Terms & Conditions

Preamble

Welcome to Educato, a service offered by Educato Inc. ("us", "we", "our"), in collaboration with our partners for certain exams ("Partners"). To provide our Services (as defined below) through our website https://educato.ai, mobile applications, and external online presences, including our social media profiles (collectively referred to as "Online Services"), we require your explicit agreement to our Terms of Service ("Terms"). These Terms govern the contractual relationship between you, the user, and Educato Inc., the entity responsible for the Online Services (hereinafter also referred to as "Provider", "Educato", "our", "we", or "us"). By registering, installing, accessing, or using our Online Services, you are agreeing to these Terms.

The terms used are not gender-specific.

Last Update: August 23rd, 2024

Controller

Educato Inc.
144 West Street
Unit 501
Brooklyn, NY 11222
United States

Authorised Representatives:
Codrut Lemeni
Pierre-Louis Monnot
Felix Gabler

Email Address: privacy@educato.ai

Imprint: https://educato.ai/imprint
Privacy Policy: https://educato.ai/privacy

Our Services

The core of our Terms revolves around the provision of comprehensive online services aimed at enhancing the study experience for students preparing for various exams. Educato offers the following features to its users, which may vary depending on the specific exam:

Users can register and create a personalized user account.
Users can access high-quality structured lessons, presented in an organized and user-friendly format.
Users can utilize a wide range of flashcards for efficient study.
Users can answer multiple-choice and essay questions designed to mirror exam conditions.
Users can create custom tests to focus on specific areas of study.
Users can practice with previous exams.
Users can participate in exam simulations with rankings to gauge readiness for actual exams.
Users can track and analyze study progress and performance across various categories.
Users can receive personalized content recommendations and AI tutor sessions based on progress and performance.
Users can connect in study groups and share their progress with others.

Privacy And Security Principles: From the inception of our Services, we have been committed to embedding our online services with foundational privacy and security principles.

Ways To Improve Our Services: We continually assess user interaction with our Online Services to enhance all facets of the services we offer. To achieve this, we not only leverage the information within our ecosystem but also collaborate with partners and service providers, including analytics tools (e.g., PostHog) and error tracking services (e.g., Sentry), to refine and evolve our offerings.

Safety And Security: Ensuring the safety and security of our Services and its users is paramount. We are dedicated to managing and mitigating abusive behavior and activities that breach our Terms. Misuse of our services, harmful conduct towards others, and any violations of our Terms and policies are strictly prohibited. We are committed to taking decisive action against such violations, which may include removal of content, suspension of accounts, or engagement with law enforcement agencies where necessary.

Enabling Global Access To Our Services: To provide our Services effectively worldwide, we utilize data centers and systems across the globe, potentially outside your country of residence. These facilities ensure that our content and information are readily available wherever our users are, and may be managed by our service partners or affiliated entities.

Automatic Deletion of Inactive Accounts: We aim to maintain a dynamic and engaged user base to optimize the relevance and efficiency of our services. An account is deemed active based on interactions such as signing in and using the app while connected to the internet. Accounts that do not exhibit any activity for a continuous period of one year will be considered inactive and are subject to automatic deletion. This measure is part of our commitment to enhancing service performance and managing user data responsibly. Users approaching this inactivity threshold will receive notifications within the app, and those with registered email addresses will be alerted via email.

Devices And Software: Access to our Online Services requires certain devices, software, and data connections, which are not provided by us. By using our Online Services, you agree to download and install updates to our service, either manually or automatically, as they become available. Furthermore, you consent to receiving essential service notifications from our Online Services as necessary to continue providing our services to you.

Fees And Taxes: You bear the responsibility for any carrier data plans, Internet service fees, and other charges incurred from using our services, along with any applicable taxes. It's important to be aware of your local data and connectivity costs that apply when accessing our Online Services.

Permission to Use Essays, Answers and Other Materials: By submitting essays, answers, or other materials on Educato, you automatically grant us and our Partners, their successors, assigns, and legal representatives, (1) all rights, title, and interest in the intellectual property rights, including all common law rights, in and to the submitted materials, and (2) an irrevocable, perpetual, royalty-free, transferable, and worldwide right and license to use, copy, modify, adapt, publish, translate, create derivative works from, and sell and distribute any submitted materials or incorporate such materials into any form, medium, or technology without compensation to you. In addition, you warrant that all so-called moral rights in those materials have been waived. None of the submitted materials shall be subject to any obligation of confidence on our part or our Partners' part. We and our Partners will not include information in the materials that allows for individual identification unless you give specific permission to use your name. You represent and warrant that the submitted materials do not violate or infringe upon the rights of third parties, and that no rights or licenses of any kind respecting the submitted materials have been granted to any other person or entity. You also acknowledge that we and our Partners will have the right to use or not to use the submitted materials or any portion thereof for any purpose without attribution as to source. no rights or licenses of any kind respecting the submitted materials have been granted to any other person or entity. You also acknowledge that we and our partners will have the right to use or not to use the submitted materials or any portion thereof for any purpose without attribution as to source.

In-App Purchases and Subscriptions

We offer various functional enhancements and additional services ("Paid Services") through in-app purchases, which may become available either via Stripe or through the respective app store's in-app purchase functionality upon the release of our mobile application. The details, including prices and functionalities of these in-app purchases, will be clearly presented within our Online Services. The general Terms of Service, along with any specific terms relevant to the purchase, which will be appropriately communicated prior to the transaction, apply to all in-app purchases and to the enhanced functionality of our Online Services post-purchase.

Trial Use: We may provide our users with the opportunity to access certain Paid Services on a trial basis, free of charge or at a reduced rate, for a limited period defined at our sole discretion ("Trial Use"). The scope and features available during Trial Use are subject to change, limitation, or discontinuation by us at any time without prior notice. Furthermore, we reserve the right to terminate any Trial Use immediately at our discretion. It's important to note that Trial Use is intended for evaluative purposes only and may not reflect the full capabilities or future availability of Paid Services. Decisions to purchase Paid Services should not solely rely on the features experienced during Trial Use. Unless otherwise specified, Trial Use may seamlessly transition into a regular, paid subscription upon its conclusion, subject to the terms agreed upon during the initial order.

Privacy Policy And User Data

We care deeply about your privacy. Our Privacy Policy outlines our practices regarding the collection, use, and sharing of your information, emphasizing your rights concerning the processing of this information. This includes our commitment to maintaining the confidentiality and security of your personal data and extends to our management of user accounts. In accordance with our policy on efficient data management and privacy protection, we have provisions for the automatic deletion of inactive accounts, as detailed in the 'Automatic Deletion of Inactive Accounts' section under 'Our Services'. This ensures that your data is handled responsibly, aligning with legal requirements and our dedication to user privacy. The Privacy Policy also details the legal bases for our processing of personal information, including its collection, use, processing, and sharing, as well as the transfer and processing of such information in the United States and other countries globally, where our facilities, service providers, affiliated companies, or partners are located.

Acceptable Use Of Our Services

Our Terms And Policies: You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you must not create another account without our permission.

Legal And Acceptable Use: You must access and use our Services only for lawful, authorized, and acceptable purposes. You agree not to use, or assist others in using, our Services in any manner that: (a) violates, misappropriates, or infringes the rights of Educato Inc., our Partners, our users, or others, including but not limited to privacy, publicity, intellectual property, or other proprietary rights; (b) is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigates or encourages conduct that would be illegal or otherwise inappropriate, including but not limited to promoting violent crimes; (c) involves publishing falsehoods, misrepresentations, or misleading statements; (d) impersonates any person or entity, or otherwise misrepresents your affiliation with a person or entity; or (e) involves any non-personal use of our Services unless expressly authorized by us in writing.

Harm To Educato Inc., Partners, Or Our Users: You must not, nor assist others to, directly or indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Online Services in any impermissible or unauthorized manner, or in any way that burdens, impairs, or harms us, our Partners, our Online Services, systems, our users, or others. This includes, but is not limited to, the following prohibited actions: (a) reverse engineering, altering, modifying, creating derivative works from, decompiling, or extracting code from our Services; (b) sending, storing, or transmitting viruses or other harmful computer code through or onto our Services; (c) gaining or attempting to gain unauthorized access to our Services or systems; (d) interfering with or disrupting the safety, security, or performance of our Services; (e) creating accounts for our Services through unauthorized or automated means; (f) collecting information of or about our users in any impermissible or unauthorized manner; (g) selling, reselling, renting, or charging for our Services in an unauthorized manner.

Registration and Account Information: Where applicable, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration process. You are responsible for maintaining and promptly updating this information to keep it accurate and up-to-date. If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of our Services.

Account Security: You are responsible for maintaining the confidentiality of your password and account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot be held liable for any loss or damage arising from your failure to comply with these security obligations.

Content Usage: You may not distribute or make available copies of questions, materials, or content provided to you through our Services to others, whether for payment or not, without our express written permission.

Third-Party Services

Our Services may allow you to access, use, or interact with third-party websites, applications, content, and other products and services ("Third-Party Services"). For example, you may choose to interact with a share button in our Online Services that enables you to send information through or to a Third-Party Service. Please note that these Terms and our Privacy Policy apply only to the use of our Services. When you access or use Third-Party Services, you do so at your own risk, and their own terms and privacy policies will govern your use of those services.

We do not endorse, and we are not responsible or liable for, any aspect of Third-Party Services, including their content, accuracy, privacy practices, or any other policies or practices. We make no representations or warranties regarding the quality, safety, or suitability of any Third-Party Services. You acknowledge and agree that we and our Partners shall not be liable for any damages or losses, directly or indirectly, arising from your use of or reliance on any Third-Party Services.

It is your responsibility to review the terms and policies of any Third-Party Services before using them. If you have any concerns or questions about these Third-Party Services, you should contact the third party directly.

Disclaimers

Intellectual Property: The content and works provided on our Online Services, including but not limited to text, graphics, logos, images, and software (including but not limited to the HTML code used to generate the pages on the website), are protected under applicable intellectual property laws, including U.S. and international copyright laws. Reproduction, modification, distribution, or any form of exploitation outside the bounds of these laws requires the express written consent of the respective rights holder. Downloads and copies from our Online Services are permitted for private, non-commercial use only. Please note that some content on our Online Services may be generated by artificial intelligence or sourced from public domains, and as such, may not be subject to copyright protection. Additionally, content provided by our Partners is protected by their respective intellectual property rights and is identified as such. All other copyrights, trademarks, and other intellectual property rights referred to in our Online Services belong to their respective owners. If you become aware of any intellectual property infringement, please inform us immediately. Upon becoming aware of any legal violations, we will take prompt action to remove the infringing content. This disclaimer also extends to our Partners.

Content Accuracy: We strive to ensure that the content on our Online Services, provided by Educato Inc. and our Partners, is accurate and up to date. However, we do not warrant or guarantee the completeness, accuracy, or timeliness of the content. As a service provider, we are not obligated to monitor third-party information transmitted or stored on our Online Services or to investigate circumstances that indicate illegal activities. Nevertheless, obligations to remove or block the use of information under applicable laws remain unaffected.

Service Reliability: We strive to deliver our services with due care and to ensure a secure, error-free environment. However, we do not warrant or guarantee that our services will be uninterrupted, timely, secure, or error-free. The use of our Services is at your own risk. To the fullest extent permitted by applicable law, we and our Partners disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Our Services are provided on an "AS IS" and "AS AVAILABLE" basis.

Limitation of Liability

To the fullest extent permitted by applicable law, you expressly understand and agree that Educato Inc. and our Partners shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Educato Inc. or our Partners have been advised of the possibility of such damages), resulting from:

Your access to, use of, or inability to use our Services;
The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into through our Services;
Unauthorized access to or alteration of your transmissions or data;
Any conduct or content of any third party on our Services;
Any content obtained from our Services;
Any other matter relating to our Services.

This limitation of liability applies regardless of the theory of liability, whether based on contract, tort, negligence, strict liability, or any other legal theory, and whether or not Educato Inc. or our Partners have been advised of the possibility of such damages.

We and our Partners shall not be liable for any infringement of intellectual property rights or any harm, loss, or damage resulting from the use of content on our Online Services. Upon becoming aware of any legal violations, we will take prompt action to remove the infringing content.

Exclusions and Limitations

Time Limit for Claims: No arbitration or other claim under this Agreement may be brought by you against Educato Inc. more than one (1) year after the cause of action arises.

Jurisdictional Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Legal Protections: Your rights with respect to Educato and our Partners are not modified by the foregoing limitation if the laws of your country of residence, applicable as a result of your use of our services, do not permit it. If you are a resident of the United States, you expressly waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Availability And Termination Of Our Services

Availability Of Our Services: We are continuously working to enhance and improve our Services. As a result, we may add or remove Services, features, functionalities, and support for certain devices and platforms at our discretion. Our Services may be subject to interruptions for maintenance, repairs, upgrades, or due to network or equipment failures. We reserve the right to discontinue some or all of our Services, including specific features and support for certain devices and platforms, at any time, with a notice period of 30 days where feasible. Events beyond our control, such as natural disasters and other force majeure events, may also impact the availability of our Services. We and our Partners shall not be liable for any interruptions, modifications, or discontinuation of our Services.

Termination: Although we hope you remain a user of Educato, you can terminate your relationship with us anytime for any reason by deleting your account. For instructions on how to do so, please refer to our account deletion guide.

In addition to the reasons for termination mentioned above, please be aware that accounts showing no activity for a period of one year are subject to automatic termination. This is part of our commitment to efficient data management and user privacy. Affected users will be notified in advance via email and, where applicable, via push notifications. For more details, please refer to the 'Automatic Deletion of Inactive Accounts' section under 'Our Services'.

We reserve the right to modify, suspend, or terminate your access to or use of our Services at any time, with or without notice, for any reason, including but not limited to suspicious or unlawful conduct, fraud, or if we reasonably believe you have violated our Terms or created harm, risk, or potential legal exposure for us, our users, our Partners, or others. The following provisions will survive any termination of your relationship with us: "Disclaimers," "Availability and Termination of our Services," and "Other." If you believe your account's termination or suspension was in error, please contact us at support@educato.ai.

Other

Amendments to Terms: We may amend or update these Terms. Unless otherwise required by law, we will provide you at least 30 days' notice of amendments to our Terms, which will give you the opportunity to review the revised Terms before continuing to use our Services. We encourage you to periodically review our Terms to stay informed about our practices and your rights as a user. We will also update the "Last Update" date at the top of our Terms. Changes to these Terms shall become effective no sooner than 30 days after we provide notice of planned changes. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of our Services or for changes made for legal reasons, both of which will become effective immediately. Your continued use of our Services following the notice period of planned changes confirms your acceptance of our Terms, as amended. We hope you will continue using Educato, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.
Separate Terms and Conditions: We reserve the right to designate in the future that certain of our Services are governed by separate terms and conditions, which may require your separate consent. These separate terms and conditions will be provided to you for review and acceptance before you can access the relevant Services.
Jurisdictional Restrictions: Our Services are not intended for distribution to or use in any jurisdiction where such distribution or use would violate local laws or regulations, or would subject us or our Partners to any legal requirements within such jurisdiction. We reserve the right to restrict or limit access to our Services in any country or jurisdiction at our sole discretion.
Compliance with Law: Nothing in our Terms will prevent us or our Partners from complying with the law.
Non-Waiver: If we fail to enforce any of our Terms, it will not be considered a waiver of our rights or our Partners' rights.
Severability: If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms. The invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer or as a data subject, and our Terms are not intended to limit such legal rights that may not be waived by contract. These rights may also apply to our Partners.
Transfer of Rights: You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. Any attempted transfer without such consent will be null and void.
Amendment or Waiver: Any amendment to or waiver of our Terms requires our explicit written consent. You have the right to terminate your relationship with Educato Inc. at any time by deleting your account. Termination of your account does not relieve you of any obligations to pay any outstanding fees or charges, if applicable.
Feedback and Suggestions: We always appreciate your feedback or other suggestions about Educato and our Services. However, you understand that you have no obligation to provide feedback or suggestions, and that we and our Partners may use your feedback or suggestions without any obligation to compensate you for them.
Arbitration: Any controversy or dispute arising out of these Terms shall be settled by arbitration under the Rules of the American Arbitration Association ("the Rules") and not in Court. The Arbitration shall be held in San Francisco, California and the Arbitrator shall apply California Law without regard to conflict of laws principles in reaching a decision.
Electronic Records: A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Reservation of Rights: All rights not expressly granted herein are reserved.