Terms of Service
1. Parties and Agreement
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Lifestream Dynamics ("Company", "we", "us", "our"), the operator of the Lifestream Learn platform and mobile application ("Service"). By accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are using the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms, and references to "you" include that organisation.
2. Eligibility
You must be at least 13 years of age (or 16 years of age where applicable law sets a higher minimum) to use the Service. By using the Service, you represent and warrant that you meet this requirement. If you are between 13 and 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
We reserve the right to refuse access to any person or entity at our sole discretion.
3. Account Registration and Security
To access most features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete registration information.
- Maintain and promptly update your account information to keep it accurate.
- Keep your password and authentication credentials confidential and not share them with any third party.
- Notify us immediately at info@lifestreamdynamics.com if you suspect any unauthorised access to or use of your account.
- Accept responsibility for all activities that occur under your account.
We reserve the right to terminate or suspend accounts that we reasonably believe have been compromised or are being used in violation of these Terms.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Use the Service in any manner that violates applicable local, national, or international law or regulation.
- Transmit, upload, or distribute any content that is unlawful, defamatory, obscene, harassing, threatening, infringing, or otherwise objectionable.
- Attempt to gain unauthorised access to any part of the Service, its servers, or any system or network connected to the Service.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any proprietary component of the Service.
- Scrape, crawl, or use automated means to access, collect, or index any content from the Service without our prior written consent.
- Circumvent, disable, or interfere with security-related features, including content protection or access controls.
- Use the Service to transmit unsolicited commercial communications (spam).
- Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
- Upload or transmit viruses, malware, or any other malicious code.
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or that could harm us or users of the Service.
We reserve the right to investigate suspected violations and, at our sole discretion, to terminate access, remove content, or take any other action we deem appropriate, including referring matters to law enforcement.
5. User Content
The Service permits certain users (Course Designers) to upload video content, create courses, and publish interactive assessments ("User Content"). You retain ownership of User Content you submit. By uploading User Content, you grant Lifestream Dynamics a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, transcode, reproduce, distribute, and display that content solely for the purpose of operating and delivering the Service to enrolled learners.
You represent and warrant that:
- You own or have all necessary rights, licences, and permissions to submit the User Content and to grant the licence above.
- The User Content does not infringe the intellectual property, privacy, or other rights of any third party.
- The User Content complies with these Terms and all applicable laws.
We do not endorse any User Content and expressly disclaim all liability arising from User Content. We reserve the right to remove any User Content that violates these Terms or that we find objectionable, without prior notice.
6. Intellectual Property
The Service, including its software, design, text, graphics, logos, and other proprietary material (excluding User Content), is owned by or licensed to Lifestream Dynamics and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership of our intellectual property to you.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal, non-commercial learning purposes, or, if you are a Course Designer, for creating and publishing courses on the Service.
"Lifestream Dynamics", "Lifestream Learn", and associated logos are trademarks or trade names of Lifestream Dynamics. You may not use them without our prior written consent.
7. Open-Source Software
Portions of the Lifestream Learn platform are released as open-source software under the GNU Affero General Public License v3.0 (AGPL-3.0). Use of any open-source component is governed by the terms of the applicable open-source licence. Nothing in these Terms restricts your rights under any applicable open-source licence.
8. Privacy
Our Privacy Policy describes how we collect, use, and protect your personal information. By using the Service, you agree to the collection and use of information in accordance with that policy.
9. Third-Party Services
The Service may contain links to third-party websites or integrate with third-party services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the terms and privacy policies of any third-party services you use.
10. Service Availability and Modifications
We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. We reserve the right to:
- Modify, suspend, or discontinue any part of the Service at any time, with or without notice.
- Perform scheduled or emergency maintenance that may temporarily reduce availability.
- Impose usage limits or restrict access to parts of the Service.
We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
11. Disclaimer of Warranties
Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted by applicable law, the above exclusions apply to the maximum extent permitted.
12. Limitation of Liability
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. To the extent such limitations are not permitted by applicable law, the above limitations apply to the maximum extent permitted.
13. Indemnification
You agree to defend, indemnify, and hold harmless Lifestream Dynamics and its directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights, including intellectual property or privacy rights.
14. Termination
Either party may terminate this agreement at any time. You may close your account by contacting us at info@lifestreamdynamics.com. We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will survive, including Sections 5 (User Content licence obligations), 6 (Intellectual Property), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), and 16 (Governing Law).
15. Changes to These Terms
We reserve the right to modify these Terms at any time. We will indicate the effective date of the current version at the top of this page. For material changes, we will make reasonable efforts to provide notice, such as by in-app notification. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance. If you do not agree to the modified Terms, you must stop using the Service and may delete your account.
16. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.
Any dispute arising out of or relating to these Terms or the Service shall first be addressed by contacting us at info@lifestreamdynamics.com to seek an informal resolution. If the dispute is not resolved within 30 days, either party may pursue resolution through the courts of competent jurisdiction in the Province of Ontario, and you irrevocably consent to the exclusive jurisdiction of those courts.
Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any jurisdiction to protect our intellectual property or confidential information.
17. Severability and Waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. A waiver of any provision will be effective only if in writing and signed by an authorised representative of Lifestream Dynamics.
18. Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and Lifestream Dynamics with respect to the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the Service.
19. Contact
Questions about these Terms should be directed to:
info@lifestreamdynamics.com