MarkSharks Education Application

Educational End User License Agreement (EEULA)

1. General

This Educational End User License Agreement (“Agreement”) is a binding legal contract between MarkSharks Learning Technologies PTE. Ltd., a company incorporated in Singapore, having its registered place of business at 141 Cecil Street #07-05, Tung Ann Association Building, Singapore 069541 (“MarkSharks”, “we”, “us”, “our”) and you, the user (“Educational User or you”) who is:

• A student, educator, or academic/educational institution, and

• Accessing the MarkSharks Education App (“App”) for non-commercial, educational purpose.

By clicking “I Agree” or similar button or by installing, downloading, using the App/Licensed Software, you accept the terms of this Agreement You confirm you have legal capacity to agree, and if not, you must use the App under appropriate supervision. You further agree that you have had sufficient opportunity to review this EEULA, understand its contents, and seek independent legal advice regarding this EEULA. If you do not agree with these terms, please do not download or use the Licensed Software.

2. Definitions

Educational Use: To be used strictly for learning, teaching, research, or academic instruction, with no commercial, professional, or for-profit use.

Educational User: A student, instructor, or accredited educational institution with authority to accept this Agreement and capable of providing proof upon request. Only current students and instructors, as well as currently accredited educational institutes are allowed to use the Licensed Software under this Agreement.

Licensed Software: The MarkSharks Education Application, including its mobile/web interfaces, content, tools, materials, documentation, and updates provided under this Agreement. Licensed Software includes, if and to the extent applicable, corresponding online or electronic documentation, associated media and printed materials, including the source code, and example programs. MarkSharks may, in the course of its development activities, at its free and absolute discretion and without any obligation to send or publish any notifications to the Educational User or in general, make changes, additions or deletions in the components and functionalities of the Licensed Software, provided that no such changes, additions or deletions will affect the already released version of the Licensed Software, but only upcoming version(s).

Permitted Use: Use authorized under this Agreement for educational purposes only.

Prohibited Combination: Combining, linking, or integrating the App with any commercial or non-educational software, unless expressly permitted in writing by MarkSharks.

3. Ownership

(a) The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Software is licensed, not sold.

(b) All trademarks, copyright, and intellectual property rights in the App/Licensed Software remain the exclusive property of MarkSharks or its licensors. No rights to MarkSharks’s Intellectual Property Rights are assigned or granted to Educational User under this Agreement. Your license does not grant ownership but a limited right to use the App and its content for educational purposes only.

4. License Grant

MarkSharks grants you a non-exclusive, non-transferable, revocable, royalty-free license, during the License Term, to install and use the Licensed software solely for educational purposes. This license does not grant ownership or title in the Licensed Software or any of its content.

5. License Restrictions You may not:
• Use the App for any commercial purpose or distribute educational outputs beyond educational contexts.

• Copy, modify, distribute, sublicense, or resell the App or any content therein.

• Remove, obscure, or alter any trademarks, copyright, or proprietary notices.

• Use MarkSharks’ logos, or trademarks without MarkSharks’s written permission.

• Use Licensed Software in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual property or right of any third party, or that violates any applicable law.

• Use the Licensed Software to create software competing with the Licensed Software.

• Use the App in violation of any Singaporean law, including the Computer Misuse Act 1993 or the Personal Data Protection Act 2012 (PDPA).

• Transfer the App outside of your educational institution without MarkSharks’ prior written consent.

Any use of Licensed Software beyond the provisions of this Agreement is strictly prohibited. Use of Licensed Software for any professional, commercial, or for-profit purposes requires a commercial agreement with MarkSharks. Should you wish to use the Licensed Software for such purposes, please reach out to MarkSharks at https://marksharks.com/ to enquire about commercial licenses, pricing, and applicable terms.

6. Pre-Release or Beta Features

Any pre-release, beta, or experimental features (“Pre-Release Code”) may be unstable or subject to change. The Pre-Release Code may not be at the level of performance and compatibility of a final, generally available, product offering. The Pre-Release Code may not operate correctly, may contain errors and may be substantially modified by MarkSharks prior to the commercial product release, if any.
MarkSharks assumes no liability whatsoever regarding any Pre-Release Code; any use thereof is exclusively at Educational User’s own risk and expense.

7. Third-Party Components

The Licensed Software may provide links or access to third party libraries, code or content (collectively “Third-Party Software”) to implement various functions. Third-Party Software does not, however, comprise part of the Licensed Software, but is provided to Educational User complimentary and use thereof is discretionary for the Educational User. Educational User acknowledges that use or distribution of Third-Party Software is in all respects subject to applicable license terms of applicable third-party right holders. The Licensed Software may include third-party libraries, code or content (“Third-Party
Software”), which are governed by separate license terms. You agree to comply with those terms.

8. Verification of Educational Status

MarkSharks reserves the right to verify your eligibility (e.g., via an educational email address or accreditation documentation). Non-compliance may result in termination of your license.

9. Data Protection & Privacy

MarkSharks collects and processes personal data in compliance with Personal Data Protection Act 2012 (PDPA) of Singapore.

To learn more, please refer to our Privacy Policy.

By using the App, you consent to the collection, use, and disclosure of your data for educational purposes and App functionality.

10. Term & Renewal

The license is valid for a fixed term of 12 months from the date of your acceptance of this Agreement. You may renew the license if you remain an eligible Educational User and re-apply or re-verify.
MarkSharks reserves the right to suspend and/or block Educational User’s access to, and use of, the Licensed Software in the event that MarkSharks reasonably believes that Educational User’s use of the Licensed Software violates applicable law, this Agreement, or threatens the integrity, availability, or security of the Licensed Software or related MarkSharks products and services.

11. Termination

This Agreement is effective until:

• Expiry of the License Term, or

• Terminated by either party with written notice, or

• Immediately upon breach of the Agreement or non-compliance with educational eligibility.

Upon termination, you must immediately uninstall and stop using the App and delete all copies.

12. Disclaimer of Warranties

(a) To the extent permitted by applicable law, the Licensed Software is provided “as is” and exclusive of other warranties, whether express, implied, or otherwise. Use of the Licensed Software is at Educational User’s own risk.

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARKSHARKS ON BEHALF OF ITSELF AND ITS LICENSORS, SUPPLIERS AND AFFILIATES, DISCLAIMS ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE LICENSED SOFTWARE. MARKSHARKS DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL OPERATE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED.

13. Limitations of Liability

To the maximum extent permitted by Singapore law:

• MarkSharks shall not be liable for any indirect, incidental, consequential, or punitive damages, including data loss or business interruption.

• In any case, MarkSharks’ total liability shall not exceed the amount paid (if any) for the license.

14. Indemnification

You agree to indemnify, defend, and hold harmless MarkSharks and its officers, agents, and affiliates from any claim, liability, expenses loss or damages (including legal expenses) arising from:

• Your breach of this Agreement,
• Your violation of applicable laws in Singapore,
• Your use and/or misuse of the App or any third-party claims related to your use.

15. Governing Law & Dispute Resolution

This Agreement shall be governed by and interpreted in accordance with the laws of Singapore, without regard to conflict of laws. Any disputes shall be subject to the exclusive jurisdiction of the courts of Singapore.

16. Miscellaneous

(a) This Agreement, along with MarkSharks’ Privacy Policy and Terms & Conditions, constitutes the entire agreement.

(b) Any invalid provision shall be severed without affecting the remainder.

(c) Failure to enforce any term is not a waiver of that term.

17. Reservation of Rights

MarkSharks reserves the right to make changes to the features, functions, availability, support, capabilities, and characteristics of the Licensed Software. Nothing in this Agreement limits any rights that an individual may have under applicable consumer protection laws.

18. Feedback

Educational User agrees that, from time to time, MarkSharks may request feedback from Educational User regarding the Licensed Software (“Feedback”). Educational User may choose to provide Feedback and agrees that MarkSharks may freely use, copy, disclose, and exploit any Feedback. No Feedback will be considered Educational User Confidential Information unless explicitly agreed otherwise between the parties.

Contact Information

MarkSharks Learning Technologies Pte. Ltd. Email: help@marksharks.com
Website: https://marksharks.com/