Triple Nickel Education, LLC Terms of Service
Please read these terms carefully before using our service.
1. Introduction
Welcome to Triple Nickel Education! These Terms of Service (“ToS”) govern your access to and use of the Triple Nickel Education platform (“Service”), provided by Triple Nickel Education, LLC (“Company,” “we,” “us,” or “our”), a Delaware limited liability company. By using our Service, you agree to these ToS. If you do not agree to these ToS, do not use our Service.
2. Definitions
Service: Refers to the project-based educational platform and UGC (User-Generated Content) curriculum
User: Refers to any individual or entity using our Service, including but not limited to educators, students, and curriculum creators.
Content: Refers to any data, information, text, graphics, videos, curriculum, or other material uploaded, downloaded, or appearing on the Service.
Paid Version: Refers to the subscription-based version of the Service that provides additional features and content.
3. User Accounts
3.1 Account Creation
To access certain features of our Service, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Eligibility
Our platform complies with the Children’s Online Privacy Protection Act (COPPA) for users under 13, and verifiable parental consent is required before they can use the Service.
3.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4. Use of the Service
4.1 License
We grant you a limited, non-exclusive, non-transferable license to access and use the Service for educational purposes, subject to your compliance with these ToS.
4.2 Prohibited Activities
You agree not to: a) Use the Service for any unlawful purpose. b) Attempt to gain unauthorized access to the Service or its related systems or networks. c) Upload or distribute any harmful content such as viruses or malware. d) Infringe upon the intellectual property rights of others. e) Harass, bully, or intimidate other users.
4.3 Compliance with Laws
You agree to comply with all applicable laws and regulations when using the Service.
5. Free and Paid Versions
5.1 Free Version
Provides access to basic features of the Service.
5.2 Paid Version
Offers additional features and content for a monthly or yearly subscription fee.
5.3 Billing and Payment
All payments are processed through a third-party platform. By subscribing to the Paid Version, you agree to pay the fees associated with your chosen subscription plan. Subscription fees are billed in advance on a monthly or annual basis.
5.4 Subscription Terms and Cancellation
Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. You can cancel your subscription at any time through your account settings or by contacting our support team.
5.5 Refund Policy
Fees are non-refundable, except as required by law or explicitly stated otherwise. We may offer a free trial period for the Paid Version, which will convert to a paid subscription unless canceled before the trial ends.
6. Intellectual Property
6.1 Company IP
Triple Nickel Education, LLC retains all rights, title, and interest in the Service, including but not limited to the technology, platform, and processes that deliver value to users.
6.2 User-Generated Content
Users retain ownership of the curriculum and content they create and submit to the Service. However, by submitting content to the Service, users grant Triple Nickel Education, LLC a non-exclusive, worldwide, royalty-free license to use, distribute, modify, and display the content as necessary to operate and promote the Service. This license ends when you delete your content or account unless your content has been shared with others who have not deleted it.
6.3 Curriculum IP
While users own the curriculum content they create, the value derived from such content is in its delivery, demonstration, and evaluation through our platform. Users agree that the methods and technology provided by the Service are proprietary to Triple Nickel Education, LLC and essential to the value of their curriculum.
7. Privacy and Data Handling
7.1 Data Collection and Use
We collect and use your data as described in our Privacy Policy, which is incorporated by reference into these ToS. We retain minimal user data necessary for account creation, management, and Service improvement.
7.2 Data Protection
We implement appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage.
7.3 User Rights
You have the right to access, correct, or delete your personal data. To exercise these rights, please contact us at the email address provided in Section 13.
7.4 Third-Party Services
The Service may integrate with third-party services. These services may have their own terms and privacy policies, and you agree to comply with them. We are not responsible for the practices of these third-party services.
7.5 Compliance with Data Protection Laws
We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Union, the California Consumer Privacy Act (CCPA) for California residents, and COPPA for users under 13.
8. Content Moderation
8.1 Content Standards
All content submitted to the Service must comply with our content standards, which prohibit illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content.
8.2 Moderation Rights
We reserve the right to moderate, remove, or disable access to any content that violates these ToS or our content standards. We may also suspend or terminate user accounts for repeated violations.
8.3 Reporting Violations
Users can report content that violates our content standards through the reporting mechanisms provided within the Service.
9. Termination
9.1 Termination by User
You may terminate your account at any time by following the procedures outlined in the Service or by contacting our support team.
9.2 Termination by Company
We may suspend or terminate your account for violations of these ToS or other reasons at our discretion. We will provide notice of termination unless we believe your violations are serious or repeated.
9.3 Effect of Termination
Upon termination, your access to the Service will be revoked. We will retain your data for a reasonable period as required by law or for legitimate business purposes. You may request deletion of your data by contacting us.
10. Dispute Resolution
10.1 Governing Law
These ToS are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
10.2 Arbitration
Any disputes arising under these ToS will be resolved through binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Delaware, unless otherwise agreed by the parties.
10.3 Exceptions to Arbitration
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any state or federal court of competent jurisdiction in Delaware to protect its intellectual property rights.
10.4 Class Action Waiver
You agree to resolve any disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.
11. Limitation of Liability
11.1 Service Availability
The Service is provided “as is” and “as available” without any warranties, express or implied. We do not guarantee that the Service will be uninterrupted or error-free.
11.2 Limitation of Liability
To the maximum extent permitted by law, Triple Nickel Education, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any unauthorized access to or use of our servers; or (iii) any other matter relating to the Service.
11.3 Cap on Liability
In no event shall our total liability to you for all damages exceed the amount you have paid us in the past twelve months, or fifty dollars ($50) if you haven’t made any payments.
12. Indemnification
You agree to indemnify, defend, and hold harmless Triple Nickel Education, LLC, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these ToS.
13. Changes to ToS
We may modify these ToS from time to time. We will notify you of any material changes by posting the new ToS on this page and updating the “Last Updated” date. Your continued use of the Service after such changes constitutes your acceptance of the new ToS.
14. Miscellaneous
14.1 Severability
If any provision of these ToS is found to be unenforceable, the remaining provisions will remain in full force and effect.
14.2 Entire Agreement
These ToS, along with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Triple Nickel Education, LLC regarding the Service.
14.3 Force Majeure
We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, or government action.
14.4 Assignment
You may not assign or transfer these ToS without our prior written consent. We may assign our rights and obligations under these ToS without your consent.
14.5 Export Control
You agree to comply with all applicable export control laws and regulations in your use of the Service.
14.6 Accessibility
We strive to make our Service accessible to all users, including those with disabilities. If you encounter any accessibility issues, please contact us.
15. Contact Information
For support, inquiries, or legal notices, please contact us at:
Triple Nickel Education, LLC
Email: software@iterateedu.com