Last Updated: January 21, 2025
TERMS AND AGREEMENT
WHEREAS, in the spirit of cooperative engagement, Schoolhouse Learning, Inc., a Delaware corporation ("Company"), parent of the Astral brand, providing an AI Tutor and Curriculum educational software subscription product, and you, the user ("Client"), enter into this agreement (the "Agreement") under the terms and conditions laid out below:
- Website Access: The Client is hereby granted conditional access to the Astral platform www.astraltutor.com ("Website"), subject to the acceptance of this Agreement. This access is a revocable privilege that may be withdrawn by the Company at its discretion, especially in the event of misuse such as deploying malware, bots, etc. The Website's content is copyrighted and requires the Company's explicit written permission for any form of reproduction.
- Confidentiality of Personal Information: The Client agrees to provide accurate personal information, including names, family details, contact information, etc. ("Confidential Information"), solely for internal use by the Company. Such information will not be disclosed to third parties without explicit consent from the Client, except as part of aggregate data collection tools like cookies, to enhance user experience on the Website.
- Right to Refuse Service: The Company retains the prerogative to refuse service at its discretion.
- Minor Use Policy: Minors are permitted to use the Website under the supervision of a parent or guardian only.
- Compliance with Rules: The Client agrees to abide by the Company's rules and policies as stated on the Website and as updated from time to time. These include guidelines on conduct, health and safety standards, and advertisement policies.
- Indemnity: Both parties commit to defend, indemnify, and hold each other harmless against any liabilities arising from negligence, misconduct, or failure to adhere to these terms, except where caused by the wilful default of the indemnified party. This includes any damages or injuries occurring on the Website's premises or through its use.
- Limitation of Liability: The Company is not liable for indirect, incidental, or consequential damages stemming from this Agreement or the use of the Website, nor for any errors or reliance on the Website's content.
- Force Majeure: Should uncontrollable events prevent the Company from fulfilling its obligations under this Agreement, such as natural disasters or government actions, performance is excused for the duration of the event, without constituting a breach of the Agreement.
- Non-Transferability: The Client cannot transfer or assign this Agreement or any rights herein without the Company's explicit consent. The Company, however, may transfer its rights under this Agreement.
- Legal Fees: In case of a dispute under this Agreement, the prevailing party is entitled to recover reasonable legal fees and costs, including non-taxable expenses.
- Governing Law and Jurisdiction: This Agreement is governed by the laws of Delaware. Disputes shall be resolved in the courts of Delaware, to which the Parties irrevocably consent.
- Jury Trial Waiver: Both parties waive their right to a jury trial for disputes arising under this Agreement, agreeing instead to bench trials or alternative dispute resolution methods in Delaware.
- Non-Waiver: Failure by either party to enforce any part of this Agreement does not waive the right to enforce the same or other parts in the future.
- Severability: If any section of this Agreement is held invalid, the rest remains in effect. Any invalid section will be modified to the extent necessary to be enforceable.
- Referral Program: The Company offers a referral program ("Referral Program") that allows Clients to earn rewards by referring new users to the Website. By participating in the Referral Program, Clients agree to the following terms:
- Eligibility: All active users of the Website with a valid account are eligible to participate in the Referral Program. The Company reserves the right to restrict participation based on account status, geographic location, or other factors at its sole discretion.
- How the Program Works: Eligible users will receive a unique referral code and referral link. When a new user signs up for the Website using a Client's referral link or code, a referral relationship is established between the referrer ("Referrer") and the new user ("Referred User").
- Reward Structure: Referrers will earn a reward of fifty dollars ($50.00 USD) in the form of a credit applied to their account balance ("Referral Reward") when a Referred User completes their first paid subscription to the Website. The Referral Reward will be automatically applied as a credit to the Referrer's account balance and will be used to offset charges on the Referrer's next billing cycle. Referral Rewards are non-transferable, non-refundable, and have no cash value except as applied to the Referrer's account balance.
- Reward Fulfillment: Referral Rewards will be credited to the Referrer's account balance within a reasonable time after the Referred User's first successful payment. The credit will be automatically applied to the Referrer's next billing cycle. Referrers are responsible for ensuring their payment method and account information are current to receive credits.
- Prohibited Activities: The following activities are strictly prohibited and may result in immediate termination from the Referral Program, forfeiture of all earned rewards, and account suspension or termination:
- Self-referrals or creating multiple accounts to refer yourself
- Using false or misleading information to obtain referrals
- Spamming, unsolicited bulk messaging, or any form of harassment to obtain referrals
- Using automated systems, bots, or scripts to generate referrals
- Purchasing referrals or engaging in any form of referral fraud
- Violating any applicable laws, regulations, or third-party terms of service in connection with the Referral Program
- Using referral links or codes in a manner that violates the Company's policies or this Agreement
- One Referral Per User: Each Referred User may only be associated with one Referrer. If a Referred User signs up using multiple referral links or codes, only the first referral relationship established will be recognized.
- Program Modifications and Termination: The Company reserves the right to modify, suspend, or terminate the Referral Program, or any aspect thereof, at any time and for any reason, with or without notice. The Company may change the reward amount, eligibility requirements, or program rules at its discretion. Modifications will be effective upon posting to the Website or as otherwise communicated to Clients.
- Reward Forfeiture: The Company reserves the right to withhold, revoke, or cancel any Referral Reward if: the Referrer or Referred User violates this Agreement or the Referral Program terms; the referral is determined to be fraudulent, abusive, or in violation of applicable laws; the Referred User's account is terminated or suspended; or the Company determines, in its sole discretion, that the referral was obtained through prohibited means.
- Tax Implications: Referrers are solely responsible for any tax obligations arising from Referral Rewards received. The Company may be required to report Referral Rewards to tax authorities in accordance with applicable laws. Referrers should consult with a tax professional regarding their specific tax obligations.
- No Guarantee: The Company makes no guarantees regarding the number of referrals a Client may obtain, the conversion rate of referrals to paid subscriptions, or the availability of Referral Rewards. The Referral Program is provided "as is" without warranties of any kind.
- Disputes: Any disputes regarding Referral Rewards, referral tracking, or the Referral Program must be reported to the Company within thirty (30) days of the disputed event. The Company's determination regarding referral eligibility, reward fulfillment, or program violations shall be final and binding.
- Headings and Entirety: Section headings are for convenience only. This Agreement constitutes the full understanding between the Company and Client, superseding all prior agreements regarding the Website use.
By continuing to use the Website, the Client acknowledges having read, understood, and agreed to these terms.