Terms of Use

1. Agreement to Terms

These Terms of Use (these "Terms") are a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Edugator ("Edugator", "Company", "we", "us", or "our"), concerning your access to and use of the https://edugator.app/ website, the Edugator learning platform, and any related media, applications, or integrations (collectively, the "Service"). By creating an account or using the Service, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with all of these Terms, you may not use the Service and must discontinue use immediately.

Please read Section 19 (Dispute Resolution) carefully. It contains an arbitration agreement and class action waiver that affect your legal rights, including your right to sue in court and to a jury trial. Section 19 also explains how to opt out.

The following policies are part of these Terms and are incorporated by reference:

• our Privacy Policy, which describes how we collect, use, and protect personal information;
• our FERPA Addendum, which describes how we handle student Education Records;
• our Refund Policy, which describes when and how refunds are issued; and
• the Community Test Bank Policy, which governs content contributed to or obtained from the Edugator Community Test Bank ("CTB").

Order of precedence. If you use the Service under a separate written agreement between Edugator and your institution, school, or organization (an "Institutional Agreement"), including any order form or data protection agreement, that Institutional Agreement controls over these Terms to the extent of any conflict. Otherwise, if these Terms conflict with an incorporated policy on a subject that policy specifically addresses, the specific policy controls for that subject.

Changes to these Terms. We may revise these Terms from time to time. The "Last Updated" date above reflects the most recent version, and material changes apply prospectively from their stated effective date. If a change materially reduces your rights, we will provide reasonable advance notice — for example, by email, by an in-product notice, or by a notice on the Site — and, where applicable law requires your affirmative consent to a change, we will obtain it. Changes to Section 19 (Dispute Resolution) do not apply to any Dispute of which either party had written notice before the change took effect. Your continued use of the Service after a revised version takes effect constitutes acceptance of the revised Terms; if you do not agree to a revised version, you must stop using the Service.

The Service is operated from the United States and is not intended for use in any jurisdiction where its use would be contrary to law or would subject us to a registration requirement. Users who access the Service from other locations do so on their own initiative and are responsible for compliance with local laws.

2. Eligibility and Accounts

You must be at least 18 years old (or the age of majority where you live) to create an account and accept these Terms independently. A person under 18 may use the Service only through a course offered by an authorized educational institution, and with any consent or authorization required by applicable law or institutional policy; in that case, the institution, or a parent or guardian where the law requires it, authorizes the use on the minor's behalf. The Service is not intended for independent use by children under 13. Any use by a child under 13 must be authorized and administered by an educational institution in accordance with applicable law and any applicable Institutional Agreement.

By using the Service, you represent that: (1) all registration information you submit is truthful, accurate, and kept up to date; and (2) your use of the Service complies with all applicable laws and regulations and, if you use the Service through an institution, with that institution's policies.

You are responsible for maintaining the confidentiality of your login credentials. You agree to: (a) not share your account or credentials with anyone else; (b) not access or attempt to access another person's account; and (c) notify us promptly at support@edugator.app if you suspect unauthorized use of your account. You are responsible for activity under your account to the extent it is caused by your acts or omissions, including a failure to take reasonable steps to protect your credentials; you are not responsible for unauthorized activity that was not caused by your breach of these Terms or your failure to exercise reasonable care.

If your account is provisioned or connected through your institution — for example, through single sign-on or a learning management system integration such as Canvas — your institution may control aspects of your account, including enrollment, roles, and access, and these Terms apply alongside your institution's own policies.

If you provide information that is untrue, inaccurate, or incomplete, or if you violate these Terms, we may suspend or terminate your account as described in Section 15.

3. The Service and Plans

Edugator is a web-based platform for computing education. Depending on your role and plan, the Service includes course authoring, programming problems with automated assessment, lessons, timed exams, roster management, gradebooks, analytics, AI-assisted features, and integrations with learning management systems.

Available plans, current pricing, and plan features are described on our Pricing page. We may change plans, features, and pricing prospectively; price changes do not affect fees you have already paid for a current access period, and Section 16 describes your rights if a paid feature or the Service is discontinued during a paid access period.

Free Trial. Trial access is provided free of charge for evaluation, for the trial period described on the Pricing page. Trial access is provided "as is", may be modified or discontinued at our discretion, and does not obligate us to provide any feature or continued access after the trial ends.

Educational role of the Service. Edugator is a tool that supports instruction and assessment. Your instructors and institution — not Edugator — are responsible for course content decisions, grading policies, academic deadlines, and final academic judgments, including grades.

4. Fees, Payments, and Refunds

Where a plan requires payment — for example, a student platform access fee on the Standard plan — the applicable fee is stated at the time of purchase. By submitting payment, you authorize us and our third-party payment processor, Stripe, to charge your selected payment method. You are responsible for any applicable taxes, other than taxes on our income.

Payments are processed by third-party payment processors; we do not store full payment card numbers.

Standard plan access period. On the Standard plan, students pay a one-time platform access fee — currently US $8, as listed on the Pricing page and stated at checkout — when they join a specific course shell. Paid access lasts for twelve (12) months from the date of payment for a specific course. When that period ends, your access to the course through the Service stops; access does not renew automatically, and we will not charge you again without your affirmative action. The end of your access period does not by itself delete your data: your submissions and grades remain available to your instructor and institution as described in the FERPA Addendum, and you may request a copy of your data, or its deletion, as described in Section 11 and the Privacy Policy.

Refunds are governed by our Refund Policy. For Institutional plans, fees, invoicing, and refunds are governed by the applicable Institutional Agreement or order form.

If a payment is subject to a chargeback or is otherwise reversed other than through our Refund Policy, we may suspend the associated access until the matter is resolved.

5. Service Availability and Service Commitment

We work to keep the Service continuously available, and we publish real-time and historical availability on our public status page at https://incident.edugator.app/.

Service Commitment. We target a monthly uptime of at least 99.5 percent for the core Service. For this purpose, the "core Service" means the ability to sign in, access assigned course content, and submit work for assessment; monthly uptime is the percentage of minutes in a calendar month during which the core Service was available, excluding only the periods described under Exclusions below. The availability record published on the status page is the primary measurement, but it is not the only admissible evidence: if you experienced an outage that the status page did not record, we will consider reasonable evidence you provide, such as timestamps and error messages.

The remedy for failing to meet this target depends on how you access the Service:

• Free and Trial access. Because no fee is paid, the Service Commitment does not create a right to credits or refunds for free or trial use. If an availability incident materially affects a trial evaluation, an instructor evaluating the trial may contact support@edugator.app and we may, at our discretion, extend the trial period.
• Individual paid access (for example, the student platform access fee on the Standard plan). If monthly uptime falls below the target and you were materially affected — meaning the downtime prevented you from completing coursework or an assessment, rather than merely inconveniencing you — you may request a remedy by contacting refunds@edugator.app within 30 days after the end of that month. We will provide, at our election, a service credit, an extension of your access period, or a pro-rated refund of the fee attributable to the affected period, and in each case the remedy will be commercially meaningful rather than nominal.
• Institutional plans. Where access is provided under an Institutional Agreement, availability commitments and remedies are exclusively those stated in that agreement (including any custom SLA), and the credit and refund process in this Section does not apply.

The applicable remedy above is your sole and exclusive remedy, and our entire liability, for a failure of the Service to meet the Service Commitment. This Section addresses availability only. It does not limit our obligations, or your rights, relating to data security, confidentiality, or privacy under these Terms, the Privacy Policy, the FERPA Addendum, or applicable law, even if the same incident also caused downtime.

Exclusions. The Service Commitment does not apply to unavailability caused by: (a) scheduled maintenance announced at least 24 hours in advance on the status page or in-product, which we schedule outside typical class and exam hours where practicable and which does not exceed eight hours in any calendar month; (b) emergency maintenance strictly required to address an immediate security or data-integrity risk; (c) events genuinely outside our reasonable control, such as failures of your institution's systems or learning management system, your internet service provider, or general internet outages — failures of the hosting infrastructure we select count as downtime; (d) your equipment, software, or misuse of the Service; or (e) suspension or termination of your access under these Terms.

Exams and deadlines. If an availability incident affects a timed exam or an assignment deadline, instructors and course staff should contact support@edugator.app; we will work with them to verify the incident and support reasonable accommodations, such as timing adjustments. Decisions about extensions, re-openings, and grading remain with the instructor and institution.

Except for the Service Commitment stated in this Section, we do not guarantee that the Service will be uninterrupted or error-free, and we may modify, suspend, or discontinue any part of the Service as described in Section 16.

6. Edugator Intellectual Property

Unless otherwise indicated, the Service is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and other material provided by us on the Service (collectively, the "Edugator Content"), and the trademarks, service marks, and logos contained therein (the "Marks"), are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property and unfair competition laws of the United States and other jurisdictions. "Edugator Content" does not include Your Content (defined in Section 7) or content licensed under the Community Test Bank Policy.

Provided you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service, and to download or print material from the Service to which you have properly gained access, solely for your own educational or instructional use consistent with your plan and role. Except as expressly permitted by these Terms, by the Community Test Bank Policy, or by us in writing, no part of the Service, Edugator Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose. We reserve all rights not expressly granted to you.

Feedback. If you send us questions, comments, suggestions, ideas, or other feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that Feedback for any lawful purpose, including improving the Service, without compensation or attribution obligations to you. Feedback does not include Your Content.

7. Your Content

"Your Content" means content you create, upload, submit, or transmit through the Service, including course materials, lessons, problems, test cases, code submissions, exam responses, and files.

Ownership. As between Edugator and the applicable rights holder, you — or the person or institution that provided the content — retain all ownership rights in Your Content. These Terms do not transfer those ownership rights to us.

License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt (for example, reformatting or rendering), transmit, and display Your Content, including through the service providers described in Section 13 acting on our behalf, solely as needed to: (a) provide, operate, secure, and support the Service; (b) comply with law; and (c) maintain and improve the operation, security, accessibility, and performance of the Service, using aggregated or de-identified information where practicable. This license lasts for as long as Your Content is on the Service, plus a reasonable period for backups to cycle out, and survives only to the extent needed for legal compliance and archival copies made in the ordinary course.

No sale, no advertising, no AI training. We do not sell Your Content, and we do not use student data or Education Records for advertising or marketing. We do not use Your Content — including student submissions, exam responses, chatbot prompts, or instructor course materials — to train general-purpose artificial intelligence models, and our AI providers are contractually not permitted to use it to train theirs. If we ever propose to use content for model training, we will first update these Terms and obtain any authorization required from the applicable rights holder and institution. Student data and Education Records are handled as described in our FERPA Addendum and Privacy Policy; where your institution has an Institutional Agreement with us, that agreement controls.

Visibility. Depending on how the Service is used, Your Content may be visible to others — for example, instructors and course staff can access student submissions and analytics for their courses, and course materials an instructor publishes are visible to enrolled students. Do not submit content you are not prepared to share within these course contexts.

Community Test Bank. Content is only distributed to other instructors or third parties through the CTB if you affirmatively opt in, and such contributions are governed by the Community Test Bank Policy — not by this Section.

Your responsibilities. You represent that, for the content you yourself contribute: (1) you have the rights, licenses, and permissions reasonably necessary to submit it and to grant the license above; (2) it does not knowingly infringe or misappropriate any third party's intellectual property, privacy, or other rights; (3) it complies with applicable law and, if you are affiliated with an institution, with your institution's policies; and (4) it is not unlawful, defamatory, harassing, obscene, or malicious. These representations do not extend to materials provided to you through the Service — such as instructor-provided starter code or problem statements — or to open-source components you are permitted to use in your coursework. You are responsible for Your Content, and we are not liable for statements or representations in it.

Instructor content. If you are an instructor or course staff member, you are responsible for ensuring you have the authority — under your employment terms and institutional intellectual property policy — to use course materials on the Service. Our accessibility commitments, and guidance for making instructor-created content accessible, are described in our Accessibility Statement.

Moderation. We do not pre-screen Your Content and have no obligation to monitor it, but we may review, refuse, restrict, or remove content that we reasonably believe violates these Terms, the law, or third-party rights, or that creates risk for the Service or its users.

8. AI Features

The Service includes features powered by artificial intelligence ("AI Features"), which currently include: Bloom, an AI tutor chatbot for students with instructor-configurable pedagogical guardrails; AI-assisted authoring tools for instructors, such as test case generation; and AI-assisted insights and feedback. AI Features may change over time.

• Instructor control. Instructors can enable, configure, or disable student-facing AI Features for their course. Whether and how AI Features may be used in a given course is determined by the instructor and institution.
• Output quality. AI-generated output is produced by machine-learning models and may be inaccurate, incomplete, or unsuitable for your purpose despite our guardrails. AI output is provided for learning and productivity support only; verify it before relying on it. Instructors are responsible for reviewing AI-assisted authoring output (such as generated test cases) before using it in a course.
• Output rights. Subject to these Terms and our providers' terms, you may use AI output generated for you in your coursework or course authoring. AI output may not be unique — the same or similar output may be generated for other users — and we do not warrant that AI output is protectable by intellectual property rights or that it does not infringe third-party rights. You are responsible for reviewing output before relying on it or distributing it.
• No academic decisions. Automated test-case grading on Edugator is deterministic and configured by instructors; it is separate from generative AI Features. Generative AI Features do not assign grades, flag misconduct, or make academic decisions about you. Grades and academic outcomes are determined by instructor-defined assessment and by your instructor and institution.
• Data handling. AI Features are powered by third-party large language models (currently models provided by OpenAI). The content sent to the model provider is limited to what the feature needs — for example, the relevant problem statement, code, test cases, and the messages you type to the chatbot. We do not intentionally include your name, email address, student ID, or other account identifiers in these requests; however, the content itself — code, comments, file names, or what you write — may still contain information that identifies you. Do not include personal information about yourself or others in prompts; AI Features do not need it to help you. If personal information is nevertheless included in a prompt, it remains protected under these Terms, our Privacy Policy, and our FERPA Addendum: it is processed solely to provide the feature, it is not sold or used for advertising or marketing, we do not use it to train models (Section 7), and our AI providers process it under terms that do not permit them to use it to train their models. Providers may retain API traffic for a limited period for abuse monitoring under their published policies. Chatbot conversations and generated output are stored as part of your course activity within the Service and can be deleted as described in Section 11.
• Institutional authorization. AI Features are available in a course only as enabled and configured by the instructor or institution. Where an instructor or institution enables AI Features, Edugator processes the associated prompts and outputs as part of the service it performs for the institution, in the school-official capacity described in our FERPA Addendum.
• Responsible use. You may not use AI Features in violation of your course's academic integrity policy, attempt to circumvent pedagogical guardrails or safety controls, or use AI Features to generate unlawful, infringing, or harmful content.

To the fullest extent permitted by law, AI output is provided "as is" and we make no warranty as to its accuracy, completeness, or fitness for any purpose.

9. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make it available. As a user of the Service, you agree not to:

1. Share account credentials, use another person's account, or impersonate any person or entity.
2. Systematically retrieve, scrape, or bulk-download data or content from the Service — including problems, test cases, solutions, lessons, or CTB content — to create a collection, dataset, or competing product, or to train a machine-learning or AI model, without our written permission.
3. Access the Service through automated means, except through integrations we provide or authorize (such as LTI/LMS integrations), assistive technologies, and standard search engine indexing.
4. Submit, upload, or execute code or content designed to harm the Service or others — including malware; code that attempts to escape or probe the code-execution sandbox; code that tampers with grading, test cases, or other users' submissions; cryptocurrency mining; denial-of-service or resource-exhaustion attacks; or use of the code-execution environment to attack any system.
5. Circumvent, disable, or interfere with security features of the Service, exam timing or proctoring controls, access restrictions, or usage limits; or attempt to gain unauthorized access to the Service, to other users' accounts or data, or to the servers, systems, or networks supporting the Service — or probe, scan, or test their vulnerability — by any manual or automated means, except through a security-disclosure process we authorize.
6. Copy, redistribute, publish, or sell exam or assessment content, or post it to third-party sites, except as authorized by the content owner and your institution.
7. Trick, defraud, or mislead us or other users, including attempts to obtain other users' credentials or personal information, or harvesting usernames or email addresses to send unsolicited communications.
8. Use any information obtained from the Service to harass, abuse, or harm another person, or harass, intimidate, or threaten our users, employees, members, or agents.
9. Upload or transmit material that acts as an unauthorized information collection or transmission mechanism, including spyware and tracking pixels.
10. Interfere with, disrupt, or create an undue burden on the Service or its networks, or upload files that are excessive in size or burdensome to our systems.
11. Decompile, disassemble, reverse engineer, or copy the software comprising the Service, except to the extent this restriction is prohibited by applicable law.
12. Remove copyright or other proprietary notices from any content.
13. Resell or sublicense access to the Service, use the Service to build or support a competing product or service, or commercially exploit Edugator Content outside your authorized plan. Ordinary educational use within your plan — including paid teaching, tutoring, corporate training, and instruction at for-profit institutions — is not a prohibited commercial use.
14. Submit false reports of abuse or misconduct, or misuse our support services.
15. Use the Service in a manner inconsistent with applicable law or regulation, or encourage or assist anyone else to do any of the above.

We may investigate violations, may remove or restrict content, may suspend or terminate accounts, and may report unlawful conduct to law enforcement or, where appropriate, to your institution.

10. Academic Integrity

The Service is used for graded coursework and exams. You agree to use the Service in compliance with the academic integrity policies of your course and institution. Without limiting Section 9, you may not submit another person's work as your own where your course prohibits it, share or obtain assessment content or solutions in violation of course policy, or misrepresent your identity in any assessment.

Edugator does not adjudicate academic misconduct. Where your institution or instructor is investigating suspected misconduct, we may provide relevant records and activity data to authorized institutional officials, consistent with our FERPA Addendum. Violations of this Section are also violations of these Terms and may result in suspension or termination of your access.

11. User Data, Data Processing, and Deletion

Our collection and use of personal information is described in our Privacy Policy, and our handling of student Education Records is described in our FERPA Addendum. In summary: we process user data solely to provide, support, and secure the Service and to maintain and improve its operation, security, accessibility, and performance; we do not sell user data; and we do not use student data for advertising, marketing, or AI model training (Section 7).

Data deletion. You may request deletion of your user profile and personal data at any time through in-app settings or by contacting legal@edugator.app with the subject line "Privacy Request". We honor these requests, subject to the following exceptions: records your institution requires us to retain for official academic, grading, or compliance purposes (in which case we coordinate with the institution as described in the FERPA Addendum, and you may need to direct your request to the institution, which controls its Education Records); records we must keep to comply with law or valid legal process, including litigation holds; transaction and billing records; and records reasonably needed to investigate security incidents or fraud. Deleted data may persist in encrypted backups for a limited period until those backups are deleted or overwritten in the ordinary course.

Backups and your copies. We perform regular routine backups to support the reliability of the Service, but backups are not a substitute for your own records. To the extent permitted by law, and except as otherwise provided in the Privacy Policy, the FERPA Addendum, or an Institutional Agreement, we are not liable for loss or corruption of data you transmit through the Service, and you are encouraged to retain your own copies of material you cannot afford to lose.

Institutions. Where required, Edugator will enter into a data processing or data protection agreement with your institution; that agreement governs our processing of institutional data to the extent of any conflict with this Section. If you are an instructor, do not upload identifiable student Education Records outside a course deployment your institution has authorized.

12. Copyright Complaints (DMCA)

We respect intellectual property rights and expect users to do the same. If you believe that material on the Service infringes a copyright you own or control, send a notification to our designated agent below that includes: (1) identification of the copyrighted work claimed to be infringed; (2) identification of the material claimed to be infringing and information reasonably sufficient to locate it on the Service; (3) your name, address, telephone number, and email address; (4) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (5) a statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (6) your physical or electronic signature.

Designated Copyright Agent

Edugator — Attn: Copyright Agent
7901 4TH ST N
STE 300
ST. PETERSBURG, FL. US 33702
Email: legal@edugator.app (subject line "DMCA Notice")

If material you posted was removed in response to a notice and you believe the removal was a mistake or misidentification, you may send a counter-notification to the same address containing the information required by 17 U.S.C. § 512(g)(3). We may restore the material as provided by law. We have adopted, and reasonably implement, a policy of terminating the accounts of repeat infringers in appropriate circumstances.

13. Service Providers and Third-Party Services

Our service providers. The Service is built on service providers that process data on our behalf and on our instructions: currently, Amazon Web Services provides cloud hosting and infrastructure, Clerk provides authentication and account sign-in, and OpenAI provides the AI models powering the AI Features described in Section 8. These providers are subject to contractual confidentiality, security, and use restrictions consistent with our Privacy Policy and FERPA Addendum, and our Privacy Policy describes the providers that process personal data. We remain responsible for our own obligations under these Terms, the Privacy Policy, the FERPA Addendum, and applicable Institutional Agreements when we use these providers. We may change or add providers, and will only use providers subject to materially equivalent protections.

Third-party websites and services you choose. The Service may also contain links to third-party websites, and may interoperate with services selected by you or your institution — for example, your learning management system or identity provider ("Third-Party Services"). Third-Party Services are not under our control, and we are not responsible for their content, policies, or practices; links and integrations do not imply our endorsement. Your use of a Third-Party Service is governed by that third party's own terms and privacy policy, and any purchases you make through third-party websites are solely between you and the applicable third party. To the fullest extent permitted by law, claims arising from your use of a Third-Party Service that you or your institution selected are against that third party, not us; this sentence does not apply to the service providers acting on our behalf described above.

14. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms; (2) take appropriate legal action against anyone who, in our reasonable discretion, violates the law or these Terms, including reporting such user to law enforcement; (3) refuse, restrict access to, limit the availability of, or disable any of Your Content or any portion of it, in our reasonable discretion; (4) remove or disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate its proper functioning.

15. Term and Termination

These Terms remain in effect while you use the Service. We may suspend or terminate your account for violation of these Terms, for suspected fraud or abuse, to comply with law, or where an Institutional Agreement that provisioned your access ends, and we may deny access to the Service (including by blocking IP addresses) to anyone who breaches these Terms or applicable law.

Notice and review. Except where immediate action is required to protect the Service, other users, or data, or is required by law, we will give you notice of a suspension or termination and the reason for it, and an opportunity to respond. You may ask us to review a suspension by replying to the notice or contacting support@edugator.app. If a suspension affects an active timed exam or an imminent course deadline, say so in your message (for example, "Urgent — active assessment") and we will review on an expedited basis and coordinate with your instructor or institution where appropriate. If we determine a suspension was made in error, we will restore your access promptly and extend your access period, or provide an equivalent remedy, to account for the interruption.

If we terminate or suspend your account for a violation, you may not register a new account under your name, a false name, or a third party's name. We also reserve the right to pursue civil, criminal, and injunctive remedies where appropriate.

Effect of termination. On termination, your license to use the Service ends. Data associated with your account will be handled as described in Section 11, the Privacy Policy, the FERPA Addendum, and any Institutional Agreement, and you may request a copy of your data as described in the Privacy Policy. Sections that by their nature should survive termination — including Sections 6, 7 (as to the wind-down license), 8 (disclaimers), 12, 13, and 18 through 25 — survive.

16. Modifications of the Service

We may change, update, or remove features of the Service, and we may modify or discontinue all or part of the Service. We will not be liable for any modification, suspension, or discontinuance of the Service, except as expressly provided in this Section, Section 5 (Service Commitment), and our Refund Policy.

If you have paid for access, we will not remove a material feature of your plan, or discontinue the Service, during your paid access period without providing a reasonable substitute, an extension of access, or a pro-rated refund of the unused portion of the fee for the affected period — unless the change is required by law or by a security risk, or your access was terminated for your breach.

Nothing in these Terms otherwise obligates us to maintain or support the Service or to supply corrections or updates, except as stated in Section 5 or an applicable Institutional Agreement.

17. Corrections

Information on the Service may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct errors and to change or update information at any time, without prior notice. Correcting an error does not retroactively change the price or terms of a purchase you have already completed, except as permitted by applicable law.

18. Governing Law

These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles, except that the Federal Arbitration Act governs Section 19. If you are a consumer in a jurisdiction whose laws give you mandatory rights or protections that cannot be waived by contract, nothing in these Terms limits those rights.

19. Dispute Resolution

If you are using the Service under an Institutional Agreement, disputes between Edugator and the institution are resolved as provided in that agreement, and this Section applies only to disputes between you, individually, and Edugator.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute"), you and Edugator (the "Parties") agree to first attempt to negotiate any Dispute (except those expressly excluded below) informally for at least 30 days before initiating arbitration. Informal negotiations commence upon written notice from one Party to the other describing the Dispute and the relief sought. Send notice to us at legal@edugator.app with the subject line "Dispute Notice" or by mail to the address in Section 25; we will send notice to the email address associated with your account.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. This arbitration agreement is governed by the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules where the Dispute qualifies as a consumer dispute under those rules, and otherwise under its Commercial Arbitration Rules, each as in effect when the arbitration is commenced and available at www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by, and where applicable limited by, the AAA's consumer fee schedule. The arbitration may be conducted through the submission of documents, by phone, online, or in person; any in-person hearing in a consumer Dispute will take place in the county where you reside, or another location determined under the applicable AAA rules, and otherwise in Alachua County, Florida. The arbitrator must follow applicable law and will issue a written decision. Judgment on the award may be entered in any court having jurisdiction, and the award may be reviewed or challenged only on the grounds permitted by the Federal Arbitration Act and other applicable law. The Parties may litigate in court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award.

Your right to opt out. You may opt out of this arbitration agreement and class action waiver by emailing legal@edugator.app with the subject line "Arbitration Opt-Out" within 30 days after you first accept these Terms, stating your name, the email associated with your account, and that you opt out of arbitration. We will confirm receipt in writing. If we materially change this Section 19, you may opt out of the change in the same manner within 30 days after its effective date, and the change will not apply to any Dispute of which either Party had written notice before the change took effect. Opting out does not affect any other provision of these Terms.

If a Dispute is excluded from arbitration below, or proceeds in court for any other reason, the Dispute shall be commenced or prosecuted in the state or federal courts located in Alachua County, Florida, and the Parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in those courts — except that you may bring a qualifying claim in small claims court in your own county, and nothing in this paragraph overrides mandatory consumer venue rights. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) is excluded from these Terms.

Time limit on claims. To the fullest extent permitted by law, no Dispute may be commenced more than one (1) year after the cause of action arose. This limitation does not apply to claims for which applicable law does not permit the limitations period to be shortened by contract. If this limitation is found unenforceable as to a particular Dispute, the statutory limitations period applies to that Dispute, and the Dispute otherwise remains subject to arbitration under this Section.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The following are not subject to the provisions above concerning informal negotiations and binding arbitration: (a) a Dispute seeking to enforce or protect, or concerning the validity of, either Party's intellectual property rights; (b) a claim for temporary or preliminary injunctive relief in aid of arbitration or to prevent imminent and irreparable harm — the merits of the underlying Dispute remain subject to arbitration; and (c) an individual claim within the jurisdiction of a small claims court, which either Party may bring in that court. If any part of this Section is found illegal or unenforceable as to a particular Dispute, that Dispute shall be decided by a court of competent jurisdiction identified above, and the remainder of this Section remains in effect.

20. Disclaimer

The Service is provided on an as-is and as-available basis. Except for the Service Commitment expressly stated in Section 5, your use of the Service is at your sole risk, and, to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Service and your use of it, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Service's content — including AI-generated output and content authored by instructors or other users — or the content of any websites linked to the Service, and we assume no liability for: (1) errors, mistakes, or inaccuracies of content; (2) personal injury or property damage resulting from your access to or use of the Service; (3) unauthorized access to or use of our servers or of personal or financial information stored on them; (4) interruption or cessation of transmission to or from the Service; (5) bugs, viruses, or similar material transmitted to or through the Service by any third party; or (6) loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service. We do not warrant, endorse, or assume responsibility for any product or service advertised or offered by a third party through the Service or any linked website, and we will not be a party to or responsible for monitoring any transaction between you and any third-party provider. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

21. Limitations of Liability

To the fullest extent permitted by law, in no event will we or our directors, officers, employees, members, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages — including lost profit, lost revenue, loss of data, loss of goodwill, or loss of instructional time — arising from your use of the Service, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our aggregate liability to you for all claims arising out of or relating to the Service or these Terms, regardless of the form of action, will at all times be limited to the amount you paid to us for the Service during the twelve (12) months before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for gross negligence, willful misconduct, or any other liability that cannot lawfully be excluded or limited, and some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. If you use the Service under an Institutional Agreement, any liability terms in that agreement control as between Edugator and the institution.

22. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold us harmless — including our affiliates and our respective officers, agents, partners, members, and employees — from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) content you supplied that infringes or misappropriates a third party's rights; (2) your unlawful conduct or willful misconduct in connection with the Service; or (3) your material breach of these Terms. This Section does not apply to the extent a claim results from our own negligence, misconduct, security failure, or noncompliance with law or these Terms. We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to reasonably cooperate with our defense. We will use reasonable efforts to notify you of any such claim upon becoming aware of it. If you use the Service under an Institutional Agreement, any indemnification terms in that agreement control as between Edugator and the institution.

23. Electronic Communications, Transactions, and Signatures

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service. To the extent permitted by law, you waive any requirements under any statutes, regulations, rules, or ordinances that require an original signature or the delivery or retention of non-electronic records, or that require payments or the granting of credits by non-electronic means.

24. Miscellaneous

These Terms, together with the policies expressly incorporated by reference in Section 1, constitute the entire agreement and understanding between you and us with respect to the Service, subject to the order of precedence in Section 1. Operational guidelines or help materials we post on the Service are for information and do not become part of these Terms, and do not materially reduce your rights, unless incorporated with notice as described in Section 1. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations under these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law; you may not assign these Terms without our written consent. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any event beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, epidemics, utility or internet failures, or failures of third-party providers (a "force majeure event"). If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable from these Terms and does not affect the validity and enforceability of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or your use of the Service. You agree that these Terms will not be construed against us by virtue of our having drafted them. You waive any defenses you may have based on the electronic form of these Terms and the absence of signing by the parties.

25. Contact Us

To resolve a complaint regarding the Service or to receive further information regarding use of the Service, contact us at:

Edugator
7901 4TH ST N
STE 300
ST. PETERSBURG, FL. US 33702

• Support: support@edugator.app
• Legal notices and dispute notices: legal@edugator.app, subject line "Legal Notice" or "Dispute Notice"
• Copyright (DMCA) notices: legal@edugator.app, subject line "DMCA Notice"
• Privacy and data requests: legal@edugator.app, subject line "Privacy Request"
• Refund requests: refunds@edugator.app (see our Refund Policy)