Terms of Service
The following terms and conditions govern all use of the this website (the Website), owned by FunctorTech OÜ and all content, services and support packages. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules and policies including, without limitation, procedures that may be published from time to time on this Website by FunctorTech OÜ (collectively, the Agreement).
By creating an account at functorhub.com you agree to these Terms of Service.
All the content associated with the courses on this site is the property of FunctorTech OÜ. By enrolling to the course, you are granted a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license to access the course content. You shall not copy, reproduce or redistribute it, and you shall not create derivative works. We reserve the right to revoke this license at our sole discretion.
Organizations that enroll groups of students or purchase site licences are bound by a different agreement which is provided at the time of sale.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by FunctorTech OÜ, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
FunctorTech OÜ uses this online facility to publish courses, and hires instructors and teaching assistants to develop content and interact with students.
- Term. Enrollments for courses and lectures are for a the period stated on purchase time. "Lifetime access" implies access to the courses not limited by time, that can be terminated in cases specified in this agreement. If a course is discontinued, the students with the lifetime access to it will be able to benefit from the Sunset policy described below. Enrollments are subject to the terms and conditions of this Agreement, and are non-exclusive, non-transferable, non-sublicensable and non-assignable.
- Contact. By creating an account at FunctorHub, you are giving us permission to contact you via any means, including mass e-mail sendouts. You may unsubscribe from the sendounts at any time, either by the automatic means of the website, or by contacting us directly should this method fail. The sendouts will be used to deliver information about the new products we may deliver, promotions of existing products, other site-related announcements.
- Support. Email support for course material will be provided to students whose enrollments are current on a best-efforts basis at no extra charge. Response time for free support may be variable. Support is strictly limited to course material that a student is currently enrolled in; consulting services are not offered. Groups of students, or students who require one-on-one tutoring, have the option of paying for an online teaching assistant under a separate agreement. Students who demand an unusually high degree of free support, in the sole opinion of FunctorTech OÜ, will be asked to enroll in a paid tutoring plan.
- License of code examples. Students may download sample code for courses that they are currently enrolled in for no additional fee, subject to Restrictions described below. Such code usage is an intellectual property of FunctorHub OÜ and must not be distributed in any way without its written permission. FunctorTech OÜ does not provide any warranty, express or implied, as to the quality or suitability of sample code for any purpose.
- No refunds. All sales are final.
- Newsletter. By registering an account at functorhub.com or enrolling at a course you implicitly give permission to have the functorhub.com newsletter sent to your email address. Students can unsubscribe at any time by using a link at the bottom of the newsletter.
- Ownership. Ownership, copyright and title of any software that is provided by FunctorTech OÜ shall at all times remain with same. Students shall not acquire directly, indirectly or by implication any title, copyright or ownership in the software or any parts thereof, including code that they submit as part of a homework assignment or support request, subject to the "License of code examples" section above.
- Confidentiality. Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose information relating to the Disclosing Party's technology or business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Without limiting the foregoing, the course materials are FunctorTech OÜ Proprietary Information.
- Students may only use the course materials for their own learning, and must not enable third parties to access the course materials or any other FunctorTech OÜ software.
- Students may not sublicense, distribute, sell, or resell any of the foregoing, except as expressly permitted herein.
- The course materials may not be used in connection with any high risk or strict liability activity (including, without limitation, space travel, firefighting, police operations, power plant operation, military operations, rescue operations, hospital and medical operations or the like).
- The course materials and software must be used in accordance in compliance with all applicable laws and regulations, including but not limited to privacy laws, and laws and regulations concerning intellectual property, consumer and child protection, obscenity or defamation.
- The course materials may not be used in any manner that:
- Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or libelous (including without limitation, accessing any computer, computer system, network, software, or data without authorization, breaching the security of another user or system, and/or attempting to circumvent any user authentication or security process),
- Impersonates any person or entity, including without limitation any employee or representative of FunctorTech OÜ, or
- Contains a virus, trojan horse, worm, time bomb, unsolicited bulk, commercial, or "spam" message, or other harmful computer code, file, or program (including without limitation, password guessing programs, decoders, password gatherers, keystroke loggers, cracking tools, packet sniffers, and/or encryption circumvention programs).
- Intellectual Property.
- This Agreement does not transfer from FunctorTech OÜ to students any FunctorTech OÜ intellectual property; all rights, title and interest in and to such property remain solely with FunctorTech OÜ, with the exception described in "License of code examples" above.
- FunctorHub, functorhub.com, the functorhub.com logos, and all other trademarks, service marks, graphics and logos used in connection with functorhub.com, or the Website are trademarks or registered trademarks of FunctorTech OÜ or FunctorTech OÜ's licensors.
- Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.
- Your use of the Website does not grant you any right or license to reproduce or otherwise use any FunctorTech OÜ trademarks.
- This Agreement is not a sale and does not convey to Customer any rights of ownership in or related to the course materials, or any intellectual property rights, with the exception described in "License of code examples" above.
- Reference. FunctorTech OÜ shall be entitled to publicly use the name and logo of students' organizations as a reference for the marketing and distribution of its products and/or services.
- Piracy. Enrollments are specific to the registered student. Usage is tracked. If FunctorTech OÜ discovers evidence of multiple near-simultaneous accesses from more than one IP address, the enrolled student will be blacklisted and prevented from logging into the site; no refund or warning will be given.
- Sunset.FunctorTech OÜ has a sunset policy for courses that become obsolete or are otherwise not economic to offer. Students whose enrollments are due to expire prior to a course being discontinued will be given 90 days notice before the course is removed from the system, and provision will be made to download the material. The sunset policy may be waived if all paying students agree. No sunset policy is required for free courses, or courses that have no paying students.
- Best Efforts. FunctorTech OÜ provides this service on a 'best efforts' basis, and does not offer any guarantees as to the availability of the service. In particular, this service relies on the services of third parties to provide online computing resources and networking; the availability of these services is not under the control of Micronautics. Not all features of the site are guaranteed to be available at all times, for example the ability to download personalized videos may be interrupted for extended periods of time.
- Changes. FunctorTech OÜ reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. FunctorTech OÜ may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement. FunctorTech OÜ may also remove features at any time without warning.
- General Representation. You represent and warrant that
- Your use of the Website will be in accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).
- Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Limitation of Liability. In no event will FunctorTech OÜ, or its suppliers or licensors,
be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or
other legal or equitable theory for:
- Any special, incidental or consequential damages;
- The cost of procurement for substitute products or services;
- For interruption of use or loss or corruption of data;
- For any amounts that exceed the fees paid by students to FunctorTech OÜ under this agreement during the 365 day period prior to the cause of action.
- Indemnification. You agree to indemnify and hold harmless FunctorTech OÜ, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of this Agreement, including but not limited to your violation of this Agreement.
- Disclaimer of warranty The Website is provided 'as is'. FunctorTech OÜ and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FunctorTech OÜ nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. FunctorTech OÜ makes no warranty, express or implied, with regard to the services provided, all such warranties are hereby excluded by FunctorTech OÜ and waived by the student. In no event will FunctorTech OÜ be liable to the client or any other individual or entity connected with the student for any claim, loss of revenue profits, sales, business, data, code, service, information exclusivity or damage of any kind of nature, arising out of or in connection with the subscription. In any event, FunctorTech OÜ's maximum liability to the client shall be limited to the amounts actually paid to FunctorTech OÜ for course enrollments during the previous 365 days.
- Termination. FunctorTech OÜ may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FunctorTech OÜ account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. The termination of the subscription can happen with a written notice at any time by both the student and FunctorTech OÜ. If a termination happens there shall be no refunds except if FunctorTech OÜ terminates without cause within the first 45 days of an enrollment.
- Partial invalidity If any provision of this document is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
- Failure to enforce The failure of either party to enforce at any time, or for any period of time, the provisions hereof shall not be construed to be a waiver of such provisions or of the right of such party to enforce each and every such provision.
- Governing law. This agreement is subject to the laws of Estonia. Any disputes are subject to the jurisdiction of Estonia.