Terms of Service
Effective Date: March 20, 2026
1. Acceptance of Terms
BY ACCESSING, BROWSING, OR USING THE SERVICES (AS DEFINED BELOW) PROVIDED BY QUANTUM LEARNING MACHINES ("QLM," "WE," "US," OR "OUR"), INCLUDING BUT NOT LIMITED TO SAT MASTERY, ACT MASTERY, AP MASTERY, AND FOUNDATION MASTERY (COLLECTIVELY, THE "SERVICES"), WHETHER THROUGH A WEBSITE, APPLICATION, API, OR ANY OTHER MEANS, YOU ("USER," "YOU," OR "YOUR") ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE ("TERMS"). IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF AN ORGANIZATION, COMPANY, EDUCATIONAL INSTITUTION, OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND THE TERMS "YOU" AND "YOUR" SHALL REFER TO SUCH ENTITY.
These Terms incorporate by reference our Privacy Policy, which describes how we collect, use, and protect your information.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF AND ACCESS TO THE SERVICES. YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ONGOING ACCEPTANCE OF THESE TERMS.
2. Educational Content Disclaimer
ALL CONTENT, MATERIALS, ASSESSMENTS, DIAGNOSTICS, SCORE PREDICTIONS, STUDY PLANS, RECOMMENDATIONS, PRACTICE QUESTIONS, EXPLANATIONS, AND ANY OTHER INFORMATION PROVIDED THROUGH THE SERVICES (COLLECTIVELY, "CONTENT") ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES. THE CONTENT IS NOT AND SHALL NOT BE CONSTRUED AS PROFESSIONAL ACADEMIC ADVICE, TUTORING GUARANTEES, SCORE GUARANTEES, COLLEGE ADMISSIONS COUNSELING, CAREER COUNSELING, OR ANY OTHER FORM OF PROFESSIONAL ADVICE.
QLM IS NOT A LICENSED EDUCATIONAL INSTITUTION, ACCREDITED TUTORING SERVICE, OR PROFESSIONAL ACADEMIC ADVISORY ORGANIZATION. EDUCATIONAL OUTCOMES DEPEND ON NUMEROUS FACTORS ENTIRELY BEYOND QLM'S CONTROL, INCLUDING BUT NOT LIMITED TO INDIVIDUAL EFFORT, APTITUDE, PRIOR KNOWLEDGE, TEST-DAY CONDITIONS, AND EXTERNAL CIRCUMSTANCES.
QLM MAKES ABSOLUTELY NO GUARANTEE OF SCORE IMPROVEMENT, TEST PERFORMANCE, COLLEGE ADMISSIONS RESULTS, SCHOLARSHIP AWARDS, OR ANY OTHER ACADEMIC OUTCOME WHATSOEVER. ALL SCORE PREDICTIONS PROVIDED BY THE SERVICES ARE ESTIMATES ONLY AND SHOULD NOT BE RELIED UPON AS INDICATORS OF ACTUAL TEST PERFORMANCE.
3. User Accounts
To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to maintain and update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
Age Requirements (COPPA Compliance)
In compliance with the Children's Online Privacy Protection Act (COPPA, 15 U.S.C. §§ 6501–6506), the following age-based restrictions apply:
- Under 13: Children under 13 cannot create accounts directly. A parent or legal guardian must create and manage the account using the Parent/Guardian role. All use by children under 13 must be under direct parental supervision.
- Ages 13–17: Students ages 13–17 may create accounts but must obtain verifiable parental consent before accessing learning features, AI-powered tools, practice sessions, or any interactive functionality. Accounts remain in a restricted state until consent is verified.
- 18 and older: Full access to all features upon account creation and acceptance of these Terms.
Parental Consent Process
For minor students (under 18), parental consent is mandatory before the student may access learning features, AI tutoring, practice sessions, or any interactive functionality. The consent process is as follows:
- A verification email is sent to the parent or legal guardian's email address provided during registration.
- The parent or guardian must verify their email address and review the consent form detailing all data collection, processing, and sharing practices.
- Consent may be revoked at any time by the parent or guardian. Revocation of consent results in immediate suspension of the student's account and deletion of the student's personal data and activity data within thirty (30) days.
Parental consent specifically covers: (a) collection and processing of educational performance data, (b) use of AI systems (including Anthropic Claude) for personalized explanations, tutoring, and personalized learning, (c) sharing of anonymized and de-identified learning data with AI providers for the purpose of generating educational content, and (d) generation and delivery of progress reports to parents and guardians.
4. Subscription and Billing
Certain features of the Services require a paid subscription. By subscribing to a paid plan, you agree to the following:
- Recurring Billing: Subscriptions are billed on a recurring basis (monthly or annually, as selected). You authorize QLM and its payment processors to charge your designated payment method automatically at the beginning of each billing cycle.
- Cancellation: You may cancel your subscription at any time. Upon cancellation, you will retain access to paid features until the end of your current billing period. No prorated refunds will be issued for partial billing periods.
- Refunds: Refunds are available within fourteen (14) days of your initial purchase. After the 14-day period, all charges are non-refundable.
- Price Changes: QLM reserves the right to modify subscription pricing. You will receive at least thirty (30) days' advance notice of any price changes. Continued use of the Services after a price change takes effect constitutes acceptance of the new pricing.
5. Disclaimer of Warranties
THE SERVICES, INCLUDING ALL CONTENT, FEATURES, FUNCTIONALITY, AND MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QLM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR AVAILABILITY OF ANY CONTENT, INCLUDING BUT NOT LIMITED TO PRACTICE QUESTIONS, DIAGNOSTIC ASSESSMENTS, SCORE PREDICTIONS, STUDY PLANS, AND AI-GENERATED CONTENT; (C) WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (D) WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (E) WARRANTIES REGARDING THE ACCURACY OF ANY RESULTS OBTAINED THROUGH USE OF THE SERVICES; AND (F) WARRANTIES THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QLM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
6. Absolute Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QLM, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "QLM PARTIES") SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA; ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
WITHOUT LIMITING THE FOREGOING, THE QLM PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (A) ANY CONTENT, RECOMMENDATIONS, STUDY PLANS, SCORE PREDICTIONS, OR AI-GENERATED MATERIALS; (B) ANY DECISIONS YOU MAKE BASED ON THE SERVICES, INCLUDING BUT NOT LIMITED TO TEST PREPARATION STRATEGY, COLLEGE APPLICATIONS, COURSE SELECTION, AND ACADEMIC PLANNING; (C) YOUR TEST SCORES, ADMISSIONS RESULTS, SCHOLARSHIP OUTCOMES, OR ACADEMIC PERFORMANCE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (F) SERVICE INTERRUPTIONS, OUTAGES, OR DISCONTINUATION; OR (G) BUGS, VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS.
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF QLM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE QLM PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE LESSER OF: (I) THE TOTAL AMOUNT PAID BY YOU TO QLM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ZERO DOLLARS ($0.00).
7. Full Indemnification
You agree to indemnify, defend, and hold harmless the QLM Parties from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
- Your use of or access to the Services;
- Your reliance on any Content provided through the Services;
- Any decisions you make based on the Services, Content, or any information obtained through the Services;
- Your violation of these Terms or any applicable law, regulation, or third-party right;
- Any content you submit, post, or transmit through the Services ("User Content");
- Any dispute between you and any third party;
- Your negligence or willful misconduct.
This indemnification obligation survives termination of these Terms and your use of the Services indefinitely. QLM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the QLM Parties.
8. Assumption of Risk
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
- Content may be inaccurate, incomplete, outdated, or misleading;
- Use of the Services may result in no improvement in test scores, grades, or academic performance;
- Reliance on the Services may cause you to forego other educational opportunities, tutoring, or professional academic assistance;
- Data loss, service interruptions, and technical failures may occur without warning;
- AI-powered features may produce hallucinations, errors, biased outputs, incorrect assessments, or misleading recommendations;
- The Services may be modified, suspended, or discontinued at any time without notice;
- Your use of the Services may result in wasted time, money, and effort;
- Use of or reliance on the Services may result in adverse academic, professional, financial, or personal consequences.
YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON ANY REPRESENTATION, WARRANTY, OR STATEMENT BY QLM OR ANY QLM PARTY THAT IS NOT EXPRESSLY SET FORTH IN THESE TERMS.
9. No Guarantee of Score Improvement
QLM expressly disclaims any and all guarantees, representations, or warranties regarding test score improvement on the SAT, ACT, AP exams, or any other standardized test or examination. QLM makes no guarantee of grade improvement, college admissions, scholarship awards, or any academic outcome.
Any past performance data, testimonials, statistics, case studies, or success stories displayed on or through the Services do not guarantee or predict future results. Individual results vary significantly based on factors entirely outside QLM's control.
QLM shall have no liability whatsoever for any test scores, admissions decisions, scholarship outcomes, or academic results obtained or not obtained by users of the Services.
10. No Liability for Decisions
QLM shall have no liability for any decisions you make based on Content, recommendations, study plans, diagnostics, score predictions, or any other information obtained through the Services, including but not limited to:
- Test preparation strategy and study approach;
- Which standardized tests to take or retake;
- College application decisions, including which schools to apply to;
- Course selection and academic planning;
- Career decisions and professional planning;
- Financial commitments related to education, tutoring, or test preparation.
You are solely responsible for all decisions you make and all actions you take based on your use of the Services. You agree that you will independently verify any information obtained through the Services before making important academic, financial, or personal decisions.
11. AI-Powered Features and Data Processing
The Services use artificial intelligence and machine learning technologies to provide personalized learning experiences. By using AI-powered features, you acknowledge and agree to the following:
- AI Processing: Learning context (including skill mastery levels, estimated scores, and recent performance data) may be sent to third-party AI providers, including Anthropic's Claude API, to generate personalized explanations, tutoring responses, and educational guidance. All data transmitted to AI providers is anonymized and de-identified — your name, email address, and personally identifiable information are never shared with AI providers.
- Personalized Learning: Skill mastery calculations run on QLM's servers and are not shared with external AI providers.
- AI Features for Minors: AI-powered features are available to minor students only after verifiable parental consent has been granted. The consent form explicitly describes AI data processing practices. Parents may opt out of AI features at any time by contacting legal@satmastery.app.
AI Limitations
AI-generated explanations, hints, tutoring responses, study plans, and recommendations are provided for educational assistance only and should not be considered a substitute for professional instruction, tutoring, or academic counseling. AI outputs may contain errors, inaccuracies, hallucinations, or biased content. QLM does not guarantee the accuracy, completeness, or reliability of any AI-generated content.
You are solely responsible for evaluating and verifying the accuracy of any AI-generated output before relying on it. QLM shall not be liable for any errors, hallucinations, incorrect assessments, or misleading recommendations produced by AI-powered features.
12. Intellectual Property
All Content, features, functionality, software, code, designs, trademarks, trade names, logos, and other intellectual property associated with the Services are owned by QLM or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to your compliance with these Terms, QLM grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial, educational purposes only. This license does not include any right to: (a) modify, copy, or create derivative works of the Services or any Content; (b) distribute, publicly display, or publicly perform any Content; (c) reverse engineer, decompile, or disassemble any software used in connection with the Services; or (d) use the Services or any Content for any commercial purpose.
User Content
By submitting, posting, or transmitting any content through the Services ("User Content"), you grant QLM a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the Services and QLM's business operations.
13. Acceptable Use
You agree not to engage in any of the following prohibited activities:
- Violate any applicable law, regulation, or these Terms;
- Infringe upon the intellectual property rights of QLM or any third party;
- Transmit any harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content;
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
- Interfere with or disrupt the Services, servers, or networks connected to the Services;
- Attempt to gain unauthorized access to any portion of the Services, other accounts, or any systems or networks connected to the Services;
- Use any automated system, including but not limited to bots, crawlers, scrapers, or spiders, to access the Services without QLM's express written permission;
- Harvest, collect, or store personal information about other users;
- Use the Services for any commercial purpose without QLM's express written consent;
- Reproduce, duplicate, copy, sell, resell, or exploit any Content or portion of the Services;
- Overburden, flood, or overwhelm the Services or any connected infrastructure;
- Use information obtained from the Services to develop or operate any competing product or service;
- Circumvent, disable, or otherwise interfere with any security features or access controls of the Services.
14. Account Termination
QLM reserves the ABSOLUTE and sole right to suspend, restrict, or terminate your account and access to the Services at any time, for any reason or for no reason, with or without notice, and with NO liability to you whatsoever.
Upon termination, QLM may delete all data, content, and information associated with your account. Your license to use the Services ceases immediately upon termination.
The following sections survive termination of these Terms and your account: Sections 2 (Educational Content Disclaimer), 5 (Disclaimer of Warranties), 6 (Absolute Limitation of Liability), 7 (Full Indemnification), 8 (Assumption of Risk), 9 (No Guarantee of Score Improvement), 10 (No Liability for Decisions), 11 (AI-Powered Features), 12 (Intellectual Property), 13 (Acceptable Use), 14 (Account Termination), 15 (Mandatory Binding Arbitration), 16 (Class Action Waiver), 17 (Governing Law), 20 (Release of Claims), 21 (Statute of Limitations), 22 (Waiver of Jury Trial), 23 (No Fiduciary Relationship), 24 (No Third-Party Beneficiaries), 25 (Severability), 26 (Entire Agreement), 27 (Force Majeure), and 31 (Survival).
15. Mandatory Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with QLM (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be the State of Delaware.
The arbitrator's decision shall be final and binding upon both parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have the authority to award any relief that would be available in a court of law.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.
16. Class Action Waiver
ALL DISPUTES BETWEEN YOU AND QLM SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AGAINST QLM. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO CONSOLIDATE CLAIMS OF MULTIPLE PARTIES OR TO PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE BY ANY COURT OR ARBITRATOR OF COMPETENT JURISDICTION, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT SET FORTH IN SECTION 15 SHALL BE VOID AND OF NO EFFECT.
17. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. The Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions in Section 15.
For any Disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware. You hereby waive any objection to such jurisdiction or venue, including any objection based on inconvenient forum.
18. Service Availability
QLM makes no guarantee of the availability, uptime, reliability, or performance of the Services. QLM may modify, suspend, or discontinue the Services, in whole or in part, at any time, for any reason, with or without notice, and without any liability to you. QLM shall not be liable for any modification, suspension, or discontinuation of the Services.
19. Modification of Terms
QLM reserves the right to modify, amend, or update these Terms at any time, in its sole discretion, with or without notice to you. Modifications shall be effective immediately upon posting of the revised Terms on the Services. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of and agreement to the modified Terms.
It is your sole responsibility to review these Terms periodically for changes. If you do not agree to the modified Terms, you must immediately cease all use of the Services.
20. Release of Claims
YOU HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE THE QLM PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO: (A) YOUR USE OF OR ACCESS TO THE SERVICES; (B) ANY CONTENT PROVIDED THROUGH THE SERVICES; (C) ANY DECISIONS YOU MAKE BASED ON THE SERVICES OR ANY CONTENT; OR (D) ANY ACADEMIC, PROFESSIONAL, FINANCIAL, OR PERSONAL OUTCOMES RESULTING FROM YOUR USE OF THE SERVICES.
YOU EXPRESSLY WAIVE THE BENEFITS OF CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
YOU ALSO WAIVE THE BENEFITS OF ANY SIMILAR STATUTE OR COMMON LAW PRINCIPLE OF ANY OTHER JURISDICTION THAT MAY BE APPLICABLE.
21. Statute of Limitations
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR YOUR USE OF THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION AROSE. ANY CLAIM OR CAUSE OF ACTION NOT FILED WITHIN SUCH ONE (1) YEAR PERIOD SHALL BE PERMANENTLY BARRED, REGARDLESS OF ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY.
22. Waiver of Jury Trial
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND QLM EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR YOUR USE OF THE SERVICES.
23. No Fiduciary Relationship
Nothing in these Terms or your use of the Services shall be construed as creating any fiduciary relationship, advisory relationship, agency, partnership, joint venture, employment relationship, or relationship of trust between you and QLM. QLM owes no fiduciary duty, duty of care, or any other duty to you beyond those expressly set forth in these Terms.
QLM is NOT a tutor, academic advisor, college admissions counselor, educational institution, or professional advisory service. No interaction with the Services, including AI-powered features, creates any such relationship.
24. No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties hereto and are not intended to confer any rights or remedies upon any third party, except that the QLM Parties are intended third-party beneficiaries of the indemnification, limitation of liability, and disclaimer provisions set forth in Sections 5, 6, 7, 8, and 20.
25. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of QLM to the greatest extent possible.
26. Entire Agreement
These Terms, together with the Privacy Policy and any other policies or agreements incorporated by reference herein, constitute the entire agreement between you and QLM with respect to the Services and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, with respect to the Services.
No waiver by QLM of any provision of these Terms shall be deemed a continuing waiver or a waiver of any other provision. QLM's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
27. Force Majeure
QLM shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay results from causes beyond QLM's reasonable control, including but not limited to: acts of God, natural disasters, earthquakes, floods, hurricanes, fires, epidemics, pandemics, war, terrorism, military action, government actions or orders, labor disputes, strikes, power failures, internet or telecommunications failures, cyberattacks, denial-of-service attacks, failures of third-party service providers, or changes in applicable law or regulation. QLM's obligations shall be suspended for the duration of any such force majeure event, and QLM shall have no liability arising from or related to such event.
28. Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of QLM. QLM may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. Any attempted assignment in violation of this section shall be void.
29. Electronic Communications
By using the Services, you consent to receive electronic communications from QLM, including but not limited to emails, push notifications, and in-app messages, regarding the Services, your account, and updates to these Terms. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
30. Export Controls
The Services are subject to United States export control laws and regulations. You agree that you will not export, re-export, or transfer the Services or any technical data obtained through the Services in violation of any applicable export control laws, including without limitation the U.S. Export Administration Regulations. You represent and warrant that you are not located in, a national or resident of, or under the control of any country to which the United States has embargoed goods or services.
31. Survival
The following sections shall survive the termination or expiration of these Terms indefinitely and shall continue in full force and effect: Section 2 (Educational Content Disclaimer), Section 5 (Disclaimer of Warranties), Section 6 (Absolute Limitation of Liability), Section 7 (Full Indemnification), Section 8 (Assumption of Risk), Section 9 (No Guarantee of Score Improvement), Section 10 (No Liability for Decisions), Section 11 (AI-Powered Features), Section 12 (Intellectual Property), Section 13 (Acceptable Use), Section 14 (Account Termination), Section 15 (Mandatory Binding Arbitration), Section 16 (Class Action Waiver), Section 17 (Governing Law), Section 20 (Release of Claims), Section 21 (Statute of Limitations), Section 22 (Waiver of Jury Trial), Section 23 (No Fiduciary Relationship), Section 24 (No Third-Party Beneficiaries), Section 25 (Severability), Section 26 (Entire Agreement), Section 27 (Force Majeure), and Section 31 (Survival).
32. Contact Information
If you have any questions, concerns, or inquiries regarding these Terms, please contact us at: legal@satmastery.app