RISU Subscription Agreement
By using any services (Services), of RISU USA, LLC ("RISU") including the myrisu.com web site (Site), the tablet (RISU Tablet) that RISU provides or the application (Application), you are agreeing to be bound by the following terms and conditions ("Terms"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT SUBSCRIBE NOR USE THE SERVICES.
Us, our, ours, we etc. means or refers to RISU.
You, your, yours, etc. means or refers to the legal entity or natural person that you represent when using this Site or the Services.
Student, students means or refers to the child or children who use the RISU Tablet to learn the curriculum.
Subscriber means or refers to the natural person or legal entity that registers the account and subscribes for the Services. Usually, Subscriber is a parent or a legal guardian of Student.
Learning Materials mean or refer to contents that RISU allows its Students and Subscriber to use.
Application means or refers to the software application and related data and information that RISU provides to Subscriber and Students other than Learning Materials.
RISU Tablet means or refers to the dedicated tablet that RISU loans to a Subscriber while Subscriber subscribes Services to use the Application and Learning Materials.
Date of Contract means the third day after RISU ships You the RISU Tablet
Base Subscription Fee has the meaning set forth on Exhibit A.
Achievement Award Fee has the meaning set forth on Exhibit A.
Other defined terms have the meanings established elsewhere in the Terms.
Defined terms may be referred in the singular or the plural, and shall be interpreted to have either singular or plural meaning as applicable under the circumstances.
• RISU may provide or promote new terms related to the Service via online or off line. Such terms are a part of this Agreement and govern if there are any conflicts with any prior Terms.
• If RISU makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and additional content, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: http://www.myrisu.com/us/term.html
• Violation of any of the Terms will result in the termination of your Account. RISU prohibits such conduct which would be a violation of the Terms. You agree to use the Services at your own risk.
B. Account Terms
• You must be 21 years or older to subscribe to the Services. Subscribers under 21 years old are strictly prohibited. If you are under the age of 21 years, your parents or legal guardian must be the Subscriber for the Services and you may use the Services only under the supervision of the Subscriber.
• You must provide your name, a valid email address, and any other information requested in order to complete the signup process.
• This Agreement will be effective when RISU accepts your application, not when you submit the information. RISU may reject your application in its sole discretion without any reason.
• Your login may only be used by Subscriber.
• You are responsible for maintaining the security of your account and password. RISU cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• RISU may send a RISU Tablet to the Subscriber after certain internal review processes. RISU owns the RISU Tablet including tablet, case, battery charger, stylus, user guide and other items. RISU loans a RISU Tablet to Subscriber upon shipment during the period that Subscriber subscribes to the Service.
• Subscriber agrees to send the RISU Tablet back to RISU with a shipping method that allows tracking the package and to inform RISU of the tracking number, or to comply with special written instructions provided by RISU upon cancellation or termination of the subscription.
• Subscriber is responsible for any loss of or damages to the RISU Tablet including the case, the battery charger, and the stylus sent from RISU for the registered Student use and agrees to use the RISU Tablet only for the registered Student’s learning purpose.
• You understand the risks of using the RISU Tablet including but not limited to the potential negative impact of the eyesight of the user, you agree on taking responsibility for all associated risks and exempt RISU from all responsibility and liability.
• You understand that RISU does not guarantee any academic advancement.
• One person or legal entity may not maintain more than one account or free account.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
1. RISU provides the Learning Materials and Application by sending the data to the Subscriber’s RISU Tablet or email address when Subscriber subscribes to the Service. Subscriber agrees to pay for the cost of data transmission via the Internet.
2. Subscriber and Student may use the Learning Materials and Application only with the RISU Tablet and only for the Student’s learning purpose.
3. Subscriber and Student may use RISU products that include but are not limited to Learning Materials, Application and RISU Tablet only for only private use.
4. Only a registered Student may use the Learning Materials, Application and RISU Tablet under a valid subscription. Subscriber may change the registered Student to another individual by following instructions provided by RISU.
5. RISU has the right to change the Service in its sole discretion at any time for any reason.
6. RISU has the right to amend, delete and update Learning Materials, Application and RISU Tablet in its sole discretion at any time for any reason. RISU may or may not inform Subscriber of the change.
7. RISU has the right to update the Application and RISU Tablet in its sole discretion at any time for any reason.
8. RISU provides support for the Learning Materials, Application and RISU Tablet in the English language via email and/or a web form on the Site.
9. Subscriber has all responsibility for the use of Services except explicitly described in this Agreement and agrees to use best efforts to keep other Subscribers, other Students and third parties free from any damage.
See Exhibit A
E. Payment, Refunds and Plan change
• All paid and free plans must enter a valid payment account.
• RISU has right to bill you shipping handling fee and the replacement part cost upon shipment of RISU Tablet and/or the replacement parts.
• The annual subscription fee covers twelve months from the Date of Contract and the quarterly subscription fee covers three months from the Date of Contract.
• RISU Math subscribers are billed both Base Subscription Fee and Achievement Reward Fee, RISU Math Jr. subscribers are only billed Base Subscription Fee.
• In case of a plan change from the free plan to any paid plan, RISU will bill you the applicable installment(s) of the paid plan on the last business day of the applicable month.
• In case of new subscription for a paid plan, RISU will bill you the applicable installment(s) of the paid plan on the last business day of the applicable month.
• Base Subscription Fee of quarterly plan is billed as one installment for the three months on the last business day of the first month.
• Base Subscription Fee of annual plan is billed in four installments on the last business day of the first four consecutive months. Each installment covers three months.
• Achievement Reward Fee is calculated every month at 2am PST on the last business day and billed on the last business day of the month.
• Quarterly and annual subscription plans are non-refundable. In case of early termination or cancelation, RISU will bill you immediately for the total of unbilled installments of the remaining period of the paid plan.
• If the Student completes RISU Math Jr. within committed paid plan period, your RISU Math Jr. subscription automatically converts to RISU Math. RISU starts billing the Achievement Reward Fee from the month of conversion. Your subscription will be renewed as RISU Math paid plan after the initially committed paid plan period automatically unless you cancel or terminate the subscription.
• If you subscribe to the quarterly plan and subscribe to Tablet Insurance (described in section F), the fee is billed on the last business day of the first month. Tablet Insurance is non-refundable.
• There will be no refunds or credits for partial use of Service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
• When changing a subscription plan to another subscription plan, RISU will bill for the new subscription plan at the end of the month.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes.
• Subscriber is responsible for providing Internet connectivity for the RISU Tablet and receiving emails, text messages and phone calls from RISU and pays all the costs that include but are not limited to Internet service provider fee, Wi-Fi router cost and data cost, to connect RISU Tablet to the Internet.
• In case of a RISU price change, new prices will be applied from new billing cycle or a new request of replacement parts placed after new prices become valid. No refund or additional charge will be made to the existing billing cycle or the replacement parts request received prior to the effective date of new prices.
• If there is delay of payment, RISU charges 14.6% annual interest on the amount from the next business day after billing date to completion of payment.
• RISU, at its sole discretion, retains the right to bill you for the replacement parts if RISU Tablet, the case, the battery charger and the stylus are not returned, returned but significantly damaged other than normal use, or broken after termination or cancellation of subscription.
• RISU also retains the right to bill you for the replacement parts if you beak or lose the RISU Tablet, the case, battery charger and/or stylus while you are subscribing to the RISU Service.
F. Tablet Insurance
1. If you subscribe to Tablet Insurance, you can replace the RISU Tablet once for $60 if damaged RISU Tablet is returned to RISU. Once the RISU Tablet is replaced, the coverage ends. You will need to re-subscribe to the Tablet Insurance at a cost of $20 if you would like coverage through the end of the remaining base subscription period. You need to re-subscribe by the last business day of the month RISU Tablet was replaced. You will not be able to subscribe to Tablet Insurance afterward.
2. If you are an annual subscription plan subscriber, you are automatically entitled to Tablet Insurance. If you are an annual subscription plan subscriber and replace the tablet, you need to subscribe to Tablet Insurance to cover the remaining subscription period.
3. If you are a quarterly subscription plan subscriber, you are not entitled to the Tablet Insurance and must subscribe for Tablet Insurance to be covered. You can subscribe for Tablet Insurance at a cost of $20. You need to subscribe by the last business day of the first month of your subscription. Tablet Insurance covers to the date either, twelve months from the Date of Contract of base subscription, or the date when the subscription is terminated or cancelled, whichever comes earlier.
4. Tablet Insurance only covers the RISU tablet and does not cover other parts including, but not limited to, the battery charger, case, charging cable, and stylus.
5. Tablet Insurance does not cover the suspension period.
6. We will replace the tablet with equivalent new or refurbished tablet if the damage was unintentional or the tablet itself malfunctions.
7. Tablet Insurance does not cover the following: 1) any damage caused by RISU Tablet itself, 2) a RISU Tablet damaged by modification, abuse, misuse, liquid contact or water damage, fire, earthquake or any other natural disaster, 3) a RISU Tablet that has been lost or stolen (damaged RISU Tablet must be returned to RISU), 4) cosmetic damage, 5) any other parts including, but not limited to, the case, battery charger, cable and stylus pen.
8. Each Tablet Insurance subscription only covers one RISU tablet associated with the base subscription. If you have multiple subscriptions, each of them need to subscribe to the Tablet Insurance separately.
9. The Tablet Insurance will be renewed automatically including quarterly subscribers who once subscribe to it.
G. Cancellation and Termination
• You are solely responsible for properly cancelling or terminating your account. Unless you cancel or terminate your account or RISU terminates your account, your current subscription will be automatically renewed at the end of the billing cycle.
• If do not want to renew the subscription, you must send a termination notice to email@example.com with subject of Termination, your name, and Student’s name at least one month prior to the next billing date from your registered email address.
• In case of termination, Student is able to keep using the Service through the end of the current subscription period. After the subscription period ends, all of the Student’s learning history, points, special keys and videos will be deleted from the Service. This information cannot be recovered once your account is terminated.
• If you would like to cancel immediately, you need to send a cancellation notice to firstname.lastname@example.org with subject of Cancellation, your name, and Student’s name from your registered email address.
• If you cancel the Service before the last month of your current billing cycle, your cancellation will take effect immediately and you will not be charged again.
• If you cancel the Service within the last month of the billing cycle without the valid prior termination notice to RISU, your cancellation will take effect immediately after the auto-renewal and you will be billed for the renewal. So, if you would like to terminate or cancel the subscription, please inform RISU the intention one month prior to the auto-renewal.
• All of your Student’s learning history, points, special keys and videos will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
• RISU, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other RISU service, for any reason at any time. Such suspension or termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all information in your Account. RISU reserves the right to refuse service to anyone for any reason at any time.
• Within one week from the cancellation or termination, you must return the RISU tablet with its battery charger, case and stylus to RISU via a shipping method that allows tracking of the package at your own cost, unless you receive a special written instruction from RISU.
• You may keep the RISU Tablet at the cost of specified in the Exhibit A if you want to. You can use it for the review.
• You agree to comply with the special written (email) instructions from RISU on returning the RISU Tablet if RISU provides the instructions.
• If RISU does not receive the RISU Tablet and the ancillaries within two weeks after cancellation or termination or the RISU Tablets and the ancillaries are damaged upon their return, you agree to pay RISU the charges for the replacement or repair.
• Subscriber may terminate this Agreement in following cases;
• RISU breaches this Agreement and could not fix the situation within 45 days after receiving written notice from the Subscriber.
• RISU becomes insolvent.
1. RISU may suspend the Service if RISU agrees on the suspension request from the Subscriber and after processing the request internally. Suspension period starts the first day of the following month after RISU agrees to the suspension.
2. Subscriber needs to submit the suspension request in compliance with RISU’s instructions prior to the suspension. If the instructions conflict with this Agreement, the instructions govern over this Agreement.
3. Subscriber has the obligation and agrees to pay the suspension fee for suspension period separately from paid subscription plan. If the Subscriber has any payment obligation before the suspension in accordance with this Agreement, the obligation stays current during the suspension period.
4. RISU does not refund any paid Service fee but agrees to maintain the remaining subscription period during the suspension.
5. The suspended subscriber can restart the subscription any time upon notice to RISU and agreement from RISU, and agrees that RISU counts the month as the normal full subscription month.
6. Once suspended, RISU maintains learning history, points and scores of Subscriber’s Student during the suspension period and keeps them accessible via Site for the Subscriber.
7. RISU extends the annual or quarterly subscription period for the same amount as the suspension period.
I. Modifications to the Service and Prices
• RISU reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
• Prices of all Services, including but not limited to quarterly, six months and annual subscription fees of Service, and replacement parts, are subject to change upon 15 days prior notice from RISU. Such notice may be provided at any time by posting the changes to the Site (www.myrisu.com/us/) or by email.
• RISU shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
• Prices of all Services, registration fee, cost for cancellation, suspension and modification, and other fees are defined in the separate price list, Exhibit A.
• Information provided by you to RISU during registration and usage data while subscribing the Services will be treated by RISU as confidential while you are subscribing to the Services and for 2 years from the date of termination of your subscription. We will make good faith efforts to keep your information confidential in a secure operating environment unavailable to the public, but we cannot guarantee complete security. We do not guarantee that our security measures will prevent third party "hackers" from illegally accessing our site and obtaining access to content or information thereon. Except to the extent otherwise mutually agreed in writing, RISU is not obligated to maintain the confidentiality of any content you communicate to the Site or give us in connection with the Services.
• Further RISU will display certain information in your profile and in usage of Services on the Site to users of the Site and the Services. We do not guarantee that these users will use your information obtained through the Site or Services in accordance with its agreements with you.
• Information displayed in your profile includes, without limitation, Student name, subjects and test scores that the Student studied, and points that the Student gets.
• As a user of the Site and Services, you are obligated to keep the information of other users confidential, and to use the Service only for the purposes of improving academic achievement, self-esteem, self-efficacy and confidence of the Student.
• Users may not republish any information you obtained from the Site or the Services; this does not apply if you obtained this information from another source without confidentiality obligations.
K. Copyright and Intellectual Property
• We claim no intellectual property rights over the material you provide to the Service. Your profile remains yours. However, by setting your pages to be viewed by the third parties such as a tutor and a school teacher, you agree to allow others to view your child’s progress report.
• All content, features and functionality (including but not limited to all text, images, data, information, software, and other material displayed and the design, selection and arrangement thereof), available or present on this Site, Application, RISU Tablet and Service, including any intellectual property rights in the same (including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of RISU, its licensors or the designated owners, and are protected by applicable United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary information rights laws. You should assume that everything you see or read on this Site, Service, Application and RISU Tablet is copyrighted unless otherwise noted, and may not be used without our written permission, except as otherwise provided in these Terms.
• You agree that RISU shall have, and hereby grant to RISU, a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, use, or otherwise disclose to third parties, in any form or media, any information that you submit to this Site or RISU, for use in accordance with these Terms and other agreements with you. You grant RISU all the rights to use information you provide to perform the Terms and the other agreements between us.
• You may not copy, reproduce, distribute, modify, republish, download, display, post, create derivative works of, publically perform, store or transmit the Service or Application in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior written permissionYou may access and use this Site for your own personal use only. except as follows:
• You may access and use this Site for your own personal use only.
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your Web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• For desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights no expressly granted are reserved by RISU. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
L. Suspension of Service
• RISU may suspend providing the Service, in whole or part, in its sole discretion in following cases;
• For maintenance or repair of servers, network and/or the data.
• Emergency such as fire, outage, war, terrorism, natural disaster and others.
• Break down of servers and/or network, and other interruption.
• Hacking and/or infection to malware.
• Interruption by internet service provider and/or service providers.
• Other reasons that RISU determine require an interruption of the Service.
• RISU will use commercially reasonable efforts to inform Subscribers prior to an interruption except emergencies.
M. Termination and assignment of Service
• RISU may terminate the Service, in whole or part, for any business reason or no reason.
• In case of termination, RISU will inform the Subscribers at least two months prior to the termination date.
• RISU may assign the Service, in whole or part, and related information including but not limited to personal information, learning history, point and score of Subscriber and Student to a third party for any business reason or no reason.
N. Limited Warranty
• RISU will use commercially reasonable efforts to continuously provide the Service described in this Agreement.
• YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. EXCEPT AS STATED BELOW, THE SERVICES, SITE, APPLICATION AND RISU TABLE ARE PROVIDED "AS IS" AND “AS AVAILABLE”. NEITHER RISU NOR ANY PERSON ASSOCIATED WITH RISU MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER RISU NOR ANYONE ASSOCIATED WITH THE RISU REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
• WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. We do not warrant that this Site or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Site or use of the Service, Application or RISU Tablet will be uninterrupted or error free or will be compatible with the hardware and software you are using to access it. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. You assume the entire cost of all necessary servicing, repair, or correction. We do not warrant or make any representations regarding the use or the results of the use of the Services or this Site in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
• RISU represents and warrants that the hardware including RISU Tablet, case, battery charger and stylus will be free from of material defects in material or workmanship under normal use for one year from the shipment date. In the event of a warranty claim, RISU will provide a replacement or take other remedial measures within its sole discretion. These are the sole and exclusive warranties given by RISU. No oral or written information or advice given by RISU, its affiliates, dealers, buyers, agents or employees will create a warranty or in any way increase the scope of any warranty provided herein. RISU does not guarantee or warrant that the use of the Service, Application or RISU Tablet will be uninterrupted or error free.
• If a 1) Service interruption that results in no access of the Service to Subscribers and Students occurs due to RISU’s responsibility (excluding circumstances described in sections F, G and K and RISU Tablet, the stylus and battery charger breakdown), and 2) RISU is unable to restart the Service within 72 hours after being notified of the interruption ,and 3) Subscriber requests a refund within 30 days of the interruption, RISU will refund a part of the Service fee based on the time period of the interruption divided by the number of usable hours per month multiplied by one month equivalent paid service fee.
• If the interruption happens because of a RISU service providers such as Amazon and/or ISPs, the total amount of refund will not exceed any refund that RISU receives from the provider.
• The maximum refund amount for an interruption shall be no more than one month equivalent Service fee that the Subscriber paid to RISU.
• This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
O. Limitations on Liability and Remedies
RISU'S AND ITS VENDORS AND LICENSORS ENTIRE LIABILITY for any monetary claims of any kind (assessed against RISU arising out of or relating to the use of the Site and Services) shall not exceed one month portion of the amount you paid to RISU during the previous billing period. RISU AND ITS VENDORS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS SITE, RISU TABLET, APPLICATION, SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH RISU EVEN IF AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, DAMAGES FOR LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOST DATA, LOST OPPORTUNITY, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, REPUTATION DAMAGE, LOW ACADEMIC ACHIEVEMENT OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, EVEN IF RISU HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RISU AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. RISU DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF RISU WILL BE LIMITED TO, IN THE SOLE DISCRETION OF RISU, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ONE MONTH EQUIVALENT FEES PAID TO RISU BYYOU IN THE PREVIOUS BILLING PERIOD PRECEDING THE CLAIM.
1. You agree to defend, indemnify and hold harmless RISU and its affiliates, licensors, officers, directors, employees, service providers and contractors from any demands, claims, damages, liabilities, judgments, awards, losses, costs, fees, expenses or harms, including attorney’s fees, arising in connection with your use of this Site, RISU, Application and the Service, your online conduct, breach of these Terms, dealings or transactions with other persons resulting from use of the Site, Service, RISU Tablet or Application , or violations of intellectual property rights or applicable laws.
2. RISU will (a) promptly give You written notice of the claim, demand, suit or proceeding; (b) give You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases RISU of all liability); and (c) provide You all reasonable assistance, at Your expense.
Q. Choice of Law and Forum; Dispute Resolution
2. This Agreement shall be governed by, and construed and interpreted in accordance with, the internal laws of the State of California, USA, without regard to such state’s principles of conflicts of laws.
3. The parties irrevocably and unconditionally agree that the exclusive place of jurisdiction for any action, suit or proceeding relating to this Agreement shall be in the state or federal courts situated in the County of Santa Clara, State of California, USA. Each party irrevocably and unconditionally waives any objection it may have to the venue in such courts or to the convenience of the forum. Final judgment shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any indebtedness or liability of any party therein described. Service of process by any party may be made by serving a copy of the summons and complaint, in addition to any other relevant documents, by commercial overnight courier to any other party at their address registered with or available on the Site.
R. General Conditions
• You understand that RISU uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Service.
• You may not modify, adapt or hack the Service, RISU Tablet or modify another website so as to falsely imply that it is associated with the Service, RISU, or any other RISU service. You are responsible for all of your activity in connection with accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Services.
• You may use the RISU My Page service solely as permitted and to check and share your Student’s study information with third parties.
• You may not use the RISU Site and RISU Tablet in violation of RISU's trademark or other rights or in violation of applicable law or other than learning purpose.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by RISU.
• You understand that the technical processing and transmission of the Service, including your child’s learning history including scores, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• You may not transfer, lend, sell or assign your RISU Tablet, ID or password to any third party.
• The failure of RISU to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between you and RISU and govern your use of the Service, superseding any prior agreements between you and RISU (including, but not limited to, any prior versions of the Terms).
• Questions about the Terms of Service should be sent to email@example.com.
S. Statute of Limitations
You and RISU both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services, the Terms, or any other agreement between us must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred, excluding actions by RISU for non-payment of fees.
Rights and duties that by their nature should survive termination, shall survive termination of this Agreement, including without limitation sections of these Terms on Payment, Refunds and Plan changes, Dispute Resolution, Choice of Law and Forum, Statute of Limitations, Indemnification, Limited Warranty, Limitations on Liability and Remedies, Copyright and Intellectual Property, and Confidentiality.
Version 3 - Date of Publication March __, 2016
Content © RISU USA, LLC - All rights reserved.
• Base Subscription Fee:
• Free evaluation plan: Free
Free evaluation period is 7 days starting 3 day after the shipment unless specifically agreed by RISU in writing.
• RISU Math
• Annual subscription plan:
12 full-months commitment at $28 / month
Tablet Insurance is included.
• Quarterly subscription plan:
Three full-months commitment at $38 / month
Tablet Insurance is optional.
• RISU Math Jr.
• Annual subscription plan:
12 full-months commitment at $28 / month
Tablet Insurance is included.
• Quarterly subscription plan:
Three full-months commitment at $38 / month
Tablet Insurance is optional.
If your Student completes RISU Math Jr. within the subscription period and moves to RISU Math, you will be charged the monthly installment of RISU Math from the next month even within the initially committed RISU Math Jr. subscription period.
• Achievement Reward Fee:
RISU charges an achievement reward fee if “average cleared stages” that is calculated by dividing total cleared stages after the placement test by number of months subscribing RISU exceeds 1.36 (stages per month).
How to calculate the average cleared stages;
Average cleared stages = (number of total stages cleared by the date of calculation – number of cleared stages by the placement test) / number of months subscribing RISU
Since the average cleared stages is calculated over the total subscription period, not each month, you may be charged the achievement reward fee even if your child does not clear any stage in a particular month, if he/she cleared many stages in the prior month(s).
RISU sets the average speed of 1.36 stages per month by dividing the total number of stages, 98, by 72 (months).
RISU charges the achievement reward fee of $40 if the “average cleared stages” is larger than 1.36 and less than 2.04 that is 1.5 times of 1.36, $60 if the “average cleared stages” is equal to or greater than 2.04 and less than 2.72 that is 2.0 times of 1.36, and $80 if the “average cleared stages” is equal to or greater than 2.72.
RISU charges the achievement reward fee on the last business day of each month.
Each stage has 25 sheets that contain question(s), and the last sheet is the time sensitive achievement test. If your child earns a score equal to or greater than 60 points on the test, RISU recognizes that he/she has cleared the stage.
The maximum achievement reward fee is $80 per month.
• Tablet Insurance fee: $20
Subscription for Tablet Insurance covers until the earlier of either one year from the contact date, date of Service termination, date of Service cancellation or the request for the first replacement part.
• Shipping and handling fee: $20
For all subscription plans including the Free evaluation plan and replacement parts per request.
• Family discount
RISU automatically applies a 15% discount to the annual or quarterly subscription fee of simultaneous subscribers under the same account excluding the first subscriber.
The family discount is only applicable if multiple subscribers are simultaneously subscribed to RISU.
• Suspension fee
RISU charges $5 per month for the suspension period in advance on a monthly basis separately from the paid subscription period.
• Replacement parts
• RISU Tablet: $240
• Battery charger: $20
• Case: $20
• Stylus: $10
• Buy out of RISU Tablet after termination or cancellation
• Annual subscriber: $60
• Quarterly subscriber:
• Within the first quarter: $240
• After the first quarter: $180
• After second quarter: $140
• After third quarter: $100
• After fourth quarter: $60
• After fifth quarter: $20