Terms of Use
Last Updated: April 14, 2025
Welcome to Spiralflare. These Terms of Use govern your access to and use of our website, services, and educational platform. By accessing or using our services, you agree to be bound by these terms.
1. Acceptance of Terms
By creating an account, accessing our platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, you must not use our services.
We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any modifications constitutes acceptance of the updated terms.
2. Eligibility
You must be at least 16 years of age to use our services. If you are under 18, you represent that you have obtained consent from a parent or legal guardian to use our platform. By using our services, you represent and warrant that you meet these eligibility requirements.
Accounts registered by automated methods or under false pretenses are not permitted and will be terminated immediately.
3. Account Registration and Security
3.1 Account Creation
To access certain features of our platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- Use a strong, unique password
- Not share your account credentials with others
- Notify us immediately of any unauthorized access or security breach
- Log out from your account at the end of each session
We are not liable for any loss or damage arising from your failure to protect your account information.
4. Use of Services
4.1 License Grant
Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our platform for personal, non-commercial educational purposes.
4.2 Acceptable Use
You agree to use our services only for lawful purposes and in accordance with these terms. You agree not to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights of others
- Transmit harmful code, viruses, or malicious software
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the integrity or performance of our services
- Collect or harvest information about other users without consent
- Use automated systems to access our platform without permission
- Impersonate any person or entity or misrepresent your affiliation
- Share, sell, or transfer your account access to third parties
- Use our services to distribute spam or unsolicited messages
4.3 Course Access and Enrollment
Access to courses is subject to enrollment requirements and any applicable fees. Course availability, content, and instructors may change without notice. We reserve the right to modify, suspend, or discontinue any course at any time.
5. User Content
5.1 Content Submission
Our platform may allow you to submit, post, or share content including comments, questions, assignments, and other materials. You retain ownership of your content, but by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content in connection with operating and improving our services.
5.2 Content Standards
You represent and warrant that any content you submit:
- Is accurate and not misleading
- Does not violate any third-party rights
- Does not contain unlawful, harmful, or offensive material
- Does not contain viruses or malicious code
- Complies with all applicable laws and regulations
5.3 Content Monitoring
We reserve the right, but have no obligation, to monitor, review, or remove user content at our sole discretion. We may remove content that violates these terms or is otherwise objectionable.
6. Intellectual Property Rights
6.1 Our Content
All content, materials, and intellectual property on our platform, including but not limited to text, graphics, logos, videos, audio, software, and course materials, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.
6.2 Restrictions
You may not:
- Copy, modify, distribute, or reproduce our content without permission
- Create derivative works based on our content
- Remove or alter copyright notices or proprietary markings
- Use our content for commercial purposes without authorization
- Download or record course materials except as explicitly permitted
- Share course access credentials or materials with non-enrolled users
6.3 Trademarks
Spiralflare and our logos are trademarks owned by us. You may not use our trademarks without prior written consent.
7. Payment and Refunds
7.1 Fees
Certain services and courses require payment of fees. All fees are stated in the applicable currency and are non-refundable except as required by law or as explicitly stated in our refund policy.
7.2 Payment Processing
Payments are processed by third-party payment processors. You agree to provide accurate payment information and authorize us to charge your payment method for all fees incurred.
7.3 Subscription Services
For subscription-based services, your subscription will automatically renew unless you cancel before the renewal date. You are responsible for all charges incurred until cancellation takes effect.
7.4 Refund Policy
Refund requests must be submitted according to our refund policy. Refunds are processed at our discretion and may be subject to eligibility requirements and time limitations.
8. Third-Party Services and Links
Our platform may contain links to third-party websites, services, or resources. We do not endorse and are not responsible for the content, accuracy, or practices of third-party sites. Your use of third-party services is at your own risk and subject to their terms and policies.
9. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information are governed by our Privacy Policy, which is incorporated into these terms by reference. By using our services, you consent to our data practices as described in the Privacy Policy.
10. Disclaimers and Limitation of Liability
10.1 Service Availability
Our services are provided on an "as is" and "as available" basis. We do not warrant that our services will be uninterrupted, secure, or error-free. We reserve the right to modify, suspend, or discontinue services at any time without notice.
10.2 Educational Content
While we strive to provide accurate and up-to-date educational content, we make no warranties regarding the completeness, accuracy, or usefulness of course materials. Educational outcomes depend on individual effort and circumstances.
10.3 No Warranties
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will meet your requirements or expectations.
10.4 Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or opportunities, arising from your use of or inability to use our services.
Our total liability for any claims arising from these terms or your use of our services shall not exceed the amount you paid to us in the twelve months preceding the claim, or one hundred dollars, whichever is greater.
11. Indemnification
You agree to indemnify, defend, and hold harmless Spiralflare, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses, including reasonable legal fees, arising from:
- Your use or misuse of our services
- Your violation of these terms
- Your violation of any rights of third parties
- Your content submitted to our platform
- Your breach of any representation or warranty
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting us or using account closure features in your account settings. Termination does not relieve you of any obligations incurred prior to termination.
12.2 Termination by Us
We reserve the right to suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to:
- Violation of these terms
- Fraudulent or illegal activity
- Abuse of our services or other users
- Non-payment of fees
- Prolonged inactivity
12.3 Effect of Termination
Upon termination, your right to access and use our services immediately ceases. We may delete your account and content without liability. Provisions of these terms that by their nature should survive termination shall remain in effect.
13. Dispute Resolution
13.1 Informal Resolution
Before initiating formal dispute resolution, you agree to contact us to seek informal resolution of any dispute. We will attempt to resolve disputes in good faith.
13.2 Governing Law
These terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.
13.3 Arbitration
Any disputes arising from these terms or your use of our services shall be resolved through binding arbitration rather than in court, except where prohibited by law. You waive your right to participate in class action lawsuits or class-wide arbitration.
14. General Provisions
14.1 Entire Agreement
These Terms of Use, together with our Privacy Policy and any additional terms applicable to specific services, constitute the entire agreement between you and Spiralflare regarding your use of our services.
14.2 Severability
If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
14.3 Waiver
Our failure to enforce any right or provision of these terms does not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.
14.4 Assignment
You may not assign or transfer these terms or your account without our prior written consent. We may assign our rights and obligations under these terms without restriction.
14.5 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or technical failures.
14.6 Notices
Notices to you may be provided by email, posted on our website, or delivered through our platform. You agree that electronic notices satisfy any legal communication requirements.
14.7 Language
These terms are provided in English. Any translations are provided for convenience only, and the English version shall prevail in case of conflict.
15. Contact Information
If you have questions, concerns, or disputes regarding these Terms of Use, please contact us:
Spiralflare
54 Sugarloaf St
Port Colborne, ON L3K 2N1
Canada
Email: support@spiralflare.sbs
Phone: +15144881500
Acknowledgment: By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.