Terms of Service
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December 2023
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Welcome to Learnfinity PRO
These Terms of Service govern your use of our products and services, including our apps, websites, and software. Our Privacy Policy, which describes how we process, collect, use, and protect your information, complements these terms.
Our Mission and Business Model
Our mission is to facilitate impactful learning experiences. We offer both free and premium products, focusing on providing value rather than selling your data.
Who We Are
Learnfinity PRO products are provided by Exitou, Inc, a Florida corporation. For more about us, visit our website.
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Your Data and Permissions
- You own your data (e.g., uploaded content). You grant us a license for:
- Operating and improving our products;
- Protecting our products;
- Customizing and developing new features.
- This license is worldwide, non-exclusive, royalty-free, and lasts as long as your content is protected by intellectual property laws.
Warranty Disclaimers
To the fullest extent allowed by applicable law, Learnfinity PRO and its affiliates, along with their respective suppliers and distributors (collectively referred to as "Learnfinity Entities"), categorically disclaim all warranties and conditions, whether express or implied. This disclaimer applies to our products and includes, but is not limited to, implied warranties or conditions of merchantability, quality fit for a particular purpose, ownership, non-infringement, satisfactory quality, or those arising from any transaction, law, usage, or trade practice, as well as warranties regarding security, enjoyment, reliability, timeliness, and performance. You acknowledge that your use of our products is entirely at your own risk and that our products are provided "as is," "as available," and "with all faults," without any kind of warranty, either express or implied. This includes no guarantee that our products will meet your needs or will be uninterrupted or error-free. Affiliates of Learnfinity and Learnfinity Entities' suppliers, licensors, and distributors are acknowledged as third-party beneficiaries of this section.
Learnfinity Entities make no warranty regarding the outputs generated by the use of generative AI features, including their factual accuracy or suitability for your specific use. You agree and understand that your use of any generative AI outputs is done solely at your own risk. Given the current state of generative technology, you should not rely on Learnfinity’s generative AI as your sole source of factual information. No advice or information, whether oral or written, obtained by you from or through Learnfinity Entities will create any warranty not explicitly stated herein.
Limitation of Liability
Where permissible by law, Learnfinity Entities will not be liable for any claims related to our products, including (i) any total amount exceeding the fees you have paid to Learnfinity Entities in the twelve months preceding the liability event; (ii) loss of profits, content, data, or failure to meet any duty including, but not limited to, good faith and reasonable care; or (iii) any indirect, incidental, punitive, special, exemplary, or consequential damages of any kind.
You agree that this limitation of liability is a reasonable distribution of risk and forms a fundamental basis of the agreement between you and Learnfinity Entities. Our products are provided with these limitations as a condition of service.
The limitation or exclusion of certain damages is not permitted in some countries and states, meaning this limitation of liability may not fully apply to you, and you may have additional rights. In such cases, Learnfinity Entities’ liability is limited to the greatest extent allowed by law in your country of residence.
Should any part of these sections be deemed invalid, the invalidity will not affect the validity of the remaining parts of these terms. Learnfinity’s affiliates and the Learnfinity Entities’ suppliers, licensors, and distributors are intended third-party beneficiaries of this section.
Our Intellectual Property and License to You
- We grant a limited, non-exclusive, non-transferable, revocable license to use our software for accessing our products.
- Our products are protected by intellectual property laws. All rights not expressly granted are reserved.
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Limitations on Use and Responsibilities
- Comply with our Acceptable Use Policy.
- Keep your account secure.
- Minimum age for use is 16 (or higher if required by your jurisdiction).
Termination
We may terminate your access if:
- You breach these terms or our Acceptable Use Policy;
- Your use poses a risk to others or us.
Discontinuation and Modification of Products
We may change or discontinue products, providing advance notice where possible.
Third-Party Websites
Links to third-party websites are for convenience only and are governed by their own terms.
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Dispute Resolution for Learnfinity PRO
Dispute Resolution
If you encounter any issues, our Support Team is eager to assist in resolving them. For users in the United States or Canada, unresolved disputes may be addressed either in small claims court or through binding individual arbitration; claims cannot be brought in other courts nor as part of a class action against Learnfinity Entities. This section applies exclusively to users in the United States or Canada. We encourage contacting our Support Team before initiating formal legal proceedings.
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Dispute Resolution Overview
Learnfinity Entities is dedicated to resolving disputes amicably, avoiding formal legal actions where possible. If a dispute arises, both parties - you and Learnfinity - agree to engage earnestly in an informal dispute resolution process as described below. This agreement restricts dispute resolution to either small claims court or binding individual arbitration.
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Mandatory Informal Dispute Resolution Process
Prior to formal legal action, both parties should engage in our informal dispute resolution. This involves the aggrieved party sending a brief written statement (Claim Statement) detailing the nature of the dispute and a proposed resolution. This statement should be sent to Learnfinity via email at contact@learnfinity.com or by certified mail. If the dispute cannot be resolved informally within 60 days, either party may proceed with formal claims in small claims court or individual arbitration.
Small Claims
Disputes unresolved through informal means may be brought to small claims court in either Miami, Florida, your county of residence, or another mutually agreed location. This waives the right to bring disputes in any courts other than small claims court.
Arbitration
As an alternative to small claims court, disputes may be settled through individual arbitration. The arbitrator can grant individual relief in line with the court system. Either party can request court intervention to enforce arbitration. For any cause of action or claim that cannot be arbitrated, both parties agree to pause court proceedings pending arbitration resolution.
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General Arbitration Rules
Arbitration will follow specific rules based on whether it is an individual claim or part of a Mass Arbitration. In either scenario, the arbitration will be conducted according to these rules and the American Arbitration Association (AAA) guidelines. The claiming party initiates arbitration by filing with the AAA.
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Mass Arbitration Rules
In a Mass Arbitration scenario, special rules apply. This involves a bellwether procedure and a mandatory mediation process for dispute resolution. If unresolved, individual claimants may pursue disputes in small claims court or with FairClaims, Inc.
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Fees and Costs
Each party bears its own costs, but either party may recover fees and costs as permitted by law. Parties may be awarded attorneys’ fees in cases of bad faith or frivolous arbitration.
No Class Actions
Except in the case of Mass Arbitration, claims must be brought individually, and class actions are not permitted.
Changes
Learnfinity Entities reserves the right to modify these terms, providing notice for significant changes.
Improperly Commenced Arbitration
Parties may seek court orders to prevent improperly commenced arbitration.
Updating These Terms
Learnfinity Entities may update these terms to reflect changes in practices or services. Changes will be communicated via email or through our Services.
How to Contact Us
For inquiries, reach out to our Support Team at contact@learnfinity.com.
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Controlling Law
These terms are governed by Florida law, except where local consumer laws apply.
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Miscellaneous Legal Terms
- These terms constitute the entire agreement between you and Exitou, Inc.
- Waivers, severability, and assignment clauses apply.
- We may modify these terms as necessary, with notice for significant changes.
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Supplemental Notice for Specific Regions
- California: Refer to CCPA for additional rights.
- Virginia: Rights under the Consumer Data Protection Act apply.
- Nevada: Rights under Nevada Privacy Law apply.
- EEA Users: Processing of data is in line with GDPR.
By using Learnfinity PRO, you agree to these Terms of Service and our Privacy Policy. For questions, contact us at contact@learnfinity.com.