Terms of Service

TERMS OF SERVICE

Last Modified: 10/13/2024

This Terms of Service Agreement (the “Agreement”) is a legally binding contract that shall govern our relationship with our users and others who may interact or interface with ArticuLearn LLC (“ArticuLearn,” the “Company,” “we,” “our,” or “us”) and our subsidiaries and affiliates, in association with the use of www.ArticuLearn.dev (the “Website”) and its Services, which shall be defined below. This Agreement specifically incorporates by reference, the entirety of our Privacy Policy, which can be found in the section below.

Assent & Acceptance

Please read this Agreement carefully before you start to use the Website. By using the Website, you represent and warrant that you have read and reviewed this Agreement and you accept and agree to be bound by it. If you do not agree to be bound by this Agreement, you must not access or use the Website or its Services. We only agree to provide use of the Website and its Services to you if you accept and agree to be bound and abide by this Agreement.

Definitions

Capitalized terms used herein and not otherwise defined shall have the following meanings:

“Parties”: The Parties to this Agreement are ArticuLearn, and you, as the “User” or “Member” of the Website. Hereinafter, the Parties will individually be referred to as "Party" and collectively as "Parties."
“Services”: Services means any service that we make available for use or sale on the Website.
“You,” “User,” and “Member”: Should you agree to this Agreement and continue your use of the Website, you will be referred to as either “you,” the “User,” the “Member” (if you have registered for any Services on the Website), or if any second-person pronouns are required and applicable, such pronouns as “your", "yours", etc.

ArticuLearn Services

Any and all visitors to the Website, despite whether they are registered or not, shall be deemed “Users” of the ArticuLearn Services, as described in this Agreement. Once an individual registers for the Services, through the process of creating an account, the User shall then be considered a “Member.” All Members are also Users.

The User and/or Member acknowledges and agrees that the Services provided and made available on and through the Website are the sole property of ArticuLearn.

At our sole and exclusive discretion, we may offer additional Services and/or products, or we may update, modify, or revise any current content and Services. If we do so, this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified, or revised Services unless otherwise stipulated. We hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at our discretion. You, as the end User and/or Member, acknowledge, accept, and agree that we shall not be held liable for any such updates, modifications, revisions, suspensions, price changes, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services immediately.

Geographic Restrictions

The owner of the Website is based in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Registration & Privacy

When you register, ArticuLearn may collect information such as your e-mail address, name, and language selection data. Once you register with ArticuLearn and sign into our Services, you are no longer anonymous to us.

As a Member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and other countries for storage, processing, or use by ArticuLearn and/or our subsidiaries and affiliates.

You can obtain further details about our collection, use, storage, and disclosure of data on our Privacy Policy (https://privacy.articulearnai.com)..

Account and Security

When you set up an account, you are the sole authorized User of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account.

You are also responsible for ensuring the continued accuracy of any information you may provide to us. Your registration information will allow you to use the Website and its Services. You must not share such information with any third-party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. E-mail notification will suffice to articulearnai@gmail.com You are exclusively responsible for your account, including for any act or omission of any User(s) that may access your account, if such act or omission, when undertaken by you, would be deemed a violation of this Agreement.

Providing false or inaccurate information, or using the Website or its Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement. We have the right to disable your account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

You hereby acknowledge and agree that ArticuLearn shall not be held liable for any loss and/or damage arising from any failure to comply with this Agreement.

Conduct

You agree not to make use of ArticuLearn’s Services for the purpose of:

Implying any endorsement by ArticuLearn;
Causing harm to minors in any manner whatsoever;
Impersonating any individual or entity, including, but not limited to, any Company officials, forum leaders, guides, or hosts, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other Users' ability to participate in any real-time interactions;
Interfering with or disrupting any ArticuLearn Services, servers, and/or networks that may be connected or related to our Website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
Intentionally or unintentionally violating any local, state, federal, national, or international law
Providing informational support or resources, concealing, and/or disguising the character, location, and/or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act; or
Collecting or storing of any personal data relating to any other Member or User in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

ArticuLearn reserves the right to pre-screen, refuse, and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate this Agreement or which would otherwise be considered offensive to other Users and/or Members.

ArticuLearn reserves the right to access, preserve, and/or disclose Member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

Compliance with any legal process;
Enforcement of this Agreement;
Responding to any intellectual property claim by any other User, Member, or third-party;
Responding to requests for customer service; or
Protecting the rights, property, or the personal safety of ArticuLearn, its Users, and Members, including the general public.

ArticuLearn reserves the right to include the use of security components that may permit digital information or material to be protected. Such use of information and/or material is subject to usage guidelines and regulations established by ArticuLearn or any other content providers supplying content services to ArticuLearn. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

Indemnification

You hereby agree to indemnify and hold ArticuLearn, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors harmless against any and all claims or demands, including reasonable attorneys’ fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions or the conduct or actions of any other ArticuLearn User. You agree that ArticuLearn shall be able to select its own legal counsel and may participate in its own defense, if ArticuLearn wishes.

Commercial Reuse

You hereby agree not to replicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial reason any part, use of, or access to ArticuLearn’s site.

Use and Storage

You hereby acknowledge that ArticuLearn may set up any such practices and/or limits regarding the use of our Services. You also hereby acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, ArticuLearn shall reserve the right to modify, alter, and/or update these general practices and limits at our sole and exclusive discretion.

License

We may provide you with certain information as a result of your use of the Website and its Services. Such information may include, but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the Website or its Services (the “Materials"). Subject to this Agreement, we grant you a personal, non-exclusive, limited, non-transferable, and revocable worldwide and royalty-free license to use the Materials solely in connection with your use of the Website and its Services (“License”). Through this License, you may temporarily download one copy of the relevant, downloadable Materials (information or software) on ArticuLearn's Website for personal, non-commercial transitory viewing only.

You may not:

Modify or copy the Materials;
Use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
Attempt to decompile or reverse engineer any software contained on ArticuLearn's Website or apps;
Remove any copyright or other proprietary notations from the Materials;
Transfer the Materials to another person or "mirror" the Materials on any other server;
Scan or probe the underlying structure of ArticuLearn;
Violate the security of the Website or its Services through any unauthorized access, circumvention of encryption, or any other security tools, data mining, or interference to any host, User, or network;
Use bots, web crawlers, or any similar devices or online tools to access or index data from the Website;
Attempt to disrupt the experience of other Users on the Website in any way; or
Disseminate any virus or other bad code which could harm ArticuLearn, the Website, or its Services or any device of any User.

This License shall automatically terminate if you violate any of these restrictions and may be terminated by ArticuLearn at any time. This License also terminates upon your cessation of use of the Website or its Services or otherwise at the termination of this Agreement.

Upon terminating your viewing of these Materials or upon the termination of this License, you must destroy any downloaded Materials in your possession whether in electronic or printed format.

Limitations

To the fullest extent permissible by law, ArticuLearn, including any employees, affiliates, service providers, contractors, or agents, shall not be liable for any damages that may occur to you as a result of your use of the Website or its Services, even if ArticuLearn or a representative has been notified in any manner of the possibility of any such damage.

Some or all of the limitations provided in this section may not be applicable to you, depending upon your jurisdiction.

Accuracy of Materials

The materials appearing on the Website could include technical, typographical, or photographic errors. ArticuLearn does not warrant that any of the materials on its Website or apps are accurate, complete, or current. ArticuLearn may make changes to the materials contained on its Website or apps at any time without notice. However, ArticuLearn does not make any commitment to update the materials.

Links

Either ArticuLearn or any third-parties may provide links to other websites and/or resources on ArticuLearn’s Website or through any of the Services. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such external links, third-party sites, or other resources. Furthermore, you acknowledge and agree that ArticuLearn shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused, or allegedly caused by or in connection with the use of, or the reliance on, any such content, goods, or services made available on or through any such external link, third-party site, or other resource.

Advertisers

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty, and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you agree that ArticuLearn shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on ArticuLearn’s Website.

Modifications to the Terms of Service

ArticuLearn may revise this Agreement from time to time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of this revised Agreement means that you accept and agree to the changes. It is your responsibility to periodically check this page for any such modification, revision, or amendment, as they are binding on you.

Downtime

ArticuLearn may need to interrupt your access to the Website and any Service to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website or its Services may be affected by unanticipated or unscheduled downtime, for any reason, and that ArticuLearn shall have no liability for any damage or loss caused as a result of such downtime.

Proprietary Rights

You hereby acknowledge and agree that ArticuLearn's Services and any essential software that may be used in connection with our Services (“Software”) contains proprietary and confidential material that is protected by federal intellectual property rights and other applicable laws. Such material may be copyrighted or patented. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, and/or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by ArticuLearn or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or create any plagiaristic works which are based on or derived from ArticuLearn Services (e.g. any content or Software), in whole or part.

ArticuLearn has granted you personal, non-transferable, and non-exclusive rights, and/or a license to make use of the object code or our Software, as long as you do not, and shall not, allow any third-party to duplicate, alter, modify, create, or plagiarize work from, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in, and/or otherwise transfer any such right in the Software. Furthermore, you agree not to alter or change the Software in any manner, nature, or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by ArticuLearn for use in accessing our Services.

Termination

As a Member of ArticuLearn, you may cancel or terminate access to our Services via the ArticuLearn Website at any time.

As a Member, you agree that ArticuLearn may, without any prior notice, immediately suspend, terminate, discontinue, and/or limit your account, any e-mail associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to:

Any breach or violation of this Agreement or any other incorporated agreement, regulation, and/or guideline;
By way of requests from law enforcement or any other governmental agencies;
The discontinuance, alteration, and/or material modification to our Services, or any part thereof;
Unexpected technical or security issues and/or problems;
Any extended periods of inactivity;
Any engagement by you in any fraudulent or illegal activities; and/or
The nonpayment of any associated fees that may be owed by you in connection with your ArticuLearn account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third-party with regard to the termination of your account, associated e-mail address, and/or access to any of our Services.

The termination of your account with ArticuLearn shall include any and/or all of the following:

The removal of any access to all or part of the Services offered within ArticuLearn’s Website;
The deletion of your account login and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
The barring of any further use of all or part of our Services.

If your account is terminated by us, you will not be entitled to any refund of any monies spent on ArticuLearn’s Website. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

Warranty Disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

THE USE OF ARTICULEARN SERVICES AND SOFTWARE ARE AT YOUR OWN RISK. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. ARTICULEARN AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
ARTICULEARN AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) ArticuLearn SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ARTICULEARN SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ArticuLearn SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION, OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED;
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF ARTICULEARN SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL; AND
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM ArticuLearn OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT ARTICULEARN AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

THE USE OR INABILITY TO USE OUR SERVICES;
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
STATEMENTS OR CONDUCT OF ANY SUCH THIRD-PARTY ON OUR SERVICES; AND
ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICES.

Exclusions and Limitations

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Release

In the event you have a dispute, you agree to release ArticuLearn (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third-parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Third-parties

You herein acknowledge, understand, and agree that unless otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

Notice

ArticuLearn may provide you with notices, including those with regard to any changes to this Agreement, through the following mediums, the list of which should be considered nonexhaustive: E-mail, regular mail, MMS or SMS, text messaging, postings on our Website or app, or other reasonable means currently known or which may be hereinafter developed. Any such notices may not be received if you violate any aspects of this Agreement by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

Trademark

You herein acknowledge, understand, and agree that all of the ArticuLearn trademarks, copyright, trade name, service marks, and other ArticuLearn logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of ArticuLearn. You herein agree not to display and/or use in any manner the ArticuLearn logo or marks without obtaining ArticuLearn's prior written consent.

Entire Agreement

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of ArticuLearn’s Website or any of the Services thereon. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of ArticuLearn’s Website and its Services. You may also be subject to additional terms and conditions when you use or purchase certain other ArticuLearn Services, affiliate Services, third-party content, or third-party software.

Arbitration

In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration, under the Consumer Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Boston, Massachusetts. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of the Commonwealth of Massachusetts. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: Contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by ArticuLearn will not be subject to arbitration and may, as an exception to this section, be litigated. The Parties, in agreement with this section of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims (i.e., you hereby understand and agree that you are giving up your right to a jury trial or other litigation to assert any claims against ArticuLearn). Through this Agreement, you are also relinquishing any right to be engaged in a class action or other group proceeding against ArticuLearn.

Governing Law

Through your use of ArticuLearn’s Website or the Services, you agree that the laws of the Commonwealth of Massachusetts shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and ArticuLearn, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of Boston, Massachusetts. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

Waiver and Severability of Terms

In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any provision of this Agreement will not constitute a waiver of any other provision of this Agreement. If any provision of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining provisions will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

No Right of Survivorship and Non-Transferability

You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Claim Limitation

You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or this Agreement must be filed within one year after said claim or cause of action arose or shall be forever barred.

General Provisions

LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
HEADINGS FOR CONVENIENCE ONLY: Headings of the provisions under this Agreement are for convenience and organization purposes only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third-parties.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please e-mail us at the following address: articulearnai@gmail.com

Violations

Please report any violations of these terms to ArticuLearn at articulearnai@gmail.com