Terms of Use

Last Updated: December 2024

1. Acceptance of Terms

Welcome to PrepCurve. These Terms of Use ("Terms") constitute a legally binding agreement between you and PrepCurve ("Company," "we," "us," or "our") governing your access to and use of the PrepCurve website, mobile applications, and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.

2. Eligibility

To use the Service, you must:

  • Be at least 13 years of age. If you are under 13, you may not use the Service.
  • If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you must have obtained consent from your parent or legal guardian to use the Service and agree to these Terms on your behalf.
  • Have the legal capacity to enter into a binding agreement.
  • Not be prohibited from using the Service under applicable laws.

By using the Service, you represent and warrant that you meet all eligibility requirements.

3. Account Registration and Security

To access certain features of the Service, you must create an account. When registering, you agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain and promptly update your account information to keep it accurate and complete.
  • Maintain the confidentiality of your password and account credentials.
  • Accept responsibility for all activities that occur under your account.
  • Notify us immediately of any unauthorized use of your account or any other security breach.

You may not share your account credentials with others, create multiple accounts, or use another person's account without permission. We reserve the right to suspend or terminate accounts that violate these provisions.

4. License Grant and Usage Rights

Subject to your compliance with these Terms, PrepCurve grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial educational purposes.

This license does not include the right to:

  • Modify, reproduce, distribute, or create derivative works based on the Service or its content.
  • Use the Service for any commercial purpose, including teaching, tutoring, or reselling content.
  • Share, transfer, or sublicense your access to others.
  • Download, copy, or store content except as explicitly permitted by the Service.
  • Use automated systems, bots, or scripts to access the Service.
  • Reverse engineer, decompile, or disassemble any portion of the Service.

5. Intellectual Property Rights

The Service and all content, features, and functionality (including but not limited to text, graphics, images, videos, questions, explanations, software, and trademarks) are owned by PrepCurve or its licensors and are protected by copyright, trademark, and other intellectual property laws.

The PrepCurve name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PrepCurve. You may not use these marks without our prior written permission.

SAT® is a trademark registered by the College Board, which is not affiliated with, and does not endorse, PrepCurve or this website.

6. User Conduct

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws, regulations, or third-party rights.
  • Uploading or transmitting viruses, malware, or other harmful code.
  • Attempting to gain unauthorized access to the Service, other accounts, or computer systems.
  • Interfering with or disrupting the Service or servers connected to the Service.
  • Harassing, threatening, or intimidating other users.
  • Posting false, misleading, or defamatory content.
  • Collecting or harvesting user information without consent.
  • Using the Service to send spam or unsolicited communications.
  • Impersonating any person or entity or misrepresenting your affiliation.
  • Circumventing any technological measures designed to protect the Service.

7. Subscriptions and Payments

Free Tier: PrepCurve offers a free tier with limited features. Free tier access may be modified or discontinued at any time.

Paid Subscriptions: Premium features require a paid subscription. By subscribing, you agree to pay the applicable fees. Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selection).

Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for each renewal.

Cancellation: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial subscription periods.

Price Changes: We reserve the right to modify subscription prices. Price changes will take effect at the start of your next billing period following notice.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PrepCurve does not warrant that:

  • The Service will be uninterrupted, secure, or error-free.
  • The results obtained from using the Service will be accurate or reliable.
  • Any defects in the Service will be corrected.
  • Use of the Service will result in any particular score improvement on actual examinations.

No Score Guarantee: While PrepCurve is designed to help you prepare for standardized tests, we do not guarantee any specific score improvement or outcome on actual examinations. Test scores depend on many factors including individual effort, test-day conditions, and other variables outside our control.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PREPCURVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

IN NO EVENT SHALL PREPCURVE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE AMOUNT YOU PAID TO PREPCURVE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless PrepCurve and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Service.
  • Your violation of these Terms.
  • Your violation of any rights of another person or entity.
  • Any content you submit or transmit through the Service.

11. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

  • Violation of these Terms.
  • Fraudulent, abusive, or illegal activity.
  • Non-payment of fees.
  • Extended periods of inactivity.
  • Requests by law enforcement or government agencies.

Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

12. Governing Law and Dispute Resolution

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

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and PrepCurve regarding the Service.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14. Contact Us

If you have any questions about these Terms, please contact us at:

Email: legal@prepcurve.com
Address: PrepCurve, Inc.