Terms & Conditions

1. Acceptance of Terms

By downloading, installing, accessing, or using the PGS Learning mobile application ("App") from the Google Play Store or Apple App Store, you ("User," "you," or "your") agree to be legally bound by and comply with these Terms & Conditions ("Terms"). These Terms constitute a binding legal agreement between you andPGS Learning ("Company," "we," "us," "our").

If you do not agree to these Terms, you must not download, install, or use the App. Your use of the App signifies your understanding and acceptance of all terms herein.

1.1 Scope of Terms

These Terms govern your access to and use of:

• The PGS Learning mobile application (all versions)
• All content, features, and services provided through the App
• Our website and any associated platforms
• Any updates, enhancements, or new features released

1.2 Age & Legal Capacity

By using the App, you represent and warrant that:

• You are at least 13 years old
• If you are under 18, you have obtained parental or guardian consent to use this App
• You have the legal capacity to enter into binding agreements
• You are not prohibited by applicable law from accessing online services

⚠️ For Parents/Guardians: If your child is under 13, you must create and manage their account on their behalf. You are responsible for supervision and ensuring compliance with these Terms.

2. Definitions

3. Account Registration & Credentials

3.1 Account Creation

To use certain features of the App, you must create an account by providing:

• A valid email address
• A secure password (minimum 8 characters recommended)
• Your full name
• Other information as required during registration

You may also register using your Google or Apple account.

3.2 Accuracy of Information

You agree to provide accurate, current, and complete information during registration and keep this information up-to-date. We are not responsible for any issues arising from inaccurate or outdated information.

3.3 Credential Security

You are solely responsible for:

• Keeping your password and login credentials confidential
• Not sharing your account with others
• All activities that occur under your account
• Preventing unauthorized access to your account

If you suspect unauthorized access, immediately change your password and notify us at support@progeniusstudents.com.

3.4 Multiple Accounts

You agree to maintain only one personal account. Creating multiple accounts to circumvent restrictions or gain unfair advantages may result in account suspension or termination.

3.5 Account Restrictions

We reserve the right to restrict account creation from users or IP addresses that:

• Violate these Terms
• Engage in fraudulent activities
• Show patterns of abuse
• Use automated systems for account creation

4. User Responsibilities & Conduct

4.1 Acceptable Use

You agree to use the App solely for lawful purposes and in a way that does not violate anyone's rights or restrict their use and enjoyment of the App. You further agree not to:

• Engage in any conduct that is offensive, defamatory, harassing, bullying, or discriminatory
• Post spam, irrelevant content, or promotional material without permission
• Impersonate any person or entity
• Make false claims about educational achievements, credentials, or qualifications
• Engage in academic dishonesty, cheating, or plagiarism
• Share exam answers or test solutions without authorization
• Disrupt or interfere with other users' experience
• Engage in any form of fraud or deception
• Violate any applicable laws or regulations

4.2 Prohibited Activities

You specifically agree NOT to:

• Reverse Engineering: Attempt to decompile, disassemble, reverse engineer, or otherwise discover the source code of the App
• Unauthorized Copying: Copy or reproduce the App or any part of it without authorization
• Network Access: Use the App on multiple devices simultaneously without appropriate licenses
• Unauthorized Distribution: Distribute or share your login credentials to provide access to others
• Content Extraction: Download, extract, or copy Course materials or videos except for personal, offline educational use
• Hacking/Attacks: Attempt to gain unauthorized access, exploit security vulnerabilities, or conduct DDoS attacks
• Automated Access: Use bots, scrapers, automated tools, or scripts to access the App without explicit permission
• Bypass DRM: Attempt to circumvent Digital Rights Management or encryption protecting content
• Modification: Attempt to modify or alter App files, settings, or features
• Unauthorized Downloads: Extract premium or restricted content without proper authorization

4.3 Compliance with Education Standards

If you are a student, you agree to:

• Take quizzes and exams honestly without outside assistance (unless explicitly allowed)
• Not share exam questions or answers with others
• Submit original work for assignments
• Respect intellectual property rights of instructors and content creators
• Follow academic integrity standards

4.4 Reporting Violations

We encourage users to report violations of these Terms or any inappropriate behavior. You can report concerns through:

• In-app reporting feature (Settings → Report Abuse)
• Email to waqas@progeniusstudents.com
• Marking content as inappropriate in comments/forums

5. License & Usage Rights

5.1 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on your personal device(s) solely for personal, non-commercial educational purposes, subject to these Terms and any usage restrictions.

5.2 License Limitations

This license does NOT permit you to:

• Sublicense, sell, rent, lease, transfer, or assign the App to others
• Use the App for commercial purposes or resale
• Create derivative works based on the App
• Modify or alter App functionality
• Share your account with multiple users simultaneously

5.3 Offline Access Rights

If you download content for offline access:

• Downloaded videos are encrypted locally on your device
• You may view downloaded content only on the device where it was downloaded
• You may not extract, copy, or redistribute downloaded content
• Downloaded content expires based on your subscription status (see Terms of specific subscription plans)
• Ending your subscription does not automatically delete downloaded content from your device

5.4 Premium Content Restrictions

Premium content is provided solely to active subscribers. Access to premium content is revoked upon:

• Subscription cancellation
• Failed payment
• Account termination
• Expiration of your subscription period

6. Intellectual Property Rights

6.1 Ownership

The App, including all its content, features, functionality, design, text, graphics, videos, educational materials, and underlying code (collectively, "Content"), is owned by PGS Learning or our licensors and is protected by:

• Copyright laws
• Trademark laws
• Trade secret laws
• Patent laws
• International intellectual property agreements

6.2 Reserved Rights

All rights not expressly granted to you in these Terms are reserved. We retain all ownership rights to:

• The App source code and technology
• All educational course materials
• All video content and media files
• All trademarks and logos (PGS Learning, brand identities)
• All design elements and user interface

6.3 Prohibition on Unauthorized Use

You agree not to:

• Remove, alter, or obscure any copyright, trademark, or proprietary notice
• Use our trademarks, name, or branding without written permission
• Claim ownership or authorship of our Content
• Modify or create derivative works of the App's design or UI

6.4 Our Right to Use Feedback

Any feedback, suggestions, or comments you provide about the App may be used by us for any purpose without obligation to compensate you or request further permission. You grant us a perpetual, irrevocable license to use such feedback.

7. Restrictions on Use

7.1 Technical Restrictions

The App includes technological protection measures (DRM, encryption, anti-tampering mechanisms) to protect content and enforce these Terms. You agree not to attempt to circumvent, disable, or bypass these protections.

7.2 Content Extraction Restrictions

Except for personal offline viewing of videos you've downloaded to your device, you may NOT:

• Record, capture, or screenshot course videos
• Download or save course materials without authorization
• Extract text, images, or media from the App
• Create compilations of App content
• Distribute any App content to third parties

7.3 Device & System Restrictions

The App is designed for standard mobile devices running iOS or Android. We do not support or guarantee functionality:

• On jailbroken (iOS) or rooted (Android) devices
• On emulators or simulators (except for authorized testing)
• With unofficial or modified versions of the App
• On devices with altered operating systems

7.4 Geographic Restrictions

Some content or features may be restricted by geographic location due to licensing agreements or legal requirements. Attempting to circumvent geographic restrictions through VPNs or other means may result in account suspension.

7.5 Export Controls

The App may be subject to U.S. export control laws. You agree to comply with all export regulations and not to export or re-export the App to prohibited countries or individuals.

8. Content & Materials

8.1 Content Provision

We provide educational content in various formats including:

• Video lectures and tutorials
• Study guides and course notes
• Practice quizzes and exams
• PDFs and downloadable materials
• Interactive learning modules
• Discussion forums and study groups

8.2 Accuracy & Completeness

While we strive to provide accurate and current educational content, we do not guarantee that:

• All content is 100% accurate or error-free
• Content will be updated regularly
• All materials are available at all times
• Content meets specific curriculum standards globally

You are responsible for verifying information with official sources, especially for high-stakes examinations or academic requirements.

8.3 Content Changes

We reserve the right to:

• Add, remove, or modify content at any time without notice
• Update course materials and curricula
• Remove content due to licensing restrictions or compliance requirements
• Archive outdated or deprecated content

8.4 Third-Party Content

Some content may be licensed from third-party providers. You agree to comply with any usage restrictions specific to that content.

8.5 Availability

While we aim to maintain continuous service, we do not guarantee:

• 24/7 availability of the App or all features
• Uninterrupted service or streaming
• Content will always be available
• That all devices will support all features

Service interruptions may occur due to maintenance, technical issues, or circumstances beyond our control.

9. User-Generated Content

9.1 Submission of Content

If the App allows you to submit user-generated content (comments, discussion posts, assignments, photos), you retain ownership of that content while granting us a worldwide, royalty-free license to use it.

9.2 Your Responsibilities

By submitting user-generated content, you warrant that:

• You own or have the rights to post the content
• The content does not infringe on any third-party intellectual property rights
• The content does not violate any laws or these Terms
• The content is accurate and not misleading

9.3 Content Moderation

We reserve the right to:

• Review, monitor, and moderate user-generated content
• Remove content that violates these Terms or is inappropriate
• Suspend accounts of users who repeatedly post prohibited content
• Cooperate with law enforcement regarding illegal content

9.4 No Obligation to Monitor

While we reserve moderation rights, we have no obligation to actively monitor or pre-screen all user content. We are not liable for user-generated content posted by others.

9.5 Assignment Submissions

Assignments and academic work submitted through the App:

• Must be your original work or properly attributed
• Will be evaluated for academic integrity
• May be retained by the App for educational and assessment purposes
• Must comply with academic honesty standards

10. Payment & Billing

10.1 Premium Features & Subscriptions

Some features and content require payment. Free trial periods (if offered) are subject to specific terms:

• Trial periods are limited-time offers for new users only
• Your subscription will automatically renew unless cancelled before expiration
• Cancellation must be made before the trial period ends to avoid charges

10.2 Payment Processing

Payments are processed through:

• Apple In-App Purchases (for iOS users)
• Google Play Billing (for Android users)
• Third-party payment processors (Stripe, etc.)

You agree to the terms and conditions of your device's app store and payment processor.

10.3 Billing Accuracy

You agree to:

• Provide accurate and current payment information
• Maintain current payment methods
• Promptly notify us of any billing errors or unauthorized charges
• Pay all charges incurred under your account

10.4 Refund Policy

Refunds are subject to app store policies:

• iOS: Apple offers refunds within 14 days of purchase through App Store
• Android: Google Play offers refunds within 48 hours of purchase

For issues beyond 48 hours/14 days, contact waqas@progeniusstudents.com to discuss options.

10.5 Subscription Management

You can manage subscriptions through:

• iOS: Settings → [Your Name] → Subscriptions
• Android: Google Play Store → Account → Subscriptions
• In-App: Settings → Subscription Management

10.6 Price Changes

We reserve the right to change subscription prices with 30 days' notice. Continued use after the change constitutes acceptance.

10.7 No Refund for Access Loss

If your account is terminated due to violation of these Terms, you will not receive refunds for unused portions of your subscription or any fees already paid.

11. Account Termination & Suspension

11.1 Termination by You

You may delete your account at any time by:

1. Going to Settings → Account → Delete Account in the App, or
2. Emailing waqas@progeniusstudents.com with subject "Account Deletion Request"
3. Your account will be deleted within 30 days, though some data may be retained for legal purposes

11.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or other policies
• Engage in illegal activities
• Harass, threaten, or abuse other users or staff
• Attempt to circumvent security or DRM protections
• Submit fake credentials or impersonate others
• Share your account with multiple users commercially
• Engage in academic dishonesty on high-stakes assessments
• Use the App for unauthorized purposes
• Engage in hacking, fraud, or malicious activities

11.3 Suspension (Temporary)

For less severe violations, we may temporarily suspend your account. When reinstated, you must agree to comply with all Terms.

11.4 Notice & Appeal

If your account is terminated for violation of these Terms, we will provide upon request:

• Notice of the specific violation(s)
• Opportunity to appeal the decision within 30 days
• Our response to your appeal within 14 days

11.5 Consequences of Termination

Upon account termination:

• Your access to the App will be revoked
• Your account data will be scheduled for deletion
• You will lose access to any premium content or subscriptions
• No refund will be provided for unused subscription time
• You may be permanently prohibited from re-registering

11.6 Survival

Sections covering intellectual property, liability disclaimers, limitation of liability, and dispute resolution will survive termination of these Terms.

12. Modifications to App & Services

12.1 Right to Modify

We reserve the right to modify, update, enhance, or discontinue the App or any of its features at any time without notice. This includes:

• Changing app design or user interface
• Adding or removing features
• Updating system requirements or minimum OS versions
• Modifying content libraries
• Discontinuing support for older device versions

12.2 Compatibility

We do not guarantee that the App will be compatible with all future versions of iOS or Android. Older device versions may no longer be supported.

12.3 Updates

Periodic updates may be required to maintain functionality. By using the App, you agree to install necessary updates. Failure to update may result in reduced functionality or inability to access certain features.

12.4 No Liability for Changes

We are not liable for any loss of data, functionality, or inconvenience caused by modifications, updates, or discontinuation.

13. Disclaimer of Warranties

13.1 "AS-IS" Provision

THE APP IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.

13.2 Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

• Implied Warranties: Merchantability, fitness for a particular purpose, non-infringement
• Express Warranties: Any representations or guarantees about quality, performance, or features
• Availability: The App may be unavailable at times without liability to us
• Error-Free Operation: The App may contain errors, bugs, or technical issues
• Uninterrupted Service: We do not guarantee 24/7 uptime or continuous access
• Content Accuracy: Educational content is provided without guarantee of accuracy or completeness

13.3 Third-Party Disclaimers

We are not responsible for:

• Third-party services integrated with the App
• Third-party payment processors or their fees
• Content provided by third-party educational partners
• External links or websites

13.4 Educational Disclaimer

The App is intended for supplementary educational use only and does not replace formal education.We do not guarantee that:

• Using the App will result in academic success
• Content meets specific curriculum standards
• Certificates or credentials earned are recognized by all institutions
• Content will help you pass specific exams or standardized tests

13.5 Medical/Professional Disclaimer

Any medical, legal, financial, or professional content in the App is for educational purposes only and should not be considered professional advice. Always consult qualified professionals for specific guidance.

14. Limitation of Liability

14.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PGS LEARNING BE LIABLE FOR:

• Indirect Damages: Incidental, consequential, special, punitive, or exemplary damages
• Lost Profits: Loss of revenue, income, or anticipated profits
• Lost Data: Loss of information, files, or course progress
• Loss of Use: Loss of access to the App or its features
• Lost Opportunity: Missed opportunities or educational benefits
• Business Interruption: Any interruption to your activities

14.2 Total Liability Cap

Our total cumulative liability to you for all claims arising from or related to these Terms shall not exceed the total amount you have paid to us in the 12 months preceding the claim.

If you have not made any payments, our liability is limited to $50 USD or equivalent.

14.3 Basis of Limitation

You acknowledge that these limitations apply even if we have been advised of the possibility of such damages and represent a fair allocation of risk between you and us.

14.4 Exclusions

Some jurisdictions do not allow certain liability limitations. If mandatory liability limitations do not apply, we limit liability as much as permitted by law.

15. Indemnification

15.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless PGS Learning, its officers, directors, employees, and agents from any claims, damages, lawsuits, or expenses (including attorney's fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your user-generated content or submissions
• Your infringement of any intellectual property rights
• Your violation of any applicable laws
• Your harassment, abuse, or harm to other users
• Any content you upload or transmit through the App

15.2 Process

If we are sued or face claims due to your actions, we will notify you, and you agree to:

• Take over defense of the claim at your expense
• Cooperate fully with our legal team
• Settle claims only with our written consent

16. Third-Party Links & Services

16.1 External Links

The App may contain links to third-party websites and services. We are not responsible for:

• Content on external websites
• Privacy policies of linked sites
• Availability or functionality of external links
• Any harm caused by accessing external content

16.2 Third-Party Integrations

The App integrates services like Google, Apple, Firebase, and payment processors. Your use of these services is subject to their terms and privacy policies. We are not liable for these third-party services.

16.3 No Endorsement

Inclusion of third-party links or integration does not constitute endorsement or recommendation.

17. Dispute Resolution & Arbitration

17.1 Informal Resolution

Before pursuing formal legal action, you agree to first attempt to resolve disputes informally by contacting us at waqas@progeniusstudents.com with a detailed explanation of the issue. We will attempt to resolve the matter within 30 days.

17.2 Binding Arbitration

Except where otherwise required by law, any dispute arising from or related to these Terms or the App shall be resolved through binding arbitration rather than court proceedings.

17.3 Arbitration Rules

• Arbitration will be conducted through JAMS (Judicial Arbitration and Mediation Services)
• Proceedings will follow JAMS Streamlined Arbitration Rules
• One neutral arbitrator will be selected
• The arbitrator's decision is final and binding

17.4 Costs

PGS Learning will pay:

• All JAMS filing, administration, and arbitrator fees for claims under $75,000
• Additional fees beyond normal court filing fees

You are responsible for your attorney fees and costs unless otherwise awarded.

17.5 Exception: Small Claims

Notwithstanding the above, either party may pursue claims in small claims court in your state or territory if eligible and if the claim does not exceed small claims court limits.

17.6 Class Action Waiver

YOU AGREE NOT TO PARTICIPATE IN CLASS ACTION LAWSUITS. Any arbitration or court proceeding will be conducted on an individual basis, not as part of a class action or representative action. You agree not to:

• Bring claims on behalf of a class
• Join class actions against us
• Consolidate or combine claims with others

18. Governing Law

18.1 Choice of Law

These Terms shall be governed by and construed in accordance with the laws of the United States of America, specifically Delaware law, without regard to its conflict of law principles.

18.2 Venue

If arbitration does not apply and litigation proceeds in court, you consent to jurisdiction and venue in the federal and state courts located in Delaware.

18.3 International Users

If you are outside the United States, you acknowledge that:

• These Terms are governed by U.S./Delaware law
• Local laws may provide you with additional rights
• You are responsible for compliance with local laws
• Export regulations may apply to your use

19. App Store & Regulatory Compliance

19.1 App Store Acknowledgment

You acknowledge that these Terms constitute an agreement between you and PGS Learning, not with Apple or Google. We, not Apple or Google, are responsible for the App and content.

19.2 App Store Rules

Your use of the App through the App Store is also subject to:

• Apple App Store Terms of Service
• Google Play Store Terms of Service
• Applicable laws and regulations in your jurisdiction

19.3 Regulatory Compliance

We comply with applicable regulations including:

• GDPR (EU data protection)
• CCPA (California privacy)
• COPPA (Children's privacy protection)
• Export controls and sanctions
• Accessibility requirements (WCAG, ADA)

19.4 Age Verification

For users in the EU or UK, we implement age verification mechanisms where legally required. We reserve the right to request proof of age and to suspend accounts of underage users without parental consent.

20. Miscellaneous

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any other terms or policies referenced herein, constitute the entire agreement between you and PGS Learning regarding the App.

20.2 Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified or severed to the minimum extent necessary while remaining valid. The remaining provisions continue in full force.

20.3 No Waiver

Failure by PGS Learning to enforce any right or provision does not waive that right or provision. Waiver of any violation must be in writing signed by our authorized representative.

20.4 Notices

Legal notices to you may be sent by:

• Email to the address associated with your account
• In-app notification
• Posting on our website or in the App

Notices to us should be sent via registered mail to our principal place of business or to support@progeniusstudents.com.

20.5 Assignment

You may not assign these Terms to others. We may assign these Terms to successors or affiliates without restriction.

20.6 Counterparts

These Terms may be executed in counterparts, each constituting an original and all together constituting one agreement.

20.7 No Agency

No party relationship (partnership, joint venture, employment, agency) is created by these Terms.

20.8 Survival

Provisions that by their nature should survive termination will do so, including intellectual property rights, liability limitations, indemnification, and dispute resolution.

21. Contact Us

For questions about these Terms & Conditions, please contact:

Support Channels

• In-App Support: Settings → Help & Support → Contact Us
• Email Response Time: 24-48 business hours
• Dispute Resolution: First attempt informal resolution (30 days)
• Appeal Process: For account terminations, appeal within 30 days