These Terms of Use apply to all relationships established between Stemy and the User regarding the use of the Stemy Platform by the Students and Teachers. By signing up on the Stemy Platform, the User agrees to the application and content of the Terms of Use and to the processing of his/her personal data disclosed during registration in the manner provided in the Privacy Policy.

1. DEFINITIONS

The capitalised terms in these Terms of Use shall have the following meaning:  

User	is any person who uses the Platform (including the Student and Teacher);
Stemy	is Stemy OÜ, registry code 16087291, street address Telliskivi tn 60a/5, Tallinn, Harju county 10412 Estonia;
Platform	is the platform at the online address app.stemy.com managed by Stemy which provides the possibility to do assignments as an independent study form;
Teacher	is the User who has registered a teacher user account on the Platform and who has the possibility to use the Platform’s solutions to conduct and organise study work;
Student	is the User who wishes to use the Platform for independent studying either through a Teacher or voluntarily. A Student for the purposes of these terms is also the legal representative of an underage Student who uses the Platform to provide the respective Student the possibility to use the Platform;
Terms of Use	are these terms of use that apply to the relationships between Stemy and the Users regarding the use of the Platform.

2. USE OF THE PLATFORM

1. The Platform functions as an independent learning environment. The number of subjects and topics covered on the Platform and the volume of the respective assignments may be limited and change from time to time.
2. Study work mediated by the Teacher. The Teachers can use the Platform for free for the purposes of study work in their subject (for classroom teaching and also as a means of independent work), taking into account the features available on the Platform and any restrictions of their use.
3. The Student’s voluntary learning. The Student can use the Platform voluntarily for complementary independent study work by paying a monthly fee. For this, the Student must create a user account on the Platform and link a payment card to the account. By adding a payment card, the Student confirms that they are of legal age or have the approval of their legal representative to add the payment card.
4. The Users shall disclose only correct and complete information about themselves on the Platform. Stemy shall not be obliged to further verify the accuracy of the information disclosed by the Users and shall not be liable for the disclosure of inaccurate or incomplete information on the Platform.
5. The Users shall keep confidential the access credentials of their user account. In case of unauthorised access to a user account, Stemy shall be notified immediately.

3. FEES AND INVOICING

1. In case the Student uses the Platform for voluntary study work (Terms of Use section 2.3), the Student shall pay Stemy a monthly fee in the amount set out on the Platform for each subject for which the Student has ordered access on Stemy.
2. By agreeing with these Terms of Use, the Student grants Stemy the right to debit each calendar month from the payment method that the Student has linked with his/her account an amount that corresponds to the sum of the monthly fees to be paid for all the subjects selected by the Student.  This amount shall be debited from the Student’s payment method periodically according to the duration of the selected accounting period on the date indicated in the User’s account on the Platform.

4. TERMINATING THE USE OF THE PLATFORM

1. All Users can terminate participating in the Platform at any time by deleting their account on the Platform or notifying Stemy of this.
2. In case the Student uses the Platform for voluntary study work (Terms of Use section 2.3), the Student can terminate the use of the Platform for a monthly fee at any time with regard to the period after the end of the current accounting period by removing the payment card from the user account or notifying Stemy of this wish. Upon the termination of the paid right of use, the monthly fees for the period following the notification shall not be debited from the Student’s payment card and the Student’s right to use the Platform shall terminate on the last date of the current accounting period.  
3. By agreeing to these Terms of Use the Student confirms that they are aware and acknowledge that in cases set out in section 2.3 they do not have the consumer’s right to withdraw from a distance contract within 14 days without giving any reason under § 56 (1) of the Law of Obligations Act.
4. Stemy has the right to remove from the Platform at any time and immediately any User without any obligation to compensate for loss of profit if the User abuses the Platform (including uses it for a purpose in conflict with the Terms of Use or for unlawful activity) or causes damage to the Platform or Stemy, if Stemy has good reason to believe that the User has committed fraud upon using the Platform or if the User fails in some other way to perform the obligations arising from the Terms of Use.

5. LICENSING, INTELLECTUAL PROPERTY RIGHTS AND DATA PROCESSING

1. By registering on the Platform, Stemy grants each User a revocable, non-exclusive, non-transferable, non-sublicensable royalty-free license to use the Platform for its intended purpose.
2. All intellectual property rights regarding the software, documentation, assignments or information used or developed by or on behalf of Stemy with regard to the provision of the services specified in these Terms of Use (including the Platform and any material uploaded therein) belong to Stemy. The User shall not copy, modify, adapt, reverse-engineer, decompile or otherwise discover the source code of the Platform or any other software used by Stemy or extract or use any material on the Platform (incl. assignments) for any other purpose than independent study work and in accordance with the Terms of Use.
3. The principles for processing the Users’ personal data are set out in the Privacy Policy available on the Platform.

6. LIABILITY

1. The Platform is provided to the User on an “as is” and “as available” principle. Stemy shall not be liable for any interruptions, connection errors, unavailability of, or faults in the Platform. Stemy shall not grant any confirmations, warranties or promises regarding the features, functions and quality of the Platform, including the occurrence of recognisable or hidden defects and suitability for a common or specific purpose.
2. Stemy shall be liable for damage to the Teacher and/or Student caused by any circumstances only in case of a wrongful violation of Stemy’s obligation arising from the Terms of Use or the law and only to the extent of direct proprietary damage.
3. If a Student suspects that his/her payment method associated with the Platform has been stolen and/or is being fraudulently used by a third party, the Student shall inform Stemy thereof immediately. Until receiving such notification, Stemy shall not be liable for any fraud that has been committed with the Student’s payment method by third parties on the Student’s account.
4. No limitations of liability set forth in these Terms of Use apply in case the damage is caused intentionally or through gross negligence.

7. FINAL PROVISIONS

1. Stemy reserves the right to amend the Terms of Use at any time by uploading the revised Terms of Use on the Platform and notifying all Users thereof by using the e-mail addresses disclosed respectively upon registration.
2. Where versions of these Terms of Use exist in any other language, the Estonian language version shall prevail.
3. Stemy may change or remove different parts of the Platform, change the functions and features of the Platform at any time without prior notification.
4. Stemy shall use its best endeavours but shall not guarantee the uninterrupted availability and functioning of the Platform (including during scheduled and unscheduled maintenance work).
5. The use of the Platform and all legal relations formed thereunder shall be governed by the substantive law of Estonia. A consumer User can also exercise the imperative rights arising from the applicable law.
6. If a dispute resulting from the Terms of Use cannot be settled by negotiations, the dispute shall be solved ultimately in Harju County Court. In case of a consumer User, the jurisdiction shall be determined in accordance with the provisions that apply imperatively to the consumer.