Sailabus Terms and Conditions

1. Sailabus and the Service

Sailabus provides digital study and learning tools designed to help students understand, organise, practise and master academic course material.

Depending on the features available to a User, the Service may include, among other things:

• identification and organisation of Learning Objectives;
• analysis of syllabi and course materials;
• AI-generated summaries;
• notes;
• flashcards;
• practice questions and examinations;
• oral practice;
• tutoring and conversational learning;
• mastery tracking;
• spaced repetition;
• mind maps;
• podcasts;
• audio content;
• videos;
• study planning;
• progress tracking;
• course organisation;
• AI-generated explanations;
• recommendations about what to study next; and
• other learning and productivity features.

Features may change, be added or removed over time.

Sailabus is a study-support service. It does not replace official course materials, instructions from educational institutions, teachers, professors, examination regulations or the User's own responsibility to prepare adequately for an examination.

Except for the limited financial reimbursement specifically described under the Sailabus Pass Guarantee, Sailabus does not guarantee any particular examination result, grade, academic outcome or level of achievement.

2. Eligibility and Accounts

Users must provide accurate information when creating and maintaining a Sailabus account.

Users are responsible for:

• maintaining the confidentiality of their account credentials;
• all activity taking place through their account;
• keeping their email address and other relevant information current;
• preventing unauthorised access to their account; and
• notifying Sailabus if they reasonably believe their account has been compromised.

A Sailabus account is intended for use by the individual User who registered it, unless Sailabus expressly offers a subscription allowing multiple users.

Users may not share individual account credentials with other persons in order to avoid purchasing separate subscriptions or to circumvent usage restrictions.

We may require account verification where reasonably necessary to prevent fraud, account sharing, abuse or unauthorised access.

3. User Responsibility for Study Materials

The quality and completeness of Sailabus's study assistance depends substantially on the information and materials made available to Sailabus.

Users are responsible for ensuring that the study materials they use within Sailabus accurately represent the course they intend to study.

Study materials may include:

• syllabi;
• Learning Objectives;
• course descriptions;
• lecture slides;
• lecture notes;
• required readings;
• textbook references;
• assignments;
• course guides;
• examination instructions;
• teacher or professor instructions; and
• other material relevant to the examinable curriculum.

Users remain responsible for determining which official materials and instructions apply to their course.

Sailabus may assist in identifying missing material, but unless expressly stated otherwise, Sailabus cannot independently know whether all material relevant to a course or examination has been supplied.

4. Artificial Intelligence and Automatically Generated Content

Sailabus uses artificial intelligence, machine learning and other automated technologies to provide parts of the Service.

These technologies may include systems developed by Sailabus as well as systems or APIs provided by third parties.

AI-powered functionality may be used to generate or assist in generating:

• Learning Objectives;
• summaries;
• notes;
• flashcards;
• questions;
• answers;
• explanations;
• study plans;
• mastery assessments;
• tutoring responses;
• audio;
• podcasts;
• video;
• recommendations; and
• other educational material.

Although Sailabus is designed to provide high-quality educational assistance, AI-generated or automatically processed content may contain errors, omissions, inaccurate interpretations, outdated information or incomplete information.

Users should verify important information against their official course materials and the requirements of their educational institution.

Sailabus does not guarantee that an automatically generated set of Learning Objectives, summary, flashcards or other learning material covers every fact, concept or question that may appear in an examination.

Sailabus also cannot guarantee that an educational institution, professor, teacher or examiner will limit an examination to material that Sailabus has identified as relevant.

The User remains responsible for their own study decisions and examination preparation.

5. Mastery Scores

Sailabus may calculate or display a mastery score or another measurement intended to indicate how well a User appears to understand certain material or Learning Objectives.

Mastery may be calculated using factors such as:

• answers to questions;
• recall performance;
• practice test results;
• spaced-repetition activity;
• oral answers;
• previous learning activity;
• recency of learning;
• difficulty;
• confidence;
• repeated performance; and
• other relevant signals.

A mastery percentage is an estimate produced by the Sailabus system.

It is not a prediction or guarantee of an examination result.

A mastery score may change over time as additional study activity, performance or other information becomes available.

For purposes of the Sailabus Pass Guarantee, eligibility will be determined using the mastery status recorded by Sailabus in accordance with Section 12 below.

6. Prices and Payment

Some Sailabus features may be available only through a paid subscription or purchase.

Prices, billing periods and included features are displayed before purchase.

Prices may vary based on factors including:

• country;
• currency;
• taxes;
• local purchasing power;
• subscription duration;
• promotional offers;
• platform;
• payment method; and
• other commercially relevant factors.

The price displayed and accepted by the User at checkout applies to that purchase, subject to these Terms.

Internet, data, device and other costs required to access Sailabus are the responsibility of the User.

7. Subscriptions and Automatic Renewal

Unless expressly stated otherwise during purchase, Sailabus subscriptions automatically renew at the end of each subscription period.

Depending on the plan, billing periods may include monthly, quarterly, annual or other periods.

By purchasing a recurring subscription, the User authorises Sailabus and its payment providers to charge the applicable recurring subscription fee until the subscription is cancelled.

Where required, taxes may be added to the subscription price.

Users can prevent future renewal by cancelling their subscription through the cancellation functionality offered in their Sailabus account or by another cancellation method made available by Sailabus.

Unless a refund right or guarantee described in these Terms applies, cancellation normally takes effect at the end of the already-paid subscription period.

8. Price Changes

Sailabus may change subscription prices.

Where required by applicable law, Users with an existing recurring subscription will be informed of a price change before the new price takes effect.

A User who does not wish to continue at the new price may cancel before the next renewal.

Temporary discounts, promotional prices, student offers and other special pricing do not create a right to receive the same price indefinitely.

9. Cancellation

Users may cancel an automatically renewing subscription at any time before the next renewal.

Cancellation stops future automatic renewals but does not by itself necessarily create a refund entitlement.

Unless otherwise provided:

• access continues until the end of the paid subscription period; and
• no refund is automatically due for unused time.

Different rules may apply where:

• the 90-Day Money-Back Guarantee applies;
• the Sailabus Pass Guarantee applies;
• Sailabus expressly offers another refund policy;
• Sailabus offers a partial refund following renewal; or
• applicable law requires a refund.

Nothing in these Terms limits mandatory consumer rights that cannot lawfully be excluded.

10. 90-Day Money-Back Guarantee

Where a Sailabus subscription is advertised or sold with a 90-Day Money-Back Guarantee, the User may request a refund within 90 days of the qualifying purchase.

Unless otherwise stated at checkout, the guarantee applies to:

• the User's first qualifying paid subscription; and
• a qualifying paid academic upgrade where Sailabus expressly indicates that the guarantee applies.

A renewal of an existing subscription does not restart the 90-day guarantee period.

No minimum study activity, mastery level or examination result is required to use the 90-Day Money-Back Guarantee.

The User must follow the refund process made available by Sailabus.

Where self-service refunds are available, merely cancelling a subscription is not necessarily sufficient to request a refund. The User must select the applicable refund option.

A successful full refund may immediately terminate access to paid features associated with the refunded payment.

Sailabus may refuse the 90-Day Money-Back Guarantee where there is reasonable evidence of abuse, including:

• repeatedly purchasing and refunding subscriptions;
• creating multiple accounts to obtain repeated free periods;
• fraud;
• chargeback abuse; or
• other behaviour primarily intended to receive continued paid access without paying for the Service.

This guarantee is separate from the Sailabus Pass Guarantee.

A payment that has already been fully refunded cannot be refunded a second time under another Sailabus guarantee.

The 90-Day Money-Back Guarantee is an additional contractual benefit and does not limit statutory refund or consumer rights.

11. Sailabus Pass Guarantee

Certain paid Sailabus subscriptions may include the Sailabus Pass Guarantee.

The Pass Guarantee is intended to support the Sailabus learning method: the User provides Sailabus with the complete examinable course material, Sailabus identifies and organises what needs to be learned, and the User demonstrates sufficient mastery of each Learning Objective by the date of the examination.

If the User then fails an eligible examination despite complying with the requirements below, the User may qualify for reimbursement under the Pass Guarantee.

The Pass Guarantee does not constitute a promise that the User will pass the examination.

It is a limited financial guarantee subject to the conditions in these Terms.

12. Requirements for the Pass Guarantee

To qualify, all applicable requirements must be satisfied.

12.1 Active eligible subscription

The User must have an active paid Sailabus subscription that includes the Pass Guarantee.

The relevant examination must occur during a period in which the User has paid access to an eligible Sailabus subscription.

12.2 Complete examinable course content

The User must provide Sailabus with all material and information reasonably necessary to identify the complete examinable content of the course.

This may include, depending on the course:

• the syllabus;
• course guide;
• Learning Objectives;
• examination scope;
• lecture slides;
• course notes;
• required chapters;
• required readings;
• teacher or professor instructions;
• assignments;
• examination instructions; and
• other material forming part of the examinable curriculum.

Uploading only a limited portion of the course is not sufficient.

For example, a User cannot qualify for the Pass Guarantee by uploading one lecture or one presentation from a substantially larger course and reaching 90% mastery only on the material contained in that upload.

Where material cannot reasonably or lawfully be uploaded to Sailabus, the User must provide the information reasonably necessary for Sailabus to identify that material where Sailabus offers such functionality.

The User is responsible for confirming that the course information supplied to Sailabus represents the complete examinable course content.

Sailabus may ask for reasonable evidence of completeness when assessing a Pass Guarantee claim.

This may include the official syllabus, course page, reading list, module description, examination instructions or similar evidence.

Material omissions that are minor and clearly unrelated to the examination will not automatically invalidate a claim.

However, materially incomplete course information may make the User ineligible for the guarantee.

12.3 Examination date

An examination date must be registered within Sailabus.

Where Sailabus can reliably identify an examination date from a syllabus or other course material, Sailabus may suggest or automatically enter the date.

The User remains responsible for verifying that the date is correct.

Where Sailabus cannot identify the date, the User must enter it.

If the educational institution changes the examination date, the User must update the date in Sailabus.

The examination date must be registered before the examination takes place.

Sailabus may require examination dates to be confirmed sufficiently in advance to prevent retrospective manipulation of Pass Guarantee eligibility.

A User may not register a past examination after discovering that they failed and then claim the Pass Guarantee for that examination.

Where a legitimate last-minute examination change occurs, Sailabus may request reasonable evidence from the educational institution.

12.4 Mastery on the examination date

To qualify for the Pass Guarantee, the User must have achieved at least:

90% mastery on every Learning Objective for the relevant course on the registered examination date.

The requirement applies individually to every Learning Objective.

An average mastery level of 90% across the entire course is not sufficient if one or more individual Learning Objectives remain below the required level.

For example:

• LO 1: 97%
• LO 2: 96%
• LO 3: 91%
• LO 4: 83%

would not meet the Pass Guarantee requirement because LO 4 is below 90%.

Reaching 90% mastery several days or weeks before the examination is not sufficient by itself.

Eligibility depends on the mastery status applicable on the examination date.

Sailabus may record a Pass Guarantee eligibility snapshot for the relevant date.

The mastery information recorded by Sailabus will be used when evaluating eligibility, except where the User can demonstrate a clear technical error.

13. Pass Guarantee Status

Sailabus may display information showing whether a User appears to be on track to qualify for the Pass Guarantee.

This may include statuses such as:

• course material complete;
• exam date confirmed;
• Learning Objectives covered;
• Learning Objectives below the required mastery level; and
• Pass Guarantee active.

Such status information is provided to help Users understand their progress.

A status shown before the examination date does not permanently establish eligibility.

The relevant mastery requirement must still be satisfied on the examination date.

Where Sailabus records that the User has met all applicable mastery requirements on the examination date, Sailabus may display a confirmation or record an eligibility snapshot.

Final eligibility remains subject to all other Pass Guarantee requirements.

14. Eligible Examination

The Pass Guarantee applies only to an examination or assessment that genuinely determines whether the User passes or fails the relevant course, module or subject.

Unless Sailabus expressly states otherwise, the guarantee applies only to the first attempt at that examination.

A maximum of one successful Pass Guarantee claim may be made for the same course or subject during the same academic year.

The guarantee does not apply merely because:

• the User receives a lower grade than expected;
• the User does not achieve a desired GPA;
• the User misses an examination;
• the User is unable to attend an examination;
• an examination is cancelled;
• an assignment receives a disappointing grade; or
• the User voluntarily decides not to complete the examination.

The relevant examination must actually have been failed under the rules of the educational institution.

15. Pass Guarantee Claim

A claim must be submitted within 30 days after the official examination result becomes available, unless mandatory law requires a longer period.

Sailabus may request reasonable documentation, including:

• proof of identity;
• proof of enrolment;
• course information;
• examination date;
• official examination result;
• confirmation that the result constitutes a failure;
• syllabus or course guide;
• evidence of the examinable material; and
• other information reasonably necessary to verify eligibility.

Documentation may be redacted where information is unrelated to the claim, provided sufficient information remains to verify eligibility.

Sailabus may reject documentation that reasonably appears altered, falsified or unreliable.

16. Amount Reimbursed Under the Pass Guarantee

An approved Pass Guarantee claim entitles the User to reimbursement of the eligible Sailabus subscription fees, subject to a maximum reimbursement equal to the standard price of one quarterly Sailabus individual subscription applicable to the User's billing country and currency.

For the purpose of determining this maximum, Sailabus will use the standard non-promotional quarterly subscription price applicable in that market on the registered examination date.

Temporary promotions, coupon discounts, individual negotiated prices or other short-term offers do not increase the maximum reimbursement.

The User cannot receive more under the Pass Guarantee than the amount actually paid to Sailabus that remains eligible for reimbursement.

The maximum applies regardless of whether the User purchased:

• a monthly subscription;
• a quarterly subscription;
• an annual subscription;
• a longer subscription; or
• another eligible plan.

The Pass Guarantee covers Sailabus subscription fees only.

It does not reimburse:

• tuition;
• university or school fees;
• examination fees;
• resit fees;
• books;
• study material costs;
• travel expenses;
• accommodation;
• equipment;
• lost wages;
• lost income;
• scholarships;
• additional semesters;
• additional academic years;
• delayed graduation;
• lost employment opportunities;
• lost educational opportunities; or
• any other consequential costs or losses.

17. Pass Guarantee Abuse

The Pass Guarantee is intended for genuine students using Sailabus for genuine study purposes.

The guarantee does not apply where the User materially manipulates or abuses the system.

Examples may include:

• account sharing;
• automated answering;
• scripts or bots;
• deliberate manipulation of mastery measurements;
• falsified examination results;
• false examination dates;
• intentionally incomplete course material;
• materially misleading course information;
• pretending that only part of a course is examinable when the User knows otherwise;
• fraudulent documentation; or
• other conduct intended to create artificial eligibility.

Sailabus may investigate suspicious claims and may refuse a claim where there is reasonable evidence of material abuse or fraud.

A claim will not be refused merely because a User studied intensively or used Sailabus frequently.

18. Fair Usage Policy

Sailabus subscriptions are intended for normal individual academic study.

Sailabus uses computationally intensive technology, including artificial intelligence systems, and therefore access to certain functionality is subject to reasonable fair-use limits.

Unless Sailabus expressly sells a plan with defined usage quantities, fair-use limits are not intended to impose arbitrary restrictions on genuine students studying normally.

Sailabus may temporarily slow, restrict or suspend unusually high use where that use:

• materially exceeds reasonable individual study behaviour;
• appears automated;
• involves scraping or systematic data extraction;
• is used to provide a service to third parties;
• results from account sharing;
• creates disproportionate infrastructure or AI-processing costs;
• materially affects service quality for other Users;
• circumvents technical limits;
• is fraudulent or abusive; or
• otherwise falls outside reasonable personal educational use.

Studying intensively during an examination period does not by itself constitute unfair usage.

Where reasonably possible, Sailabus will warn a User before materially restricting access under the Fair Usage Policy.

In urgent situations involving security, fraud, service stability or substantial abuse, immediate restrictions may be applied.

Sailabus may offer plans with higher or lower usage allowances, priority access or other usage-related features.

19. User Uploaded Source Material

Users may upload material to Sailabus.

The User retains any ownership rights that the User or a third party already holds in original source materials uploaded to Sailabus.

For clarity:

Uploading a textbook, syllabus, PowerPoint, PDF, lecture document, article, personal document or other source file does not transfer ownership of that original source material to Sailabus.

The User grants Sailabus a limited licence to process such material as reasonably necessary to:

• provide the Service;
• store the material;
• analyse the material;
• generate study content;
• operate course functionality;
• secure the Service;
• prevent abuse; and
• perform other processing reasonably necessary to provide the functionality requested by the User.

This licence does not give Sailabus ownership of the underlying original source material.

20. Rights to Upload Material

Users may only upload or submit material they are legally permitted to use with Sailabus.

Users are responsible for ensuring that their uploads do not unlawfully infringe:

• copyright;
• privacy rights;
• confidentiality obligations;
• trade secrets;
• database rights; or
• other rights of third parties.

The fact that a User possesses or has access to material does not necessarily mean the User owns that material.

Users should comply with the rules of their educational institution and applicable copyright law when uploading materials.

21. Sailabus Study Content

During use of Sailabus, study content may be created by:

• Sailabus;
• Sailabus's artificial intelligence systems;
• the User;
• a combination of the User and Sailabus;
• or transformation of information supplied to Sailabus.

This may include:

• flashcards;
• notes;
• questions;
• quizzes;
• explanations;
• summaries;
• Learning Objectives;
• study structures;
• answers;
• study prompts; and
• other derived educational content.

Such content is referred to in these Terms as "Study Content."

22. Intellectual Property in Study Content

To the maximum extent permitted by applicable law, intellectual property rights in Study Content generated by Sailabus or generated through Sailabus's automated systems belong to Sailabus or its licensors.

Where a User creates or contributes original Study Content within Sailabus and the User acquires intellectual property rights in that content, the User agrees, to the extent legally possible, to assign those rights to Sailabus.

Where an assignment is not legally possible or effective, the User grants Sailabus a:

• worldwide;
• perpetual;
• irrevocable;
• transferable;
• sublicensable;
• royalty-free; and
• non-exclusive

licence to use, store, reproduce, modify, adapt, translate, organise, combine, distribute, display and make such Study Content available to other Users.

This provision is specifically intended to allow Sailabus to reuse and improve useful educational content such as flashcards, questions and study notes.

It does not transfer ownership of the User's underlying uploaded source materials.

For example, if a User uploads a university lecture document and Sailabus generates flashcards from it:

• the original lecture document does not become the property of Sailabus merely because it was uploaded;
• the generated flashcards may form part of Sailabus Study Content; and
• Sailabus may make appropriate Study Content available to other Users.

23. Sharing Study Content

Sailabus may make Study Content available to other Users where doing so is appropriate for the Service.

For example, Sailabus may reuse or share:

• flashcards;
• questions;
• answers;
• generic study notes;
• Learning Objectives;
• explanations; or
• other useful study content.

Where reasonably possible, Sailabus may remove or avoid sharing information that personally identifies the User.

Users should therefore not include sensitive personal information, confidential information or information they do not wish to be reused in flashcards, notes or other Study Content.

Original uploaded source documents will not be made publicly available merely because Study Content was derived from them, unless the User has separately chosen to share those documents or Sailabus has another lawful basis to do so.

24. Sailabus Intellectual Property

The Sailabus platform and its underlying components are protected by intellectual property and other laws.

Except where otherwise stated, Sailabus or its licensors own rights in:

• software;
• source code;
• product design;
• interfaces;
• trademarks;
• branding;
• databases;
• algorithms;
• prompts and workflows where protectable;
• educational structures;
• generated Study Content where protectable; and
• other proprietary parts of the Service.

Nothing in these Terms grants the User ownership of Sailabus technology.

Users receive a limited, revocable, non-exclusive and non-transferable right to use the Service for permitted purposes while their access remains valid.

25. Acceptable Use

Users may not use Sailabus to:

• violate applicable law;
• infringe third-party rights;
• upload unlawful material;
• distribute malware;
• interfere with the Service;
• bypass security systems;
• reverse engineer the Service where prohibited by law;
• systematically scrape Sailabus content;
• resell access without permission;
• share an individual account in violation of these Terms;
• manipulate mastery scores;
• commit academic fraud;
• impersonate another person;
• abuse refund or guarantee mechanisms;
• harass or harm other persons; or
• use the Service in another materially abusive manner.

Sailabus may restrict or terminate access where these rules are materially violated.

26. Academic Integrity

Sailabus is intended to support learning.

Users remain responsible for complying with the academic integrity rules of their school, university or other institution.

Sailabus is not responsible for determining whether a particular use of artificial intelligence, summaries, tutoring, generated text or other functionality is permitted under the rules applicable to a User.

Users should not submit Sailabus-generated work as their own where doing so violates applicable academic rules.

27. Third-Party Services

Sailabus may rely on or integrate with third-party services.

These may include providers of:

• artificial intelligence;
• payments;
• hosting;
• analytics;
• authentication;
• email;
• audio;
• video;
• storage; and
• other technical infrastructure.

Certain third-party services may have their own terms and privacy practices.

Sailabus is not responsible for independent third-party services outside Sailabus's reasonable control.

28. Service Availability

Sailabus aims to provide a reliable Service but does not guarantee uninterrupted availability.

The Service may occasionally be unavailable or degraded because of:

• maintenance;
• technical failures;
• internet problems;
• third-party outages;
• AI-provider outages;
• security incidents;
• extraordinary demand;
• updates; or
• events beyond Sailabus's reasonable control.

Sailabus may change, improve, replace or discontinue individual features.

Where a material change significantly affects a paid subscription, Sailabus will comply with any notice or consumer protection obligations required by applicable law.

29. Beta and Experimental Features

Some Sailabus features may be labelled beta, experimental, preview or similar.

Such functionality may:

• change more frequently;
• contain additional errors;
• perform unpredictably; or
• be discontinued.

Users should not rely on experimental functionality where failure could result in significant academic, financial or other harm.

30. Educational Outcomes

Many factors outside Sailabus's control affect educational performance.

These include:

• examination difficulty;
• examination design;
• teaching quality;
• personal preparation;
• stress;
• health;
• sleep;
• individual ability;
• available study time;
• changes to an examination;
• incomplete course information;
• marking decisions; and
• the actions of educational institutions.

Except for the limited reimbursement obligation created by an approved Pass Guarantee claim, Sailabus makes no promise regarding academic outcomes.

31. Limitation of Liability

To the maximum extent permitted by applicable law, Sailabus is not liable for losses arising solely from reliance on AI-generated or automatically generated educational content where Sailabus has not expressly guaranteed that information.

In particular, and to the maximum extent permitted by applicable law, Sailabus is not liable for:

• failed examinations;
• missed examinations;
• lower grades;
• incorrect answers;
• incomplete summaries;
• omitted examination topics;
• inaccurate Learning Objectives;
• inaccurate AI-generated content;
• delayed graduation;
• additional study periods;
• additional semesters;
• additional academic years;
• university or school fees;
• tuition;
• examination fees;
• resit fees;
• loss of income;
• loss of employment;
• loss of employment opportunities;
• loss of educational opportunities;
• loss of scholarships;
• reputational damage;
• indirect losses;
• incidental losses;
• consequential losses; or
• loss resulting from decisions made in reliance on the Service.

The existence of the Sailabus Pass Guarantee does not create liability beyond the reimbursement expressly described in these Terms.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including where applicable liability for intentional misconduct, gross negligence, death or personal injury, or mandatory consumer rights.

32. Maximum Liability

To the extent permitted by applicable law and except for obligations that cannot lawfully be limited, Sailabus's aggregate liability relating to the Service shall not exceed the total amount paid by the User to Sailabus during the twelve months preceding the event giving rise to the claim.

The Pass Guarantee reimbursement is governed separately by the Pass Guarantee provisions above.

Nothing in this section reduces rights that Users are legally entitled to under mandatory consumer protection law.

33. User Responsibility and Indemnification

Users are responsible for content they unlawfully upload or distribute through Sailabus.

To the extent permitted by law, a User may be responsible for losses reasonably incurred by Sailabus as a result of the User's intentional or unlawful:

• infringement of third-party rights;
• fraudulent activity;
• misuse of the Service; or
• material violation of these Terms.

This provision does not impose liability on consumers beyond what applicable law permits.

34. Suspension

Sailabus may temporarily restrict or suspend an account where reasonably necessary because of:

• suspected fraud;
• security concerns;
• payment issues;
• material breach of these Terms;
• account sharing;
• material Fair Usage violations;
• abuse of refund systems;
• manipulation of Pass Guarantee eligibility;
• threats to the Service; or
• legal requirements.

Where appropriate and reasonably possible, Sailabus will provide the User an opportunity to resolve the issue.

35. Termination

Users may terminate their relationship with Sailabus by cancelling their subscription and ceasing use of the Service.

Sailabus may terminate or refuse to renew an account where there is a legitimate reason, including a serious or repeated violation of these Terms.

Termination does not extinguish rights or obligations that by their nature should survive termination, including provisions relating to:

• intellectual property;
• payment obligations;
• fraud;
• liability;
• dispute resolution; and
• licences already granted to Sailabus.

Refunds following termination are governed by these Terms and applicable law.

36. Personal Data and Privacy

Sailabus processes personal data in accordance with its Privacy Policy.

The Privacy Policy describes, among other things:

• what data Sailabus collects;
• why it is processed;
• third parties involved in processing;
• retention;
• security;
• User rights; and
• contact information relating to privacy.

Use of Sailabus is also subject to the Privacy Policy.

37. Communications

Sailabus may communicate with Users through:

• email;
• in-product messages;
• notifications;
• account messages;
• SMS or messaging services where separately permitted; or
• other contact channels supplied by the User.

Transactional communications relating to accounts, payments, security, subscriptions and changes to the Service may be sent where reasonably necessary.

Marketing communications will be handled in accordance with applicable law and the User's preferences.

38. Changes to These Terms

Sailabus may amend these Terms from time to time.

Changes may be required because of:

• new functionality;
• legal developments;
• security requirements;
• pricing models;
• guarantee changes;
• business changes; or
• other legitimate reasons.

Where a change materially affects existing Users, Sailabus will provide reasonable notice where required.

If the User does not accept a material change, the User may discontinue use of the Service and cancel future renewals.

Changes will not retroactively remove an already accrued statutory right or an already valid Pass Guarantee claim.

39. Promotions and Additional Guarantees

Sailabus may occasionally offer:

• discounts;
• trials;
• promotional periods;
• referral benefits;
• student promotions;
• guarantees; or
• other offers.

Specific conditions communicated with such an offer may supplement these Terms.

Where specific promotional conditions conflict with the general provisions of these Terms, the specific terms communicated for that promotion will govern in relation to that promotion, except where prohibited by applicable law.

40. Taxes and Currency

Prices may be displayed in different currencies depending on the User's location or market.

Users may also be charged taxes where legally required.

Payment providers or banks may apply currency conversion or transaction fees outside Sailabus's control.

For purposes of determining the maximum Pass Guarantee amount, the quarterly subscription price applicable to the User's billing market and currency will be used in accordance with Section 16.

41. Payment Failure

If a recurring payment fails, Sailabus or its payment provider may attempt to collect the payment again.

Access to paid functionality may be restricted if payment remains outstanding.

Sailabus may provide a grace period but is not required to do so unless required by applicable law.

42. Chargebacks

Users should contact Sailabus where they believe a payment has been made incorrectly.

Fraudulent or abusive chargebacks may result in suspension or termination of the account.

Nothing in this section prevents a User from exercising legitimate rights provided by their bank, payment provider or applicable law.

43. No Waiver

If Sailabus does not immediately enforce a provision of these Terms, that does not mean Sailabus permanently waives the right to enforce it.

44. Severability

If any part of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the extent legally possible.

The invalid provision should, where possible, be interpreted or replaced in a manner that most closely reflects its lawful commercial purpose.

45. Assignment

Sailabus may transfer its rights and obligations under these Terms in connection with:

• a merger;
• acquisition;
• restructuring;
• sale of the business;
• transfer of the Sailabus product; or
• another legitimate corporate transaction,

subject to applicable law.

A User may not transfer their subscription or contractual rights to another person without Sailabus's permission, except where applicable law provides otherwise.

46. Entire Agreement

These Terms, together with the Privacy Policy, applicable checkout information and any specific terms expressly incorporated into a purchase or promotion, form the agreement between Sailabus and the User regarding the Service.

47. Applicable Law

These Terms and the legal relationship between Sailabus and the User are governed by Swiss law, subject to mandatory consumer protection rules that apply to the User.

Nothing in these Terms deprives a consumer of protections that cannot legally be excluded under the law applicable to that consumer.

48. Disputes and Jurisdiction

The parties should first attempt to resolve disputes directly and reasonably.

Where legally permitted, disputes relating to these Terms or the Service will be subject to the competent courts in Switzerland.

Mandatory consumer jurisdiction rules remain unaffected.

49. Contact

Sailabus is operated by:

Good Ventures SAGL
Via Chioso 25
6983 Magliaso
Switzerland

Registration number: CHE-453.811.708

Website: homepage-real-dev.sailabus.com

Support contact: support@sailabus.com