Terms of Service

1. The Service

1.1 Service Description

Olsen Bennett and Wright LLC is the owner and provider of a cloud-based homeschool management platform (the "Service") that allows parents and guardians to manage student records, academic years, curriculum, assignments, grades, and related educational data. Anything you post, upload, store, or otherwise provide through the Service is considered "User Content." You are solely responsible for all User Content you contribute.

You will not receive access to the underlying source code or software of the Service.

1.2 Subscription

Subject to this Agreement, you may purchase a subscription to access and use the Service. Subscriptions are available on a monthly or annual basis as described on our Pricing page. Use of the Service is permitted only for your own personal, non-commercial homeschool management purposes.

1.3 Company Ownership

The Company owns the Service and all related software, content, documentation, and technology (collectively, "Company Materials"), including all intellectual property rights therein. No rights are granted to you other than those expressly set forth in this Agreement.

1.4 Free Trial

We may offer a free trial period for new subscribers. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends.

2. Restrictions

2.1 Your Responsibilities

You are responsible for all activity that occurs under your account. You must keep your account credentials confidential and notify us immediately of any unauthorized use.

2.2 Use Restrictions

You agree that you will not, and will not allow any third party to:

• Modify, copy, or create derivative works based on the Service
• Reverse engineer, decompile, or attempt to discover the source code of the Service
• Sublicense, sell, resell, or commercially exploit the Service
• Remove any copyright, trademark, or proprietary notices from the Service
• Use the Service in violation of any applicable law or regulation
• Attempt to gain unauthorized access to, or interfere with, the Service or its infrastructure
• Use the Service to build a competing product or service
• Use the Service to store or transmit unlawful, harmful, or infringing content
• Use the Service or any API access to collect, scrape, or extract data for the purpose of training, fine-tuning, or otherwise developing any artificial intelligence, machine learning, or large language model system

2.3 Acceptable Use

The Service is intended for homeschool management by parents and guardians. You represent that all information you enter, including student data, is accurate and that you have the right to enter and process that information through the Service.

3. Payment Obligations

3.1 Fees

You will pay the subscription fees as described on the applicable pricing page at the time of purchase ("Fees"). All Fees are in U.S. dollars. Payment obligations are non-cancelable except as expressly provided in this Agreement.

3.2 Payment Processing

Payments are processed by Stripe, Inc. on our behalf. By subscribing, you authorize recurring charges to your payment method at the start of each billing period until you cancel. You are responsible for keeping your payment information current. Stripe's privacy policy governs its handling of your payment data.

3.3 Taxes

Fees do not include applicable taxes. You are responsible for all taxes, levies, or duties imposed by taxing authorities in connection with your purchase, excluding taxes on our income.

3.4 Billing Disputes

If you believe you have been billed incorrectly, you must contact us within 60 days of the billing date. We will review and respond with our determination. If we confirm an error, we will issue a credit or refund.

4. Term and Termination

4.1 Agreement Term

This Agreement is effective when you create an account and continues until terminated. Your subscription renews automatically at the end of each billing period unless you cancel before the renewal date.

4.2 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. We do not provide refunds for the remaining portion of a prepaid period except where required by applicable law.

4.3 Termination for Cause

Either party may terminate this Agreement upon written notice if the other party materially breaches this Agreement and fails to cure such breach within 30 days of receiving written notice. We may also immediately suspend or terminate your access if you violate Section 2.

4.4 Effect of Termination

Upon termination, your right to access and use the Service immediately ceases. Data handling upon account closure is governed by our Privacy Policy.

4.5 Survival

Sections on Company Ownership, Payment Obligations (for amounts owed prior to termination), Warranties and Disclaimers, Limitation of Liability, Data and Privacy, and General Terms survive termination.

5. Warranties and Disclaimers

5.1 Your Warranty

You represent and warrant that all User Content you submit complies with applicable laws and does not infringe the rights of any third party.

5.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, REVENUE, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7. Data and Privacy

7.1 Your Data

You own all User Content you submit to the Service. You grant the Company a limited, non-exclusive license to store, process, and display your User Content solely as necessary to provide the Service to you.

7.2 Privacy Policy

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into this Agreement by reference.

7.3 Data Processing Agreement

For customers with GDPR or similar obligations, a Data Processing Agreement is available at homeschoolmanager.com/dpa.

7.4 Service Data

We may collect and use aggregated, de-identified data about Service usage ("Service Data") to operate, improve, and promote the Service, provided that no such data identifies you or any student individually. Student educational records are expressly excluded from Service Data.

8. General Terms

8.1 Governing Law

This Agreement is governed by the laws of the State of Florida, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in St. Johns County, Florida, and you consent to personal jurisdiction in those courts.

8.2 Changes to this Agreement

We may modify this Agreement by posting the updated terms on our website and notifying you at least 30 days in advance. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated terms.

8.3 Entire Agreement

This Agreement, together with the Privacy Policy and any applicable DPA, constitutes the entire agreement between you and the Company regarding the Service and supersedes all prior agreements and understandings.

8.4 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

8.5 No Waiver

Failure to enforce any provision of this Agreement will not constitute a waiver of our right to enforce that provision in the future.

8.6 Assignment

You may not assign this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of our assets, with notice to you.

8.7 Contact

Questions about these Terms should be sent to:
Olsen Bennett and Wright LLC
Email: howdy@homeschoolmanager.com
135 Jenkins St, Ste 105B #185
Saint Augustine, FL 32086