This agreement binds you or the company you represent (hereinafter referred to as "User," "You," or "Your") to the terms and conditions set forth herein in connection with your use of Sprongo, LLC’s (hereinafter referred to as "Our," "We," "Us," "Company" or "Sprongo") website, Sprongo.com (the "Site"), and/or the Sprongo mobile apps, software, services or other offerings provided by us from time to time (collectively, our "Products").
By using any of the Products, you agree to be bound by the terms and conditions of this agreement and the company's privacy policy located at https://sprongo.com/privacy and incorporated herein by reference (the "Privacy Policy").
If you do not agree to all the terms and conditions of this agreement and the Privacy Policy, you should not use any of the Products. Sprongo’s acceptance of your use of the Products is expressly conditioned upon your assent to all the terms and conditions of this agreement and the Privacy Policy, to the exclusion of all other terms. If these terms and conditions are considered an offer by Sprongo, acceptance is expressly limited to these terms.
We reserve the right to revise this agreement in our sole discretion at any time by posting the changes on the Site. While we may attempt to notify you when we make substantial changes to these terms and conditions, you should periodically review them for the most updated version. We may, in our sole discretion, revise these terms and conditions, and you agree to be bound by such modifications.
The Products provided by Sprongo enable Users to connect with independent instructors ("Instructors") who provide both live and recorded instruction, tutoring, and learning services. These Products include, but are not limited to, functionality that facilitates hosting instructional videos, sharing supporting materials, and receiving feedback from Users.
Please be aware that the Company reserves the right to modify or discontinue any of its Products at any time.
As a User, you are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Products. This responsibility also extends to obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
Your use, access, and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations. This includes, but is not limited to, laws relating to copyright and other intellectual property use, and to privacy and personal identity.
In connection with your use of the Products and Site, you must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; or collect any personally identifiable information, impersonate another person, or gain unauthorized access to another person’s Account.
You are also prohibited from introducing any virus, worm, spyware, or any other computer code, file or program that may damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Products or operation thereof. Using scraping tools, spiders, robots, or other automated means to access the Products is strictly forbidden.
The Site operates solely as a marketplace to connect Instructors and Users. We do not hire or employ Instructors, nor do we oversee or take responsibility for interactions between Instructors and Users.
We bear no responsibility for any disputes, claims, losses, injuries, or damages of any kind that may arise from or relate to the conduct of Instructors or Users. This includes, but is not limited to, any User's reliance on information provided by an Instructor.
We strongly urge you to consider that an Instructor's advice may not be tailored to your specific circumstances or objectives.
Unless otherwise stipulated in this Agreement, Sprongo does not claim any ownership rights over text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials ("Content") that you post or upload to the Site or through the Products or Services offered by us ("Submitted Content"). You retain all your ownership rights in such Submitted Content, subject to the provisions of this Agreement.
You alone bear responsibility for any third-party content in your Submitted Content and for the use of the Submitted Content, including on our Site and other Products. We reserve the right to remove such Content, your Submitted Content, and/or any other content at our sole discretion.
The Site and/or Products may feature content licensed to Sprongo from third parties, including content in which you appear and/or are identified, or that includes your name, sobriquet, professional name, image, likenesses, other identifications, and biographical material ("User Featured Content"). Together with Submitted Content, this is referred to as "User Content."
You grant us and our licensees, distributors, agents, independent contractors, representatives and other authorized users (collectively, the "Sprongo Entities") a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable worldwide license to use, reproduce, transmit, display, distribute, index, comment on, modify, create derivative works based upon, and otherwise exploit User Content, in all media formats and channels known now or devised later, for any purpose, including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes. This is done without further notice to you, with or without attribution, and without requiring any permission from or payment to you or any other person or entity (the "Content License"). We are appointed as your agent with full power to enter into and execute any document and/or act to confirm, fully utilize, or enforce the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.
You assure us that:
You agree not to use the Products in any manner that:
In addition, you agree not to use the Services, the Products, or the Site to engage in:
Impersonating another User or other individual is strictly prohibited. You acknowledge that the Services are for public, not private communications, and you have no expectation of privacy regarding any User Content. We cannot guarantee the security of any information you disclose; you make such disclosures at your own risk. Also, exercise caution and skepticism about information provided by others; use of any User Content on the Site is at your own risk. If you become aware of misuse of the Services, please contact us at support@sprongo.com. We reserve the right to reject, refuse to post, remove any posting by you, or restrict, suspend, or terminate your access to all or any part of the Site, Products, or Services at any time, without prior notice, and without liability. Users seeking or engaging Instructors represent and warrant that: You have read, understood, and agreed to be bound by the pricing information before using the Site or Products; You will not misuse any Company Content, Products, Courses, or Submitted Content; You will protect your personal information and will not disclose it to an Instructor; You will not solicit personal information from any Instructor or other User.
If you are an "Admin" of a team instructing users in connection with a team or a playlist, you are termed an "Instructor," and the following additional terms and conditions apply (the "Instructor Agreement"). As an Instructor, you represent, warrant, and covenant that:
To use certain products, you will need to register and obtain an account, username, and password (collectively, your "Account"). The information you provide us during the registration process assists us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your Account and for all activities that occur under your Account. You commit to ensuring that your Account information is accurate at all times. You must:
We are not responsible for any loss or damage arising from your failure to comply with the above requirements or as a result of the use of your Account, either with or without your knowledge, prior to notifying us of unauthorized access to your Account. Transferring your Account to another person is not permitted. You may not use anyone else's Account at any time without the permission of the account holder. In instances where you have authorized or registered another individual, including a minor, to use your Account, you are fully responsible for:
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof provided by the Company in connection with the products, is collectively referred to as "Company Content."
You have the right to remove all or any portion of your Submitted Content from the Site at any time. The removal of your Submitted Content will terminate the aforementioned license and rights sixty (60) days after such removal regarding new uses. However, any rights given to users or instructors prior to that time will continue according to the terms granted to such users or instructors.
We grant you (as a user) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Site and the products, in accordance with this Agreement and any conditions or restrictions associated with specific courses or products. All other uses are strictly prohibited without our explicit written consent.
Instructors may not grant you license rights to Submitted Content you access or acquire through the services. Any such direct license shall be null and void and a violation of this Agreement.
You grant the Company permission and release to use your name, likeness, image, or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, products, courses, and Company Content, waiving any and all rights of privacy, publicity, or any other rights of a similar nature.
We respect all copyright, privacy, defamation, and other laws relating to content and information and will not tolerate violations. Despite this, we do not screen the Submitted Content, and all usage of Submitted Content by you is at your own risk. The appearance of Submitted Content on the Site or through the products does not imply endorsement or a representation that it is free of any violation.
If you believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, report it to the Company via email (contact@sprongo.com).
Our pricing is structured as follows:
All prices are in USD.
By subscribing to any of these plans, you agree to pay the associated fees and authorize us to charge your credit card for these amounts on a monthly basis. If your credit card is declined, you agree to pay us the fees within thirty (30) days of notification from us and pay (at our discretion) a late payment charge at the lesser of 1.5% per month or the maximum permitted by law.
To subscribe to the service or make any purchase in connection with the service, you must be at least 18 years old or have the consent of a parent or guardian.
Subscription: Certain features of the SPRONGO service may require a subscription for a specific period, as indicated during the sign-up process (referred to as a "Subscription"). Unless you cancel your Subscription or we terminate it, your Subscription, which may start with a promotional offer, will automatically renew on a similar Subscription-to-Subscription basis.
Payment Methods: To purchase any Subscription, you must provide us with a valid and accepted method of payment (referred to as the "Payment Method"), which may vary over time. All Subscription purchases are subject to this Agreement and any additional terms and conditions, including fees, imposed by your financial services provider or mobile carrier, if applicable. By providing your account information for any Subscription, you authorize SPRONGO to charge the total cost of that Subscription to your Payment Method and agree to be responsible for all related charges. If any charges fail when payment is due, you will be liable for costs associated with SPRONGO's efforts to collect the amounts due. You declare and assure that all information you provide for the purchase of a Subscription is true, accurate, and complete. We reserve the right, at our sole discretion, to offer Subscriptions of durations and costs that we deem suitable.
Billing Cycle: As indicated during sign-up, the fee for some Subscriptions must be paid in one upfront payment, while other Subscriptions may permit payment on an installment basis. If the Subscription fee is paid in one upfront payment, the total Subscription fee is due immediately upon purchase, and your Payment Method will be automatically charged then. If the Subscription fee is paid in installments, your Payment Method will be automatically charged at the beginning of each installment period, as specified during sign-up.
Automatic Renewal: To ensure uninterrupted service, SPRONGO automatically renews all Subscriptions upon their expiry. These renewals extend for the same duration as the original subscription term (30 days) and are billed at the non-discounted rate for the Subscription that was in effect at the time of your initial enrollment. The billing method will follow your original choice (i.e., either a single upfront payment or on an installment basis). By enrolling in a Subscription, you consent to the automatic renewals described here. Furthermore, you understand that the billed amount may differ if your original Subscription was purchased using a promotional offer. You authorize us to charge your Payment Method for these varying amounts and any other charges that may arise in connection with your use of the Subscription. Your Subscription will remain active and continue to renew automatically until it is canceled.
Cancellation: If you wish to cancel your automatic Subscription renewal, you may do so by (i) visiting your account settings page or your team's account settings page or (ii) sending a cancellation request via email, including your reasons for cancellation, to support@sprongo.com. SPRONGO will strive to process cancellation requests within two business days from receipt.
Lock-in Period: Generally, there is no lock-in period. However, certain Subscriptions may have a lock-in period, which will be explicitly communicated when placing an order. Termination of a Subscription without a lock-in period will take effect at the end of the paid-for period. Termination of a Subscription with a lock-in period will take effect upon the expiry of the lock-in period.
We offer a ten (10)-day, no-questions-asked money-back guarantee on all purchases. If you, as a user, are unsatisfied with your purchase and request a refund within ten (10) days from the payment date, we will provide you with a full refund of the paid amount. To request a refund, please contact us at support@sprongo.com. Please be aware that if we perceive that you are exploiting our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and limit your current or future use of the products without any liability.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site, in the products, or in any Company Content are our registered or unregistered Trademarks or are the registered or unregistered trademarks of our suppliers or third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved, and you may not alter or obscure the Trademarks or link to them without our prior approval.
Our patents, including but not limited to U.S. Patent 16/738,882, (the "Patents"), used and displayed on the Site or in connection with the products, are our registered Patents and are protected pursuant to U.S. and foreign patent laws. All rights are reserved, and you may not infringe upon, alter, obscure, or otherwise use the Patents without our prior approval.
Your use of the products is at your sole risk, to the fullest extent permitted by law. SPRONGO, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the products and your use of them. SPRONGO makes no warranties regarding the accuracy or completeness of the content contained in the products and assumes no liability for errors or omissions in content, unauthorized access to our servers, interruption or cessation of transmission to or from our services, viruses or malware transmitted through our products, or damage resulting from the use of content via the products. SPRONGO does not endorse, guarantee, or assume responsibility for any product or service advertised by a third party through its products, including instructors, and will not monitor any transaction between you and third-party providers of products or services.
SPRONGO, its equity owners, officers, directors, employees, affiliates, or agents will not be liable for any direct, indirect, incidental, special, punitive, or consequential damages resulting from any:
This limitation applies regardless of whether the alleged liability is based on contract, tort, warranty, or any other legal theory and whether or not SPRONGO has been informed of the possibility of such damage. If for any reason we are found to be liable, our liability to you or to any third party is limited to the greater of:
You agree to indemnify and hold harmless SPRONGO, its affiliates, officers, directors, employees, licensors, representatives, and third-party providers from any losses, damages, claims, and expenses, including legal fees, arising out of your breach of these terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.
These Terms and your use of the Service will be governed by the laws of the State of Colorado, USA, excluding its conflicts of law rules.
We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including a breach of these Terms. Upon termination of your account, your right to use the services will immediately cease. If you wish to terminate your account, you may simply stop using our services or contact us at support@sprongo.com. Even after your rights under these Terms are terminated, all provisions which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Any dispute over these Terms will be subject to the jurisdiction of state or federal courts in Denver County, Colorado. Any dispute, claim, or controversy arising from these Terms, including formation, validity, effect, interpretation, performance, breach, termination, or non-contractual claims, will be arbitrated under the AAA Commercial Arbitration Rules. Arbitration will take place in Denver, Colorado, using English.
Parties may seek temporary restraining order, preliminary injunction, or other interim relief from any court of competent jurisdiction without breaching this section and without limiting the powers of the arbitrator. The arbitrator can award any individual or equitable relief, including injunctive relief. Any award is final and binding and can be entered in any court of competent jurisdiction.
You agree to accept injunctive relief to prevent any lawsuit or to remove you from a suit. This Terms does not waive any of your rights to pursue a claim individually in binding arbitration, not as a class action. This is an independent covenant. You can opt out of this section by giving written notice within ten days of the first use of the Site or Service.
Effective Aug 30, 2023