Please read these terms of use carefully. These Website Terms of Use (“Terms of Use”) are a legally binding agreement between School Synergy Corporation, a Delaware corporation (“Company,” “we,” “us,” or “our”), and you (“you,” or “your”). These Terms of Use govern your access to and use of our public-facing marketing website located at https://www.whitai.app/, together with any other websites owned or operated by us that link to these Terms of Use (collectively, the “Website”).
These Terms of Use apply to the Website’s public marketing and informational content. If you create an account, purchase a subscription, or otherwise access or use our WHIT educational platform and related services (the “Services”), the separate Terms of Service located at https://www.whitai.app/terms-of-service/ will govern your access to and use of those Services, even if you access the Services through the Website. These Terms of Use and the Terms of Service are independent; your acceptance of or compliance with one does not satisfy or waive the requirements of the other.
Your use of the Website is also subject to our Privacy Policy, located at https://www.whitai.app/privacy-policy/, which describes how we collect, use, and disclose personal information in connection with the Website and the Services, including through cookies and similar tracking technologies. The Privacy Policy is incorporated into and made a part of these Terms of Use. By using the Website, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
1. Eligibility
You must be at least 18 years of age to use the Website. By using the Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms of Use. If you are accessing the Website on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind that company or entity to these Terms of Use.
2. Your Responsibilities
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
You may use the Website only for lawful purposes and in accordance with these Terms of Use.
3. Our Intellectual Property Rights
3.1. Ownership. The Website and all of its contents, features, and functionality, including but not limited to all text, graphics, photographs, images, videos, illustrations, logos, trademarks, service marks, trade names, designs, data compilations, software, code, and their design, selection, and arrangement (collectively, “Website Content”), are owned by us, our licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We retain all right, title, and interest in and to the Website and Website Content.
3.2. Limited License. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Website and Website Content solely for your non-commercial, informational purposes. We may revoke this right at any time, for any reason, without notice or liability to you. This license does not include any right to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Website Content; (b) use any data mining, robots, scraper, or similar data gathering or extraction methods on the Website; (c) download (other than page caching), copy, or store any portion of the Website or Website Content, except as expressly permitted by us; (d) access the Website for any commercial purpose; (e) use the Website or Website Content other than for its intended purposes; or (f) use the Website or Website Content in any way that violates these Terms of Use.
3.3. Trademarks. “WHIT,” the WHIT logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
3.4. Reservation of Rights. We reserve all rights not expressly granted to you in these Terms of Use. Nothing in these Terms of Use grants you any right, title, or interest in or to the Website or Website Content, except for the limited license expressly set forth above. No license or right is granted to you by implication, estoppel, or otherwise.
4. Prohibited Conduct
4.1. Use Restrictions. You agree not to, directly or indirectly: (a) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website; (b) use any robot, spider, scraper, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any Website Content; (c) use any manual process to monitor or copy any Website Content or for any other unauthorized purpose without our prior written consent; (d) use any device, software, or routine that interferes with the proper working of the Website; (e) introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material; (f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, system, or database connected to the Website; (g) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (h) otherwise attempt to interfere with the proper working of the Website; (i) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Website or any underlying software; (j) use the Website Content to develop a product or service that is competitive with our products or services, or engage in competitive analysis or benchmarking; (k) frame, mirror, deep link to, or otherwise incorporate any part of the Website into any other website or service without our prior written consent; (l) use any Website Content to train, develop, or improve any artificial intelligence, machine learning, or similar algorithm or technology, whether for commercial or non-commercial purposes, without our prior written consent; (m) systematically collect, aggregate, or compile Website Content, including pricing information, service descriptions, customer testimonials, or other proprietary information, for any commercial purpose; (n) resell, license, sublicense, or commercially redistribute any Website Content; or (o) use the Website for any unlawful purpose or in violation of any applicable law, rule, or regulation.
4.2. Access Suspension and Termination. We reserve the right, in our sole discretion and without prior notice or liability, to suspend, restrict, or terminate your access to all or any part of the Website at any time, for any reason or no reason, including if we believe that you have violated or acted inconsistently with these Terms of Use. Any suspension, restriction, or termination of your access under this Section will not constitute a breach of these Terms of Use by us. Upon any such suspension or termination, your right to use the Website will immediately cease. We will have no liability to you or any third party for any suspension, restriction, or termination of your access to the Website.
5. User-Submitted Content
5.1. Submissions. The Website may allow you to submit information voluntarily to us, such as through contact forms, email inquiries, demo requests, newsletter sign-ups, feedback, comments, or similar features (“User Submissions”). You retain ownership of any User Submissions you provide; however, by submitting User Submissions, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such User Submissions for any lawful business purpose, including marketing, advertising, and improving the Website and Services.
5.2. Representations. You represent and warrant that: (a) you own or control all rights in and to your User Submissions; (b) your User Submissions do not violate, infringe, or misappropriate any third party’s intellectual property or proprietary rights; (c) your User Submissions do not contain any material that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive, or harassing; and (d) your User Submissions comply with these Terms of Use and all applicable laws.
5.3. No Obligation. We have no obligation to review, respond to, acknowledge, use, post, or act upon any User Submission. Except as required by applicable law, we owe no duty of confidentiality or fiduciary duty to you with respect to any User Submission, regardless of any designation or marking you may apply to it. You should not submit any information that you consider confidential or proprietary (other than personal information necessary to respond to your inquiry). We reserve the right to refuse to accept, remove, or decline to use any User Submission at any time, in our sole discretion and without notice or liability to you.
6. Third-Party Links and Content
The Website may contain links to third-party websites, services, or resources that are not owned or controlled by us (“Third-Party Links”). We provide Third-Party Links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links or their content, products, or services. Your use of Third-Party Links is at your own risk. We are not responsible for the content, accuracy, or opinions expressed on third-party websites, and such websites are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. When you leave the Website via a Third-Party Link, these Terms of Use and our policies no longer apply. You should review the applicable terms and policies, including privacy and data-gathering practices, of any third-party website to which you navigate from the Website.
7. Disclaimers
7.1. “As Is” Basis. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT: (A) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY WEBSITE CONTENT WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR CURRENTNESS OF ANY WEBSITE CONTENT, INCLUDING ANY THIRD-PARTY CONTENT DISPLAYED ON THE WEBSITE, OR THAT THE WEBSITE WILL BE COMPATIBLE WITH YOUR DEVICE, BROWSER, OR OPERATING SYSTEM. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above disclaimers may not apply to you.
7.2. Informational Purposes Only. All information on the Website is provided for general informational purposes only and does not constitute professional advice, and you should not rely on Website Content as a substitute for professional advice. We are not responsible for any decisions you make based on Website Content.
7.3. Availability. We do not guarantee that the Website will be available at all times. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you, and we may restrict user access to some parts of or the entire Website in our sole discretion. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We will have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance.
7.4. Viruses and Security. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
8. Indemnification
You agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Website; (b) your User Submissions; (c) your violation of these Terms of Use; or (d) your violation of any applicable law or the rights of any third party.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE WILL NOT EXCEED FIFTY UNITED STATES DOLLARS ($50.00). THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND WILL APPLY REGARDLESS OF WHETHER THE LIMITED REMEDIES IN THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above exclusions and limitations may not apply to you.
10. Modifications
We reserve the right to modify these Terms of Use at any time in our sole discretion. If we make changes, we will update the “Last Updated” date at the top of these Terms of Use. Your continued use of the Website after any such modification constitutes your acceptance of the modified Terms of Use. We encourage you to review these Terms of Use periodically. If you do not agree to any modification, your sole remedy is to discontinue use of the Website.
11. Dispute Resolution
11.1. Governing Law. These Terms of Use and any dispute arising out of or relating to these Terms of Use or the Website will be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles.
11.2. Informal Resolution. Before initiating any legal proceeding, you agree to first contact us at admin@whitai.app and in good faith attempt to resolve any dispute informally for at least sixty (60) days. Most disputes can be resolved informally in this manner.
11.3. Exclusive Jurisdiction. If a dispute is not resolved informally, you agree that any legal action or proceeding arising out of or relating to these Terms of Use or the Website will be brought exclusively in the federal or state courts located in Los Angeles County, California. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
11.4. Limitations Period. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THAT CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12. International Use
We operate our Website from within the United States. We make no representation that the Website or Website Content is appropriate or available for use in locations outside the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with all applicable local laws. You agree not to access the Website from any territory where its content is illegal or where your access would violate any applicable law or regulation.
13. General Provisions
13.1. Entire Agreement. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Company with respect to your use of the Website and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, whether written or oral, with respect to the Website. As stated in the introduction, if you purchase or use the Services, your use of the Services is governed by the separate Terms of Service.
13.2. Severability. If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable, such provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving our original intent, and the remaining provisions will remain in full force and effect.
13.3. Assignment. You may not assign or transfer these Terms of Use, or any of your rights or obligations under these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this Section will be null and void. We may assign or transfer these Terms of Use, in whole or in part, at any time without your consent.
13.4. No Waiver. No waiver by us of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.
14. Contact Information
If you have any questions about these Terms of Use or the Website, please contact us at admin@whitai.app.