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TERMS AND CONDITIONS
Welcome to ExoDexa!
ExoDexa Holdings Inc. (the “Company”), doing business as ExoDexa and our website at https://exodexa.com (the “Site”), as well as all related embeddable widgets, downloadable software, mobile applications, and other services provided by us and on which a link to these Terms and Conditions is displayed (collectively, together with the Site, our “Service”). These Terms and Conditions are a legally binding contract between you and ExoDexa regarding your use of the Service.
ExoDexa reserves the right to change the price of the services at any time. We will notify you by email, or other reasonable manner, at least 15 days before the price/subscription change. If you do not agree to the price change, you must cancel and stop using the services before the price change takes effect.
ExoDexa Service Overview
The Service is a cloud-based ultimate gamified learning platform that turns learners into passionate problem solvers. The platform includes an online learning game, live classes and group mentorship program designed for middle school and high school students.
The Service utilizes a proprietary technology to assess a learner’s strengths and weaknesses, algorithmically creates a personalized curriculum targeting that individual’s gaps in learning, along with engaging learners through gamified learning. The Service’s mission is to provide the most personalized and engaging learning experience to learners – while innovation may be at the heart of a society’s growth, education lies at the heart of innovation.
By agreeing to these Terms, you represent and warrant to us: (i) that you have not previously been suspended or removed from the Service; (ii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations; and (iii) that all registration information you submit is accurate and truthful.
2. 1 Suspensions
A learner can be suspended for the following reasons:
Being deliberately disobedient or disorderly,
Hurting or threatening to hurt someone with a dangerous weapon,
Violating ExoDexa’s code of conduct rules, or
Otherwise violating the Terms set out in this Agreement.
User Accounts and Registration
To access the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself and/or your child. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You or the individual supervising your use of the Service are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected].
All fees are in U.S. Dollars and refundable 14 days after purchase. The recurring fee for learners is charged monthly. By default, you will be charged to your valid credit card for the then-current billing period.
ExoDexa uses Stripe to handle the payment. We accept:
Visa, Mastercard, American Express, Discover, Diners Club and JCB payments. Google Pay and Apple Pay.
ExoDexa offers a monthly subscription plan with auto renewal. You hereby authorize us to charge your credit card for such service from the date you sign up and continuing until you terminate your account.
If you want to terminate your subscription, contact our customer support team by email ([email protected]) for instructions on how to cancel.
Suspension of Service
If we are unable to collect payment for an approved charge within the agreed terms, whether the form of payment is by credit card or by check or wire, access to an account may be suspended or the account may be terminated.
Subject to your complete and ongoing compliance with these Terms, ExoDexa grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service. In connection with your use of the Service, you will comply with all applicable laws, rules and regulations.
By using the service, you agree not to permit any authorized user to:
a. reproduce, distribute, publicly display, or publicly perform the Service;
b. make modifications to the Service;
c. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
d. harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
e. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
f. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
g. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
h. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
i. sell or otherwise transfer the access granted under these Terms or any materials or any right or ability to view, access, or use any materials; or attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 6.
Please visit ExoDexa Community Standards for more information at https://learn.exodexa.com/page/community-standards
Protection Against Unauthorized Use
You will prevent any unauthorized use of the Service and will immediately notify ExoDexa in writing of any unauthorized use of which you become aware. You will immediately terminate any unauthorized use by persons having access to the Service through you.
Ownership; IP Rights
The Service is owned and operated by ExoDexa. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by ExoDexa are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of ExoDexa or our third-party licensors. Except as expressly authorized by ExoDexa, you may not make use of the materials. ExoDexa reserves all rights to the materials not granted expressly in these Terms.
Third-Party Services and Linked Websites
The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content. ExoDexa is not responsible for the accuracy or reliability of third-party information and you assume sole responsibility for the use of third-party information.
Termination of Use; Discontinuation and Modification of the Service
Unless otherwise specified at the time of purchase, and subject to your payment of all applicable fees for the Service, these Terms are effective beginning when you accept the Terms or access, or use, the Service, and ending when terminated as described in this Section 11. If you violate any provision of these Terms, your permission to use the Service will terminate automatically and ExoDexa will not be obligated to refund any fees you have paid. Additionally, ExoDexa, in its sole discretion may suspend your access to the Service at any time, with or without notice, if we suspect a violation of any provision of these Terms. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without advance notice to you. ExoDexa will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination. Upon the termination of these Terms, ExoDexa will have no obligation to store, maintain or permit retrieval of any of your Data.
Modification of these Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. The “Last Updated” date at the top of this page indicates when these Terms and Conditions were last revised. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, you will be asked to accept such modified terms in order to continue to use the Service. Material modifications will be effective upon your acceptance of such modified Terms. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms at the time that either ExoDexa or you receive written notice of the dispute.
Except to the extent prohibited by applicable law, you are responsible for your use of the Service, and you will defend and indemnify ExoDexa and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “ExoDexa Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (i) your unauthorized use of, or misuse of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. EXODEXA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EXODEXA DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND EXODEXA DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR EXODEXA ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE EXODEXA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. EXODEXA DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHTS THAT EXODEXA IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EXODEXA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EXODEXA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE EXODEXA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO EXODEXA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $180. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Platform operation and content
ExoDexa does not warrant that the data, results, content, functions, or any other information offered on or through the platform or any of the other services or any third-party site will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
Except as specifically provided in writing by ExoDexa, the parties do not warrant or make any representations regarding the use or the results of ExoDexa or the use of any of the services or any third-party site in terms of correctness, accuracy, reliability, or otherwise.
Harm to your Mobile Devices
You understand and agree that you use, access, download, or otherwise obtain information, materials, assessments, results or data through the ExoDexa, the site or any of the other services or any third-party site at your own discretion and risk and that you will be solely responsible for any damage to your property (including your mobile devices) or loss of data that results from the download or use of such material or data.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
ExoDexa is based in the state of California in the United States. ExoDexa makes no claims that participating in the ExoDexa or accessing or using or that any of the other Services or any of the content is accessible or appropriate outside of the United States. Participating in the ExoDexa or accessing or using the Site or any of the other Services may not be legal by certain persons or in certain countries. If you access any of these ExoDexa Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ExoDexa with respect thereto.
Governing Law. Unless prohibited by applicable law: (a) these Terms shall be governed by the laws of the State of California without regard to conflict of law principles.
Questions about this agreement should be sent to us at [email protected]