Excelerate Me! – Terms of Service

Effective Date: May 1, 2025

Welcome to Excelerate Me! ("Excelerate Me!", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of our online learning and exam practice platforms, websites, mobile apps, and related services (collectively, the "Service").

Please read these Terms carefully. By accessing or using the Service, clicking "I Agree," or creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy.

1. Eligibility and Account Registration

• You must be at least 13 years of age (or the age of majority in your jurisdiction) to use the Service.
• If you are under 18, you may only use the Service with the involvement and consent of a parent, legal guardian, or your School.
• You agree to provide accurate, current, and complete registration information and update it as needed.
• Parents or educators registering on behalf of others represent that they have the authority to bind the minor or institution to these Terms.

2. The Service

• We grant you a limited, non-exclusive, non-transferable licence to access and use the Service for personal or educational purposes only.
• You agree not to copy, modify, reverse-engineer, or distribute the Service or any part thereof.
• We may introduce features, enhancements, or changes, which will be subject to these Terms.

3. User Content & Licenses

• You retain ownership of any content you upload ("User Content").
• By uploading content, you grant us a non‑exclusive, royalty‑free, worldwide licence to use, host, and display your User Content.
• You represent that you have the rights to any submitted content, and it does not infringe third-party rights.
• We reserve the right to remove any content that violates our policies or is deemed inappropriate.

4. Student Data / Child Accounts

• For K–12 learners, Student Data is treated as confidential and managed in accordance with applicable laws such as COPPA, FERPA, and other regional privacy legislation.
• If you're an educator or institution enrolling students, you represent that you have obtained necessary parent consent for those under 13.
• Data sharing with third parties is governed by our Privacy Policy and binding institutional agreements.

5. Payment, Subscriptions & Renewals

• Access to premium features or institutional access may require payment via credit card or approved payment method.
• Subscription terms (e.g. monthly, annual) will be disclosed at purchase, and auto-renewal will continue until cancellation.
• Payment is non-refundable except as otherwise required by law. You may cancel at any time, but refunds are at our discretion.

6. Modifications and Termination

• We may modify or discontinue (temporarily or permanently) the Service or these Terms at any time, providing notice via email or platform messaging.
• Your continued use after such modifications constitutes acceptance.
• We may suspend or terminate your access for violation of these Terms or other policies, without refund.

7. DMCA & Copyright Policy

• We respect intellectual property rights. If you believe your work has been infringed, please notify us under the DMCA.
• Proper notices must include identification of the work, infringing material, and your contact information.
• We may terminate repeat infringers and block access, with or without refund.

8. Disclaimers & Limitation of Liability

• The Service is provided "as‑is," and we disclaim all warranties—express or implied.
• We are not liable for errors, omissions, downtime, loss of data, or results of your use of the Service.
• To the maximum extent permitted by law, our total liability shall not exceed AUD 100 (or equivalent).
• We are not responsible for third-party links or interactions, user conduct, or any content you upload.

9. Indemnity

You agree to indemnify and hold harmless Excelerate Me!, its affiliates, officers, employees, and partners from any claims arising from your use of the Service, violation of these Terms, or infringement by your User Content.

10. Miscellaneous

• These Terms are governed by the laws of New South Wales, Australia without regard to conflict of law rules.
• Any dispute shall be resolved in the courts or arbitration of that jurisdiction.
• If any provision is deemed invalid, the remainder shall remain in full force.
• We may assign these Terms or our rights under them at any time.
• Our failure to enforce a right is not a waiver.