Funterra™ Terms of Use

Funterra™ is owned and operated by SMART Technologies ULC , all rights reserved. By using Funterra you, and if you are a minor, your parent or guardian, agree to these Terms:

1. Privacy Policy.You consent to the processing and storage of your data in accordance with Funterra’s Privacy Policy .

2. Your Account.Funterra is a streaming educational entertainment (edutainment) platform that offers fun, entertaining games and videos with an educational backbone. To save achievements and preferences Funterra requires you to open a SMART ID account. You agree to provide accurate account information and maintain the confidentiality of your password and for all activity that occurs using your account.

3. Subscriptions. You may cancel your Funterra subscription at any time. Access to all the content on Funterra requires a paid subscription. By starting your Funterra subscription you are agreeing that we are authorized to charge you the subscription fee associated with your type of account. You agree that we are authorized to charge the current rate to the payment method that you provided in your account information. Prices are subject to change and applicable taxes. The subscription fee will be billed at the beginning of your subscription and each month thereafter unless and until you cancel your subscription. You may cancel your Funterra subscription at any time, and cancellation will be effective immediately. You will continue to have full access to all Funterra content until the current billing period ends. We may not provide refunds or credits for any partially used subscription periods.

4. Using Funterra.We grant you a personal, non-exclusive, revocable, and non-transferable license to use Funterra. In exchange, you agree that you will not copy, modify, create a derivative work, sell, sublicense, or otherwise transfer any right in the content (videos, graphics, text, etc.) and software used in Funterra. Basically, all content belongs to Funterra and your subscription simply allows you access to view that content. If you misbehave, we will immediately (without notice) terminate your subscription and possibly seek legal action against you.

5. No Warranty and Limitation of Liability.We reserve the right, without notice, to: (a) to modify, suspend, interrupt or terminate operation of, or access to, Funterra or any portion of Funterra, for any reason; and (b) to modify or change Funterra or any portion of Funterra, and any applicable policies or terms.Furthermore, we do not promise that Funterra will be error-free, uninterrupted, or that any defects will be corrected, or that your use of the Funterra will provide specific results, like fun and laughter. Funterra and its content are delivered on an “as-is” and “as-available” basis. Funterra disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL FUNTERRA BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF FUNTERRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF SERVICE, FUNTERRA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE FUNTERRA, FUNTERRA’ LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL OF ANY SUBSCRIPTION FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF OR ON THE FUNTERRA PAID WITHIN ONE YEAR PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST US.

6. Governing Law and Disputes.These Terms and your use of Funterra are exclusively governed, construed and interpreted in accordance with the laws of Alberta, Canada. Any disputes shall be exclusively settled in accordance with Alberta’s Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goodsdoes not apply and neither does conflict of laws principles.

Last Updated: November 6, 2020; 423402_1