T & C and Privacy Policy

Learning Playground Pte Ltd.
Terms and Conditions & Privacy Policy for use of Spring! application.

Introduction

Spring! is an AI-powered Coaching application (“Spring! App”) designed to help users design their own learning goals and achieve them in a structured way. Users may choose to work with Coaches/Champions/Parents to support their learning along the way. Spring! App is owned and operated by Learning Playground Private Limited (UEN no.: 202231863M), a private limited company with its registered office address at 36H Dunearn Road, Chancery Court, #02-47 Singapore 309433 (the “Owner”).

This User Agreement (the “Agreement”) constitutes a contract between you and the Owner and applies to all users of the Spring! App. By using the Spring! App, you agree to be bound by the Agreement.

In this Agreement, “you” or “your” refers to any person or entity using the Spring! App, including but not limited to, the Coach, the Champion, and/ or Coachee depending on the context of the provisions.

In the case of a Coachee above 18 years of age: You (as the Coachee) hereby represent and warrant to the Owner, that if you are the Coachee, you are above 18 years of age at the point of agreeing to the terms of this Agreement.

In the case of a Coachee who is below 18 years of age: You (as the Coachee) hereby represent and warrant that you have obtained the consent of your parent or legal guardian to use the Spring! App and to enter in the Agreement. You (as the Champion) hereby represent and warrant to the Owner that you are the parent or legal guardian of the Coachee, in the case of a Coachee who is below 18 years of age, you (as the Champion or the Coach, as the case may be, and as the parent or legal guardian of the Coachee) provide consent to the Coachee to be a user of the Spring! App. Consequently, you, as the Coach or Champion who is the parent or legal guardian of the Coachee, shall be liable for all acts and omissions of the Coachee in the Coachee's use of the Spring! App and you shall also enter into the terms of the Agreement on behalf of the Coachee. In the event that the Owner discovers that the Coachee is below 18 years of age (whether at the point the Coachee starts to use the Spring! App or after the Coachee has started to use the Spring! App) and that the Coachee did not have his Champion sign up to use the Spring! App, the Owner shall be entitled to terminate the Coachee's use (and his Coach and Champion's use) of the Spring! App, as well as this Agreement, immediately, without any notice or reasons to be given to the Coachee or his Coach and Champion.

Registration and Security of your Account

When you register for an account to use or access parts of the Spring! App or the services it provides, you will be asked to provide a username and password (collectively, your “Account”). You must provide complete and accurate information as requested upon registration. You will also provide timely updates of such information, when such information has been updated or is no longer accurate. User Accounts, usernames and passwords are not transferable.

You are entirely responsible for maintaining the confidentiality of your Account and for all activities that occur through the use of your Account. You agree to immediately notify the Owner through the Spring! App of any unauthorised use of your Account or any other breach of security in relation to your use of the Spring! App. The Owner shall not be held liable for any loss or damage arising from your failure to comply with this section. You shall be held accountable and liable for any losses incurred by the Owner, its employees, directors, agents or representatives due to your account or password being used by someone else due to your negligence or your failure to keep your account secure or your password confidential.

Your information will be protected pursuant to our Privacy and Information Security Policy. Your Account is valid for as long as you maintain a trial or subscription. Your subscriptions renew automatically, and your Account will continue to be charged until you cancel your subscription in accordance with this Agreement.

Acceptance of Terms and Conditions of the Agreement

The Owner may amend or supplement this Agreement at any time. Revised versions of this Agreement will be available from the Spring! App and website.

By downloading and using the Spring! App, you hereby agree to comply with the terms and conditions of the Agreement. You agree to be legally bound by any assent, affirmation, or agreement that you transmit to the Owner while using the App. This includes, but is not limited, to any consent you give to receive communications or data from the Owner.

You acknowledge and agree that when you click on any ‘I agree’ or any other similarly worded ‘button’ or entry field in the Spring! App, your agreement will be immediately legally binding and shall be the legal equivalent of your personal and handwritten signature.

User Content

“Content” refers to any text, images, music, sound effects, software, audio, video, data of any kind, and information that are generated, posted, shared, and made available through Spring! App.

“User Content” refers to any information, data, or content that Users make available through Spring! App. For the sake of clarity, “Content” includes “User Content”.

Any User Content transmitted, privately or publicly, is the sole responsibility of the person who originated the User Content. As the User, you shall declare that all User Content submitted by you, or on your behalf, is accurate and updated, and in compliance with the terms and conditions in the Agreement and with all the relevant and applicable laws and regulations. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. The Owner retains the right, but not the obligation, to review, edit or delete any User Content which we deem to be illegal, offensive, or otherwise inappropriate.

You hereby acknowledge and agree that all Content and User Content which you, the User, access through the Spring! App is at your own risk. You will be solely responsible for any damage(s) or loss(es) incurred by you or any other party in connection with your use of the Spring! App. To the fullest extent permitted by the law, we make no warranties, guarantees, or representations in relation to any Content which you may access on the Spring! App.

You hereby represent and warrant to the Owner that you own or have all the necessary rights to all the User Content that you create, share, or submit through the Spring! App. This means that the Owner will not need to obtain any licenses from a third party or pay royalties or pay any fees to use this User Content. You hereby grant the Owner a worldwide, perpetual, irrevocable, non- exclusive, sub-licensable, transferrable royalty-free licence(s) to use, transmit, copy, distribute, display, edit, modify, reproduce, translate and make derivative works from your User Content for the purposes of enabling the Owner to operate, promote and improve the Spring! App, to provide the services offered by Spring! App and to be used in relation to any other websites or platforms connected to Spring! App or which are owned by the Owner. You shall waive any rights of privacy or publicity in your User Content. Any unsolicited communication material, data or information that you share by electronic email, or any other means will be treated as non-confidential and non-proprietary. You further grant all users of the Spring! App permission to view the User Content which you have made available for their personal and non-commercial purposes.

You may delete your User Content at any time. However, that in some circumstances, some User Content, may not be completely removed and may continue to remain on the Spring! App. The Owner is not responsible or liable for the complete removal or deletion of any User Content. You agree that the Owner may make modifications to User Content as necessary for purposes of displaying it on the Spring! App or for other app-related purposes.

Rules of Engagement for Users

By using Spring! App, you are expected to behave responsibly and professionally in dealings with all other users of the Spring! App. You should respect social, cultural, ethnic and religious differences and treat everyone with respect.

You should safeguard all the personal information of all other users which you may come across in the use of the Spring! App.

If you are a Coach, you should observe these Rules of Engagement:

- Observe Coachee privacy and confidentiality at all times. You should not share any Coachee or Coachee-related matters online or in public places.

- If the Coachee is under 18, you should not initiate any exchange of private information without the Champion’s explicit knowledge and approval

- Do not use any inappropriate language with any Coachee at any time.

- Maintain a professional relationship with your Coachees. You should not engage in

any improper behaviour or inappropriate relationship with a Coachee.

Links and Connections

Any other websites that link to the Spring! App are not part of the Spring! App and may have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting any third party websites to which we provide links. You acknowledge and agree that the Owner is not responsible for the content, accuracy, and/or security of these other websites. You also acknowledge and agree that the links provided in the Spring! App do not represent an endorsement, authorisation, affiliation with respect to these sites. There are inherent risks in using any information or products on the Internet and you are advised to exercise your own discretion to ensure that you understand the possible risks before using any content, service, or product on the Internet.

You might be able to connect your Spring! App account to third party accounts such as Google® or Facebook®. The Spring! App uses one or more API (application programming interface) to allow users to access content or services provided by these third parties. The API(s) involves the exchange of information between the User’s account and such third parties' websites. By connecting your account to a third-party account or by using the API, you acknowledge and consent to the continual release and sharing of your information to others.

You acknowledge that you are solely responsible for any dealings with any advertiser(s) whose advertisement(s) may be found on the Spring! App. The Owner has no control or responsibility for any advertisements posted on the Spring! App, and shall not be held responsible for any damages of any nature resulting from your dealings with the advertisement(s) or sponsor(s).

App Store or Google Play

The Spring! App can be downloaded from the App Store or Google Play. Subscriptions purchased through the App Store or Google Play are also subject to their respective terms of use.

You may cancel your subscription at any time within your App Store/Google Play Account Settings. To cancel your subscription purchased through the App Store or Google Play, you must submit the cancellation through your account settings with that provider and in accordance with their user terms and conditions. Upon cancellation of your subscription, you shall be deemed to have terminated the Spring! App services provided under this Agreement. No refund of the subscription amount which you have paid to us shall be made to you.

Neither Apple nor Google have any obligation to provide any maintenance or support in connection with your usage of the Spring! App.

Data and/or Carrier Charges

You may incur data charges during the use of the Spring! App as the use of the Spring! App requires the transfer of data between your device and servers. You are entirely responsible for bearing the cost of any data transfer you incur while using the Spring! App.

Data Transmission Security, Maintenance and Support

The communications and data generated and stored by the Spring! App may not always be encrypted. By using the Spring! App, you acknowledge that there may be a risk that data and communications may be accessed by unauthorised third parties when there is communication between you and the Spring! App or you and other parties.

The Owner may exercise its discretion to update or enhance the Spring! App at any time. This includes monitoring, maintenance or support services. However, it is not obliged to provide these services and may choose to terminate these services and/or maintenance at any time without prior notice.

The Owner may authorise agents or third parties to monitor your communications within the Spring! App for the purpose of evaluating and improving the quality of the service you receive, your compliance with the Agreement, the security of the App, or any other reasons deemed reasonable by the Owner. You agree that such monitoring activities shall not entitle you to any cause of action or any right with respect to the way in which the Owner or its affiliates and agents monitor your communications and the enforcement or failure to enforce the terms of the Agreement.

In no event will Owner or any of its affiliates or agents be liable for any costs, damages or any other liabilities incurred by you or any User as a result of such monitoring activities by Owner or its affiliates or agents.

Acceptable Use of Spring! App and its services

You shall not upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials that: (i) are defamatory, libellous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy.

The Owner may monitor, or review paths or material generated by the Spring! App or its Users. However, the Owner is not obliged to do so and undertakes no responsibility or civil liability which may arise from the content generated within the Spring! App. The Owner reserves the right to remove any of such offending material and will cooperate with any law enforcement authority which requests for information about such material.

You shall not attempt to harvest or otherwise collect, solicit, or store any personal data or information about other Users of the Spring! App, without their consent.

You shall not use the Spring! App for any commercial reasons, unless agreed to by the Owner in writing.

You shall not copy, reproduce, alter or modify derivative works, or publicly display content or materials from the Spring! App, without the prior written permission of the Owner.

You shall not create, upload, post, or share any material which contains malware, viruses or any computer code or files which may affect the functionality of any computer or telecommunications equipment. You shall not use any software, device or any means to interfere or attempt to interfere with the functions and services of the Spring! App.

Interactive services with the Coaches may from time to time be provided via the Spring! App. We will use reasonable endeavours to assess any possible risks for all Users when they use any interactive service provided on the App and we reserve the right to decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service on the Platform and we expressly exclude all liability for any loss or damage arising from the use of such interactive service by a User in contravention of our content standards, whether the service is moderated or not.

Disclaimer of Warranties

The Owner undertakes that the materials on the Spring! App have been developed using reasonable skill and care. This undertaking shall not apply to the extent of any non-conformance which is caused by use of the App contrary to our instructions, or modification or alteration of the Spring! App and/or the content therein by any party other than us or our duly authorised agents. The use of the Spring! App is at your own risk. To the fullest extent permitted by law, all the services and content provided on the Spring! App is provided on an “as is” and “as available” basis, without warranties or representations of any kind, either expressed or implied, including, but not limited to the implied warranties of satisfactory quality, or fitness for a particular purpose.

Neither the Owner or any other party involved in creating, designing, producing, or delivering the Spring! App makes any representation about the suitability of the content of this App for any purpose. It also does not guarantee that your use of the Spring! App will be uninterrupted or free of errors.

The Owner does not warrant that the Spring! App and its contents available will work with any particular hardware or software systems or configurations or are free of viruses or other harmful components.

Limitation of Liabilities

Neither the Owner nor any other party or persons engaged by Owner involved in the creation, production or deliverance of the Spring! App shall assume any responsibility or be liable for any damages or injury you suffer, including damages to your computer equipment or other property, or for any indirect or consequential loss, or loss of profit through your use of the Spring! App.

IN NO EVENT SHALL THE OWNER’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION WHETHER IN CONTRACT OR WARRANTY OR LIABILITY OR OTHERWISE, EXCEED THE AMOUNT OF SUBSCRIPTION FEE PAID TO THE OWNER TO DATE OR THE 12-MONTH SUBSCRIPTION FEE PAID TO THE OWNER (WHICHEVER IS THE LOWER AMOUNT), IF ANY, FOR THE USE OF SPRING! APP.

Waiver and release of liability for any injuries to User, persons or property. YOU MUST CONSULT YOUR PHYSICIAN OR MEDICAL PROFESSIONAL PRIOR TO STARTING A FITNESS OR PHYSICAL ACTIVITY. YOU SHOULD NOT USE SPRING! AS A SUBSTITUTE FOR ANY MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS ABOUT ANY INFORMATION, PROGRAMME OR ACTIVITY DESIGNED BY SPRING!, YOU MUST CONSULT A PHYSICIAN OR QUALIFIED MEDICAL PROFESSIONAL.

THE USE OF ANY INFORMATION PROVIDED THROUGH SPRING! IS AT YOUR OWN RISK AND IS NOT MEDICAL OR PROFESSIONAL ADVICE. NOTHING STATED OR PROVIDED BY SPRING! IS INTENDED TO BE, AND MUST NOT BE PERCEIVED TO BE, THE PRACTICE OF MEDICAL, COUNSELLING OR PROFESSIONAL CARE.

SPRING! APP IS CONTINUOUSLY UNDER DEVELOPMENT AND IMPROVEMENT. SPRING! APP MAKES NO WARRANTY OF ANY KIND AT ALL AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.

You hereby agree to indemnify and hold the Owner, including its employees, directors, volunteers, and anyone appointed to provide services for the Spring! App (the “Releasees”),harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including all legal fees, whatsoever arising from or resulting from: (i) any breach by you of the Agreement; (ii) your use of the Spring! App, your account and/or your submission of content for the Spring! App; (iii) your purchase of any item from any App Store or Google Play; and/or (iv) any violation by you of any law or the rights of any third party. You shall use your best efforts to cooperate with the Owner in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

You acknowledge and agree to:
- Release and hold harmless the Owner, from any claim, loss, demands, liability, damages, and costs whatsoever that you may suffer arising from or resulting from your use of the Spring! App .

The Owner shall not be liable for any interactions of the Coach, Coachee and Champion outside of the Spring! App, whether in real life or on the Internet or through other types of social media.

Ownership of Intellectual Property and Restrictions on Use

All products, services, content, information displayed, performed or otherwise accessible through the Spring! App, including, without limitation, games, images, photographs, pictures, animations, and access codes together with all digital images contained on the Spring! App, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof in relation to Sping! App, and all trademarks, service marks, trade names, trade dress and patents used in relation to Spring! App, (collectively the “Materials”) are the proprietary material of the Owner or the relevant third-party licensors and are protected, without limitation, by copyright, trademark, patent and applicable intellectual property laws throughout the world. Without limiting the generality of any other provisions of the Agreement, the use of any Materials on any other website or networked computer environment is prohibited.

The Owner reserves the right to fully enforce its intellectual property rights, including seeking interlocutory injunctions, if you use or abuse any of the Materials without the Owner's prior written consent.

This Agreement grants to you a limited license to access and use the Spring! App and the Materials, for your personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Spring! App may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Materials other than as expressly permitted by us.

Governing Law

This Agreement shall be governed by the laws of the Republic of Singapore. The Owner and you hereby agree to the exclusive jurisdiction of the Singapore courts. If there are any provisions of the Agreement which are deemed unlawful or void or unenforceable, then these provisions shall be severed from the Agreement and replaced by provisions which reflect the economic effect and intentions of the parties herein and the validity and enforceability of the remaining provisions shall remain intact.

Privacy and Security Policy

The Owner respects your privacy and allows you to control how your personal information is used and treated. This section describes how your information is collected, used and shared when you visit, use or make purchases (if applicable) on the Spring! App. This Privacy and Security Policy has been developed in accordance with Personal Data Protection Act 2012.

You agree that the Owner may collect personal data and information from you including the following information: your name, year of birth and contact information including phone number and email address] (collectively, the “Information”). Users who do not give this consent (or do

not have this consent provided on their behalf) or cannot provide us with the relevant personal information, cannot use the Spring! App. By using the Spring! App, you are deemed to have consented to the use of Information in accordance with this Privacy and Security Policy.

Additional information that may also be automatically collected when you use the Spring! App, include but shall not be limited to how you use the Spring! App, your search terms and patterns of usage, details of other interactions that you have with us, your learning progress, your learning statistics, and any other information that you choose to provide us with through your interactions with us (the “Device Usage Information”). The Device Usage Information may be used to improve and optimize our product and services, and to screen for potential risks and fraudulent use of the Spring! App. In addition, you grant the Owner a worldwide, royalty-free, non-exclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish, and translate this personal information solely for the purpose of allowing you, the User, to use the applicable service.

The Information collected from Users may be used for the following purposes:

to provide access to the Owner's products and services;
to manage prospective purchases, purchased subscriptions and payments including to

provide quotes or offers;
to send a confirmation notice to the User (i.e. Coachee/Champion) of the registration; to

administer and manage accounts, including password resetting, responding to questions raised by User, to contact the User about any problems with the User’s account or conduct on the Spring! App;
to receive updates about our products and services, including but not limited to changes, improvements, upgrades, new product development and rules of the Spring! App;
for administrative, planning, product or service development, staff training, quality control and research purposes relating to our products and services;
for marketing purposes, but only where we have express or implied consent to contact someone or we are otherwise permitted by law to do so.

Users may also opt out or withdraw their consent at any time, by following the specific opt out instructions within the communications that we send. Upon your withdrawal of consent for Owner to use your Information, you shall be deemed to have terminated our services provided through the Spring! App and no refund of the subscription amount which you have paid to us shall be made to you.

All subscription and in-App purchases are transacted through Apple’s App Store or Google’s Google Play Store. Therefore, we do not collect billing and payment information (including credit card details). Where necessary, Apple or Google will provide us with the relevant information to fulfil orders made by Users for the product and services on the Spring! App. We may use this information to communicate with Users and/or to prevent potential fraud.

The Owner may be required to disclose the Information to regulatory, law enforcement or governmental authorities, for the purposes of cooperating with an order, judgement, investigation or request of any nature by such parties. You agree that we shall not be liable for the disclosure of the Information and you further agree not to take any action against the Owner for the disclosure of the Information under these circumstances.

We retain the Information that we collect from and about our Users for as long as it is needed to provide Users with access to the Spring! App or to manage that User’s account. We take reasonable steps to delete the Information we collect if your registration to use our App lapses and the User, or the Champion may request on their behalf, opt out of receiving further communications from us, or if you ask us to delete your Information by contacting us at hello@mylearningplayground.com. We may however retain and use the Information as necessary to comply with our legal and regulatory obligations, to resolve disputes and to enforce this Agreement, and we may retain and use anonymous and aggregated information for performance reporting, benchmarking and analytic purposes and for product and service improvement.

We are committed to information security. We will use all reasonable endeavours to keep the Information we collect and use in a secure environment, and we have implemented appropriate technical, administrative and physical security measures that are designed to protect personal information from unauthorised access, disclosure, use and modification.

We may update this Agreement or Privacy and Security Policy, in order to comply with any applicable laws, to reflect changes in our processes or for any other reason, from time to time to reflect any changes in the Spring! App. You will be deemed to have consented to such variation of the provisions in this Agreement by your continued use of the Spring! App following any changes being made.