TERMS OF USE

1. Introduction

Welcome to PenStack (“EduApp”, “we”, “us”, or “our”). EduApp is a digital learning platform developed to host, manage, and distribute educational content to learners via smartphones, tablets, and computers, with minimal dependence on high-speed internet connectivity.
This Website serves to showcase our offerings, allow users to engage with our services and content, and provide relevant contact information. These Terms of Use (“Terms” or “Agreement”) govern your access to and use of our Website, application, services (“Services”), and any associated devices or platforms (“Products”).
By accessing or using EduApp, you (“User”, “you”, or “your”) confirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Notice. If you do not agree to these Terms, please refrain from using our Services or Products. Note: Headings in this document are for ease of reference only and do not affect the interpretation of the Terms.

2. Minimum Age Requirement

Our Services are available only to individuals aged 18 and above. If you are under 18, you must obtain consent from a parent or legal guardian before using our platform. By signing up, you confirm that such consent has been obtained.

3. Acceptance of Terms

By registering or using our Services, you agree to be legally bound by these Terms and our Privacy Notice. If you are using EduApp on behalf of a minor, you agree to be responsible for the minor’s use of the Services. Accessing third-party features (e.g., chat, email) through EduApp may also be subject to additional third-party terms. You accept those by using such features. You may request a written copy of this Agreement by emailing: eduapp@bluechiptech.biz with the subject line: “Request for Terms of Use”.

4. Services Overview

EduApp provides access to educational materials through a tiered freemium subscription model. Registered users can upgrade to premium to access enhanced features and content.

5. Subscription & Payment

Subscription becomes active upon receipt of payment or confirmation of bank transfer and lasts for the designated period. Payment methods include debit/credit card, bank transfers, and cheques. You authorize us to charge your payment method for recurring fees. All prices are subject to change. Where changes occur, you will be notified prior to renewal. Users are responsible for all applicable taxes.

6. No Refund Policy

All purchases and subscriptions are non-refundable. Kindly ensure accuracy before completing your transaction. For assistance, contact our support team.

7. User Conduct

Users agree to use this Website, Application, and Services solely for lawful purposes. You must not post, transmit, or otherwise make available any content or engage in any activity that:

• Violates or infringes upon the rights of others, including intellectual property, privacy, or publicity rights
• Is unlawful, threatening, abusive, defamatory, harassing, vulgar, obscene, profane, or otherwise objectionable
• Encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation

EduApp strictly prohibits any behavior that, at its sole discretion, restricts or inhibits other Users from accessing or enjoying the Website, Application, Products, or Services. This includes, but is not limited to:

• Using the Website for advertising, promotional activities, or any form of commercial solicitation
• Soliciting Users to subscribe to or engage with competing online services or platforms

Suspension and Termination of Access

EduApp reserves the right to deny, suspend, or terminate Your access to any part of the Services or Products without prior notice under the following circumstances:

1. Unauthorized Use: Immediate termination for any unauthorized access to or use of the Services
2. Assignment of Rights: Immediate termination if You attempt to assign or transfer any rights granted under this Agreement
3. Violation of Terms: Immediate termination upon report or discovery of Your breach of this Agreement or any other applicable policy available on EduApp’s platforms

8. Use of Services

Your access to and use of our Products, Website, Application, and Services is strictly limited to personal, non-commercial purposes. Any use beyond this scope is expressly prohibited. By using our Services, you agree to comply with the following restrictions:

• Intellectual Property Compliance: You must not use any material, including images, text, or other content made available through the Services, in a manner that infringes upon any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
• Prohibited Uploads: You may not upload or transmit files that contain viruses, malware, worms, corrupted files, or any other software or programs that may harm or disrupt the functionality of our systems or Services.
• Tampering with Rights Information: You must not falsify, remove, or alter any copyright management information, including author attributions, legal notices, proprietary labels, or origin/source identifiers contained in uploaded materials.
• Automated Access Restrictions: You are prohibited from using deep links, page-scraping, robots, spiders, or any automated or manual processes to access, acquire, copy, monitor, or reproduce any part of the Website or Application, or to circumvent its navigational structure or presentation.
• User Interference: You must not interfere with or restrict another User’s ability to access and enjoy the Services or Products.
• Conduct and Compliance: You agree not to violate any applicable laws, regulations, or codes of conduct relevant to the use of our Services or Products.
• Unauthorized Data Use: You may not use, download, copy, or distribute any directory of Users or other usage data, whether in whole or in part, for any purpose, including commercial use or data mining.

We reserve the right to monitor all content, feedback, and submissions posted by Users on our Website or Application. Any material found to be in violation of these Terms may be removed, and the responsible User may be suspended or restricted from further use of our Services.

9. Live Chat and Homework Help: Terms of Usage

At EduApp, we are committed to creating a safe and respectful learning environment for all our learners. To ensure a great learning experience for everyone, we request that all learners follow these guidelines when using the live chat and the homework help features.

• Use the chat room for topic-related conversations and post only relevant information to avoid distractions.
• Avoid using derogatory/abusive/foul language at all times: Use polite and respectful language when interacting with fellow learners and tutors.
• Do not share explicit/unsolicited images when communicating with a tutor on the chat feature.
• When using the chat features, ask direct questions without pleasantries. This helps tutors focus on providing you with instant and effective answers.
• Ask academic-focused questions: Ask questions related to academic topics and your assignments to make the most of your EduApp experience.
• Protect your privacy: Refrain from sharing your personal details (e.g., phone number, login details, house address, emails, etc.) with other learners in a chat room or when communicating with a tutor on the homework help feature.

Note that violating these guidelines leads to the temporary suspension or permanent deactivation of your EduApp account without a refund.

10. Intellectual Property

All present and future rights, title, and interest in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any kind—whether under the laws of Nigeria or any other jurisdiction—related to the services provided through this Website (collectively, the “Intellectual Property Rights”) shall vest exclusively in EduApp.

Ownership and Protection

The content of this Website—including but not limited to software, technology, data files, techniques, algorithms, methods, source code, logos, marks, trade secrets, designs, text, graphics, images, audio and video files, and other copyrightable materials—is protected as a collective work or compilation under Nigerian copyright law and applicable international treaties and conventions. All individual content, modules, articles, and software available on or used to operate this Website are and shall remain the sole property of EduApp, except for third-party materials used in the creation of content. All trademarks, service marks, product names, company names, and logos displayed or referenced on this Website are the property of their respective owners. Users may not use such marks without the prior written consent of the rightful owner. Reference to any third-party products, services, processes, or other information by trade name, trademark, manufacturer, or supplier does not imply endorsement, sponsorship, or recommendation by EduApp.

User Obligations

You agree to:

• Comply with all applicable copyright and intellectual property laws
• Respect any additional copyright notices or restrictions displayed on this Website
• Acknowledge that this Website is developed, compiled, and maintained by EduApp and its affiliates, and constitutes their intellectual property
• Protect the proprietary rights of EduApp and its affiliates during and after the term of this Agreement
• Cooperate with reasonable written requests from EduApp or its licensors regarding the protection of their rights.

If You become aware of any unauthorized use or access to this Website or its content, You agree to promptly notify EduApp in writing to help safeguard the rights of EduApp and other Users.

Restrictions on Use

Except as expressly permitted under these Terms, You may not:

• Copy, reproduce, distribute, modify, or create derivative works from any part of this Website or its content
• Exploit any portion of the Website through any current or future technology without prior written consent from EduApp
• Upload, post, or otherwise make available any content protected by copyright, trademark, or other proprietary rights without the express permission of the rights holder

You are solely responsible for any content you submit to the Website. By submitting material, you represent and warrant that you have obtained all necessary rights and permissions. You also grant EduApp a royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and incorporate such material into other works in any form, media, or technology now known or developed in the future, for the full duration of any applicable copyright.

11. Changes to Terms

We reserve the right to amend these Terms. Material changes will be communicated via email or pop-up notices. Continued use constitutes acceptance of any changes.

12. Termination

You may terminate or suspend Your subscription at any time through Your profile management page. Upon termination, we will deactivate Your account and delete all the materials uploaded or transmitted to Us in the course of Your use of Our Products and Services. Once We confirm termination, you will not be charged for the next subscription and will not be entitled to a refund of any money already paid for any billing period, except where such request was made within the allowed refund request window. We may terminate Your subscription at the end of Your billing period by providing at least 14 days’ written notice to You. Additionally, EduApp may terminate these Terms at any time before the end of a billing period and without prior notice if:

1. You are in breach of the terms of these Terms;
2. You are unable to pay your subscription fees for 30 days after the due date;
3. We are investigating suspected misconduct by You;
4. You have used the Services in a way that causes legal liability to Us or disrupts the use of Our Services by other users;
5. You use this Website for any of the prohibited purposes or upload any of the prohibited materials.

In the event that We limit, suspend, or terminate Our services, we will endeavour to give You advance notice and an opportunity to export a copy of Your Content from Our Website. However, in the event of a violation of the provisions of these Terms or any applicable law, we may decide that We need to take immediate action to suspend Your account without notice.
We will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension implemented in line with these Terms and as needed to resolve the issue that prompted such action. EduApp may, subject to the provision of the law as to retention or right to be forgotten, retain Your Content upon termination of Service, but We are not under any obligation to do so.

13. Account Security

Users are responsible for safeguarding their login credentials. Notify us immediately of any unauthorized activity. We are not liable for any loss due to unauthorized account access.

14. Disclaimer & Limitation of Liability

Disclaimer of warranty and limitation of liability:

1. The User expressly agrees that the use of this Website is at the User’s sole risk. Neither EduApp, its affiliates nor any of Our respective employees, agents, third-party service providers, or licensors warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, reliability or content of any information and service provided through this Website.
2. This Website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for any particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.
3. This disclaimer of warranty and limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.
4. We disclaim liability for any errors or inaccuracies which may occur or be contained in any material despite our best effort to offer the current and correct information in the preparation of Our Application/Website/Services/Products. Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on the Application/Website/Services/Products for any particular purpose.
5. We reserve the right to remove, review, edit, or delete any content at any time. Also, certain contents in the Application/Services/Website/Products may contain opinions and views. EduApp shall not be responsible for such opinions or any claims resulting from them. Further, EduApp makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
6. We may contact Our Users through SMS, email, and call, to give information about Our Products as well as notifications on various important updates and/or to seek permission for a demonstration of Our products. You agree to receive these periodic messages.
7. Upon registration through any means whatsoever, EduApp may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable the effective provision of Our Services. The User expressly permits EduApp to contact them and the student(s) utilizing the Services, through the above-mentioned means at any time post-registration.
8. EduApp Products and/or Services are compatible only with certain devices/tablets/instruments/hardware. EduApp shall not be obligated to provide workable products and/or services for any instruments that are not recognized by EduApp or those instruments that may be purchased from any third party which are not compatible with EduApp’s products and services. Also, you agree that any defect relating to any devices/tablets/instruments/hardware used to access Our Services or Products shall be reported to the manufacturer whose details shall be specified on the packaging and EduApp shall not be responsible for the such defect in any manner.
9. Minors, un-discharged, or insolvent persons are not eligible to register for Our products or Services. Where a minor wish to use Our products or Services, such use shall be made available to the minor by his/her legal guardian or parents, who has agreed to these Terms. It is assumed that a minor who utilizes Our Services has obtained their legal guardian’s or parent’s consent and that such use is made available by the legal guardian or parents. EduApp will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/Products provided. Where it is discovered that a User is under the age of 18 (eighteen) years, EduApp reserves the right to terminate the User’s subscription and/or refuse to provide the User with access to the Products or Services

15. Notices & Communication

EduApp may contact users via email, SMS, or phone for support, updates, or promotional purposes.

16. Miscellaneous

Force majeure:

 We shall not be responsible for any failure or delay in performance due to circumstances beyond Our control, including, without limitation, acts of God, war, riot, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third-party service providers (including providers of internet services and telecommunications). If you are affected by any such event, you shall notify Us within a maximum of seven (7) days from the day you became aware. The performance of these Terms shall then be suspended for as long as any such event shall prevent Us from performing Our obligations under these Terms.

Third-Party Links:

 Third-Party links will take You out of this Website. The linked websites are not under the control of EduApp and We are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such Websites. EduApp provides these links to You only as a convenience, and the inclusion of any link does not imply endorsement by EduApp of the third-party website.

Applicable Law:

 These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

Indemnification:

 User agrees to defend, indemnify and hold harmless EduApp, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of EduApp by User or User’s Account.

References: 

The companies, organizations, products, domain names, email addresses, logos, people, and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.

Entire Agreement:

 These Terms, along with our Privacy Notice, constitute the full agreement between you and EduApp

Contact Us

For questions or concerns about these Terms or our Services, please contact us at: eduapp@bluechiptech.biz