, content, and Language Proficiency Assessment Services (the Service or Service or Services) are operated by Gyan Inc. Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, the User (User or Users) represents that they have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. If the User does not agree to abide by these Terms and Conditions, the User is not authorized to use, access or participate in the Service. Gyan offers some free content and features, but it is not completely cost-free. Services that are only offered for payment are clearly detailed and marked. To allow for a high standard of technology and learning material, fees are necessary. However they are not charged without explicit warning to the User. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.


Users represent and warrant to Gyan that their access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of the Commonwealth of Massachusetts, USA.


When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.



User will not use, display or otherwise provide on or through the Service any content that: (a) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); or (b) in Gyan’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Gyan or its users to any harm or liability of any kind.



User agrees to defend, indemnify, and hold harmless Gyan Inc., and its directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities, and damages whatsoever, including attorneys’ fees, arising out of or relating to User’s access or use of the Service.



Subject to these Terms and Conditions, Gyan grants the User a non-transferable, non-exclusive license to download, install, access, and use, as applicable, one copy of the Service in object code form on an interactive wireless device or a computing device that User owns or controls. User may not derive or attempt to derive the source code of all or any portion of the Service, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Service or any part thereof. Gyan and its licensors own and shall retain all intellectual property rights and other rights in and to the Service, and any changes, modifications, or corrections thereto.



The Service, including all images, audio files, and other content therein, and any other information, property, and rights granted or provided to User by Gyan are provided to User on an “as is” basis. Gyan and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, Gyan does not make any representation or warranty of any kind relating to accuracy, Service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the Service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to certain Users.


In no event shall Gyan be liable with respect to the Services for (a) Any amount in the aggregate in excess of the fees a User has actually paid to Gyan during the twelve (12) month period immediately preceding the event(s) giving rise to such liability; (b) Any lost profits, lost or damaged content, or other data; (c) Any direct, indirect, incidental, punitive, special, exemplary or consequential damages of any kind whatsoever. The User agrees that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the agreement between Gyan and the User. The User understands that the Service would not be provided without such limitations. Certain jurisdictions do not allow the limitation of certain damages, so some or all of this limitation of liability may not apply to those Users and such Users may have additional rights.


Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.


Gyan may terminate User’s access and use of the Service immediately at any time, for any reason, and at such time User will have no further right to use the Service. User may terminate their Gyan account at any time by following the instructions made available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Gyan proprietary rights, User representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.



All content available through the Service, including designs, text, graphics, images, information, software, audio, video and other files, and their selection and arrangement are the proprietary property of Gyan or its licensors. No Service or Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. User may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Service Content. As between User and Gyan, all data, information, and materials generated from User’s access and use of the activities made available on or through the Service shall be exclusively owned by Gyan and User shall not have any right to use such Materials except as expressly authorized by these Terms and Conditions. By using the Service, User hereby assigns to Gyan any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Gyan or its licensors that are not expressly granted in these Terms and Conditions are reserved to Gyan or its licensors.



“Gyan” and all other trademarks, Service marks, graphics, and logos used in connection with the Service are trademarks or Service marks of Gyan Inc. Access and use of the Service does not grant or provide the User with the right or license to reproduce or otherwise use the Gyan name or any Gyan or third-party trademarks, Service marks, graphics, or logos.



Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.



These Terms and Conditions, its subject matter and Gyan and Users’ respective rights under these Terms and Conditions shall be governed by and construed under the laws of the Commonwealth of Massachusetts, USA.



If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.


Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.


We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

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