End User License Agreement (EULA)

1. Agreement Overview

Welcome! We’re glad you’re interested in StrongMind, Inc., an Arizona-based education technology company. We own and operate the StrongMind Homeschool Platform, offering a variety of online educational services, including curriculum, resources, and any associated software (collectively, “Services”).

By accessing or using the Platform, you enter into a legal agreement with us. Whether you’re visiting the site or actively using our Services, we’ll refer to you as a “User” or collectively as “Users.”

These Terms of Service, along with our StrongMind Privacy Policy and any additional Guidelines (collectively, the “Terms”), set the rules for your use of our Services. Please read these Terms carefully. By registering for, accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and the StrongMind Privacy Policy.

2. License Grant

StrongMind grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for personal, non-commercial, individual, or family educational purposes. This license does not extend to schools, educational programs, agencies, consortia, or other organized educational entities without a separate commercial license agreement.

3. Restrictions on Use

3.1 Non-Commercial Use Only: The Platform is intended solely for personal educational use by individuals or families. Any use by schools or educational entities without a commercial license from StrongMind is strictly prohibited. Unauthorized use constitutes acceptance of commercial terms, including payment obligations.

3.2 Automatic Agreement: If any educational entity uses the Platform without a commercial license, they automatically agree to enter into a paid license agreement and remit all applicable fees as specified by StrongMind. This binding agreement is enforceable under Arizona law and applicable international law.

3.3 Prohibited Conduct: Users may not:

• Use the Platform to provide educational services as part of an organized program without a commercial license.
• Copy, modify, distribute, or create derivative works of the Platform’s content.
• Use the Platform for unlawful or unauthorized purposes.

4. Intellectual Property Rights

All content and materials available on the Platform are the exclusive property of StrongMind, Inc. and are protected by copyright, trademark, and other applicable laws. Any unauthorized use may result in termination and legal action.

5. Limitation of Liability

StrongMind is not liable for any misuse of the Platform by Users. Any violation of these Terms will result in termination of access and may lead to legal action. Users agree to indemnify StrongMind against any claims arising from misuse or unauthorized use.

6. Governing Law

This Agreement shall be governed by the laws of the State of Arizona, without regard to its conflict of law principles. International use of the Platform is subject to the laws of the jurisdiction in which the User resides.

7. Modifications and Amendments

StrongMind reserves the right to update or modify these Terms at any time. Continued use of the Platform after changes are posted constitutes acceptance of the new terms.

8. Arbitration and Dispute Resolution

8.1 Binding Arbitration: Any dispute arising out of or relating to this Agreement or the use of the Platform shall be resolved through binding arbitration in the State of Arizona. By using the Platform, you waive your right to a trial by jury or to participate in a class action lawsuit.

8.2 Class Action Waiver: Disputes will be resolved on an individual basis only. No class actions or other representative actions are permitted.

9. International Use

Users accessing the Platform from outside the United States agree to comply with local laws and regulations. StrongMind makes no representation that the Platform is appropriate or available in all locations.

10. Contact Information

For any questions or concerns, please contact StrongMind at [email protected].

Welcome to StrongMind

Welcome! We’re glad you’re exploring StrongMind, Inc., an Arizona-based educational technology company. We own and operate the StrongMind Homeschool Platform, offering a range of online educational services tailored for homeschool families and learners. These services include our curriculum content, educational resources, interactive tools, mobile apps, and any other products or services we may introduce in the future. Together, we refer to these as our “Services.”

By accessing or using our Platform, you are entering into a legal agreement with us. Whether you are simply visiting our website or actively utilizing our educational tools and content, we refer to you as a “User” or collectively as “Users.”

These Terms of Service, along with our StrongMind Privacy Policy and any other applicable guidelines (collectively, the “Terms”), establish the rules for using our Services. The Privacy Policy explains how we collect, use, and protect your personal information.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THAT YOU HAVE READ THE STRONGMIND PRIVACY POLICY (AS APPLICABLE TO THE SERVICES YOU CHOOSE TO USE).

If you are a parent or legal guardian (“Parent”) and consent to your child registering an account on the Platform, you agree to be bound by these Terms on behalf of your child regarding their use of the Services.

If you are school personnel (as defined below) and you register a student user (as defined below), you represent and warrant that you are authorized to enter into this agreement on behalf of your institution (as defined below). You agree, on behalf of your institution, that the student user is bound by these Terms unless your institution has a separate written service agreement with StrongMind that supersedes these Terms on behalf of student users.

PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION.

1. Eligibility

Access to the StrongMind Homeschool Platform (“Services”) may be subject to eligibility criteria, including age and location restrictions. Certain features may be available only to specific types of users. By selecting a particular account type or feature, you confirm that you meet the relevant eligibility requirements. It is your responsibility to ensure compliance with the conditions associated with the selected account type and any related features as described in Section 2 (User Accounts) and other applicable sections of these Terms.

RESTRICTED ACCESS: The Services are not available to: (A) Any user who has been previously suspended or removed from the StrongMind Platform by StrongMind, Inc. (B) Any individual under the age of 13 (or below the legal age of consent in their jurisdiction) who does not have parental consent, or, in the case of school-related accounts, approval by authorized school personnel as defined in these Terms.

1.1 Acceptance

By clicking “Sign Up,” “I Agree,” or similar acknowledgment, or by using or registering an account on the Services, you affirm that: (i) You are a U.S. resident at least 13 years of age, or (ii) You are not a U.S. resident and meet the legal age of consent required to create an account in your country, or (iii) Your use of the Services has been approved by your Parent or, if applicable, authorized school personnel as specified in Section 3 (School Use).

You also affirm that you have not been previously suspended or removed from the StrongMind Platform and that your registration and continued use of the Services comply with all applicable laws and regulations.

2. User Accounts

StrongMind provides website accounts specifically designed for learners, parents, and educators. This section outlines the terms related to different types of accounts available on the StrongMind Homeschool Platform.

2.1 User Account Terms

User accounts and access to features of the Services are governed exclusively by these Terms and the StrongMind Privacy Policy. To utilize certain features, you must register for an account. During registration, you may be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all actions that occur under your account. You agree to provide accurate, current, and complete information during registration and to keep this information up-to-date. If you suspect that your account has been compromised (e.g., due to loss, theft, or unauthorized use), you must promptly notify StrongMind Support. You may be held liable for any damages resulting from unauthorized use of your account.

2.2 Learner Accounts; Child Users

Any User may create a learner account on the Platform. If you are under 13 years of age in the United States, or below the legal age of consent in your country, you are considered a “Child User.” You may not register for the Services without obtaining consent from your Parent or from an authorized educator as specified in Section 3 (School Use). If you are under 18 (or the age of majority in your jurisdiction), your Parent must review and accept these Terms on your behalf. Child Users initiating registration without a Parent User may experience restricted access until parental consent is obtained. Child Users associated with an educational organization may access the Services if registered through authorized School Personnel who have obtained parental consent or met legal requirements.

2.3 Parent Accounts

Parents or legal guardians who are at least 18 years old may register for a Parent User account. By creating or approving a Child User account, you affirm that you are the legal guardian and agree to be bound by these Terms on behalf of the Child User. You are responsible for teaching your child appropriate usage of the Platform and ensuring compliance with these Terms. You are also accountable for monitoring your child’s activities within the Platform. StrongMind reserves the right to take legal action against anyone providing false or misleading information during registration.

2.4 Educator Accounts

The Platform offers specific features for educators. Individuals over 18 years old who are employed as teachers or school staff may create an educator account. By registering, you confirm that you meet the eligibility criteria. Additional terms for school-related use are covered in Section 3 (School Use) and Section 10 (Platform Features).

2.5 Coach Accounts

StrongMind may provide features that allow Users to connect with coaches or mentors. These features enable a User to give a designated Coach permission to view their educational progress and provide guidance. Coaches cannot create accounts for others or provide consent on behalf of a Parent. Coaches must use the Platform in compliance with all applicable laws and guidelines.

2.6 Responsibility for Account Activity

You are solely responsible for any activity conducted through your account, whether performed by you or someone using your credentials. Failure to secure your account may result in suspension or termination. StrongMind reserves the right to take necessary action to protect the integrity of the Platform and its users.

3. School Use

StrongMind offers certain features and tools designed specifically for educators, including teachers, school administrators, educational program leaders, and other designated school personnel (collectively, “School Personnel”). These tools are intended to support educational activities, such as lesson planning, student progress tracking, and interactive learning within a classroom or educational program setting. If you are accessing the Services on behalf of a school, school district, or similar educational institution (an “Institution”), the following terms apply to you.

3.1 Limitations on Use

The Services and associated tools are provided for educational purposes only within the context of an organized curriculum or classroom environment. You must use the Platform in accordance with all applicable laws, institutional policies, and educational standards. It is your responsibility to ensure that the use of these tools complies with your Institution’s guidelines and any local, state, or federal regulations. The Platform is an educational aid, intended to enhance instructional practices, and should not be used as a replacement for professional judgment when evaluating student performance.

3.2 Responsibility for Consent and Notices

The Institution and its authorized School Personnel are responsible for obtaining any necessary parental consent prior to registering students on the Platform. You agree to comply with all applicable regulations, including the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), and any other relevant privacy laws. You must also provide appropriate disclosures to students and parents regarding the use of the Platform and the collection of personal information. If consent is not obtained or is subsequently withdrawn, you must immediately discontinue the student’s access to the Platform and notify StrongMind of the change in status.

3.3 School Accounts

3.3.1 Identification of School Accounts Students and School Personnel may have accounts designated for educational use, termed “School Accounts.” Such accounts are typically created either directly by School Personnel using authorized school credentials or by students under the guidance of School Personnel. School Accounts are distinct from personal accounts and must be used solely for academic purposes within the Institution’s curriculum.

3.3.2 Integrated Services and School Accounts If your Institution allows students to access the Platform using third-party integration services (e.g., Google Accounts, Clever, ClassLink), it is your responsibility to instruct students on safe and appropriate usage. You must ensure that any integrated services used are compliant with your Institution’s policies and applicable legal standards.

3.3.3 Linked Personal Accounts If students link personal accounts to their School Accounts, you must secure the appropriate consent from parents or guardians. These linked accounts may share learning activity data across both personal and educational contexts. As School Personnel, you are responsible for managing these linkages appropriately.

3.4 Institutional Services

StrongMind may enter into customized agreements with educational agencies, school districts, or consortia for district-wide or organization-wide use of the Platform (“Institutional Agreements”). These agreements may include additional features or services tailored to the needs of the Institution. Unless otherwise stated in an Institutional Agreement, these Terms apply to all users within the district or agency.

For questions regarding the establishment of School Accounts or Institutional Agreements, please contact StrongMind Support at [email protected].

4. International Use

This section outlines additional terms that apply to users who reside outside of the United States or access the StrongMind Platform from international locations. Some features or content may not be available in certain regions, or may be accessible only in English. In addition to these Terms, regional-specific guidelines or supplemental terms may apply, and such regional terms take precedence over these Terms in the event of a conflict.

4.1 Compliance with Local Laws

You agree to comply with all local laws, regulations, and rules applicable to your use of the Services, especially if you are accessing the Platform from outside the United States. It is your sole responsibility to ensure that your use of the Platform is lawful within your jurisdiction. If you are under the age of 18 (or below the age of majority where you reside), you confirm that you have obtained parental consent to create an account and agree to these Terms. Where required, parental consent must be obtained by a legally authorized guardian according to the laws of your region.

Unless a specific written agreement exists between you and StrongMind indicating otherwise, we do not guarantee that our Services are appropriate or available in all international locations. Access to and use of the Services is not granted where prohibited by local regulations or where such use would violate applicable laws.

4.2 Data Processing and Storage Location

StrongMind operates its Services from the United States. If you access our Platform from outside the U.S., you understand and agree that your data, including personal information, may be collected, processed, and stored within the United States. By using the Platform from international locations, you consent to this transfer and processing of your information.

4.3 Additional Consumer Rights

If you reside outside the United States, you may have additional rights under local consumer protection laws. For instance, if you are located in the European Union, the United Kingdom, or Australia, statutory consumer rights under the laws of your jurisdiction may apply. These rights may take precedence over the governing law specified in these Terms if applicable local legislation requires. In cases where local law provides stronger protections, those statutory rights shall be upheld. In such instances, disputes may be resolved in the jurisdiction of your habitual residence.

4.4 Export Compliance

You agree not to use, export, or transfer the Services in any way that violates U.S. export control laws and regulations. The Services may not be exported or re-exported to any countries or individuals subject to U.S. sanctions or trade restrictions, including those on the United States Department of the Treasury’s Specially Designated Nationals list or the United States Department of Commerce’s Denied Persons List. By using the Platform, you certify that you are not a Restricted Party and that your use does not contravene any U.S. embargoes or trade restrictions.

5. Privacy Policy; Supplemental Terms and Guidelines

5.1 Privacy Policy

At StrongMind, we value your privacy and are committed to protecting your personal information. Please carefully review the StrongMind Privacy Policy to understand how we collect, use, and safeguard your personal data. Our Privacy Policy also outlines your rights regarding the data you share with us, including how you can view, update, correct, or delete your account and personal information. We encourage all Users, including Parents and School Personnel, to familiarize themselves with our privacy practices to ensure safe and responsible use of our Platform.

5.2 Supplemental Terms

From time to time, StrongMind may introduce new services, premium features, or specialized programs that may have their own set of terms. These supplemental terms are applicable in addition to the general Terms and will take precedence in the event of a conflict. We will notify you of any such changes or additions, and continued use of the Services constitutes acceptance of these updated or supplemental terms.

5.3 Guidelines

In addition to these Terms, specific features or services may be subject to additional guidelines, rules, or policies that StrongMind may issue from time to time. These guidelines are considered an integral part of the Terms. You are responsible for ensuring that your use of the Platform complies with any such guidelines, as well as the overarching Terms of Service. Failure to adhere to these guidelines may result in account suspension or termination.

StrongMind Privacy Principles

Our commitment to your privacy is guided by the following principles:

• Security First: We prioritize creating a safe and secure online environment for all users.
• No Sale of Personal Information: StrongMind does not sell your personal information to third parties. Our primary goal is to support educational excellence without compromising user trust.
• User Control: We are committed to providing you with access to and control over your personal information. We take the protection of your data very seriously.
• Enhanced Protection for Minors: We take special precautions for younger users, including restricting child accounts to automatically block features that could allow personal information to be disclosed.
• Ad-Free Learning: StrongMind does not display third-party advertising. Our mission is to deliver high-quality educational experiences, not to promote external products.

Overview

StrongMind, Inc. (“StrongMind”, “we”, “us”, or “our”) is dedicated to delivering advanced online learning experiences while safeguarding your privacy. As a forward-thinking educational technology company, we use collected information to enhance your experience and fulfill our commitment to empowering learners. Our mission-driven approach ensures that your educational journey remains the focus.

We understand the importance of privacy and strive to create a secure environment for learners of all ages. This Privacy Policy explains how StrongMind collects, uses, discloses, and protects your personal information when you access our website, mobile application, or online services (collectively, the “Platform”).

Use by Children and Students

For details on how StrongMind collects, uses, and manages personal information from children under 13, please refer to our Children’s Privacy Notice. We take additional steps to ensure that children’s data is handled securely and in compliance with applicable laws.

Contact StrongMind

If you have questions or concerns about your privacy, you can reach out to us as follows:

• By Email: [email protected]
• By Mail: StrongMind, 1234 Innovation Way, Phoenix, AZ 85001

For more information, please visit our Help Center for frequently asked questions and additional support.

Collection of Information

We collect information in several ways, including:

• Directly from You: When you create an account, communicate with us, participate in surveys, or use our Platform.
• From Others: Such as your parent, teacher, or educational institution when they provide data for registration or use of educational features.
• Automatically: Through the use of cookies and similar technologies that track your interactions with the Platform.

Examples of information collected include:

• Account registration details (username, email, date of birth)
• Device and browser information
• Data you provide in your profile or public areas of the Platform
• Non-personal usage data linked to your account for improved service delivery

Use of Information

StrongMind uses the information collected for the following purposes:

• To deliver and personalize your educational experience
• To communicate about your account and our services
• To enable participation in special programs when applicable
• To improve and enhance our Platform through research and analytics

Disclosure of Information

StrongMind does not sell personal information. We may share data:

• With authorized users linked to your account (e.g., parents or teachers)
• With service providers working on our behalf
• For compliance and legal purposes when required by law

Retention and Security of Personal Information

We retain personal data only as long as necessary to provide our services or as required by law. We utilize encryption and robust security measures to protect your information during transmission and storage.

User Rights and Control

You have the right to access, update, or delete your personal data through your account settings. For assistance, contact our Privacy Team at the above address.

Changes to Privacy Policy

StrongMind may update this Privacy Policy periodically. Any changes will be posted on our website with an updated revision date. Significant changes will be communicated directly to users when necessary.

Protecting Student Data

StrongMind is committed to protecting student data in compliance with FERPA and COPPA. We work closely with schools and educational institutions to safeguard data and ensure responsible use within the educational context.

California Minors’ Rights

If you are a registered user under the age of 18 residing in California, you have the right to request the removal of content or information that you have publicly posted on the StrongMind Platform. To initiate a removal request, please contact StrongMind’s support team for assistance. Please be aware that submitting a removal request does not guarantee complete or comprehensive removal of the content or information, as certain data may be retained or preserved as required by applicable laws.

General Data Protection Regulation (“GDPR”)

If you are a resident of the European Union, United Kingdom, or any other country within the European Economic Area (“EEA”), you may be entitled to the following rights under the GDPR:

• Right of Access and Portability: You have the right to request access to your personal information, along with related data, and to receive it in a commonly used format, as well as to have it transferred to another data controller when feasible.
• Right to Rectification: You are entitled to request the correction or update of any inaccurate or incomplete personal information without undue delay.
• Right to Erasure (Right to Be Forgotten): You can request the deletion of your personal information under specific circumstances, such as when the data is no longer needed for the original purpose of collection or processing.
• Right to Restriction of Processing: You may request that we limit the processing of your personal information under certain conditions, such as when you contest the accuracy of the data, allowing us time to verify its correctness.
• Right to Object: You may object to the processing of your personal information for reasons related to your specific situation, including any processing done for direct marketing purposes.
• Right to Withdraw Consent: You have the right to withdraw your consent to data processing at any time. Please note that withdrawing consent does not affect the lawfulness of any data processing conducted prior to withdrawal.

If you believe your data rights have been infringed upon, you also have the right to file a complaint with the relevant Supervisory Authority. Should you require assistance in exercising your rights, please contact us directly, and we will review your request in accordance with applicable legal requirements. In some cases, our ability to fulfill your request may be impacted by our obligations to process personal data for reasons related to security, legal compliance, or the execution of services you have requested. If this occurs, we will notify you with relevant details.

Legal Bases for Data Processing under GDPR

For personal data subject to GDPR, StrongMind processes information on the following legal grounds:

• Performance of a Contract: The processing is necessary to fulfill our contractual obligations as outlined in our Terms of Service or other agreements you have with StrongMind.
• Legitimate Interests: We may process data to advance our legitimate interests, including improving our services, marketing new features, and enhancing security and safety, as long as such processing does not override your fundamental rights and freedoms.
• Consent: When you provide explicit consent for a specific purpose, we process your data in line with that consent.
• Legal Obligation: Processing is required to comply with legal obligations, court orders, or to establish, exercise, or defend legal claims.

If you have any questions or need assistance, please reach out to our Data Protection Officer at [email protected].

6. User Content; License Grant

6.1. User Content and Ownership.

The StrongMind Services include features that allow Users to (a) post, publish, or share questions, comments, notes, reviews, ratings, images, videos, and other multimedia content (collectively, “User Contributions”); (b) create, submit, or modify computer code, including source code and object code (“User Code”); and (c) provide inputs to StrongMind’s AI-powered features (“Input”) and receive generated outputs in response (“Output”) (collectively, the Input and Output are referred to as “AI Content”). Collectively, User Contributions, User Code, and AI Content are termed “User Content.”

You acknowledge that whether or not such User Content is published or publicly shared, StrongMind does not guarantee confidentiality for any User Contributions or User Code submissions. In compliance with applicable law, as between StrongMind and the User, you retain all ownership rights in the User Content you post or publish through the Services. StrongMind does not claim ownership of your User Content.

You understand that you are solely responsible for your User Content and for the consequences of creating, sharing, or publishing such content. For clarity, AI Content generated through our platform is considered User Content. See Section 10 for more details on the use of AI-powered features for creating User Content.

6.2. License Grant to StrongMind.

By submitting, posting, or distributing User Content through StrongMind Services, you hereby grant StrongMind a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free right and license to host, transfer, display, perform, reproduce, distribute, adapt, create derivative works from, use, and exploit your User Content, in any media formats and through any media channels (existing now or developed in the future), to the extent consistent with applicable law and StrongMind’s Privacy Policy. This license is perpetual and irrevocable, except as required to comply with applicable privacy laws relating to ownership and control of personal information, including educational records.

Regarding School Accounts, consistent with applicable privacy laws, as between StrongMind and the User, the school or User retains all ownership rights in any User Content that qualifies as an educational record.

When using AI-powered features within the Services, you grant StrongMind a worldwide, non-exclusive, irrevocable, transferable, royalty-free, fully paid-up, sublicensable (through multiple tiers) license to access, use, modify, display, perform, distribute, copy, create derivatives from, and process all Inputs and Outputs (including any intellectual property contained therein) to deliver the Services and enhance the AI-powered functionalities for all Users.

6.3. License Grant to Users.

6.3.1. User Contributions.

By posting or distributing User Contributions through the StrongMind Services, you hereby grant each User of the Services a non-exclusive license to access and use your User Contributions as permitted by the platform.

6.3.2. User Code.

By submitting User Code through the StrongMind Services, you grant each User a non-exclusive license to access, use, reproduce, and distribute your User Code as allowed by the terms of the MIT License.

6.3.3. Downloadable Content.

StrongMind Services may allow you to download mobile applications or educational content (“Downloadable Content”). Subject to your adherence to these Terms, StrongMind grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Downloadable Content for personal, non-commercial purposes. You agree not to modify, create derivative works from, remove copyright notices, or circumvent any copy protection or security features associated with the Downloadable Content.

6.4. Access to Your User Content.

StrongMind may permit Users to share User Content with other Users or make it public. While StrongMind may provide features to limit access to User Content, it does not guarantee that such User Content will remain restricted. In the event of unauthorized access, StrongMind will make reasonable efforts to notify the User. StrongMind disclaims liability for any unauthorized access to restricted User Content.

6.5. User Content Disclaimer.

You understand that when using StrongMind Services, you may encounter User Content from various sources. StrongMind does not guarantee the accuracy, usefulness, or intellectual property rights associated with any User Content. You may be exposed to content that is inaccurate, offensive, or objectionable, and you agree to waive any legal or equitable rights or remedies against StrongMind with respect to such content. StrongMind does not endorse any User Content or opinions expressed therein and disclaims all liability related to User Content.

6.6. Feedback.

We value your feedback regarding our Services. By submitting suggestions, ideas, or feedback, you agree that StrongMind may use, share, and incorporate your feedback without obligation or compensation to you. You grant StrongMind a royalty-free, worldwide, irrevocable, perpetual license to use and integrate your feedback into our Services or develop new features and improvements.

7. Digital Millennium Copyright Act (DMCA)

It is StrongMind’s policy to respond promptly to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the StrongMind platform, please refer to StrongMind’s DMCA Notification Guidelines for detailed instructions on how to file a notice.

StrongMind reserves the right to terminate, without prior notice, any User’s access to the Services if the User is determined to be a “repeat infringer.” A repeat infringer is defined as a User who has received multiple notifications from StrongMind regarding copyright violations (typically more than two) or whose User Content has been removed from the Services on more than two occasions due to copyright infringement.

StrongMind takes copyright protection seriously and will take appropriate action as required under applicable law. If you have any questions regarding the DMCA process, please contact us using the information provided in our DMCA Notification Guidelines.

Digital Millennium Copyright Act Notification Guidelines

Notification of Infringement

At StrongMind, we respect the intellectual property rights of others and respond promptly to clear notices of alleged copyright infringement, as required by the Digital Millennium Copyright Act (“DMCA”). This page outlines the necessary information for submitting a DMCA notice to StrongMind. Upon receipt of a valid DMCA-compliant notice, StrongMind will promptly remove or disable access to the content identified in the notice.

If you are the copyright owner or an authorized agent acting on behalf of the copyright owner and wish to file a notice of copyright infringement, please provide StrongMind’s Designated Copyright Agent with the following information in writing (for further guidance, please see 17 U.S.C. Section 512(c)(3) or consult with legal counsel):

1. Signature: A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
2. Identification of Copyrighted Work: A clear identification of the copyrighted work claimed to have been infringed. If the notice addresses multiple copyrighted works on the StrongMind platform, a representative list of such works is acceptable.
3. Identification of Infringing Material: A description of the material claimed to be infringing, or to be the subject of infringing activity, and information reasonably sufficient to enable StrongMind to locate the material (such as a specific URL).
4. Contact Information: Information sufficient to allow StrongMind to contact you, including your address, telephone number, and, if available, an email address.
5. Statement of Good Faith: A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. Accuracy and Authority Statement: A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Important: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages. If you are unsure whether the material infringes your copyright, please seek legal advice before submitting a notice.

Counter-Notification

If you believe that content you posted to the StrongMind platform was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification under Sections 512(g)(2) and (3) of the DMCA. To be effective, your counter-notice must include the following:

1. Signature: A physical or electronic signature of the subscriber.
2. Identification of Removed Material: A description of the material that has been removed or to which access has been disabled, including the location where the material appeared before it was removed or disabled.
3. Good Faith Statement: A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. Subscriber Information: Your name, address, and telephone number, along with a statement that you consent to the jurisdiction of the Federal District Court for the judicial district where your address is located, or if outside the United States, for any judicial district where StrongMind may be found. You must also agree to accept service of process from the person who filed the original DMCA notice or an agent of such person.

Important: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be liable for damages.

Designated Copyright Agent

StrongMind’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:

• Address: StrongMind, Attn: Legal Department, 2501 North Arizona Avenue, Chandler, Arizona 85225
• Phone: (855) 650-6774
• Email: [email protected]

Note: Only DMCA notices should be sent to the Designated Copyright Agent. For other inquiries, please contact us at [email protected]. Failure to comply with all the requirements of this section may result in your DMCA notice being invalid.

Account Termination

In accordance with the DMCA and other applicable laws, StrongMind reserves the right to terminate, without prior notice, the accounts of users who are deemed to be “repeat infringers.” A repeat infringer is any user who has been notified of infringing activity more than twice or has had content removed from the platform more than twice due to copyright violations.

If you have any questions or require further assistance regarding DMCA notices or counter-notices, please contact our Designated Copyright Agent.

8. Proprietary Materials; Licenses

8.1. Proprietary Materials.

The StrongMind platform, including all associated services and content, is owned and operated by StrongMind. The visual interfaces, graphics, design, compilation, information, computer code (including both source and object code), software, services, content, educational videos, exercises, training materials, professional learning resources, and all other elements of the platform (collectively, the “Services Materials”) are protected by United States and international intellectual property laws, conventions, and other applicable regulations. All rights to the Services Materials, including any trademarks, service marks, and trade names featured within or accessible through the platform, are owned by or licensed to StrongMind. Unless expressly granted within these Terms, StrongMind reserves all rights to the Services Materials.

8.2. Access to Pilots and Betas; “As Is”; No Guarantees; No Representation or Warranties.

8.2.1. StrongMind may periodically offer pilot programs (“Pilots”) or grant users access to pre-release services that are under development, including prototype or experimental features (“Betas”). Pilots and Betas may be available for limited periods or as part of specific pilot program terms.

8.2.2. You acknowledge and agree that:

• Participation in a Pilot or use of Betas may grant access on a preview basis before general availability.
• Betas may still be in the testing, evaluation, and improvement phase, including the collection of user feedback for development purposes. Betas are provided “as-is.”
• Participation in a Pilot or use of Betas is governed by these Terms and any additional terms specified by StrongMind.
• Betas may contain errors or bugs, may be incomplete, and might never be made generally available.
• StrongMind may charge fees for use of Pilots or Betas, with prior notice to users.
• StrongMind is not obligated to support Pilots or Betas, and users should not rely on the continued availability of these features.
• StrongMind reserves the right to discontinue or change Pilots or Betas without notice.

8.2.3. StrongMind retains the right to select Pilot or Beta participants, modify participation terms, suspend access, or terminate the Pilot or Beta at any time. By participating in a Pilot or Beta, you affirm that you meet the eligibility criteria.

8.2.4. YOU ACKNOWLEDGE THAT PILOTS AND BETAS MAY FUNCTION FOR A LIMITED TIME, CONTAIN LIMITED FEATURES, OR INCLUDE ERRORS. STRONGMIND PROVIDES THESE FEATURES “AS IS,” WITHOUT ANY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. IN CASE OF CONFLICT, THIS SECTION TAKES PRECEDENCE OVER OTHER TERMS RELATED TO PILOTS AND BETAS.

8.3. Licensed Educational Content.

StrongMind may make available educational videos, exercises, and related supplementary materials owned or licensed by StrongMind or third-party licensors (the “Licensed Educational Content”). StrongMind grants you a limited, non-exclusive, non-transferable right to access and use the Licensed Educational Content solely for your personal, non-commercial use. Unless otherwise indicated, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.

8.3.1. Alternate Licenses.

Certain Licensed Educational Content may be made available under alternate license terms (e.g., a variant of the Creative Commons License). Where specified, your use of such content is governed by the applicable Alternate License. By accessing or using such content, you agree to abide by the terms of the Alternate License.

8.3.2. Creative Commons License.

Unless otherwise stated, references to the “Creative Commons” license on the StrongMind platform refer to the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License.

8.4. Licensed Educational Code.

StrongMind may offer or allow users to create educational source code through its platform, especially in coding or computer science modules (the “Licensed Educational Code”). Unless otherwise specified, all Licensed Educational Code is owned by StrongMind or its licensors and is made available under the terms of the MIT License. By using such code, you agree to comply with the terms of the MIT License.

8.5. Non-Commercial Use.

Licensed Educational Content and Licensed Educational Code are intended solely for personal, non-commercial use. Even if content is shared under an Alternate License, it may not be used, distributed, or otherwise exploited for commercial purposes without prior written consent from StrongMind.

8.5.1. Impermissible Uses.

The following uses of Licensed Educational Content are explicitly prohibited:

• Selling or renting any part of the Licensed Educational Content, derivative works, or any collection that includes Licensed Educational Content.
• Offering training, support, or editorial services utilizing the Licensed Educational Content in exchange for a fee.
• Placing advertisements, sponsorships, or promotions on any platform or website featuring the Licensed Educational Content.
• Using Licensed Educational Content in any manner that results in a commercial advantage or private financial gain, regardless of whether the user is a non-profit or commercial entity.

8.5.2. Use Characterization.

Determining whether a use is non-commercial depends on the use itself, not the nature of the user. For instance, a for-profit entity using the content for internal training without charging fees is considered non-commercial. Conversely, a non-profit charging fees for content-based training is deemed commercial use.

8.6. Crediting StrongMind.

If you distribute, publicly perform, display, transmit, publish, or otherwise make available any Licensed Educational Content or derivative works, you must prominently include the following attribution:

“All StrongMind content is available for authorized use at www.strongmind.com.”

You must also follow the StrongMind brand guidelines when using the content.

If you have questions regarding licensing or permissible use of StrongMind content, please contact [email protected].

9. Prohibited Conduct

By using StrongMind’s services, you agree not to engage in any of the following prohibited activities:

9.1. Unauthorized Use and Exploitation

• Do not use any part of the Services, the website, or your access to the Services to reproduce, duplicate, copy, sell, resell, or otherwise exploit any aspect of the platform for commercial purposes unless expressly authorized in writing by StrongMind. The Services are intended strictly for personal, non-commercial use.
• Except where explicitly permitted under relevant sections of these Terms, do not rent, lease, loan, sell, sublicense, distribute, or transfer any licenses related to Services Materials.

9.2. Inappropriate Content and Behavior

• Do not post, upload, generate, promote, or distribute any content that is defamatory, discriminatory, libelous, inaccurate, or otherwise violates applicable laws. This includes but is not limited to content targeting individuals based on religion, race, sexual orientation, gender, nationality, or ethnicity.
• Do not create, share, or distribute any content that a reasonable person would find objectionable, offensive, indecent, pornographic, sexually explicit, harassing, threatening, invasive of privacy, vulgar, hateful, promoting violence, self-harm, harm to others, hate speech, misinformation, false content, malware, or politically misleading materials.
• Do not use the Services to harm minors or engage in any conduct that violates StrongMind’s Community Guidelines.
• Do not impersonate any person or entity, falsely claim affiliation with any person or organization, or access other Users’ accounts without permission. Creating accounts via automated means, misleading users regarding human-generated content, or engaging in fraudulent activities is strictly prohibited.

9.3. Misuse of Educational Integrity

• Do not use the platform to commit acts of academic dishonesty, including cheating or other forms of educational misconduct.
• Do not develop or use software, scripts, bots, or automated methods to scrape or extract data, lessons, or other content from the Services.

9.4. Improper Use of Data and Intellectual Property

• Do not use the Services, content, data, or outputs for developing, creating, training, fine-tuning, or improving machine learning algorithms or AI models for personal or third-party use.
• Do not delete, obscure, or alter any copyright or proprietary notices on the Services or in any Licensed Educational Content, Licensed Educational Code, or User Content.
• Do not assert, or encourage third parties to assert, intellectual property infringement claims against StrongMind or its affiliates concerning any Licensed Educational Content, Licensed Educational Code, or User Content you have used or shared through the Services.

9.5. Unsolicited Communications and Spam

• Do not make unsolicited offers, send advertisements, proposals, or transmit spam to other users. This includes but is not limited to promotional materials, political solicitations, bulk emails, chain letters, or any other form of mass communication.

9.6. Illegal and Unethical Conduct

• Do not use the Services for any unlawful purpose, or in violation of any local, state, national, or international law, including laws related to intellectual property, data protection, and privacy.
• Do not defame, harass, abuse, bully, threaten, or defraud other Users of the Services. Do not collect or attempt to collect personal information from Users or third parties without their consent.

9.7. Security Violations

• Do not probe, scan, or test the vulnerability of any system or network within the Services. Do not attempt to bypass or circumvent any security features or authentication measures.
• Do not interfere with or disrupt the Services, servers, or networks connected to the Services, including by means of sending viruses, malware, adware, spyware, worms, or any other malicious code.
• Do not participate in denial-of-service attacks, model jailbreaks, prompt injection attacks, or any actions intended to harm the functionality of the Services or compromise user experiences.

9.8. Reverse Engineering and Derivative Works

• Do not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof, except where expressly permitted by applicable law.
• Do not modify, adapt, translate, or create derivative works of the Services without prior written consent from StrongMind.

9.9. Unauthorized Interference

• Do not intentionally interfere with or damage the operation of the Services or any User’s use of it. This includes engaging in activities that could lead to the degradation of performance or usability for others.
• Do not manipulate or distort any part of the Services in a way that could harm other users, StrongMind’s infrastructure, or the overall educational experience.

9.10. Consequences of Violating These Terms

StrongMind reserves the right to take appropriate legal action, including termination of your account and access to the Services, if you violate any of these prohibited conduct terms. Additionally, StrongMind may report illegal activities to appropriate authorities and cooperate with any investigations or legal actions resulting from violations.

If you become aware of any misuse of the Services or violation of these terms, please report it immediately to StrongMind’s support team.

10. Specific Account Functionality and AI-Enabled Features

This section outlines additional terms that apply to specific features or functionalities within StrongMind’s platform. Some features may be subject to geographic restrictions or may only be accessible to Users who meet specific eligibility requirements. Additional terms and conditions may apply to these features.

10.1. Integrated Services

StrongMind may allow you to register for our platform using third-party social networking or integrated services, such as Facebook Connect or Google (referred to as “Integrated Services”). By using an Integrated Service to register or link your StrongMind account, you agree that StrongMind can access and utilize certain information associated with your Integrated Service account, in accordance with our Privacy Policy.

You may revoke StrongMind’s access to your Integrated Service account at any time by adjusting the appropriate settings on that service. We encourage you to review your account settings on each Integrated Service to understand what information is shared with us and to make any desired adjustments.

Please note that Integrated Services are considered “Reference Sites” and StrongMind is not responsible for the data handling practices of these services. You are solely responsible for managing your interactions with Integrated Services. We recommend that you carefully review the privacy policies and terms of any Integrated Service that you use.

10.2. Linked Accounts

StrongMind allows Users to link a personal account with a School Account. This linking process enables a single StrongMind account to be accessed using multiple interfaces or login credentials, allowing for both personal and school-directed learning.

If you choose to link your personal account with your School Account, any learning activities or data generated—whether through personal or school use—may be accessible to authorized users of either account. Once linked, the accounts cannot be separated.

Linking accounts provides a comprehensive view of a Student’s progress, both inside and outside the classroom. This feature is designed to support continuous learning and provide School Personnel with a holistic view of Student performance. Upon termination of a School Account by authorized personnel, any learning activity associated with the linked personal account will be preserved.

10.3. AI-Enabled Features

10.3.1. Description

StrongMind offers certain features that are powered by artificial intelligence (AI), including interactive learning guides, chatbot functionalities, writing assistance, and other AI-driven educational tools (collectively referred to as “AI-Enabled Features”). These features use evolving AI technology that is subject to ongoing development and improvement.

10.3.2. Teacher Tools and AI Assistance

StrongMind provides AI-powered tools specifically for teachers, such as automated writing feedback and interactive tutoring aids. These tools are designed to support teachers in managing classroom tasks and enhancing student engagement. Access to these features is limited to those with verified teacher accounts. School Personnel are responsible for ensuring that the use of these tools complies with their school’s policies.

10.3.3. User-Generated AI Content

You and your authorized users may input content (text, summaries, or other data) into AI-Enabled Features to receive responses or outputs generated by the system. Both the input and the resulting output (collectively, “AI Content”) are considered user-generated content.

Since AI models are designed to learn and adapt, similar or identical outputs may be generated for different users. StrongMind does not guarantee that AI outputs are unique or copyright-protected. You are solely responsible for the accuracy and appropriateness of the inputs you provide and the resulting outputs you use. Always verify that your inputs do not infringe on third-party rights or violate any applicable law.

10.3.4. Change of AI-Enabled Features

The AI-Enabled Features provided by StrongMind may evolve over time and are considered “Beta” features, which means they may be modified, updated, or discontinued at any time. StrongMind reserves the right to change, add, or remove specific AI tools without liability. We do not guarantee the continued availability or accuracy of AI-Enabled Features.

10.3.5. Geographic and User Restrictions

Certain AI-Enabled Features may be restricted to specific geographic regions or available only to users who meet certain eligibility criteria.

 10.4. Guidelines for AI-Enabled Features

10.4.1. Responsible Use

Users and authorized personnel are expected to educate themselves and their students on the ethical and responsible use of AI. This includes verifying the accuracy of AI-generated content and ensuring it does not contain biased, misleading, or inappropriate information.

StrongMind recommends that teachers and School Personnel carefully review any outputs before using them for educational purposes. Training resources are available to help educators understand how to properly incorporate AI into their teaching practices.

10.4.2. School Personnel Responsibilities

School Personnel must use AI-Enabled Features in alignment with their institutional policies. These tools are designed to supplement, not replace, human judgment. Educators should not rely solely on AI tools for student assessment or decision-making. AI-Enabled Features should be seen as support mechanisms rather than conclusive evaluative tools.

10.4.3. Supervising Student Use

When AI-Enabled Features are used by individuals under the age of 18, a supervising adult, such as a parent or teacher, must be present. Supervisors should educate minors on the potential inaccuracies of AI outputs and discourage the input of personal or sensitive information. School Personnel are responsible for ensuring that students use AI-Enabled Features appropriately and safely.

10.4.4. Privacy and Data Usage

StrongMind’s AI-Enabled Features use AI models developed by third parties. While efforts are made to maintain user privacy, these features are not intended for processing personal or proprietary data. Users should avoid inputting sensitive or personally identifiable information.

10.4.5. Personal and Educational Use

AI-Enabled Features are intended for personal and educational purposes. If users choose to share content generated by these features, they must clearly indicate that the content was AI-generated and ensure compliance with all applicable laws and terms of use. Users must not use AI outputs for commercial purposes without explicit permission.

10.5. Important Considerations

StrongMind encourages users to critically assess AI outputs and use human judgment when evaluating content generated by AI tools. These features are designed to enhance the learning experience, but users should not assume that AI-generated content is accurate or authoritative without further validation.

By using StrongMind’s AI-Enabled Features, you acknowledge the experimental nature of AI and agree to use the content responsibly, while understanding the limitations and potential inaccuracies inherent in AI-generated information.

11. Third-Party Websites, Products, and Services; Links

The StrongMind platform may contain links to third-party websites or reference external services for the convenience of our users (collectively, “Reference Sites”). These links are provided solely as a resource to enhance your experience or provide additional information.

StrongMind does not endorse, approve, or guarantee the accuracy or quality of any content, products, services, or information found on these Reference Sites. Accessing or using any Reference Site is done entirely at your own discretion and risk. The terms and conditions governing your use of any Reference Site are determined solely by the operator of that site.

By using a Reference Site through StrongMind’s platform, you acknowledge that StrongMind is not responsible for the content, privacy practices, or terms of use of those external websites or services. We strongly encourage you to review the terms and policies of any Reference Site before engaging with its content or services.

ACCESS AND USE OF REFERENCE SITES, INCLUDING ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THEM, IS ENTIRELY AT YOUR OWN RISK.

12. Modification of the Terms

12.1. General

By creating an account with StrongMind, you agree to the Terms as they are presented on our website at the time of registration. StrongMind reserves the right to update, change, modify, add, or remove portions of these Terms at any time. We encourage you to periodically review the Terms and any related Guidelines to stay informed of any updates made after your account creation.

Your continued use of StrongMind’s Services following the posting of updated Terms signifies your acceptance of those changes. For significant changes to the Terms, StrongMind will make reasonable efforts to notify you, either by sending an email to the address associated with your account or by posting a notice directly on the platform. These updated Terms will become effective either upon your actual notice of the changes or 30 days after StrongMind has made reasonable efforts to notify you, whichever comes first.

However, changes introduced to address new features or for legal compliance will take effect immediately. If you do not accept the modified Terms, you must discontinue your use of the Services. Any disputes that arise will be governed by the version of the Terms in effect at the time the dispute occurred.

12.2. School Accounts

The following provisions apply specifically to School Accounts, in addition to the general terms outlined in Section 12.1 (General).

If StrongMind makes a change to how personal information within education records is used or shared that has a material adverse effect on Student Users or an Institution, and the Institution does not agree to the change, the Institution must notify StrongMind within thirty (30) days of receiving the notice of change, as specified in Section 18.1 (Notice).

If StrongMind receives timely notification from the Institution, the School Accounts maintained by that Institution will continue to be governed by the version of the Terms that were in effect immediately prior to the change (excluding changes related to new features or legal requirements) until the end of the current term specified in the Institution’s written service agreement with StrongMind. If no such agreement exists, the Terms prior to the change will apply until the end of the current school term.

If the Institution renews or continues to use the Services after this period, the renewal or continued use will be governed by StrongMind’s then-current Terms.

13. Term and Termination

13.1. Term

These Terms will remain in effect as long as you use the Services unless your account is terminated according to the provisions outlined here. Once terminated, you will no longer have the right to access or use the Services.

13.2. Termination by StrongMind

13.2.1. Service Availability and Changes

StrongMind provides access to its platform and most services without charge, thanks in part to the support of partners and contributors. While we strive to notify Users in advance of any termination or significant changes to our Services, we reserve the right to modify or discontinue any part of the Services at any time, as allowed by applicable law.

13.2.2. Violations of Terms

If we determine that you are using the Services in a manner inconsistent with these Terms, StrongMind reserves the right to take one or more of the following actions:

• (a) Restrict, suspend, or terminate your account (or any part thereof) or your access to the Services.
• (b) Remove or discard any or all of your account data, profile information, or User Content.

Such actions may be taken without prior notice, to the fullest extent permitted by law. StrongMind will not be liable to you or any third party for any termination or suspension of your account. Any suspected illegal, abusive, or fraudulent activity may be reported to relevant authorities.

13.2.3. Inactive Accounts

If your account remains inactive for an extended period, StrongMind may delete it according to our inactive account policy.

13.2.4. Unavailability of Specific Features

If a specific feature (including AI-Enabled Features) becomes unavailable due to factors outside of StrongMind’s control (e.g., third-party service interruptions, legal changes, or regulatory restrictions), StrongMind may modify, suspend, or terminate access to that feature for the duration necessary to resolve the issue.

13.3. Termination by You

If you are dissatisfied with any aspect of the Services, including any changes to these Terms, policies, or features, your sole remedy is to discontinue use of the Services. You may terminate these Terms at any time by deleting your account and ceasing to use all parts of the Services.

13.4. Termination of School Personnel, Child, and Student Accounts

Certain Users, such as Parents and School Personnel, may terminate their own accounts or accounts they created for Child or Student Users as follows:

13.4.1. Termination by School Personnel

School Personnel may terminate their own accounts or accounts created for Students by contacting StrongMind. However, an Institution may require that specific conditions be met before such accounts can be terminated.

• For accounts under a District Agreement, deletion will be processed according to the terms of that agreement.
• For accounts not covered by a District Agreement, the account holder or Parent may request termination.
• Prior to termination, StrongMind may invite Users or Parents to create a personal account to retain User-generated content or activity data. Establishing such personal accounts requires following StrongMind’s account setup process, including obtaining parental consent for users under 13.

13.4.2. Termination by Parents

If you are a Parent User with an account linked to your Child’s account, you may terminate the Child User’s account through the account settings or by contacting customer support. Verification of your identity may be required.

• If your child’s account was created by or associated with a school, you may need to request termination through the school before contacting StrongMind.
• For free accounts not covered by a StrongMind District subscription, you or your child may request deletion directly.

13.5. Responsibility for Pre-Termination Activity

Termination of these Terms, whether initiated by you or StrongMind, does not relieve you from responsibility for any activities or violations that occurred prior to termination. StrongMind reserves the right to pursue remedies for any breaches that took place before the termination of your account.

14. Representations and Warranties

You agree, represent, and warrant that you will not submit any User Content or use the Services in a way that:

1. Infringes on Rights: Violates, misappropriates, or infringes upon the intellectual property rights, publicity rights, privacy rights, or any other rights of any individual or entity.
2. Violates Laws: Breaches any applicable international, federal, state, or local laws, statutes, ordinances, or regulations, including but not limited to privacy and data protection laws (“Applicable Law”). This includes any action that would cause StrongMind to violate such laws.
3. Engages in Prohibited Conduct: Involves harmful, fraudulent, threatening, abusive, harassing, defamatory, obscene, vulgar, libelous, or otherwise inappropriate content as outlined in Section 9 of these Terms.
4. Jeopardizes Security: Compromises the security or functionality of your account or the Services, such as sharing your account credentials with others or submitting User Content that contains malware, viruses, or other harmful code.

Additionally, you represent, warrant, and agree that:

• Rights to User Content: You own or have secured all necessary rights to provide your User Content and to grant StrongMind the rights outlined in these Terms.
• Compliance: You will adhere to all Applicable Laws while using the Services.
• School Personnel Responsibilities: If you are acting as School Personnel, you acknowledge that it is your duty to provide required notifications and obtain necessary consents under Applicable Laws for students to use the Services or provide User Content. This includes, for U.S. schools, compliance with the Family Educational Rights and Privacy Act (FERPA) and the Children’s Online Privacy Protection Act (COPPA) when relying on School Consent.

By using the Services, you affirm that you meet these obligations and will take full responsibility for any consequences arising from your failure to comply.

15. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless StrongMind, its parent company, successors, affiliates, contractors, officers, directors, employees, agents, and third-party suppliers, licensors, and partners (collectively, “StrongMind Parties”) from and against any and all claims, losses, damages, liabilities, costs, expenses, judgments, settlements, and legal fees (collectively, “Claims”) arising out of or related to:

1. Your Use of the Services: Any access to or use of the Services by you that is not in full compliance with these Terms.
2. Violation of Applicable Laws: Any failure to comply with relevant local, state, national, or international laws, regulations, or rules in connection with your use of the Services, including any failure to obtain necessary consents or provide required notices.
3. Your User Content: Any claims related to your User Content, including but not limited to allegations that your content infringes upon the intellectual property rights, privacy rights, or other legal rights of a third party. This includes situations where the claim arises from User Content submitted by you or by anyone using your account or School Accounts.

StrongMind reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with StrongMind in asserting any available defenses. You may not settle any matter subject to indemnification without obtaining the prior written consent of StrongMind.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Services.

16. Warranty Disclaimers

16.1. General Warranty Disclaimers

The Services, website, and any related content, third-party content, external websites, third-party applications, user-generated content, and all data and information made available through the website or Services (collectively, the “StrongMind Offerings”) are provided on an “as-is,” “as available,” and “with all faults” basis. StrongMind and its affiliated entities make no guarantees that the StrongMind Offerings will:

• Meet your specific requirements or expectations
• Be error-free, accurate, uninterrupted, secure, or timely
• Be free from viruses, malware, or other harmful components
• Be suitable or reliable for any particular purpose

You understand and agree that your use of, access to, download, or obtaining of any content, software, data, or other materials through the Services (including any APIs) is done at your own risk. You assume full responsibility for any damage to your devices or data loss that may result from such actions.

To the maximum extent allowed by applicable law, StrongMind and its affiliated parties disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Accuracy, reliability, or performance
• Title and non-infringement
• Any warranties arising from the course of dealing or usage of trade

16.2. AI-Enabled Features Disclaimer

You acknowledge and agree that any content or output generated by StrongMind’s AI-enabled features, including but not limited to educational guidance, assistance, or generated responses, may:

• Contain errors, including mathematical inaccuracies
• Reflect incomplete, biased, or incorrect information
• Offer responses that may be perceived as objectionable or inappropriate
• Not account for changes in facts or situations that occurred after the AI model was trained
• Appear accurate due to specificity or detail but may include material inaccuracies

You should not rely solely on AI-generated output for factual accuracy without conducting independent verification. StrongMind explicitly disclaims any liability for errors, omissions, or inaccuracies in AI-generated content and encourages users to exercise critical judgment when evaluating the output.

16.3. Jurisdictional Limitations

Some states or jurisdictions do not allow the exclusion of implied warranties, so the disclaimers set forth in this section may not apply to you. You may also have additional rights that vary depending on your location. Where applicable law does not permit the exclusion of certain warranties, the extent of StrongMind’s liability will be limited to the fullest extent permitted.

17. Limitation of Liability and Damages

17.1. Limitation of Liability

To the fullest extent allowed by applicable law, StrongMind and its affiliated parties will not be held liable for any special, indirect, incidental, consequential, punitive, exemplary, or reliance damages. This includes, but is not limited to:

• Loss of business, revenue, or profits
• Data loss or corruption
• Business interruption
• Any other financial or non-financial damages, whether foreseeable or not

These limitations apply regardless of the legal theory on which the claim is based (contract, tort, negligence, warranty, etc.) and whether or not StrongMind has been advised of the possibility of such damages.

If applicable law does not permit the exclusion or limitation of certain damages, the above limitations may not apply to you. In such cases, StrongMind’s liability will be limited to the maximum extent permitted by law.

17.2. Limitation of Damages

Under no circumstances will the total cumulative liability of StrongMind and its affiliated parties, for all claims, damages, and causes of action arising from or related to the use of StrongMind’s services, exceed the greater of:

• The total amount you paid to StrongMind (if any) in the twelve months prior to the event giving rise to the claim
• One hundred dollars ($100)

If you are accessing the Services on behalf of an educational institution or for school use, this liability cap will be calculated based on the total amount paid by your institution to StrongMind in the preceding twelve months, or $100 if no payment was made. This cap applies collectively to all damages, losses, and claims suffered by you, your institution, or any associated users.

17.3. Basis of the Agreement

You acknowledge that StrongMind is providing its Services based on the warranty disclaimers and limitations of liability set forth in these Terms. These provisions reflect a fair and reasonable allocation of risk and are fundamental to StrongMind’s ability to offer its Services on an economically viable basis. Without these limitations, StrongMind would not be able to provide the Services to you at the current rates or conditions.

17.4. User Interactions and Release

17.4.1. User Disputes

StrongMind is not responsible for the actions, content, information, or conduct of other users or any third parties you may interact with through the Services. You are solely responsible for evaluating and assuming the risks associated with any interaction you have with other users, whether online or offline. StrongMind reserves the right, but has no obligation, to become involved in any disputes between users.

17.4.2. Release

If you have a dispute with one or more users, you agree to release StrongMind (and its affiliates, officers, directors, employees, and agents) from any and all claims, demands, and damages (actual or consequential) of any kind and nature, known and unknown, arising out of or connected with such disputes. This includes any loss of profits, reputation, data, or privacy.

If you are a resident of California, you expressly waive the protections of California Civil Code §1542, which states:

“A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by them would have materially affected their settlement with the debtor.”

If you reside outside California, you waive any similar rights under applicable local laws to the fullest extent allowed by law.

18. Miscellaneous (Including Dispute Resolution and Arbitration)

18.1. Notices

StrongMind may provide you with notices related to these Terms or the Services via email, postal mail, website postings, or other reasonable means. Notices sent by email will be deemed delivered 24 hours after being sent, unless StrongMind is notified that the email address is invalid. If StrongMind sends notice via postal mail to an address you provided, it will be deemed delivered three days after mailing. Notices posted on the website or within the Services will be deemed delivered 30 days after the initial posting.

If you need to send a notice to StrongMind, please use the following address:

StrongMind, 2501 N. Arizona Avenue, Chandler, Arizona 85225

Additionally, you may email us at [email protected].

18.2. Waiver

Failure by StrongMind to enforce any provision of these Terms does not constitute a waiver of that provision. Any waiver of any provision of these Terms will only be effective if in writing and signed by an authorized representative of StrongMind.

18.3. Governing Law

These Terms and any disputes arising out of or relating to them will be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.

18.4. Dispute Resolution and Arbitration

Please read this section carefully as it affects your legal rights. By agreeing to arbitration, you waive your right to file a lawsuit in court, including the right to a jury trial, and you waive the right to participate in any class action or similar proceeding. 

18.4.1. General Dispute Resolution

To facilitate efficient dispute resolution, both you and StrongMind agree that any legal claim, dispute, or controversy arising out of or related to your use of the Services or these Terms (a “Dispute”) will be resolved as outlined in this section, to the fullest extent permitted by law.

18.4.2. Notice of Dispute

If a Dispute arises, you or StrongMind must send the other a written notice containing:

• The name, address, and contact information of the party giving notice.
• A description of the nature of the Dispute.
• A proposed solution.

Send your Notice of Dispute via first-class U.S. Mail to:

StrongMind, 2501 N. Arizona Avenue, Chandler, Arizona 85225

Also, send a copy via email to [email protected].

StrongMind will send any Notice of Dispute to the postal or email address associated with your account. The parties will attempt in good faith to resolve the dispute informally within 60 days. If not resolved, either party may proceed to arbitration.

18.4.3. Binding Arbitration

If the Dispute is not resolved through negotiation within 60 days, it will be resolved through binding arbitration as described in this section. Arbitration will be conducted under the Federal Arbitration Act and administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitration will take place in Maricopa County, Arizona, and the decision of the arbitrator will be final and binding.

You agree that arbitration will be conducted on an individual basis only, and not as a class action or any other representative proceeding. The arbitrator may only award individual relief.

18.4.4. Class Action Waiver

You and StrongMind agree that any Dispute resolution proceedings will be conducted only on an individual basis. Neither party will seek to bring or participate in any class action, class arbitration, or any other representative proceeding. If a court decides that this waiver is unenforceable, any class or representative claim must be brought in a court of competent jurisdiction, not in arbitration.

18.4.5. Arbitration Procedures

A demand for arbitration must be signed by the party initiating arbitration and must certify compliance with the Federal Rule of Civil Procedure 11(b). Arbitration will be conducted by JAMS, and any hearing may be conducted by telephone or in person, as determined by the arbitrator. If the JAMS service is unavailable, the parties will mutually select an alternative arbitration provider.

18.4.6. Arbitration Fees

The party initiating the arbitration will pay the initial filing fee, unless the fee is waived or reduced under applicable rules. Each party will bear their own costs, including attorney’s fees, unless the arbitrator determines otherwise in accordance with applicable law.

18.4.7. Filing Period

Any Dispute under these Terms must be filed within one (1) year from the date the issue first occurred. If not filed within this period, the claim will be permanently barred.

18.4.8. Venue

If any Dispute cannot be resolved through arbitration, it will be resolved exclusively in the state or federal courts located in Maricopa County, Arizona. Both parties consent to the personal jurisdiction of these courts.

18.5. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

18.6. Assignment

You may not assign or transfer your rights under these Terms without the prior written consent of StrongMind. StrongMind may freely assign or transfer these Terms without restriction. Any attempted assignment in violation of these Terms is null and void.

18.7. Survival

Provisions that by their nature should survive termination will remain in effect, including but not limited to disclaimers, indemnities, and limitations of liability.

18.8. Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

18.9. Entire Agreement

These Terms, including the Privacy Policy and any additional guidelines, constitute the entire agreement between you and StrongMind with respect to the Services and supersede all prior agreements or understandings. Any modifications must be in writing and signed by both parties.

18.10. Disclosures

The Services are hosted in the United States and provided by:

StrongMind, 2501 N. Arizona Avenue, Chandler, Arizona 85225

By using the Services, you agree to these Terms. If you do not agree, you must discontinue use of the Services.