IMPORTANT! If you are not of legal age to enter into a binding contract this does not apply to you, then you should ask your parent or guardian to read these terms and agree to them for you, before using Eska or providing us with any information. Please review this agreement with your parent or guardian so that you both understand how Eska works and what restrictions apply to your use of our app, website and services. Remember; always get an adult's permission before going online.

Terms of use

Thanks for using Eska!

We're glad you're here, but you must agree to certain rules before using our app, website, and services (“Services”). When we use the word "Services" we mean not only the Eska application, the eskalearning.com website, but also all other products, services and applications made available by SIMPLELOGIQ. If you have any questions, comments or concerns regarding these Terms or the Services, please contact us at contact@simplelogiq.com.

It's a contract?

Yes, you did your homework! These Terms of Service (the “Terms”) constitute a binding contract between you and SIMPLELOGIQ, Inc. (“Eska” and sometimes, when we feel particularly friendly, “you” and “us”). You must agree to all of the Terms, or you are not entitled to use our Services. Your use of the Services from Eska in any way means you agree to all of its Terms, and these Terms will remain in effect while you use Eska.
These conditions include the provisions of this document; Eska's privacy policies and Apple terms of application (don't worry, each is explained in more detail below).
Our services are constantly evolving, to meet the dynamic needs of learners around the world. Therefore, these conditions may also change. If they change, you are informed through a notification in the Eska app or by email. In certain situations (for example, where a change to the Terms is necessary to comply with legal requirements), we may not be able to give you prior notice. Changes to privacy policies will be provided in advance.
If you don't like the new Terms, you are free to decline them. Unfortunately, this means that you will no longer be able to use the Services. If you use the Services in any way after any change to the Terms becomes effective, please remember that this means you accept all of the terms except for changes from us as described here.No other amendment or modification of these Terms will be effective unless written and signed by you. Eska takes the privacy of its users very seriously. Find some information about the Children's Online Privacy and Protection Law below, as we get a lot of questions about it:
Children's Online Privacy and Protection requires that online service providers obtain parental consent before collecting personally identifiable information online from children under the age of 13. Therefore, we only collect personal information through the services of a child under the age of 13 when that student's school, district and / or teacher has agreed (through the conditions described in the following paragraph) to '' obtain parental consent for that child to use the services and disclose personal data to us, for the use and benefit of the tracking environment. If so, we will delete this information as quickly as possible. If you believe that a student under the age of 13 may have provided us with personal information in violation of this paragraph, please contact us as soon as possible at contact@eskalearning.com. You agree to use the Services only for your personal, internal, and educational use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, you are not authorized to use the Services. We cannot and will not be responsible for your use of the Services in a way that violates the law. Additionally, your use of the Services is subject to our Acceptable Use Policy, which describes what you can and cannot do with and on the Services. Read the Acceptable Use Policy carefully and be a good digital citizen at all times. A violation of the Acceptable Use Policy will be grounds for terminating your right to use or access the Services.

The contents

Items displayed or submitted on the Services (including, but not limited to, text, graphics, articles, photos, images, illustrations, User Submissions (defined below), etc.). The “Content” is protected by copyright and other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information and restrictions set forth in any content you access through the Services, and you will not use, copy, reproduce, modify, translate, post , broadcast, transmit, distribute, perform, download, display, license, sell or exploit for any purpose any content that does not belong to you, (i) without the prior consent of the owner of such Content or (ii) in a way that violates someone else's rights (including Eska's rights). You understand that Eska owns the Services. You will not modify, post, transmit, participate in the transfer or sale, reproduce (except as expressly provided in this section), creative derivative works based on, or otherwise exploit the Services.

User submissions

Anything you post, download, share, store or provide through the Services is your “User Submission”. Some user submissions are visible to other users. In order to display your User Submissions on the Services and enable other Users to enjoy them (if available), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our privacy policy as they relate to user submissions which are also your personally identifiable information.
For all User Submissions, you hereby grant Eska a license to translate, modify (for technical purposes, for example to ensure that your content is visible on your various terminals) and to reproduce this User Submission, in each case to enable us to operate the Services, as further described below. This is a license only - your ownership in User Submissions is not affected. If you store a User Submission in your own Eska Account, in a way that is not visible to any user other than you (a "Personal User Submission"), you are granting Eska the above license, as well as a license to view, perform and distribute your Personal User Submission for the sole purpose of displaying this Personal User Submission to you and to provide you with the services necessary to do so.
Finally, you understand and agree that Eska, in taking the technical steps required to provide the Services to our users (including you), may need to make changes to your user submissions to comply with and adapt those submissions. User to the technical requirements of connection networks, devices, services or media.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or transmitted privately through the Services is the sole responsibility of the person who originated such Content, and you access all such information and Content at your own risk, and we are not responsible for errors or omissions in such information or Content; or for any damage or loss that you may suffer in connection therewith. We cannot control and have no obligation to take any action regarding how you may interpret and use the Content or the actions you may take as a result of having been exposed to the Content, and you hereby release us of any responsibility. The Services may contain or direct you to websites containing information that you may find offensive or inappropriate; we cannot control them.
We also cannot guarantee the identity of the users with whom you interact while using the Services and are not responsible for users who access the Services. But that doesn't mean we don't take security seriously; we are putting in place tools that allow parents to control the identities of teachers providing them with the follow-up service, and teachers with moderation tools to monitor content within the limits that technology offers. You are responsible for all content that you submit, in any way, to the Services, and you represent and warrant that you have all the rights necessary to do so. You will keep all of your registration information accurate and up to date. You are responsible for all of your activities in connection with the Services.
Eska has no control over and assumes no responsibility for the content, accuracy, privacy policies, practices or opinions expressed on third party websites or by third parties with whom you interact through the Services. In addition, Eska will not and cannot monitor, verify, censor or edit the content of any third party site or service (including, without limitation, publisher software). By using the Services, you release us from any liability arising out of your use of any third party website or service.
In the event of a dispute between participants in these services, or between users and any third party, you agree that Eska is under no obligation to intervene. In the event of a dispute with one or more other users, you release Eska, its officers, employees, agents and successors from claims, demands and damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or not disclosed, arising from or related in any way to such disputes and / or our Services. If you are a resident of California, you hereby waive and waive Section 1542 of the California Civil Code, which reads: release which, if known to him, must have materially affected his settlement with the debtor.

Will Eska ever change the Services?

Eska is a dynamic intellectual motivation tool, the Services will therefore evolve over time. We may modify, suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to some or all of the Services. We will try to notify you when we make a material change to the Services that could harm you, but this is not always practical. Likewise, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if anyone claims that you have contributed such Content in violation of these Conditions), or without any reason, and without notice.

Does Eska cost anything?

Basic Eska services are free and always will be free, that is, we do not charge for registration for a basic individual Eska account, nor for evaluations and predictions of any kind made by the application. However, we may offer certain premium products and services for a fee, including modules available through the Eska app. Teachers who provide the follow-up service for your children on the app may charge you for their service. The payment made at this time is intended for the teacher concerned and Eska takes a percentage which will be used for the maintenance of the platform. The amount you pay is freely set by the teacher.

What if i want to stop using Eska?

You are free to do so at any time; please refer to our privacy policy, as well as the licenses above, to understand how we handle the information you provide to us after you stop using our services.
Eska is also free to terminate or suspend access to your use of the Services or your account for any reason, including your violation of these Terms. Eska has the exclusive right to decide if you violate any of the restrictions set out in these terms.
Account termination may result in the destruction of any content associated with your account, so keep this in mind before you decide to terminate your account. We will try to provide you with advance notice before terminating your account so that you can retrieve any important documents that you may have stored in your account (to the extent permitted by law and these Terms), but we cannot do so. if we determine that it would be impractical, illegal or not in the best interests of someone's safety to do so.
If you deleted your account by mistake, contact us immediately at contact@eskalearning.com, we will try to help you, but unfortunately we cannot promise that we can recover or restore anything.
I am using the Eska app available through the Apple App Store - do I know anything about this?
These Terms apply to your use of all Services, including the iPhone and iPad applications available through the Apple, Inc. ("Apple") App Store (the "Application"), but additional terms and conditions also apply to the Application, those you can see here. This contract seems to need something more legal. You are absolutely right.

Warranty statement

Eska makes no representations or warranties regarding any content or accessible through the Services, and we will not be responsible for the accuracy, copyright compliance, legality or decency of any material contained in or accessible through Services. We make no representations or warranties regarding any suggestions or recommendations of any services or products offered or purchased through the Services. The products and services purchased or offered (whether or not following these recommendations and suggestions) through the Services are provided "AS IS" and without any warranty of any kind on the part of Eska or others (unless that, as regards these others only, they are provided expressly and unambiguously in writing by a third party appointed for a specific product). The services, content, website, and all software are provided "as is", without warranty of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for purpose. in particular, the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. (We're not shouting, we just want to make sure you're careful!).

Allowance

You agree to indemnify and hold Eska, its affiliates, officers, agents, employees, contractors and partners harmless for and against all claims, liabilities, damages (actual and consequential), losses and expenses (including attorney's fees) arising out of or in any way related to third party claims regarding (a) your use of the Services (including any action taken by a third party using your account) and (b) your breach here of Conditions. In the event of any such claim, suit or action ("Claim"), we will provide notice of the Claim to the contact details we have on your behalf (provided that failure to provide such notice does not eliminate or reduce not your indemnification obligations below).

• Mission

You may not assign, delegate or transfer these Terms or your rights or obligations here under, or your Services account, in any way (by operation of law or otherwise) without the prior written consent of Eska. We may transfer, assign or delegate these Terms and our rights and obligations without consent.

• Choice of law; Arbitration:

These Terms are governed by and shall be construed under the laws of the State of Colorado, without regard to conflicting legal provisions. Any dispute arising out of or relating to the subject matter of these Terms will be finalized in Denver(Colorado) county in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then, in effect, by a commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate roster of JAMS arbitrators in accordance with JAMS arbitration rules and procedures. Judgment on the award rendered by such an arbitrator may be rendered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party has the right to seek an injunction or other equitable remedy at any time, in any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to the jurisdiction and exclusive venue of the United States Federal Courts located in the northern district of Colorado.

Teachers’ remuneration.

• Principle

If you use Eska as a teacher and offer the student follow up service, consisting in:

• Submit assignments to students, rate their homework, and publish corrections
• Provide the disciplinary information of your students (Discipline during your class)
• Submit the exam score

You can charge your service, in such case you define your monthly follow-up cost when creating a classroom. The parent of the student who requests your service by invitation receives an invoice from the moment you accept it. This invoice can then be paid.

When your invoice is paid by the parent, your Total balance is credited by a percentage of the payment amount; this percentage is called the Payment rate. It is initially 55% and can go up to 60% (See how to go from 55 to 60%).
Over the 30 days following the parent's payment, Eska will check your service and credit your Available balance in the event of service actually rendered. This operation is called Money shift and you will receive a notification for that. In case of a service not rendered, the parent's payment is fully returned. Your Total balance is debited from the amount received for this payment and you receive an alert for that.

The status of your various balances and the history of your transactions are available in the Operations menu.



• Cash-out



When your Available balance has reached the minimum required, you can request to cash out your money. (Check the Minimum and withdrawal methods list by country to see the applicable amount in yours ). Payment will be made by transfer to credit card; you will have to provided your card information beforehand.



In some countries where access to bank cards is not easy, withdrawal can be done by mobile payment if the country has payment operators offering this service and if you have such an account



In order to authenticate your withdrawal account, we will debit 1.9 USD from the account. This amount will appear on your Available balance as well as in your history on Eska.



The withdrawal is made in the application from the Operations menu. After making your request, the money will be transferred to your account as soon as possible. Tax may apply out of the amount of transfer in accordance with your country's tax requirements.



• Referral program



A referral program is set up to allow you to increase your Payment rate from 55 to 60% after 05 referrals.



You will find your referral code in the Operations menu. This code yields 1% more on your Payment rate each time it is used. Whoever uses your code also gets an additional 1%. Use of this code is done in the appropriate space in the application's Operations menu.



You can thus increase your Payment rate from 55% to 60% with 5 recommendations. Your code can be used indefinitely but you will only earn 1% more if you are below 60%.

Miscellaneous

You will be responsible for withholding, filing and reporting all taxes, duties and other government assessments associated with your activity in connection with the Services. The failure of you or us to exercise in any way any right hereunder will not be considered a waiver of any other rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or removed, to the minimum extent necessary, so that these Terms otherwise remain in full force and effect. You and Eska agree that these Terms constitute the complete and exclusive statement of mutual understanding between you and Eska, and that they supersede and cancel all prior agreements, communications and other written and oral agreements relating to the subject matter of these Terms; and that all changes to these Terms must be in writing and signed by both parties (unless otherwise provided herein). No agency, partnership, joint venture or employment is created as a result of these Terms and you have no authority of any kind to bind Eska in any regard. Unless expressly stated in the Apple Terms of Application, you and Eska agree that there are no third party beneficiaries covered by this Agreement.