Cricket ABC Terms of Use
1. Acceptance and Update of User Agreement
1.1 Acceptance of Terms Cricket ABC agrees to provide a mobile application service (hereinafter referred to as”Service”) in accordance with the provisions of this agreement and the operating rules issued from time to time. Please be sure to carefully read and fully understand the contents of each clause, especially the clauses on exemption or limitation of liability, applicable laws and dispute resolution clauses. Terms that exclude or limit liability will be underlined in bold and you should read them carefully. Service Users (hereinafter also referred to as “users”) who install instal the application, use it, create an account, and/or login to the “Cricket ABC” application choose to accept this “Agreement” (minors should be accompanied by legal guardians to read) and agree to be bound by the terms. During the process of reading this agreement, if you do not agree with this agreement or any of its terms, you should immediately stop installing, using, obtaining an account and/or logging in to the software.
1.2 Updating of Terms This “Agreement” may be updated by [大连睿道易博教育信息技术有限公司] (hereinafter referred to as “Company”) at any time, and users can check the terms of the latest version of the agreement at any time. Once the updated terms of the agreement are announced, they will immediately replace the original terms of the agreement without prior notice. After the Company modifies the terms of the “Agreement”, the user’s continued use of the Service will be deemed to accept the revised agreement. If the user does not accept the revised agreement, please stop using the software and its services immediately.
2. Instructions for Using the Account
2.1 Permissions You confirm that before you install, use, obtain an account and/or log in to the Software, you should have the civil capacity for your actions as required by the laws of the People’s Republic of China. If you do not have civil capacity for your actions, you and your guardian shall bear responsibility for any consequence in accordance with the law. If you are a minor, please access and/or use this Software with the consent and guidance of your guardian.
2.2 Account Management The ownership of the “Cricket ABC” account belongs to [大连睿道易博教育信息技术有限公司], and the user will obtain the corresponding right to use the Service after completing the account creation process. The account registered by the user on the Service can only be used by the user or their child. Only one child may use an account at any time. The user assumes the responsibility for the custody of the account and is fully responsible for all activities under the registered account.
2.3 Device Logins A registered account can only be used on one device at any given time. If a user is already logged in on a device and attempts to login from another device, the user will be automatically logged out from the first device. Logins will require re-authentication of the user’s login information. When the Company finds abnormal login phenomenon of the account, the Company has the right to require the user to re-verify the account to ensure the security of the user’s account.
2.4 Limitations of Use The user shall not carry out behaviors including but not limited to the following: log in to use Software through software, plug-ins, etc. that are not developed, authorized or approved by [大连睿道易博教育信息技术有限公司]; transfer or lend their account login credentials to others; remove copyrighted information; reverse engineer, reverse assemble, and decompile the Software; use the Software in any unlawful way, for any unlawful purpose, or in any way inconsistent with this agreement to use the Software and other services provided by the company. If a user downloads the Software through a website other than the app store, the official website of the Company, or the website authorized by the Company, it may lead to unpredictable risks, and all legal liabilities and disputes arising from such action will be the responsibility of the user and have nothing to do with the Company.
2.5 Termination If the user violates the above provisions, the Company has the right to terminate the online function of the user account without prior notice to the user. In addition, if your behavior on this Software violates the relevant laws and regulations, the Company may report and submit your usage records and other information to the relevant competent authorities in accordance with the law.
3. Service
3.1 Content The specific content of the Service of the Company is provided by the Company and may be updated or otherwise altered from its current state without notice. Furthermore, the user understands that to stay compliant with Chinese law, the Company may remove content from the Service at any time, without notice to the user. The user also agrees that the content provided by the Service for English Language learning is limited in its scope and that the Company is not obligated to provide additional content through the Service.
3.2 Free Trials All content provided through the Service of the Company is made available to users with free trial accounts. Free trial accounts will provide users with full access to all content provided by the Service and all functionality of the Software provided through the Service for 7 consecutive days. At the conclusion of a user’s free trial, if the user has not subscribed to the Service, access to content will be limited to 35 individual pieces of content and functionality will be limited. If the user allows their free trial to expire, and does not subscribe to the Service afterwards, the user’s data will remain intact for a period of one year, at which point the user’s account and all associated data will be deleted.
3.3 Subscriptions All content provided through the Service of the Company is made available to users with subscription accounts. Subscription accounts will provide users with full access to the content provided through the Service for the duration of the period identified in the subscription plan. Users who subscribe to a non-auto-renewable subscription plan will retain full access to all content provided by the Service and all functionality of the Software from the day of the month the subscription plan was initially purchased until the same day of the following month unless they have purchased an additional subscription. Users who subscribe to an auto-renewable subscription plan will retain full access to all content provided by the Service and all functionality of the Software from the day of the month the subscription plan was initially purchased until the same day of the month of the following month (for Monthly Auto-Renewable plans) or the same day of the month of the fourth month (for Quarterly Auto-Renewable plans), unless they have purchased an additional subscription. At the conclusion of a user’s subscription, if the user has not purchased a new subscription to the Service, access to content will be limited to 35 individual pieces of content and functionality will be limited. If the user allows their subscription to expire, and does not subscribe to the Service afterwards, the user’s data will remain intact for a period of one year, at which point the user’s account and all associated data will be deleted.
3.4 Subscription Management & Cancellation Users can manage their subscription within the application after purchasing an original subscription plan and/or upgrading to a new subscription plan. Once a user has purchased a subscription, they understand that if they wish to cancel their subscription that the application provides instructions on how to do this, but it is the responsibility of the user to cancel the billing authorization in Apple Pay. Additionally, when a user upgrades to a new subscription, the new subscription will start immediately. If there are any ‘unused’ days left on the original subscription, they will be added to the new subscription’s end date. If a user with an active auto-renewable subscription plan purchases a different auto-renewable subscription plan, the Software will remove the current authorization associated with the original auto-renewable subscription and request the user to provide a new authorization for the new auto-renewable subscription. If a user with an active auto-renewable subscription plan attempts to purchase a different non-auto-renewable subscription plan, the Software will not remove the current authorization associated with the original auto-renewable subscription. In this case, the Software will request the user to remove authorization in Apple Pay for their auto-renew subscription before they attempt to purchase the non-auto-renewable plan.
3.5 Pricing & Refund Policy The Company has the right to unilaterally price the Service it provides and has the right to change it according to its own operational needs. No refunds will be issued for any unused portion of a paid subscription plan.
The Company may modify and change the charging standard and method of the charging service in this service according to the actual needs, and the Company may also start charging for some free services. Before the above modification, change or charging, the Company will notify or announce in advance on the corresponding service page. If you do not agree with the above modification, change or payment content, you can choose to stop using the service. The charging standard of service products and the course content and service items contained shall be subject to the content shown in this software at the time of actual purchase. The company has the right to provide preferential treatment for the service fees of service products from time to time, but the preferential treatment is only applicable to the specific preferential period publicized on the software. For the price of any service products, price concessions and promotional activities provided by the company, the company does not ensure that the price is the lowest price, and the company reserves the right to launch more preferential discount in the future.
4. Privacy Protection
4.1 Compliance The Service collects limited personal information through the Software. Personal Information refers to any information that can be used to personally identify users and that would affect their wellbeing and personal integrity if it were to be obtained, legally or illegally, by third parties. The Company takes the protection of users’ personal information seriously and has taken all steps to comply with the China’s Personal Information Protection Law (effective November 1, 2021) and other applicable laws governing the processing of personal information.
4.2 Consent Users are required to review the Cricket ABC Privacy Policy, provided during the process of creating an account, before using the Service. Furthermore, users may access the current Privacy Policy at any time via the Settings feature within the Software. If users have any questions about the processing of their personal information, they may follow the directions outlined in the Privacy Policy to contact Cricket ABC’s Customer Support.
5. Intellectual Property
5.1 Legal Jurisdiction The videos, audios, multimedia materials, images, text or content presented in any other form transmitted through the Software are subject to the Copyright Law, Trademark Law, Patent Law, Anti-Unfair Competition Law of the People’s Republic of China and corresponding international treaties and regulations.
5.2 Ownership Rights The Company enjoys all legal ownership (including but not limited to intellectual property rights) of the Software in accordance with the law. All copyrights, trademarks, patents, trade secrets and other intellectual property rights, as well as all related information content, including but not limited to icons, charts, colors, interface design, layout framework, data, digital content, etc., are subject to the Copyright Law of the People’s Republic of China, as well as all applicable trademark law, patent law, anti-unfair competition law and corresponding international treaties and other intellectual property laws and regulations that apply to the Company and its Software. Any rights that the relevant rights holders are entitled to in accordance with the law are excluded.
5.3 Consent for Use Users shall not use any Software logos (graphics) and/or the product and service logos of [大连睿道易博教育信息技术有限公司] and/or trademarks or registered trademarks in other countries without prior legal authorization from the Company. Furthermore, users are prohibited from copying, distributing, exhibiting, adapting, compiling, publishing, disseminating, reprinting, editing, modifying, renting, or selling any of the Company’s or Software’s content without prior written consent of [大连睿道易博教育信息技术有限公司].
6. Legal Liability and Disclaimer
6.1 Legal Liability Theuser expressly agrees that the risks in the use of the Software and related Service will be entirely borne by themselves. All consequences arising from users’ use of the Company’s Software and related Service services shall also be borne by themselves, and the Company shall not bear any responsibility to the user.
6.2 No Guarantee Clause The Company does not guarantee that the Software will meet the user’s requirements, that the Software will not be interrupted, nor does it guarantee the relevance, safety, and accuracy of the Software.
6.3 No Responsibility Clause The Company does not assume any responsibilityfor network service interruption or other defects caused by force majure or reasons beyond the Company’s control, but will try to the impact of any interruptions on users’ ability to utilize the Software
7. Dispute Resolution
7.1 Risk Policy Theuser expressly agrees that the risks in the use of the Software and related Service will be entirely borne by themselves.
7.2 Dispute Resolution Policy The conclusion, execution, interpretation and dispute resolution of this agreement shall be governed by the current laws and regulations of the People’s Republic of China. In the event of a conflict between some of the terms of this agreement and the laws and regulations of the People’s Republic of China, these terms will be completely reinterpreted in accordance with the laws and regulations. If any provision of this Agreement is held to be void, invalid or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.
7.3 Jurisdiction Disputes arising from your use of this Software and related Service shall be settled by the Company through negotiation with you; if the negotiation fails, either party may file a lawsuit with the people’s court where the Company is located.
8. Notifications
8.1 From Company Notifications fromthe Company or its Service to users under this agreement can be made through web announcements, embedded web pages, or mobile phone text messages and such notifications are deemed to have been delivered to the recipient on the date.
8.2 To Company The user’s notice to the Company and/or its Service shall be delivered through the Company’s official WeChat account.
Company: Room 212, Block G, No. 901, Huangpu Road, High-tech Park, Dalian, Liaoning, China, 116085
Registered Address: same as above
Release Date: September 2022
