ByteLearn Terms of Service

Updated February 23, 2023

Thank you for your interest in using the online services operated by ByteLearn ("ByteLearn", "we" or "us"). These Terms of Service ("Terms" or "Agreement") govern your use of ByteLearn's online services (the "Services"). Please continue reading to learn about the terms by which you may use our Services.

These Terms apply to all schools, school districts, or teachers (collectively referred to as "Schools") as well as students and parents, who use the Services; (collectively along with "Schools" referred to as “Users” or “you”).

By accessing or using the Services, creating an account, or by otherwise affirmatively stating your desire to use the Services, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the ByteLearn Privacy Policy, otherwise you may not use the Services. Because our Services change relatively often, the terms in this Agreement and our Privacy Policy may change too. Upon making changes, we will update the “Effective Date” found at the top of this page. Your continued use of the Services after any changes constitutes your acceptance of the new terms.

ByteLearn's Service

ByteLearn is an online math practice and learning site. Teachers will create student accounts, or students will register with a teacher code and complete assignments made by their teacher.

As long as you are complying with all of the terms and conditions of this Agreement, ByteLearn gives you permission to access and use the Service. The Service is available for your personal, noncommercial use. We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. We may also stop providing Service to you, or add or create new limits to our Service or restrict your access to all or part of the Service at any time without notice or liability.

In particular, individual teacher licenses, paid or unpaid, are intended for single-teacher use, with exceptions in the case of support teachers. We reserve the right to reach out to end-users and/or revoke access in cases where it appears more than one teacher is using an account without our prior consent.

The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.

Personal Information and Student Data

The U.S. Children's Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. If you are a School providing the Service to children under 13 (whether in the U.S. or elsewhere), you represent and warrant that you have received consent from parents, or have the authority to provide consent on behalf of parents, for us to collect information from students before allowing children under 13 to access ByteLearn Services.

We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as ByteLearn. When ByteLearn is used by a School for an educational purpose, ByteLearn may collect or have access to Student Data that is provided by the School or by the Student. “Student Data” is personal information that is directly related to an identifiable Student and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g).

Confidentiality

ByteLearn agrees to treat Student Data as confidential and not to share it with third parties other than as described in these Terms, and in our Privacy Policy.

Student Data Access

You authorize ByteLearn to access or collect Student Data for the purpose of providing the Service. In the U.S., ByteLearn shall collect and process Student Data as a School Official with a legitimate educational interest pursuant to FERPA 34 CFR Part 99.31(a)(1).

Personal Information and Student Data Consents and Authority

If you are a School User, you represent and warrant that you have provided appropriate disclosures to your School and to parents regarding your sharing such Personal Information with ByteLearn. Both Parties agree to uphold their obligations under the Family Educational Rights and Privacy Act (“FERPA”), the Protection of Pupil Rights Amendment ("PPRA"), and the Children's Online Privacy and Protection Act (“COPPA”) and applicable State laws relating to student data privacy.

ByteLearn relies on each School to obtain and provide appropriate consent and disclosures, if necessary, for ByteLearn to collect any Student Data, including the collection of Student Data directly from students under 13, as permitted under COPPA. You agree to comply with these Terms and all laws and regulations governing the protection of personal information, including children's information, and the sharing of student education records.

Use of Student Data

Use of Anonymized Student Data

You agree that we may collect and use data derived from Student Data for our own purposes, such as for product development, research analytics, and marketing our Service, provided that such data will be de-identified and/or aggregated to reasonably avoid identification of a specific individual. ​

Use of Personal Information for Marketing

You agree that ByteLearn may provide information about new ByteLearn features and offerings to school or district administrative users and teachers from time to time, provided that such advertisements shall not be based on Student Data. For emphasis, and without limitation, ByteLearn shall never use Student Data to engage in targeted advertising, nor shall ByteLearn direct advertising to student users.

Third-Party Service Providers

You acknowledge and agree that ByteLearn may provide access to Student Data to our employees and service providers, which have a legitimate need to access such information in order to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such data.

Student Data Retention and Deletion Requests

ByteLearn retains Student Data, but for educational purposes only. Oftentimes students will want to refer back to their ByteLearn student accounts for college or other future courses. However, if a student does not utilize their account for a period of two years, their account and personally identifiable information will be deleted.

Additionally, Schools may request that we delete Student Data in our possession at any time by providing such a request in writing. We shall respond to the deletion request as soon as possible, but in most instances within 45 days, other than for data stored on backup tapes which shall be deleted in the ordinary course of business.

A Parent seeking to modify, correct, or delete personal information in a Student Account that is connected to an active School account will be instructed to contact the School to discuss data deletion or modification.

We are not required to delete data that has been derived from Student Data so long as it has been anonymized such that it does not reasonably identify an individual.

Use License

The Service and the ByteLearn Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with this Agreement. “ByteLearn Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including ByteLearn proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, graphs, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property.

ByteLearn Technology is protected by copyright and other intellectual property laws. You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the ByteLearn Technology for any purposes other than as expressly permitted under this Agreement.

You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any ByteLearn Technology. Using our Service does not give you ownership of any intellectual property rights in our Service or the ByteLearn Technology. You may not use content from our Services, unless you obtain permission from its owner or are otherwise permitted by law. Don't remove, obscure, or alter any copyright or other legal notices displayed in or along with our Services.

Privacy

Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy, which explains how we treat your personal information and protect your privacy when you use our Service. By using our Service, you agree that ByteLearn can use such data in accordance with our Privacy Policy.

Passwords and Security

You are responsible for maintaining the confidentiality of your ByteLearn password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify ByteLearn of any unauthorized use of your password or any other breach of security related to the ByteLearn Services. ByteLearn may require you to alter your password if we believe that your password is no longer secure.

Links

ByteLearn has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ByteLearn of the site. Use of any such linked website is at the user's own risk.

Modifications

ByteLearn may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Disclaimer and Limitations of Liability

You agree that use of the ByteLearn services is at your sole risk. The ByteLearn services are provided on an “as is” and “as available” basis. ByteLearn expressly disclaims all warranties of any kind, whether express or implied, with respect to the ByteLearn services, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. You acknowledge that access to data and materials available through the ByteLearn services is not guaranteed and that ByteLearn will not be responsible to you for any loss of data or materials caused by the ByteLearn services or their unavailability. You understand and agree that any data, materials, services and/or information downloaded or otherwise obtained through the use of the ByteLearn services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom.

Under no circumstances will ByteLearn or its officers, employees, directors, shareholders, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of the ByteLearn services.

If, notwithstanding these Terms, ByteLearn is found to be liable to you or any third party in connection with your use of the ByteLearn services, the total liability of ByteLearn and its officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred U.S. Dollars ($100).

Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that ByteLearn may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of ByteLearn's liability will be the minimum permitted under such applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless ByteLearn and its officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. ByteLearn reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ByteLearn's defense of such claim.

Termination

This Agreement shall remain in full force and effect while you use the Service. ByteLearn may suspend or terminate your access to the Service or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the loss of information associated with your account. Upon termination of your account, your right to use the Service will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Quotes, Payments, and Subscriptions

Quotes and Proposals

Any quotes or proposals provided by ByteLearn are valid only for a limited time and are effective only with the agreement of the relevant parties. Quotes and proposals may be withdrawn by ByteLearn at any time in its sole discretion.

Quotes and proposals may include information that is proprietary and confidential to ByteLearn and to the maximum extent permitted by law may not be disclosed to anyone other than their intended recipient. By requesting and/or accepting receipt of a quote or proposal from ByteLearn you agree to keep such quotes or proposals confidential, to not disclose such quotes or proposals to any third party, and to immediately return and/or destroy all quote and proposal materials upon receiving a request to do so from ByteLearn.

To the extent that public records laws may apply to a quote or proposal provided by ByteLearn, you agree to immediately notify ByteLearn of any public records request that may result in disclosure of an ByteLearn quote or proposal and provide ByteLearn all reasonable opportunities to take steps to prevent such disclosure to the maximum extent permitted by law and will reasonably cooperate with ByteLearn.

Refund Policy

This Money-back Policy (the “Refund Policy ”) applies to the purchases made on Bytelearn Website. Generally, the fees you have paid for the Services are non-refundable and/or non-exchangeable, unless otherwise is stated in this Refund Policy or required by applicable law. Note for the EU residents: If you are an EU resident, you have the right to withdraw from the agreement for the purchase of digital goods without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion, unless you provided consent to an immediate agreement performance. YOU HEREBY EXPRESSLY CONSENT AND ACKNOWLEDGE THAT THE PERFORMANCE OF THE AGREEMENT BEGINS IMMEDIATELY AND THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU. Therefore, if you cancel the purchase for any reason within 14 calendar days from the date of purchase, you will not be entitled to a refund. However, we decided to provide you an opportunity to receive a refund (the “Voluntary Refund”) if you meet the conditions set out below. You can contact us at support@bytelearn.ai to request a refund. We will review your application and notify you (by email) whether it is approved. If the application is approved, your refund will be processed, and a credit will be automatically applied to your credit card or original method of payment within 14 days from the date of application. A refund can usually be claimed only during the subscription period. If the subscription period has expired before you made a request for a refund, we will not be able to provide you with a refund. You can cancel the subscription from our website while you are still on your subscription and the amount won't be deducted from the next subscription cycle.

IMPORTANT STATEMENT
For the sake of clarity, this “Money-back guarantee” does not apply to any other instances, including, but not limited to, the following cases: we have proof of delivering all mails with products to your mailbox (according to your payments); This Refund Policy is incorporated into and is subject to the Terms and Conditions of Use unless otherwise provided herein.

Subscription Terms

Free trial
We may offer a free trial subscription for the service. Please note that if a trial is offered, this will be explicitly stated on the price screen before the checkout. From time to time, we may also propose discounted offers and other offers that may be interesting for you. Unless you cancel the subscription before the end of the trial, you will be automatically charged for the price you confirmed on the land page while signing up for a subscription for our service.

Subscription
The subscription renews automatically at the end of each period (each week or month or otherwise, depending on the option selected by you at the time of purchase) until you cancel. The subscription provides for 3 solutions a day during trial and as a paid user you get 20 solutions. These solutions do not carry forward.

Payment method
Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase (after you confirm by single-touch identification, facial recognition, or entering your payment method details on the web, or otherwise accepting subscription terms provided on the payment screen or on the pop-up screen provided by Apple/Google or on our web page) or after the end of the trial period. You authorize us to charge the applicable subscription fees to the payment method that you use.

Cancelation
Your subscription renews automatically at the end of each period until you cancel. To avoid being charged cancel your subscription in time sufficient to process your request before the end of the period. You may cancel your subscription via cancel subscription option available through our website. The mail of support team: support@bytelearn.ai.In order to cancel your subscription through support, you will have to send our support team a message with the request and then you have to answer all the following emails our support sent to you. Canceling your subscription means that the automatic renewal will be disabled, but you will still have access to all your materials you have already paid for.

Refunds
We provide refunds at our own discretion and subject to laws and our policies that may be published from time to time. Refund will be provided if we find the request acceptable. Please note that after your subscription period expires, we will not be able to refund you as the service will be deemed consumed in full, unless otherwise provided for by applicable law.

Changes
To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the app and/or by sending you an email notification, or in other prominent ways. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect. If you have any questions in relation to the subscription terms, please contact us directly at support@bytelearn.ai Please make a screenshot of this information for your reference. This may help you to control your subscriptions.

Payments

School accounts have the option to make payment by credit card, check, or other methods at ByteLearn's discretion (contact us for details). Payment must be received by ByteLearn no later than 30 days after ByteLearn issues an invoice. If ByteLearn does not receive payment within 30 days, the invoice is past due and ByteLearn reserves the right to suspend access to the affected school account(s) and take collection action. Suspension of an account does not relieve the account-holder of its obligation to pay for the account. ByteLearn reserves the right to charge a late fee in the amount of 1% per month or the maximum permitted by law and its reasonable attorney's fees in securing payment of past due amounts.

Cancellation

Except as set forth below or otherwise agreed by ByteLearn in a signed writing, accounts may not be canceled until the end of the current term of the account. Unless otherwise provided for herein, all cancellations requested before the end of the then-current term will be effective at the end of the current term.

ByteLearn permits early cancellations only in the following circumstances:

• in the event that the Service is permanently discontinued.
• ByteLearn otherwise permits early cancellations only to the extent required by applicable law. In the event of such an early cancellation, the parties agree that the account-holder is responsible for all amounts due and payable before the date of early cancellation without pro-ration or to the greatest extent permitted by law. The parties agree that ByteLearn's efforts in selling, provisioning and providing an account are front-loaded and for that reason, pro-ration of fees in the event of early cancellation is not necessary or appropriate.

End of Subscription

When an account subscription ends (e.g., at the end of the term if the account has not been renewed or has been canceled), the account no longer permits access to the subscription features of Service. However, ByteLearn may, at its sole discretion, permit continued, limited access for users of the Account for a limited time after the conclusion of the term.

The Service includes built-in capabilities to download and export information relating to the account. If an account-holder or any of its users wishes to save or maintain any data, it is the account-holder and its user's sole obligation to download such data before the conclusion of the term.

Once the term of an account ends, ByteLearn may delete data relating to an account in accordance with this Agreement and the Privacy Policy. It is the account-holder's sole responsibility to request renewal of accounts that do not automatically renew to maintain continued access to the account and its associated data.

Membership and Billing for Accounts with Automatic Renewal

This Section applies to accounts that have been created through the Service using a credit card and automatically renew.

You can find specific details regarding your membership with ByteLearn at any time. Sign in to your ByteLearn account, click on the account menu in the upper-right corner, and select Billing details.You may also contact ByteLearn with any questions that you may have by contacting us.

Billing and Automatic Renewals

Membership subscription renewal fees will be automatically charged to your card on file each subscription period (monthly or yearly) until you cancel.

By starting your ByteLearn membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the term of your membership (e.g., monthly or yearly) you chose during registration. Thereafter, we will automatically renew your subscription on each (monthly or yearly) anniversary of your subscription date, and as authorized by you by checking the box demonstrating your consent for automatic monthly/yearly renewals of your subscription during the sign-up process, we will charge your then-current payment method (or to a different payment method if you change your account information) associated with your account with the applicable then-current fee and any sales or similar taxes that may be imposed. Please note that prices and charges are subject to change with notice. As used in this Agreement, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method.

You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorize us to charge your Payment Method for such varying amounts. Payments are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from your Billing details page.

To access your Billing details page, sign in to your ByteLearn account, click on the account menu in the upper-right corner, and select Billing details. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

You must cancel your membership before it renews each billing period to avoid billing of the next membership fee to your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership.

Sign in to your ByteLearn account, click on the account menu in the upper-right corner, and select Billing details to see the commencement date for your next renewal period. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment.

Note: In the event your monthly membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31, your Payment Method would next be billed on February 28.

Cancellation of Automatic Renewals

You may cancel your ByteLearn membership at any time, and cancellation will be effective immediately. You will continue to have access to the program until the current billing period ends. We do not provide refunds or credits for any partially used membership periods. To cancel your membership, sign in to your ByteLearn account and click the words "Cancel membership" on your Membership details page. Follow the instructions for cancellation under the heading "Cancel Membership."

Price Changes

We reserve the right to adjust the pricing for our Service, including but not limited to membership subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes will take effect following posting or other notice to you (e.g., e-mail).

Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. ByteLearn shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ByteLearn's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

This Agreement is not assignable, transferable or sub-licensable by you except with ByteLearn's prior written consent. ByteLearn may transfer, assign or delegate this Agreement and its rights and obligations without restriction. This Agreement is governed by and construed in accordance with the laws of the State of Delaware without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in Sussex County, Delaware, and for all purposes of this Agreement, you and ByteLearn consent to the exclusive jurisdiction and venue of such courts.

Unless and solely to the extent that you or your Institution have a separate written agreement with ByteLearn that governs your use of the Service (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein.

This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind ByteLearn in any respect whatsoever.