Terms of Use
These Terms of Use ("Terms") govern your use of the Sapling mobile application ("the App"), operated by Nicholas Cross, a sole trader based in the United Kingdom. By downloading or using the App, you agree to these Terms. If you do not agree, please do not use the App.
1. The App
Sapling is a language learning application available on iOS, focused on Spanish vocabulary for AQA GCSE. A paid subscription provides access to Sapling's AQA Core plan, Foundation and Higher practice, and its exercise modes while your subscription is active.
Sapling is an independent revision tool. It is not affiliated with, endorsed by, sponsored by, or connected to AQA Education, any other awarding body or examination board, or any school.
2. Eligibility and Parental Consent
You must be at least 13 years old to use Sapling. By using the App you confirm that you meet this requirement.
If you are under 18, these Terms must be agreed to by your parent or guardian, who accepts them on your behalf and is responsible for any subscription purchased. A subscription bought through an Apple Account belonging to a parent or guardian is treated as purchased by that person.
3. Subscriptions and Billing
Plans
- GCSE Year Pass — billed annually via your Apple ID
- Finish-line access — billed monthly via your Apple ID
Free Trial
A free trial may be offered to eligible new subscribers from time to time. Where one is available, its length and terms are shown in the App Store before you confirm, and your payment method will be charged at the end of the trial period unless you cancel before it expires. No free trial is offered unless the App Store shows one.
Renewal
Subscriptions renew automatically at the end of each billing period unless cancelled at least 24 hours before the renewal date. Renewal charges are confirmed in the App Store at the time of purchase.
Cancellation
You may cancel at any time through Settings → [Your Name] → Subscriptions on your iOS device. Cancellation takes effect at the end of the current billing period; you will retain access to premium features until then. No refunds are issued for unused portions of a subscription period except where required by law or where section 8 applies.
Price Changes
I reserve the right to change subscription prices. You will be notified in advance of any price change via the App Store. Continued use after the change takes effect constitutes acceptance of the new price.
Restore Purchases
If you reinstall the App or switch devices, use the "Restore Purchase" option within the App to reinstate your subscription.
4. Licence
Subject to these Terms, I grant you a personal, non-exclusive, non-transferable, revocable licence to use the App on iOS devices you own or control, solely for personal, non-commercial language learning purposes.
5. Acceptable Use
You agree not to:
- Copy, modify, distribute, or reverse-engineer any part of the App
- Use the App for any unlawful purpose
- Attempt to gain unauthorised access to any part of the App or its infrastructure
- Share, sell, or transfer your account or subscription to another person
Where you breach this section, I may suspend or withdraw your access to the App. Where the breach is minor or capable of being put right, I will give you notice and a reasonable opportunity to do so first.
6. Intellectual Property and Trade Marks
The App's software, visual design, illustrations, exercise formats, revision scheduling, written explanations, and the selection, arrangement and presentation of its content are owned by Nicholas Cross or licensed to me. Nothing in these Terms grants you ownership of any of it.
I do not claim ownership of the Spanish or English language itself, of individual words, or of any specification, syllabus, word list or other material published by an awarding body. Where the App refers to or draws upon material published by an awarding body, the rights in that material remain with its owner.
"AQA" and "GCSE" are trade marks of their respective owners. Sapling uses them descriptively, to identify the qualification the App is designed to help you revise for, and for no other purpose. This use does not imply any association with, or approval by, the trade mark owner.
7. Exam Specifications and Learning Outcomes
Sapling is a revision aid. It is not a course of study, a teaching service, or a substitute for the teaching, materials, and guidance provided by your school or teacher.
The vocabulary in the App, its division into Foundation and Higher tiers, and any coverage figures, percentages or readiness indicators the App displays are my own interpretation of publicly available specification material. They are not official, have not been checked or approved by any awarding body, and may contain errors or omissions.
Specifications, vocabulary lists, tier arrangements and exam timetables are set by awarding bodies and may change at any time. The current official specification published by your awarding body, together with the guidance of your school, is always the authority — not this App. You should check both.
Exam entry, the tier you are entered for, and the date of your paper are matters for your school and awarding body. Exam dates and tiers shown in the App are those you enter yourself, and any revision plan, countdown, or schedule built from them is a guide only.
Sapling does not guarantee fluency, a particular grade, a pass, an improvement in performance, or any other educational outcome. Exam results depend on many things outside the App's control.
8. Availability and Changes to the App
I may add, change, or remove features and content as the App develops, including to reflect changes to a published specification.
The App is provided by a sole trader and may be withdrawn. If the App is permanently discontinued during a subscription period you have paid for, I will use reasonable efforts to give advance notice, and you may request a refund for the unused portion of that period through Apple. This does not affect your statutory rights.
9. Disclaimers
The App is provided "as is" and "as available". To the fullest extent permitted by law, I make no warranties, express or implied, regarding the App's fitness for a particular purpose, accuracy of content, or uninterrupted availability.
Speech recognition, audio playback, notifications and similar features depend on your device and on services provided by Apple, and may not work in all conditions.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Nicholas Cross shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the App. This includes, without limitation, any loss said to arise from exam results, grades, missed revision, reliance on the App's coverage indicators or revision schedule, or any educational or career outcome.
Where liability cannot be excluded by law (including under the Consumer Rights Act 2015), it is limited to the amount you paid for the App in the 12 months preceding the claim.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under English law.
11. Consumer Rights
If you are a consumer based in the UK, you have statutory rights under the Consumer Rights Act 2015 that cannot be waived by these Terms, including rights relating to digital content that is not of satisfactory quality. Nothing in these Terms affects those rights.
12. Apple
These Terms are between you and Nicholas Cross only, not with Apple. Apple is not responsible for the App or its content and has no obligation to provide any maintenance or support for it. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation in respect of the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
13. Governing Law
These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where mandatory consumer protection laws in your country of residence provide otherwise.
14. General
If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force, and the unenforceable provision applies to the greatest extent permitted by law.
A failure to enforce any part of these Terms is not a waiver of the right to do so later.
These Terms, together with the Privacy Policy, are the entire agreement between us regarding the App.
I may transfer my rights and obligations under these Terms to another person or business, for example if the App is sold. Your rights under these Terms will not be affected, and I will tell you in advance. You may not transfer your rights or obligations to anyone else.
Except as stated in section 12, no one other than you and I has any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.
15. Changes to These Terms
I may update these Terms from time to time. The "Last updated" date at the top reflects the current version. Continued use of the App after changes constitutes acceptance of the revised Terms.
16. Contact
For questions about these Terms, contact:
Nicholas Cross
knack.sienna.6b@icloud.com
United Kingdom
See also the Privacy Policy.
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