Terms and Conditions

TERMS AND CONDITIONS

Last Updated: NOVEMBER 11, 2023

Our Terms and Conditions (hereinafter, "T&C") constitute a legally
binding agreement between SchoolPsychologist.com [https://SchoolPsychologist.com]
(hereinafter, "Us", "We" or "Our") and you (hereinafter, "User,"
"Users," "your," or "yours"). Your use of our App shall be governed by
the following T&C.

IF YOU ARE A CHILD UNDER 13 years old (or such greater age required in
your country or territory for you to be authorized to register for and
use our App without parental approval), you are allowed to use our App
only after your parent or guardian has red and accepted these T&C for
you.

REGISTRATION

You agree to provide accurate information regarding your phone number,
email address and any other additional information, whilst registering
for our App. Should any of your details change, you shall immediately
adjourn your data and notify us via email at ERIC@BOREDHUMANS.COM. You
agree to receive for security reasons text messages and phone calls
(from us or our third-party providers) with codes to register for our
App.

AGE

You must be at least 13 years old to register for and use our App (or
such greater age required in your country or territory for you to be
authorized to register for and use our App without parental approval)
and having red these T&C with your parent or guardian. In addition to
being of the minimum required age to use our App under applicable law,
if you are not old enough to have authority to agree to our T&C in
your country or territory, your parent or guardian must agree to our
T&C on your behalf. Please ask your parent or guardian to read these
T&C with you. In any case we reserve ourselves the right to suspend
and cancel your account unilaterally and without notice if we have a
reasonable doubt that you do not have the legal minimum age to use our
App.

DEVICES AND SOFTWARE

You may need to provide certain devices, software, and data
connections to use our App, which we otherwise do not supply. In order
to use our App, you consent to manually or automatically download and
install updates to our App You also consent to our sending you
notifications via our App from time to time, as necessary to keep our
App functional for you.

You may purchase products from our App and/or subscribe to a
subscription plan. Our App may offers subscription plans, in-App
purchases and promotions.

The subscription plan types, names and prices may change occasionally.
For all subscription plans, payment occurs on a pre-pay basis. The
amount you are to pay and the length of your subscription will depend
on the subscription plan you choose.

We reserve the sole right to change pricing without notice or cause
and you are required to keep checking the link above.

USE

You agree to only use our App under the following conditions:

* you may only use our App for your own personal, non-commercial
purposes – if you are a company or another business entity
whatsoever you are in any case requested to state so, even if you plan
to use our App for non-commercial purposes;
* you may upload data, text, information, screen names, graphics,
photos, profiles, audio and video clips, links (hereinafter, the
"Content") on our App;
* you may only use our App in good faith, and in compliance with
Applicable laws.

You agree not to, and you shall not permit others to:

* license, sell, rent, lease, transfer, assign, distribute,
transmit, host, outsource, disclose or otherwise commercially exploit
our App or make our App available to any third parties;
* copy or use our App for any purpose other than your own personal,
non-commercial purposes;
* copy or use our App to facilitate any criminal activity, including
but not limited to hacking;
* modify, make derivative works of, disassemble, decrypt, translate,
reverse compile or reverse engineer any part of our App;
* abuse, harass, threaten, impersonate or intimidate other Users of
our App;
* post nude, partially nude, sexually suggestive photos, or
otherwise any other illegal and/or discriminatory Content on our App;
* use our App for any illegal or unauthorized purpose. International
Users agree to comply with all local laws regarding online conduct and
acceptable content;
* violate any laws in your and our jurisdiction (including but not
limited to copyright laws) in the use of our App;
* transmit any worms or viruses or otherwise any code of a
destructive nature on our App.

You are the solely responsible for any activity that occurs under your
account and for keeping your password secure.

PRIVACY

All material and services available and/or provided by our App, its
affiliates, employees, licensors or other commercial partners
including, but not limited to: our logo, visual designs or other
materials and components are the property of our App or other parties
that have licensed their material or provided services to us. Such
material and services are duly protected by registered and
unregistered copyright, trademarks, trade secrets, design and such
other intellectual property laws as may be applicable in your country,
and may not be duplicated under any circumstances, or used other than
for your personal non-commercial use, or otherwise than described in
these Terms and Conditions or our Privacy Policy.

We care about data privacy and security. Please review our Privacy
Policy at https://SchoolPsychologist.com/privacy.php . By using our App, you
agree to be bound by our Privacy Policy, which is incorporated into
these T&C. Please be advised the Site is hosted in the UNITED STATES.
If you access the Site from the USA, Canada, EU, Asia, or any other
region of the world with laws or other requirements governing personal
data collection, use, or disclosure that differ from applicable laws
in UNITED STATES, then through your continued use of the Site, you are
transferring your data to UNITED STATES, and you expressly consent to
have your data transferred to and processed in UNITED STATES. If you
do not agree with such transfer of data, you should immediately
refrain from using our App and notify us in order to delete your data.
Further, we do not knowingly accept, request, or solicit information
from children or knowingly market to children. We only collect
information from children after obtaining prior consent from their
parents or guardians and reserve ourselves the right to suspend or
delete your account if we suspect such consent is not authentic.
Therefore, in accordance with the U.S. Children’s Online Privacy
Protection Act and EU GDPR Reg. 679/2016 recitals 38 and 58, if we
receive actual knowledge that anyone under the age of 13 has provided
personal information to us without the requisite and verifiable
parental consent, we will delete that information from the App as
quickly as is reasonably practical.

LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL,
SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO,
ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR
APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN
CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE
GREATER OF ONE HUNDRED DOLLARS ($100) AND 100% OF THE PRICE PAID, IF
APPLICABLE. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION
OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE
DISCRETIONARY EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR
ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO
YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH
CASES, THE LIABILITY OF SchoolPsychologist.com [https://SchoolPsychologist.com] WILL BE
LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SchoolPsychologist.com
[https://SchoolPsychologist.com] from and against all liabilities, damages,
losses, and expenses of any kind (including reasonable legal fees and
costs) relating to, arising out of, or in any way in connection with
any of the following: (a) your access to or use of our Services,
including information provided in connection therewith; (b) your
breach or alleged breach of our Terms; or (c) any misrepresentation
made by you.

You will cooperate as fully as required by us in the defense or
settlement of any claim.

DISPUTE RESOLUTION

In compliance with the EU-US Privacy Shield Principles and the
Swiss-US Privacy Shield Principles, we commit to resolve complaints
about your privacy and our collection or use of your personal
information. European Union, United Kingdom, or Swiss individuals with
inquiries or complaints regarding this terms of service should contact
us by email at ERIC@BOREDHUMANS.COM or by any other available method
available in the CONTACT US section.

SchoolPsychologist.com [https://SchoolPsychologist.com] has further committed to refer
unresolved privacy complaints under the EU-US Privacy Shield
Principles and the Swiss-US Privacy Shield Principles to an
independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD,
operated by BBB National Programs. If you do not receive timely
acknowledgment of your complaint, or if your complaint is not
satisfactorily addressed, please visit
https://bbbprograms.org/privacy-shield-complaints/ for more
information and to file a complaint. This service is provided at no
cost to you. Please do not submit GDPR complaints to BBB EU Privacy
Shield.

If your EU-US Privacy Shield complaint cannot be resolved through
these described channels, under certain conditions, you may invoke
binding arbitration for some residual claims not resolved by other
redress mechanisms. To learn more, please view the Privacy Shield
Annex 1 at
https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

DISCLAIMER: WARRANTY

To the extent permitted under Applicable laws, you acknowledge that we
provide the App "as-is" without any warranty of any kind, express or
implied, and to the maximum extent permitted by Applicable law. We
disclaim all warranties, whether express, implied, or statutory,
including but not limited to, warranties of merchantability, fitness
for a particular purpose, title, quiet enjoyment, accuracy, and
non-infringement. We do not guarantee any specific results from the
use of our App. We make no warranty that the App shall be
uninterrupted, free of viruses, or other harmful code, timely, secure
or error or bug free.

AMENDMENTS

We reserve the sole right to amend, repeal, modify, replace, terminate
or make changes to this T&C, and the App without notice, from time to
time. If we make material changes to this T&C, or the App, we shall
– if possible - notify you by sending you an e-mail at your primary
email address or in any other way convenient for us., as mentioned in
your account details. Any changes to this T&C, or App, shall be
effective immediately for new users of our App; otherwise these
changes shall be effective upon the earliest of thirty (30) calendar
days following our dispatch of an e-mail notice to you; if you do not
want to agree to such changes, you shall refrain from using the App
and delete your account unless otherwise provided in the
aforementioned notice. You are responsible at all times for updating
your Account to provide to us your most current e-mail address. If the
last e-mail address that you have provided to us is not valid, or for
any reason is not capable of delivering the notice described above,
our dispatch of the e-mail containing such notice shall nonetheless
constitute effective notice of the changes. Continued use of the App
following notice of such changes shall indicate your acknowledgement
of, and T&C to be bound by, such changes.

SEVERABILITY AND DISCLAIMERS

Neither the rights nor the obligations arising under this T&C are
assignable by you, and any such attempted assignment or transfer shall
be void and without effect. We reserve the right to freely assign this
T&C.

The United Nations Convention on Contracts for the International Sale
of Goods shall not apply to this T&C. Any notice to you may be
provided by email to the address you have registered with us. We shall
have no responsibility to provide maintenance or support services with
respect to the App.

If any provision of this T&C is unenforceable, such provision shall be
interpreted to accomplish the objectives of such provision to the
greatest extent possible under applicable law and the remaining
provisions shall continue in full force and effect.

All waivers by us shall be effective only if in writing, there
included this T&C. Any waiver or failure by SchoolPsychologist.com
[https://SchoolPsychologist.com] to enforce any provision of this T&C on one
occasion shall not be deemed a waiver of any other provision or of
such provision on any other occasion.

You acknowledge that the App contains valuable trade secrets,
trademarks, copyrights, proprietary information and other intellectual
properties of SchoolPsychologist.com [https://SchoolPsychologist.com] , that any actual
or threatened breach of any section of this T&C that may constitute
irreparable harm to SchoolPsychologist.com [https://SchoolPsychologist.com] shall be
liable to any and every damages, including but not limited to,
incidental damages, consequential damages, nominal damages, liquidated
damages, punitive damages, monetary or any special kind of damages
permitted by applicable laws, as an appropriate remedy for such
breach. This T&C and the Terms constitute the final, complete, and
exclusive agreement between the parties regarding the App and
supersede all prior or contemporaneous agreements, understandings, and
communication, whether written or oral.

If any provision of these T&C is unenforceable, such provision shall
be interpreted to accomplish the objectives of such provision to the
greatest extent possible under applicable law and the remaining
provisions shall continue in full force and effect.

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CONTACT US

For any questions or queries regarding this Terms of Service, please
feel free to contact us:

ERIC@BOREDHUMANS.COM