MCAT TUTORIUM TERMS OF SERVICE

Last Updated: March 1, 2025

1. AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you and Tutorium LLC ("Company," "we," "us," or "our") governing your access to and use of the MCAT Tutorium application, website, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. ELIGIBILITY

You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To access certain features of the Service, you must register for an account. During registration, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your password and account information. You agree to:

• Create a strong password
• Not share your account credentials with others
• Notify us immediately of any unauthorized access to or use of your account
• Log out from your account at the end of each session when using shared devices

3.3 Account Termination

We reserve the right to suspend or terminate your account and access to the Service if you violate these Terms or if we determine, in our sole discretion, that your use of the Service poses a risk to the Service or other users.

4. SUBSCRIPTION AND PAYMENTS

4.1 Subscription Options

We offer various subscription plans for access to premium features of the Service. The specific features, pricing, and duration of each plan will be displayed at the time of purchase.

4.2 Payment

You agree to pay all fees associated with your selected subscription plan. All payments are processed through third-party payment processors. By providing payment information, you represent that you are authorized to use the payment method.

4.3 Automatic Renewal

Subscriptions automatically renew for the same term at the then-current rate unless canceled before the renewal date. You can manage or cancel your subscription through your account settings or by contacting customer support.

4.4 Refunds

Refund requests will be handled in accordance with applicable law and our refund policy, which is available on our website and may be updated from time to time.

5. USER CONDUCT

5.1 Prohibited Activities

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to reverse engineer, decompile, or disassemble any portion of the Service
• Share your account or login credentials with others
• Submit or transmit false, misleading, or inaccurate information
• Use automated scripts to access or interact with the Service
• Share, distribute, or publicly display content from the Service without authorization
• Attempt to manipulate your performance data or results
• Use the Service to cheat on actual MCAT exams or violate any testing regulations

5.2 Content Standards

Any content you submit to the Service must not:

• Infringe upon intellectual property rights
• Contain harmful or malicious code
• Violate any person's privacy or publicity rights
• Contain sexually explicit, discriminatory, or offensive material

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Intellectual Property

The Service, including all content, features, and functionality, is owned by us or our licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any portion of the Service without our prior written consent.

6.2 User Content

You retain ownership of any content you submit to the Service ("User Content"). By submitting User Content, you grant us a non-exclusive, transferable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, and display such User Content in connection with operating and improving the Service.

7. DISCLAIMERS

7.1 Educational Tool

The Service is provided as an educational tool to assist with MCAT preparation. We do not guarantee specific test scores or admission results. Your performance on the actual MCAT depends on multiple factors beyond our control.

7.2 Service Provided "AS IS"

The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.3 Accuracy

While we strive for accuracy, we do not warrant that the content provided through the Service is accurate, complete, or up-to-date. The MCAT is subject to changes, and while we make efforts to keep our content current, there may be discrepancies between our content and the actual exam.

8. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will we or our affiliates, directors, employees, or agents be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Service.

Our total liability for any claims related to the Service will not exceed the amount you paid for the Service during the 12 months preceding the claim.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

10. CHANGES TO TERMS OR SERVICE

10.1 Changes to Terms

We may modify these Terms at any time by posting the revised Terms on our website or within the app. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. For significant changes, we will make reasonable efforts to notify you through the Service or via email.

10.2 Changes to Service

We reserve the right to modify, update, or discontinue the Service (or any part thereof) at any time. We will make reasonable efforts to provide notice of material changes. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

11. PRIVACY

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall be finally settled by binding arbitration, under the rules of the American Arbitration Association, by one or more arbitrators appointed in accordance with said rules. The arbitration shall take place in San Francisco, California, and shall be conducted in English.

13. SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

14. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings, whether written or oral.

15. CONTACT INFORMATION

If you have any questions about these Terms, please contact us through our website's Contact page or by emailing support@tutorium.app.