Terms of Service

We are My Study Life Ltd (MSL), a company registered in England and Wales with company number 09070277 whose registered address is 40 The Glades, Aldridge, Walsall, West Midlands United Kingdom, WS9 8RN. These terms and conditions of use (“Agreement”) sets out your legal rights and obligations concerning the use of the Services provided via our website www.mystudylife.com and downloading of our App. These are listed below.

Please read this Agreement carefully and do not access our services if you do not agree to any of the content. We reserve the right to change or modify the terms of this Agreement at any time and your continued use of our Services constitutes acceptance of any modifications.

The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services.

If you have any questions regarding this Agreement, please email them to [email protected].

  1. Definitions

    The following shall have the definition given to it here:

    “App” means an application either downloaded via an Appstore or our web app app.mystudylife.com which sits on the Platform.

    “Appstore” means a digital distribution platform for computer software, including but not limited to, Apple App Store, Google Play, Amazon Appstore, Windows Store, Chrome Web Store.

    “Company” means My Study Life Ltd who provide the Platform and Services.

    “Customer” means You being an individual or a school, local authority or other educational establishment accessing the Services for their Students.

    “Fee” where applicable the Fee payable by the Customer to the Company in consideration of the grant of a licence to download the App and use the Services. Where the Customer is a school the Fee is calculated on the number of students therein and this must not be exceeded without the prior consent of the Company.

    “Intellectual Property Rights or “IPR” means patents, rights to inventions, copyright, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

    “Personal Data” means any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

    “Platform” means the software platform via which the Customer accesses the Services provided by the Company.

    “Services” means all those services sat on the Platform provided by the Company to the Customer.

    “User Data” means any information communicated by the Customer to the Company via the Platform to include all materials uploaded, stored transmitted via the Platform.

  2. Customers and Services

    1. Customers enter into this Agreement by undertaking one of the following actions:
      1. Accessing the Company’s website
      2. The Customer being an individual who is 16 years old or such higher age required in your country; accesses the App and/or completes the sign up process
      3. The Customer being a school, local authority or other educational establishment either; requests the Company give access to additional services on one of two basis; either on:
        1. on presentation and payment of an invoice to the Company or;
        2. on a trial basis

        Individuals of the Customer can then access the Services but the account is held as a whole with the School.

  3. Grant and Scope of Licence

    Subject to clause 2 and the initiation of any of the aforementioned processes the Company:

    1. Hereby grants a non-exclusive and non-transferable licence to those Customers at clause 2.1(a) and 2.1(b) to download the App and access the Services via the Platform.
    2. Hereby grants a non-exclusive and non-transferable licence to those Customers at clause 2.1(c) to download the App and access the Services via the Platform on a trial basis to evaluate its use and effectiveness and determine whether to proceed to pay the Fee.
    3. Those Customers who pay the Fee to use the App are entitled to upgraded features and additional Services.
    4. The Company license use of the App to the Customer subject to any rules or policies applied by any Appstore provider or operator from whose site, the Customer downloaded the App (Appstore Rules).
    5. From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the App until you have downloaded or streamed the latest version of the App.
    6. The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
  4. Payment and Fees

    Payment to the Company is made in the following ways:

    1. The Customer being a School shall pay to the Company the Fee to access the App for their students for a prescribed yearly period on presentation of an invoice.
    2. Any features which include an upgraded service are chargeable and in particular the service offered at 3.3.
    3. Fees are exclusive of VAT and payable in GBP.
    4. On receipt of purchase order information from the School the Company shall invoice immediately for the fee which shall be paid by cheque or BACS transfer using the payment details communicated to the Customer by the Company.
    5. The Company reserves the right to amend the fees and they will then come into fruition on the renewal of any subscription.
    6. Invoices provided on an annual basis will be sent 28 days prior to expiration.
    7. If at any time where amounts due under this clause remain unpaid for a period of no more than 7 days, the Company may choose to suspend access to the Platform at its discretion.
    8. Under no circumstances does the Company make refunds or give credit.
  5. Trial

    1. The Company provides additional Services to Schools which can be offered on a trial basis to evaluate its use. The trial is only offered to schools and not individuals. There are no obligations on the Customer to pay a Fee during this period subject to clause 5.2.
    2. Where the Customer does not continue to use the Services following the expiration of the trial all access to the Services will be removed including all data within a 30-day period.
    3. Where 5.2 does not apply and the Customer continues to use the Services they will be subject to the payment terms at clause 4 and will take on a licence at 3.1.
  6. Restrictions

    You agree:

    1. not to copy the App or Services except where such copying is incidental to normal use;
    2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Services;
    3. not to make alterations to, or modifications of, the whole or any part of the App or Services, or permit the App or Services or any part of it to be combined with, or become incorporated in, any other programs;
    4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing.
  7. Acceptable Use Restrictions

    You must:

    1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or Services, any Service or any operating system;
    2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
    3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
    4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
    5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
    6. acknowledge that any material you upload to the App or Services, post or distribute is your sole responsibility and the Company is no way liable for any content thereon.
  8. Intellectual Property (“IPR”)

    1. You acknowledge that all IPR in the App and all Services and technology belong to us or our licensors, that rights in the App and Services are licensed (not sold) to you, and that you have no rights in, or to, the App, Services or any other technology other than the right to use each of them in accordance with the terms of this Agreement.
    2. You acknowledge that you have no right to have access to the App in source-code form.
    3. All IPR including but not limited to logos, trademarks, service marks contained within any of our Services are owned by us and you cannot use, edit, copy, vary, reproduce, publish, display, distribute, store, transmit or otherwise any of our IPR without our prior written notice.
    4. You warrant that You will always identify our status as owners and authors of the Services and no part of any of the content will be used for commercial purposes without our consent.
  9. Warranties

    The Customer acknowledges the following:

    1. The Company gives no warranty that the Platform will be free from defects, errors or bugs.
    2. The Customer acknowledges that at times the Company may take the Platform out of service or offline to perform scheduled maintenance works.
    3. The Customer acknowledges that there may be periods of downtime which are unplanned and there may be times when the Platform is not compatible with other applications, programs or software. The Company takes no responsibility for this.
    4. The Company reserves the right to suspend access to the Services and take the Platform offline at any time and without notice.
  10. Limitation of Liability

    1. Nothing in this Agreement shall limit or exclude our liability for:
      1. death or personal injury resulting from our negligence;
      2. fraud or fraudulent misrepresentation; and
      3. any other liability that cannot be excluded or limited by English law.
    2. The Company has no liability to the Customer for any:
      1. loss of profit;
      2. loss or damage to goodwill or reputation;
      3. loss or corruption of any data, database or software;
      4. special, indirect or consequential loss or damage.
    3. The Company liability under this Agreement to the Customer will not exceed the Fee paid by the Customer to the Company.
  11. Termination

    We may terminate this Agreement immediately. By termination we confirm that we will irrevocably remove all user data and on termination for any reason:

    1. all rights granted to you under this Agreement shall cease;
    2. you must immediately cease all activities authorised by this Agreement, including your use of any Services;
    3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
  12. User Data

    The Company will store and process the User Data in terms with this Agreement and within its Privacy Policy.

    The Customer may opt to remove User Data from the Platform at any time:

    1. The Customer being an individual may delete their account from app.mystudylife.com
    2. The Customer being a school, local authority or other educational establishment by contacting us directly
  13. Data Protection

    The Customer gives a warranty that it has the legal right to disclose any Personal Data to the Company for the purpose of this Agreement and the Company will only process such Personal Data for the purposes of this Agreement. The Company has in place appropriate measures to safeguard the Personal Data against any unauthorised disclosure, loss or corruption within the terms as described in its Privacy Policy.

  14. Events Outside Our Control

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control including failure of public or private telecommunications networks (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
      1. our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
      2. we will use our reasonable endeavours to find a solution by which our obligations under this Agreement may be performed despite the Event Outside Our Control.
  15. Other Important Terms

    1. We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement.
    2. You may only transfer your rights or obligations under this Agreement to another person if we agree in writing.
    3. If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    4. Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    5. Please note that this Agreement, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.40

Last updated: 25th Jan 2022

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