Terms of Use

1. Introduction

Welcome to KNOVA! These Terms of Use ("Terms") govern your use of the KNOVA mobile application ("App"), operated by DigiXL Inc. ("Company," "we," "us," or "our").

By downloading, installing, or using KNOVA, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

2. Eligibility and Age Requirements

Subscription and Profile Creation: You must be at least 18 years of age to subscribe to KNOVA or create user profiles within the App. By creating a profile or subscribing, you represent and warrant that you are at least 18 years old.

Use by Minors: While the educational content is designed for students in grades 3-8, only adults (18+) may manage profiles and subscriptions. Children may use the App under the supervision and responsibility of an adult who has created a profile for them.

Parents and guardians are responsible for monitoring their children's use of the App and ensuring appropriate usage.

3. Profiles and Data Storage

Local Profiles: KNOVA does not require online account creation. User profiles are created and stored locally on your device. All browsing history, reading progress, and activity logs are saved locally on your device only.

No Server Storage: We do not store any user profile data on our servers. Your personal reading progress and activity data remain entirely on your device.

iCloud Sync: Profile information may be synced through your iCloud account to allow seamless access across your Apple devices. This sync is managed by Apple's iCloud service and subject to Apple's terms and privacy policy.

4. Subscriptions and Payments

Free Tier: KNOVA is available for free with advertisements. The free version provides full access to all educational content, passages, quizzes, and activities.

Premium Subscription: An ad-free subscription is available for purchase through the Apple App Store or Google Play Store. Subscriptions are processed entirely through these platforms.

Billing: Subscription fees are billed through your Apple App Store or Google Play account according to the billing terms you agreed to with those platforms.

Cancellation: You may cancel your subscription at any time. Upon cancellation, your subscription will remain active until the end of your current billing cycle. You will continue to have access to premium features until your subscription period expires. To cancel:

• iOS: Manage subscriptions through Settings > Apple ID > Subscriptions
• Android: Manage subscriptions through Google Play Store > Subscriptions

No Refunds: All subscription payments are non-refundable. We do not provide refunds or credits for any partial subscription periods or unused features.

5. Prohibited Conduct

You agree not to:

• Use the App for any illegal purpose or in violation of any laws
• Attempt to reverse engineer, decompile, or disassemble the App
• Copy, modify, distribute, or create derivative works based on the App or its content
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use automated systems, bots, or scrapers to access the App or its content
• Interfere with or disrupt the App's functionality or servers
• Attempt to gain unauthorized access to any portion of the App
• Use the App's content for commercial purposes without written permission

6. Intellectual Property

The App and its original contents, features, and functionality (including but not limited to original text, graphics, audio, and software) are owned by DigiXL Inc. and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

KNOVA grants you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

Third-Party Content: KNOVA incorporates images and materials from third-party sources including the Library of Congress, Wikimedia Foundation, Smithsonian Institution, NASA, Freepik, Pixabay, Pexels, and others. These materials include public domain works and content licensed under Creative Commons (CC) licenses. Such third-party content remains subject to its original licensing terms. Public domain materials are free from copyright restrictions. Creative Commons licensed materials are used in accordance with their respective license terms (such as CC BY, CC BY-SA, etc.).

See our Credits page for full attributions and licensing information for third-party content.

7. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components. While we strive for accuracy in our educational content, we do not guarantee that all information is complete, accurate, or current.

KNOVA is intended as a supplemental educational resource and should not be used as a sole source of academic instruction.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIGIXL INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the App
• Any unauthorized access to or use of your local data
• Any interruption or cessation of the App
• Any errors or inaccuracies in content

In no event shall our total liability exceed the amount you paid for the subscription in the twelve (12) months preceding the claim.

9. Indemnification

You agree to defend, indemnify, and hold harmless DigiXL Inc. and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App.

10. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the App will immediately cease. You may terminate your use of the App at any time by deleting the App from your devices.

11. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by updating the "Last updated" date at the top of these Terms.

Your continued use of the App after any changes to these Terms constitutes your acceptance of the new Terms. Please review these Terms periodically for updates.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of or related to these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Diego County. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DigiXL Inc. regarding the use of the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

15. Apple App Store Terms

The following terms apply to users who download the App from the Apple App Store:

(a) Acknowledgement: You acknowledge that these Terms are concluded between you and DigiXL Inc. only, and not with Apple Inc. ("Apple"). DigiXL Inc., not Apple, is solely responsible for the App and its content.

(b) Scope of License: The license granted to you for the App is a limited, non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license does not allow you to make the App available on any device that is not owned by you, except that other users logged into your Apple ID via Family Sharing or volume purchasing may also use the App.

(c) Maintenance and Support: DigiXL Inc. is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

(d) Warranty: DigiXL Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be DigiXL Inc.'s sole responsibility.

(e) Product Claims: You acknowledge that DigiXL Inc., not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

(f) Intellectual Property Claims: In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, DigiXL Inc., not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

(g) Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(h) Third-Party Terms: You must comply with applicable third-party terms of agreement when using the App (e.g., your wireless data service agreement).

(i) Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

16. Google Play Store Terms

The following terms apply to users who download the App from the Google Play Store:

(a) Acknowledgement: You acknowledge that these Terms are between you and DigiXL Inc. only, and not with Google LLC ("Google"). DigiXL Inc., not Google, is solely responsible for the App and its content.

(b) Scope of License: The license granted to you for the App is a limited, non-transferable license to use the App on Android devices that you own or control, in accordance with Google Play's Terms of Service.

(c) Maintenance, Support, and Warranty: DigiXL Inc. is solely responsible for providing maintenance, support, and any product warranties for the App. Google has no obligation to provide maintenance, support, or warranty services for the App.

(d) Product Claims: DigiXL Inc., not Google, is responsible for addressing any claims relating to the App, including product liability claims and claims of intellectual property infringement.

17. Contact Us

If you have any questions about these Terms, please contact us:

• Email: support@workybooks.com
• Company: DigiXL Inc.
• Location: San Diego, California, USA