CLASSFUL TERMS OF USE
These Terms of Use constitute a legally binding agreement (the “Agreement”) between you (collectively, “you,” “your,” or “User(s)”) and Classful, LLC. (collectively, “Classful,” “us,” “we,” “Company,” or “our”) governing your use of the services on https://classful.com (“Website”), any Classful mobile application (“App”), and any other services or platforms that Classful may offer (collectively, the “Platform”).
1. ACCEPTANCE OF TERMS
a. By accessing the Platform, accessing or using any information, Platform features, or resources available or enabled via the Platform, clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, or completing the Classful account registration process, you hereby represent that:
i. You have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time or through the Platform
ii. You are of legal age in the jurisdiction in which you reside to form a binding contract with Classful
iii. You have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity you have named as the user during the Classful account registration process and to bind that company, organization, or entity to this Agreement.
b. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Platform.
2. DESCRIPTION OF THE PLATFORM
a. Types of Users
i. The term “you” and “User” as used in this Agreement will apply to all Classful users, persons that visit the Website or App, and individuals or users who access and use the Platform on their own behalf or on behalf of an entity.
ii. Users that use the Platform to share content, post job listings, and/or offer courses may also be referred to in this Agreement as “Providers.”
iii. Users that use the Platform to offer, promote, and sell physical or digital goods may also be referred to in this agreement as “Sellers.”
iv. If you use the Platform to purchase content and/or participate in courses, we may refer to you as “Consumers.”
v. If you use the Platform to seek donations for causes or campaigns, we may refer to you as “Fundraisers.”
vi. If you use the Platform to donate to causes or campaigns, we may refer to you as “Donors.”
vii. Individuals that visit the Website and any related subdomains may also be referred to as “Visitors.”
b. Relationship with Classful
i. Classful merely makes the Platform available to enable Users to find and interact or transact directly with each other. Classful helps Consumers and Donors find and connect with Providers and/or Fundraisers, and their respective products, course, and/or campaigns, but it is not a party to any transactions between Users, nor is Classful responsible for fulfilling transactions for products/services purchased through other Users using the Platform. Through the Platform, Providers or Fundraisers may be notified of Consumers or Donors that may be seeking the products or services they offer, and Consumers or Donors may be notified of Providers or Fundraisers that may offer the products, courses, or fundraising campaigns they seek; at all times, however, Consumers and Donors are responsible for evaluating and determining the suitability of any products/services, courses, campaigns or causes, Providers, and/or Fundraisers on their own.
ii. As provider of the Platform, Classful does not own, control, or manage any User. You agree that Classful is not liable or responsible for the actions of Users, the products, services, courses, and/or campaigns that Users offer and/or sell, and/or the content that Users publish on or send through the Platform. Purchases from Providers and/or donations to Fundraisers are subject to the Provider’s or Fundraiser’s terms of service and policies.
iii. Descriptions of products, services, courses, and fundraising campaigns appearing on the Platform are created by third parties. Classful does not warrant that product descriptions, course descriptions, campaign descriptions, or other third-party content on the Platform are in any way accurate, complete, reliable, current, or error-free. Classful makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Platform, or regarding suggestions or recommendations of products/services, courses, and campaigns offered or promoted through the Platform.
iv. Classful uses automated ranking and recommendation systems to personalize content for Users based on their activity and preferences. These systems influence the visibility of posts, products, and other content across the Platform. In compliance with the Digital Services Act (DSA) transparency requirements, Users are provided with the option to learn more about how these systems work and how their data is used. Additionally, Users have the ability to opt out of algorithmic recommendations and switch to a chronological feed, offering greater control over the content they see.
v. You acknowledge and agree that Classful is not an agent of any User, and that Users operate independently and are not under Classful’s control. Accordingly, your participation in offers or promotions of, or correspondence with, any User is solely between you and that User. Classful does not assume any liability, obligation, or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Classful is not responsible for any User’s withdrawal from the Platform. If you are a California resident, you hereby waive California Civil Code Section 1542, which provides, in relevant part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
3. RULES AND RESTRICTIONS
a. Account Eligibility
i. Before you can use the Platform, you will need to register for an account (“Account”). Users can create an Account by logging in through certain social media networks or pre-existing accounts on external platforms or websites, as identified on the Platform (“External Accounts”). We may also allow users to register for an Account manually. We reserve the right to bar anyone from registering for an Account.
ii. By using the Platform or registering for an Account, you represent and warrant that:
– You are at least 18 years old
– You are legally qualified to enter a binding contract with Classful
– You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country
– You are not on any list of individuals prohibited from conducting business with the United States
– You are not prohibited by law from using the Platform
– You do not have more than one Account
– You have not previously been removed from the Platform by Classful, unless you have our express written permission to create a new Account
iii. The Platform is not available to persons under the age of 18 without supervision. If you are under the age of fourteen and/or the age of legal majority in your jurisdiction of residence, you may not use the Platform without supervision.
iv. When using the Platform or creating an Account on behalf of a company, entity, or organization (collectively, “User Organization”), you represent and warrant that you: (1) are an authorized representative of that User Organization with the authority to bind that organization to this Agreement and grant the licenses set forth herein; and (2) agree to the terms of this Agreement on behalf of such User Organization.
v. We may use a combination of automated systems and a team of moderators to monitor and review the Platform for content or conduct that indicates breach of this Agreement. We reserve the right, at our sole discretion, to terminate or suspend any Account, restrict access to the Platform, or make use of any operational, technological, legal, or other means available to enforce this Agreement (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
vi. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend any Account without notice for (1) violating these terms, (2) if we determine that your conduct on the Platform was inappropriate or improper, (3) if we, or our affiliates, determine that your conduct on other platforms or services operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid services or features for which you have already been charged.
b. General User Responsibilities
i. While using the Platform, you agree that you will:
– Comply with this Agreement and check this page occasionally to ensure you are aware of any changes to our policies
– Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements
– Use the latest version of the Platform
– Treat other Users in a courteous and respectful manner and review and abide by our community principles and guidelines
– Be respectful when communicating with any of our customer service representatives or other employees
– Maintain a strong password and take reasonable measures to protect the security of your login credentials
ii. Subject to this Agreement and any other Classful policies, you may share political opinions; participate in political activity; provide links to a political committee’s official website, including the contribution page of a political committee; and solicit viewers to make contributions directly to a political committee. You agree, however, that these activities are entirely your own. Moreover, by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.
c. Job Posting Rules
i. The terms set forth in this section apply to all Users who post job listings on the Platform.
ii. Job listings posted to the Platform must be clear, honest, and complete. Specifically, posting Users must:
– Use the exact job title that accurately represents the position
– List only the actual qualifications and expectations for the role, and all of the role’s primary duties and responsibilities
– Specify the location of the job or indicate if the position is remote or hybrid
– Provide a specific salary figure or a realistic salary range
– State whether the position is full-time, part-time, contract, etc.
– Include the deadline for applicants to submit their applications
iii. Each job listing must be for a single role at a single location. Do not post multiple listings for the same position. If there are multiple openings, they must be listed separately under different job titles.
iv. Job listings must comply with all equal employment laws and regulations. Users may not include unlawful preferences or discriminative language regarding applicants’ race, gender, religion, sexual orientation, or other protected characteristics. All job listings must be free from offensive, discriminatory, or derogatory language. Listings must adhere to professional standards and demonstrate respect for all potential applicants. Job listings that include offensive, explicit, or inappropriate language or content will be removed. Job listings that involve illegal activities—including pyramid schemes, adult services, gambling, or selling counterfeit products—are prohibited. Classful reserves the right to remove any job listings that violate this rule.
v. Users that post listings are expected to respond to applications or inquiries within five (5) business days. Users must provide a direct and easy way for applicants to apply, such as an email address, application form, or link to an external application system. Users should not require applicants to sign up for unrelated services or pay any fees to apply.
vi. Users that respond to listings are not required to pay any fees to apply for jobs. Users that post job listings are prohibited from requesting or charging applicants any money as part of the job application process.
vii. Users must ensure that all applicants are treated fairly and equally in the hiring process. Classful encourages employers to provide fair opportunities to all candidates based on qualifications, experience, and ability, rather than personal characteristics. Users are also responsible for ensuring that all job listings and hiring practices comply with local, state, and federal labor laws, including wage and hour laws, occupational health and safety regulations, and anti-discrimination laws. Users must protect the privacy of applicants by securely handling and storing their personal data. Users are not permitted to share applicants’ personal information with third parties without the applicant’s consent.
viii. Classful reserves the right to suspend or remove job listings or Accounts that violate these Classful’s Terms of Use. Users may be notified of any violations and given the opportunity to resolve issues before their listings are removed or accounts are suspended. Any User found engaging in fraudulent or deceptive practices—including misrepresenting job positions or violating employment laws—may have their Account terminated without refund.
ix. Classful is not responsible for any damages or losses arising from job applications, interviews, or employment offers between employers and applicants. Classful serves only as a facilitator for job listings and applications. Classful’s liability for any claim arising from job listings or the hiring process is limited to any transaction fee paid by the User for the job listing.
d. Marketplace Rules
i. All product listings must provide accurate, clear, and detailed descriptions, including the following:
– For digital products — file types, version/SKU, total download size, license terms, software/hardware requirements, and any applicable restrictions
– For physical products — brand, model/SKU, materials, dimensions, weight, color, condition (e.g., new or used), and quantity available
– For all products — clear and truthful description of the item being sold, including pricing, shipping details, and return/refund policies
ii. All descriptions, images, and pricing must be truthful and accurate. Sellers must avoid listings that mislead customers about the nature of the product or service being offered. For digital products, Sellers must provide at least three high-quality visuals, including cover art, content preview, and a close-up of key features. For physical products, Sellers must provide images from different angles to accurately represent the item. Images must not contain placeholders, watermarks, or text overlays unless necessary for the presentation of the product. Misleading or fraudulent activity will result in immediate removal from the Platform.
iii. Sellers are responsible for setting and clearly displaying the prices of their products, including any applicable taxes, shipping fees, or additional charges. All pricing must be transparent and available before checkout. Sellers must comply with Classful’s return and refund policies. If a product is defective or does not meet the description, the Seller is required to accept returns and issue refunds in accordance with Classful’s policies. For clarity, banks, card networks, and payment processors may initiate chargebacks, reversals, or refunds under their policies without Classful’s approval.
iv. Sellers must respond to customer inquiries and messages within 24 hours on weekdays. Sellers are required to ship products within the timeframe stated in their product listings. Tracking information should be provided for all orders over $20. Sellers must ensure that shipping methods and materials comply with Classful’s standards.
v. Sellers may not list the following items on the Platform:
– Counterfeit products or any items that infringe upon intellectual property rights
– Products that are illegal in any jurisdiction where they are offered for sale, including controlled substances, weapons, and unapproved medical devices
– Pornographic materials or any explicit content that violates the Platform’s community standards
– Endangered species products or any goods that violate environmental protection laws
– Malware or other harmful software
vi. Certain products may require special approval or may be subject to regulatory restrictions. These include:
– Health-related products that must meet regulatory standards (e.g., FDA approval for medical products)
– Financial products (such as investment-related services), which may require licenses or approvals
– Alcohol, tobacco, or firearms, which are subject to additional restrictions and may require licenses to sell
vii. Classful charges a 5% transaction fee on each sale (check our Pricing page for current pricing), in addition to any payment processor fees (e.g., 2.9% + $0.30 for Stripe payments). Fees are deducted before funds are transferred to the Seller. Sellers will receive their funds after the transaction is completed, and the applicable fees have been deducted. Payments are processed as set forth in section 7(b) of this Agreement. In the event of a chargeback or refund request, the Seller is responsible for reimbursing Classful for any transaction fees and administrative costs incurred due to the chargeback or refund. Sellers must adhere to Classful’s rules for processing refunds.
viii. Classful reserves the right to terminate a Seller’s account for violating these rules, engaging in fraudulent activities, or failing to comply with the Classful’s general Terms of Use. If a Seller violates the terms of this Agreement, their Account may be suspended pending further investigation. Sellers must resolve any issues before their Account is reinstated.
ix. Classful is not responsible for any damages or losses resulting from user-generated content, including product listings, descriptions, or communications between Sellers and other Users. Classful’s liability to Sellers is limited to the total transaction fees paid by the Seller in the twelve (12) months preceding the event that gave rise to the claim.
e. Fundraising Rules
i. These rules apply to all Users who create fundraising campaigns or otherwise receive donations through the Platform (“Fundraisers”) and those who contribute funds through the Platform (“Donors”).
ii. Eligible Fundraisers may create, publish, and promote campaigns on the Platform, as well as solicit and receive funds from other Users. Fundraisers must provide accurate and complete descriptions of any posted campaigns, including:
– A clear statement of the campaign’s purpose (e.g., funding a classroom project, supporting a community initiative, covering medical expenses)
– The specific amount of money the campaign seeks to raise
– If the campaign is for a third party—such as a student, teacher, school, or nonprofit organization—clear identification of the beneficiary and an explanation of how the funds will be used
ii. Fundraisers must ensure that the funds raised are used exclusively for the stated purpose. Any deviation from the stated purpose must be communicated to the Donors and Classful. Misleading representations about how the funds will be used may result in the removal of the campaign. Fundraisers acknowledge that they are solely responsible for ensuring that funds raised through the Platform are used in accordance with the purpose stated in the campaign’s description. Fundraisers must include accurate financial information, including the target goal and real-time progress updates. Fundraisers must regularly update their campaigns with progress information and communicate clearly with Donors about how funds are being used.
iii. Fundraisers must comply with all applicable laws and regulations, including those governing donations, charitable solicitation, and tax-exempt status. Fundraisers are solely responsible for understanding and adhering to the legal requirements for fundraising in their jurisdiction.
iv. Fundraisers may not use the Platform for the following:
– Personal fundraising for non-educational purposes — Campaigns seeking personal gain or for non-approved purposes (e.g., personal vacations, non-educational personal expenses) are prohibited
– Fundraising for illegal activities — Campaigns promoting or funding illegal activities are strictly prohibited
– Fraudulent campaigns — Any campaign intended to mislead Donors or engage in fraudulent activity will result in immediate removal and potential legal action
v. Fundraisers must include a disclaimer if their campaign involves claims of tax-deductibility. Specifically, if donations are not tax-deductible, the Fundraiser must clearly state: “Donations are not tax-deductible unless the beneficiary is a registered 501(c)(3) organization.” Fundraisers claiming tax-exempt status (e.g., 501(c)(3) organizations) must provide valid verification documentation. Classful reserves the right to request proof of nonprofit status before permitting such claims.
vi. Donations are processed via third-party payment processors (e.g., Stripe or PayPal). Classful charges a processing fee of 2.9% + $0.30 per donation (check our Pricing page for current pricing). Additional fees may apply for international transactions or certain payment methods. Classful will deduct these fees before transmitting the funds to the Fundraiser in accordance with section 7(b) of this Agreement. If a donation is refunded or charged back (e.g., due to an invalid payment method), the Fundraiser will be responsible for reimbursing Classful for any associated fees. Fundraisers must handle refund requests promptly and cooperate with Classful in resolving any chargebacks.
vii. Fundraisers may withdraw from any fundraising campaign at any time before reaching the target contribution amount for that campaign. A 30-day notice must be provided by contacting [email protected]. Upon withdrawal, Fundraisers are responsible for any refunds due to Donors. Fundraisers who have reached their target contribution are committed to fulfilling the purpose of the campaign as outlined. If a Fundraiser is unable to use the funds as promised, that Fundraiser must immediately inform Classful and cooperate in good faith to resolve the situation. In such cases, Classful will work with the Fundraiser and Donors to determine the best course of action, which may include refunding contributions in proportion to the unfulfilled portion of the campaign. If a satisfactory resolution cannot be reached regarding the Fundraiser’s campaign obligations, Classful may terminate the campaign and refund contributions to Donors in proportion to the remaining funds in the account. Interest accrued on the funds will inure to Classful’s benefit.
viii. Classful reserves the right to suspend or halt disbursement if there are concerns about non-compliance or misuse of funds. If a Fundraiser is unable to fulfill their campaign obligations or violates Classful’s policies, Classful may terminate the campaign and refund contributions to Donors in proportion to the remaining funds in the account.
ix. Classful does not guarantee the success of any fundraising campaign, nor does it guarantee that donations will reach the full target amount. Fundraisers acknowledge that achieving the target contribution amount depends on the generosity of Donors and may vary. Classful is not responsible for any claims, losses, or damages arising from the content of fundraising campaigns. Fundraisers are solely responsible for the accuracy, legality, and fulfillment of their campaign obligations. Classful’s liability for any claim arising from fundraising activities is limited to the total amount of fees paid by the Fundraiser for the campaign, excluding any donations.
f. Course Rules
i. These rules apply to all Users who create and offer courses (“Providers”), as well as those who enroll in or participate in courses (“Consumers”).
ii. All Providers must provide clear, accurate, and detailed descriptions of the courses they offer on the Platform. Specifically, Providers must:
– Include clear and descriptive title for the course
– Include list of measurable learning objectives that clearly outline what Consumers will achieve by the end of the course
– Specify the intended audience (e.g., beginners, intermediate learners, professionals) and any prerequisites or necessary background knowledge
– Include an outline of the course, including the number of lessons, the duration of each lesson, and any materials or resources required
iii. Providers must upload course content that is relevant, complete, and professionally presented. Course materials can include (A) videos, slides, documents, or other educational resources, (B) supplemental resources such as quizzes, assignments, or reading materials to support the learning objectives. Every lesson in a course should begin with a brief opening slate that includes course branding, the lesson title, and the lesson’s learning objective. Each lesson should close with a concise recap of key points and a forward-looking call to action (e.g., “Start Lesson 2”).
iv. Course videos should be clear, high-quality, and professionally edited. Videos must be in 1920 × 1080 resolution or higher and in landscape orientation with a 16:9 aspect ratio. Providers should describe essential visuals in videos verbally or via on-screen text to make the course accessible to learners with visual impairments. Providers should ensure high color contrast and legible font sizes for all course materials. The preferred audio codec for courses is AAC (256 kb/s or better) or PCM. Course audio should be in stereo (2.0). The target volume for course audio should be –23 LUFS ± 2 to ensure consistent volume across all lessons.
v. Providers may not create or upload courses that contain: (A) plagiarized or copyrighted material without proper permission, (B) illegal activities, (C) or explicit adult content or any inappropriate material that violates Classful’s community guidelines. Courses that cover sensitive topics, such as medical, legal, or financial advice, must include the following disclaimer: “For educational purposes only. Consult with a qualified professional for personal advice.”
vi. Providers must clearly outline the enrollment process, including any fees, prerequisites, or restrictions. Providers must also: (A) ensure that their course materials and enrollment process are compliant with local and international education regulations and (B) respond to inquiries or feedback from Consumers in a timely manner. Once a Consumer enrolls in a course, they should have access to all relevant course materials (e.g., videos, slides, documents). Providers may offer additional content, quizzes, assignments, or certifications for completing the course.
vi. Providers retain the intellectual property rights to the courses they create. However, by uploading course content to the Platform, Providers grant Classful a non-exclusive, royalty-free, worldwide license to display, distribute, and promote the course for the purpose of providing services to Users. Providers must ensure that they own or have the appropriate licenses for all content used in their courses, including videos, images, audio, and any third-party materials. Classful is not responsible for any copyright infringement related to the content uploaded by Providers. Providers must ensure that all content is original or properly licensed. If a Provider’s content infringes upon a third party’s intellectual property rights, Classful may remove the content and suspend the Provider’s Account.
vii. Providers are responsible for setting the price of their courses. Pricing must be clear and transparent, and any discounts, promotions, or special offers must be clearly communicated to Consumers. Classful charges a fee for hosting and distributing courses. The fee will be deducted from the revenue generated by the course, and the remaining amount will be paid to the Provider according to the payout schedule set forth in section 7(b) of this Agreement. Payments for course enrollments are processed by third-party payment processors, such as Stripe or PayPal. Providers must comply with the payment processor’s terms and conditions, which may include additional fees or restrictions. Providers must adhere to Classful’s refund policies and provide clear information about the refund process. If a course is canceled by the Provider, the Provider is responsible for issuing refunds to enrolled Consumers (check our Pricing page for current pricing).
viii. Providers should periodically update their course materials to ensure that they remain relevant, accurate, and up-to-date. Classful encourages Providers to make improvements to their courses based on Consumer feedback and new developments in the subject matter. Providers must notify Classful if they wish to temporarily disable access to their course, remove it from the Platform, or make significant changes. Providers should provide an explanation for any changes or removal of the course.
ix. If a course is intended for children under 13, Providers must obtain verifiable parental consent before collecting any personal information from Consumers, in compliance with COPPA (Children’s Online Privacy Protection Act). If a course includes content from K-12 or higher education institutions, Providers must blur or omit any personally identifiable student information from recordings unless they have written consent on file, in compliance with FERPA (Family Educational Rights and Privacy Act).
x. Classful reserves the right to terminate or suspend a Provider’s Account if they violate these rules or Classful’s Terms of Use. This includes but is not limited to: (A) violations of intellectual property rights, (B) posting misleading, inaccurate, or harmful educational content, (C) failing to fulfill course obligations, such as providing timely content updates or responding to Consumer inquiries. Providers who fail to comply with these rules may have their Accounts suspended until the issue is resolved. Providers must work with Classful’s support team to address any violations or concerns.
xi. Classful is not responsible for any damages or losses arising from course content or interactions between Providers and Consumers. Providers are solely responsible for the accuracy, quality, and legality of the content they provide. Classful’s liability for any claim arising from course creation or course-related activities is limited to the total fees paid to the Provider for the course in question.
g. Prohibited Conduct
While using the Platform, you agree that you will not:
– Misrepresent your identity, age, current or previous employment positions, professional qualifications, or affiliations with a person or entity
– Use the Platform in such a way that damages the Platform or prevents its use by other Users
– Use the Platform in such a way that interferes with, disrupts, or negatively affects any platforms, servers, or networks related to the Platform
– Use the Platform for any harmful, illegal, or nefarious purpose
– Harass, bully, stalk, intimidate, assault, defame, harm, or otherwise mistreat any person
– Post or share Prohibited Content (as defined below)
– Solicit passwords for any reason or purpose, solicit personal identifying information from other users for commercial or unlawful purposes, or disseminate another person’s personal information without his or her permission
– Submit appeals, reports, notices or complaints that are manifestly unfounded
– Use any Account belonging to another User
– Use the Platform in connection with any fraudulent conduct, pyramid scheme, or other similar practices
– Violate the terms of the license granted to you by Classful pursuant to this Agreement
– Disclose private or proprietary information that you are not authorized to disclose
– Copy, modify, transmit, distribute, or create any derivative works from any of the following, without Classful’s prior written consent or except as otherwise permitted by the functions or features of the Platform: (a) User Content, (b) Classful Content, or (c) any other copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Platform
– Express or imply that any statements you make are endorsed by Classful
– Use any robot, crawler, site search/retrieval application, proxy, or other manual or automatic device, method, or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents
– Upload viruses or other malicious code or otherwise compromise the security of the Platform
– Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through the Platform
– “Frame” or “mirror” any part of the Platform without our prior written authorization
– Use meta tags or code or other devices containing any reference to Classful or the Platform (or any of our trademarks, trade names, service marks, logos, or slogans) to direct any person to any other website for any purpose
– Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Platform, or cause others to do so
– Use or develop any third-party applications that interact with the Platform, User Content, or any User’s information without our written consent, including but not limited to artificial intelligence or machine learning systems
– Use, access, or publish the Platform’s programming interface without our written consent
– Probe, scan, or test the vulnerability of the Platform or any system or network
– Encourage, promote, or agree to engage in any activity that violates the terms of this Agreement
h. Reporting Misconduct
You can report any abuse or complain about any User’s conduct or content by contacting us with a description of the abuse or an outline of your complaint. We reserve the right to investigate any possible violations of this Agreement, and we may, in our sole discretion, immediately terminate any User’s right to use or access the Platform, without prior notice, as set out further in this Agreement.
4. CONTENT
While using the Platform, you may have access to: (a) content that you upload or provide while using the Platform (“Your Content”), (b) content that other Users upload or provide while using the Platform (“User Content”), and (c) content that Classful provides on and through the Platform (“Classful Content”). As used in this Agreement, “content” includes, without limitation, all text, images, video, audio, or other material on the Platform, including information on users’ profiles and in direct messages between users.
a. Your Content
i. Your Content must comply with Classful’s content guidelines. By using the Platform, you acknowledge that you are solely responsible and liable for Your Content and you agree to indemnify, defend, release, and hold Classful harmless from any claims made in connection with Your Content.
ii. When you create an Account, we may collect information you have made publicly available through any External Accounts, or that you have otherwise authorized your External Accounts to share with third-party platforms like ours. You represent and warrant that the information you provide to Classful is accurate, including any information submitted through External Accounts (if applicable), and that you will update your account information as necessary to ensure its accuracy.
iii. The content included on your profile should be relevant to the intended purpose of the Platform. You may not display any personal contact or banking information, whether in relation to you or any other person (i.e., names, home or work addresses, telephone numbers, email addresses, credit/debit card or other banking details, driver’s license or passport details, social security information, health insurance information). If you choose to reveal any personal information about yourself to other Users, you do so at your own risk. We encourage you to exercise caution in disclosing any personal information online.
iv. Users who post content intended for families, intended for children aged 17 or younger, or rated higher than “Adult” must ensure their content is appropriately labeled and categorized. Users are required to adjust their content-rating settings to reflect the appropriate age group or audience for their content. Failure to accurately label content may result in Classful taking corrective action, including adjusting Account settings or suspending the User’s ability to post such content.
v. To participate in Classful’s content-monetization programs, Users must meet specific eligibility criteria, including being of a certain age, maintaining a certain level of account activity, and complying with Classful’s rules and guidelines. Users who fail to meet these criteria may be restricted from monetizing their content. Additionally, any solicitation or offering of currency, goods, or engagements in exchange for illegal behavior or attempts to manipulate the Platform’s functionality (such as artificially inflating interactions or violating community guidelines) is strictly prohibited. Violations may result in the suspension or termination of the User’s monetization privileges and/or account.
v. By using the Platform, you acknowledge that Your Content will be visible to other Users and may be viewed by other Users and any person visiting or using the Platform or possessing a link to the Platform (e.g. individuals who receive a link to a User’s course, campaign, or shared content from other Users). You further acknowledge that other Users may share Your Content with third parties and your use of the Platform constitutes your consent to any such sharing or distribution of Your Content, subject to the terms of this Agreement.
v. By uploading Your Content on the Platform, you represent and warrant that you have all necessary rights and licenses to do so, and automatically grant Classful a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public such content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign or sub-license the above license to our affiliates and successors without any further approval by you. We do not have any obligation to store Your Content. Our license to Your Content is subject to your rights under applicable law and is for the limited purpose of operating, developing, providing, and improving the Platform, or researching and developing new services or platforms.
vi. You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time, at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.
vii. You agree that Classful may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to:
– Comply with legal process
– Enforce the terms of this Agreement
– Respond to claims that any content violates the rights of third parties
– Respond to your requests for customer service
– Protect the rights, property, or safety of Classful or any other person
b. User Content
i. Other Users will also share content on the Platform. User Content belongs to the User that posted the content and is stored on our servers and displayed through the Platform at the direction of that User.
ii. Except as contemplated in this Agreement, you do not have any rights to User Content and you may only use other Users’ personal information to the extent that such use of the information is consistent with Classful’s purpose and guidelines.
iii. You may not, under any circumstances, use other Users’ information for commercial or unlawful purposes, such as to spam, harass, stalk, or make unlawful threats. Should we become aware that you have misused another User’s information, we reserve the right to terminate your Account and restrict your access to the Platform.
iv. User Content is subject to the terms and conditions of Sections 512(c) and 512(d) of the Digital Millennium Copyright Act 1998. If you have a question or complaint about User Content, please see our DMCA and Infringing Content Policy for more information.
c. Classful Content
i. All other intellectual property on the Platform (collectively, “Classful Content”) is owned, controlled, and licensed by Classful, absolutely and in its entirety. Classful Content includes, without limitation, text, content, graphics, user interfaces, sounds, artwork, software, databases, logo designs (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar protectible assets. All right, title, and interest in and to Classful Content remains with Classful at all times, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company, or product names set forth in or appearing on the Platform are the property of their respective owners.
ii. We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Classful Content, subject to the following conditions and limitations:
– You may not use, sell, modify, or distribute Classful Content, except as permitted by the functionality of the Platform.
– You may not use our name, trademarks, logos, or other insignia in metatags, keywords, or hidden text.
– You may not create derivative works from, or otherwise commercially exploit, Classful Content, in whole or in part, in any way.
– You must use Classful Content for lawful purposes only.
– You may not sub-license your right to use or access Classful Content.
iii. The Platform is licensed, not sold, to you for use according to the terms of this Agreement. Subject to your complete and ongoing compliance with the terms of this Agreement, Classful hereby grants you a personal, limited, revocable, non-transferable license to access and use the Platform solely for your own personal, non-commercial use, as further discussed in Section 5 of this Agreement.
iv. Classful reserves all other rights not expressly granted in this Agreement.
d. Advertising Content
i. Sponsored and targeted ads — All paid posts, advertisements, or placements must be clearly and conspicuously labeled as “Ad,” “Paid Partnership,” or similar terminology to indicate that the content is a paid advertisement. This label must be placed in a visible location, ideally at the beginning of the content, so that users can easily identify the content as promotional. Advertisers, brands, and content creators are responsible for ensuring that all paid content is clearly marked as such, whether the content is displayed within posts, videos, or any other form of media. Sponsored content that is not clearly labeled will be subject to removal from the Platform. If an ad is targeted to a specific audience based on demographic or behavioral data, this targeting must be disclosed to the audience in a clear and understandable manner. Classful encourages transparency in how ads are targeted to Users based on their interests or actions.
ii. Influencer/affiliate marketing — Influencers, content creators, and affiliate marketers (“Endorsers”) must disclose any material connection they have with a brand, product, or service they promote. This includes, but is not limited to: (A) payment, if the Endorser is being paid to promote the product or service, (B) free products, if the Endorser received a product for free in exchange for promoting it, and (C) employment, if the Endorser is employed by or has a financial interest in the company or product they are endorsing. Endorsers must include a clear and conspicuous disclosure that indicates the material connection in each instance of promotion (e.g., “#Ad” “#PaidPartnership” “Sponsored by [Brand Name]” “This content is sponsored by [Brand Name]”). In accordance with the Federal Trade Commission (FTC) guidelines, all endorsements and affiliate marketing activities on the Platform must fully comply with disclosure rules. Endorsers are required to ensure that their disclosures are easy to notice and placed where the audience can easily view or hear them, such as in video descriptions, captions, or at the beginning of social media posts. Endorsers may not engage in deceptive practices by failing to disclose material connections, including not revealing compensation, free products, or other incentives received for promoting products or services. Classful reserves the right to remove any content that violates these guidelines.
iii. Political advertisements — All political advertisements must be clearly labeled as “Paid for by [Sponsor’s Name]” or similar language to identify the sponsor of the ad. This includes any content that promotes, opposes, or influences political candidates, political parties, or legislative issues. Political ads must include a “Paid for by” disclaimer, clearly identifying the individual or organization that financed the advertisement. This disclosure must appear in a clear and legible format, visible to users, and comply with all local and federal election laws. Political ads must comply with local, state, and federal regulations regarding the targeting of advertisements to specific demographics or groups. Advertisers targeting political content must adhere to any restrictions on the targeting of voters based on political affiliation, age, geographic location, or other sensitive data. Political ad targeting must be ethical, transparent, and comply with relevant privacy laws. Users may not post political advertisements that: violate any local, state, or federal election laws. Classful reserves the right to monitor political advertisements to ensure compliance with these guidelines. Ads that do not meet the required disclosure or targeting standards may be removed, and the account responsible for the ad may be suspended.
e. Prohibited Content
i. You may not upload or share Prohibited Content. “Prohibited Content” includes, without limitation, content that:
– Contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person (e.g., language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance)
– Is obscene, pornographic, violent, or otherwise may offend human dignity, or contains nudity
– Is abusive, insulting or threatening, discriminatory, or otherwise promotes or encourages racism, sexism, hatred, or bigotry
– Encourages or facilitates any illegal activity (e.g., terrorism, inciting racial hatred, or any action that, in itself, constitutes committing a criminal offense)
– Is defamatory, libelous, false, or otherwise harmful to another person’s reputation
– Relates to commercial activities, purposes, or arrangements outside of the purposes and intended uses of the Platform (e.g., gambling, games of chance, sweepstakes, contests, competitions, promotion or sales of alcohol, tobacco, or other controlled substances, “sugar daddy” or “sugar baby” arrangements, advertising or promotion of third-party brands or products, solicitation for unrelated or unlawful services, links to other websites, or premium-rate telephone numbers)
– Contains spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, limit the functionality of, or otherwise disrupt software, hardware, telecommunications, networks, servers, or other equipment, Trojan horses or other material designed to damage, interfere with, wrongly intercept, or expropriate data or personal information, whether from Classful or otherwise
– Infringes the rights of any third party (e.g., intellectual property rights or privacy rights)
– Was automatically-generated or otherwise not created by you, unless expressly authorized by Classful
– Includes the image or likeness of another person without that person’s consent (or, in the case of a minor, the minor’s parent or guardian)
– Includes the image or likeness of a minor unaccompanied by the minor’s parent or guardian, or is otherwise harmful to minors
– Impersonates any other person, including falsely stating your name;
– Is inconsistent with the intended purpose and uses of the Platform;
– May harm or damage the reputation of Classful, its affiliates or partners, or other users
ii. Classful has a zero-tolerance policy with respect to Prohibited Content. Uploading or sharing Prohibited Content may result in the immediate suspension or termination of your Account or your access to the Platform.
f. Ratings & Reviews
Reviews are User Content. We may remove, hide, or exclude reviews from rating calculations if they violate these Terms, including:
– Misleading or Irrelevant Reviews – reviews unrelated to the product or service, or that materially misrepresent key details.
– Review Manipulation – attempts to artificially influence ratings, including fake or incentivized reviews.
– Guideline Violations – reviews containing prohibited or otherwise inappropriate content.
Negative feedback that does not violate these Terms will remain visible. Users may report reviews as described in Section 3.h Reporting Misconduct.
g. Infringing Content
i. If you believe, in good faith, that any content or materials on the Platform infringe upon your intellectual property rights, please view our DMCA and Infringing Content Policy for information regarding how to make a complaint.
ii. So that we are able to prevent unauthorized use of Your Content outside of the Platform, you authorize Classful to act on your behalf with respect to infringing uses of Your Content, particularly to the extent that the content has been taken from the Platform by other users or third parties. This expressly includes the authority, but not the obligation, to send notices on your behalf, pursuant to 17 USC § 512(c)(3), if Your Content is taken and used by third parties outside of the Services (i.e., DMCA Takedown Notices). Classful is not obligated to take any action with regard to use of Your Content by other users or third parties. Our license to Your Content is subject to your rights under applicable law (e.g., laws regarding personal data protection, to the extent the content contains personal information as defined by such laws).
5. SOFTWARE LICENSE GRANT
a. Subject to your complete and ongoing compliance with this Agreement, Classful grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use a copy of the Platform on a desktop computer or mobile device that you own or control and to run such copy of the Platform solely to access the Platform for your own personal, non-commercial purposes. This license does not allow you to use the Platform on any device that you do not own or control. The terms of the license will govern any upgrades provided by Classful that replace or supplement any aspect of the Platform, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
b. Certain software code incorporated into or distributed with the Platform may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in this Agreement, the Open Source Software is not licensed under this Agreement and instead is separately licensed pursuant to the terms and conditions of the respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
c. We reserve the right to stop offering or supporting the Platform (or any particular portion or part thereof) or restrict access to the Platform at any time, at which point your license to use or access the Platform, or any part thereof, will be automatically terminated. In such an event, we will not be required to provide refunds, benefits, or other compensation to Users in connection with such discontinued access to the Platform.
d. In consideration for Classful’s permission to use or access the Platform, you agree that we, as well as any of our affiliates or third-party partners, may place advertising on the Platform.
6. USE ON MOBILE DEVICES
a. By accessing or using the Platform through a mobile device, you acknowledge that such use of the Platform is subject to the terms and conditions of using the mobile device and any underlying software, as set by the provider of the device or software (i.e., Apple/iOS App Store or Google Play). It is your sole responsibility to review the terms and conditions that apply to any relevant mobile devices before using the Platform thereon.
b. You understand that the Platform is evolving and, as a result, you may be required to accept updates to the Platform or other software that you have installed on your mobile device. You acknowledge and agree that Classful may update the Platform, with or without notifying you. You may need to update third-party software from time to time in order to access or use the Platform.
c. We may ask for your permission to collect certain usage data from your device. By granting this permission, you agree that we may collect and use technical data and related information, including, but not limited to, UDID, device location, and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform, and to anonymously track and report your activity inside of the Platform, including for analytics purposes.
d. By submitting suggestions or feedback to us regarding the Platform, you agree that we may use and share such feedback for any purpose without compensating you.
e. We may provide you with emails, text messages, push notifications, alerts and other messages related to the Platform, such as enhancements, offers, products, events, and other promotions. When accessing the Platform, you may be asked to accept or deny push notifications or alerts. If you deny, you will not receive any push notifications or alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from Classful or the Platform, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails or text messages, you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing your request to [email protected].
f. The Platform may also allow access to, or make available opportunities for you to view, certain content, User profiles, or other materials based on your location. To make these opportunities available, the Platform will determine your location using one or more reference points (e.g., GPS, Bluetooth, or software within your mobile device). If you have set your mobile device to disable GPS, Bluetooth, or other location-determining software, or otherwise do not authorize the Platform to access your location data, you will not be able to access such location-specific content, products, services, and materials. For more about how the Platform uses and retains your information, please read the Privacy Policy.
g. The Platform was developed by private financing and constitutes a “Commercial Item,” as that term is defined at 48 C.F.R. §2.101. The Platform consists of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4, all U.S. government end-users acquire only those rights in the Platform that are expressly provided by this Agreement. Consistent with 48 C.F.R. §12.211, all U.S. government end-users acquire only technical data, and the rights in that data, as expressly provided in this Agreement. Any use, reproduction, release, performance, display, or disclosure of the Platform—in whole or in part—by the U.S. government will be governed solely by this Agreement, and is prohibited except to the extent expressly permitted by the terms of this Agreement.
h. The Platform, and its underlying information and technology, may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country that is subject to a U.S. government embargo or has been designated by the U.S. government as a “terrorist supporting” country; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading, using, or otherwise accessing the Platform, you are agreeing to the foregoing and you represent and warrant that you (a) are not located in, under the control of, or a national or resident of any such country or on any such list, (b) are not listed on any U.S. government list of prohibited or restricted parties, and (c) you agree to comply with all United States and foreign laws related to use of the Platform.
6. DATA, PRIVACY, AND SECURITY
a. Our Privacy Policy is expressly incorporated into this Agreement by reference. The Platform collects and uses personal data from Users to make the Platform’s functions and features available to Users, including to generate results and make product recommendations. For more information about how we and our third-party suppliers collect, use, and share Users’ Data, please read our Privacy Policy. By using the Platform, you agree that we may use your data in accordance with our Privacy Policy.
b. By using the Platform, you grant Classful full rights to anonymize data and other information collected through the Platform, so that it does not identify specific Users, identify specific transactions, or contain other confidential or personal User information (“Anonymous Data”). You agree that Classful: (i) has full ownership over Anonymous Data, (ii) has full license to create derivative works and extract information from Anonymous Data, (iii) has full license to compile and/or combine Anonymous Data (collectively, “Aggregate Data”), (iv) has the right to use Aggregate Data in the furtherance of Classful’s business, and (v) may disclose, sell, or publish Aggregate Data through any means. Anonymous Data and Aggregate Data will not be used in a manner that discloses any individually-identifiable information about Users or any specific transactions in which Users have engaged. Classful is prohibited from disclosing User information other than as a combination of parts of information collected or processed from Users, not containing any User’s name, with other information from any or all other Users of the Platform, except in accordance with our Privacy Policy or with your express consent.
c. The Platform is operated from facilities to which Users have remote access via the internet, in conjunction with certain offline components provided by Classful pursuant to this Agreement. We may use third-party service providers to provide limited parts of the Platform from time to time, including data storage and processing, and you consent to any subcontracting of these services to those third parties. We implement security procedures to help protect Users’ data from security attacks, however, you understand that use of the Platform necessarily involves transmission of your data over networks that may not be owned, operated, or controlled by Classful, and we are not responsible for any data that is lost, altered, intercepted, copied, or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of Users’ data will always be secure, or that unauthorized third parties will never be able to defeat our security measures or security measures implemented by third-party service providers. If you become aware of any security breach in connection with the Platform, you agree to promptly notify us. We agree to notify you in the event of a detected security breach. All data at rest is encrypted and all data in transit is encrypted.
d. Technical processing, transmission, or implementation of the Platform or its underlying software components may involve transmissions of Users’ content or information over various networks or changes to conform and adapt to technical requirements of connecting networks or devices. Use of, or connection to, the internet provides the opportunity for unauthorized persons to circumvent security precautions and illegally gain access to the Platform, Users’ data, or Users’ content. We do not guarantee the privacy, security, or authenticity of any content, data, or information transmitted over or stored in any system connected to the internet.
e. If you use the Platform, Third-Party Systems (as defined herein), or Third-Party Services (as defined herein), your data may be transmitted outside of Classful’s system and the provider(s) of the systems or services may be able to obtain access to content or data submitted by Users. This may result in the disclosure, modification, or deletion of Users’ content or data by the provider of the Third-Party Service or Third-Party System. Providers of Third-Party Services or Third-Party Systems, as well as their agents, may collect and use data pertaining to your configuration and use of those services or systems. We are not responsible for any transmission, collection, disclosure, modification, use, or deletion of Users’ content, data, or information by or through Third-Party Services or Third-Party Systems, their providers, or any of their agents and partners.
7. FEES, PURCHASES, AND PAYMENT
a. General Payment Terms
i. Classful may make available certain fee-based content, functionalities, features, and/or other e-commerce services on and/or in connection with the Platform or through third-party service providers (“Premium Services”). Prices for Premium Services will be specified on the Platform. Users agree to pay all amounts due in accordance with the payment terms in effect when purchasing Premium Services, including any applicable taxes and service, transaction, or processing fees. All transactions are in U.S. dollars (USD) unless otherwise specified at the point of payment.
ii. Donations made by Donors are processed through third-party payment processors, such as Stripe. Classful will deduct its standard processing fee of 2.9% for each transaction, plus a $0.30 fixed fee. For international payments or certain payment methods, additional fees may apply. Fundraisers acknowledge and agree that Classful will deduct the applicable transaction processing fees before transferring any donations. In the case of a refund or chargeback, the Fundraiser may be responsible for covering the associated fees and costs incurred by Classful.
iii. Classful may make available certain fee-based content, functionalities, features, and/or other e-commerce services on and/or in connection with the Platform or through third-party service providers (“Premium Services”). Prices for Premium Services will be specified on the Platform. You acknowledge and agree that certain Premium Services may utilize third-party service providers. You further acknowledge and agree that Classful does not operate, own, or control any third-party payment processors. Use of your payment information is governed by your agreements with, and the privacy policies of, the payment processors, not this Agreement. You agree to immediately notify payment processors of any change to billing details or other information for your payment card(s).
iv. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially-used Subscriptions (as defined herein), except if the laws applicable in your jurisdiction provide for refunds. You agree that you will not make unjustified requests for a refund from Classful, any payment processor, or any payment card provider in relation to any transaction through the Platform. If we determine that a User’s request for a refund or chargeback request was made in bad faith, we reserve the right to suspend or delete that User’s Account.
v. We may suspend or terminate access to the Platform, including Premium Services, for any Account on which any amount is due but unpaid. In addition to the amount due for the Premium Services, a delinquent Account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
vi. Classful is not responsible and has no liability whatsoever for goods or services that Users may obtain through third-party service providers or other websites or web pages. Classful encourages Users to take all necessary or appropriate measures before proceeding with any online transaction with any of these third parties.
vii. Payment Reversals; Chargebacks; Processor Actions. You acknowledge and agree that card networks, issuing banks, and payment processors (including Stripe) may, at their discretion and in accordance with their rules and policies, reverse, cancel, dispute, or refund a payment (including through a chargeback, reversal, ACH return, or similar process) without notice to or approval from Classful. Classful does not control and cannot prevent these actions. If a payment is reversed, canceled, disputed, or refunded for any reason, you agree that: (A) the underlying transaction may be treated as canceled; (B) the applicable Provider/Seller/Fundraiser may be responsible for the reversed amount, and for any fees, penalties, or costs assessed by payment processors, banks, or card networks in connection with the reversal; and (C) Classful may, to the extent permitted by law, recover or offset such amounts by deducting them from your Classful balance, amounts otherwise payable to you, or by charging the connected payment account on file and/or invoicing you. You agree to cooperate with any investigation or dispute process and to provide information and documentation requested by Classful or the payment processor within required timeframes. Failure to respond or cooperate may result in additional losses, holds on payouts, limitation of features, suspension, or termination of your Account.
b. Payouts to Fundraisers and Providers
i. In order to receive payouts from transactions with Consumers or Donors, Providers and Fundraisers must register for an account through the applicable third-party payment processor. Classful currently uses Stripe to process all payments and payouts through the Platform, however, Classful reserves the right to change payment processors at any time. Classful will provide notice to all Users prior to implementing such a change. Use of Stripe by Providers and Fundraisers is subject to Stripe’s Terms of Service, as they may be modified from time to time. Please note that, if a Provider or Fundraiser is not approved by Stripe to obtain a Stripe account, that Provider or Fundraiser will not be able to receive payouts through the Platform. Providers and Fundraisers Fundraisers acknowledge and agree that Classful will deduct the applicable transaction processing fees before transferring any donations. In the case of a refund or chargeback, the Fundraiser may be responsible for covering the associated fees and costs incurred by Classful.
ii. When using Stripe to facilitate transactions through the Platform, payouts from transactions with Consumers or Donors will initially be deposited into the Stripe account belonging to the applicable Provider or Fundraiser, and Classful acts as the custodian of such funds before such funds are disbursed into the Provider’s or Fundraiser’s Account. Classful reserves the right to establish limits on the total amount of any given transaction or cumulative transactions within a specified time period. Classful may also, in its discretion, impose a reserve requirement on a Provider’s or Fundraiser’s Account. The service fees that Providers and Fundraisers pay to Classful in connection with transactions include the fees charged by Stripe for such transactions. Classful will retain the service fee charged to Users as described herein, and Classful will use the service fee to pay any Stripe fees associated with transactions between Users.
iii. Although Classful makes reasonable efforts to transfer funds to Providers and Fundraisers promptly, paid or donated funds are subject to payment processing times and may be delayed. Do not rely on receiving funds until they have cleared. Providers and Fundraisers should not take any action based on anticipated payments until such funds are received and cleared.
iv. Providers and Fundraisers hereby appoint Classful as their agent with respect to facilitating the receipt of payments from Consumers and/or Donors, through Stripe, and the disbursement of those payments to such Users’ Accounts. Providers and Fundraisers agree to treat a payment from other Users to Classful on their behalf in the same manner as if it were paid directly to such Providers and Fundraisers, and Providers and Fundraisers will fulfill all obligations due to a Consumer or Donor as a result of payments therefrom regardless of whether the Provider or Fundraiser has received the applicable funds from Classful.
c. Subscription Terms
i. Some Premium Services may be billed on a subscription basis (“Subscriptions”), and some Subscriptions may be automatically-renewing. IF YOU PURCHASE AN AUTOMATICALLY-RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD AT CLASSFUL’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS, UNLESS YOU CANCEL YOUR SUBSCRIPTION OR YOU PAUSE YOUR ACCOUNT AS SET FORTH IN SECTION XX OF THIS AGREEMENT. To avoid charges for a new Subscription period, you must cancel or pause, as described below, forty-eight (48) hours before the end of the then-current Subscription period. Deleting your Account from your device does not cancel your Subscription. If you cancel your Subscription, you will continue to have access to your Subscription benefits until the end of your Subscription period, at which point it will expire.
ii. Users may cancel Subscriptions, as well as payments in connection with Subscriptions, at any time. Termination of a Subscription takes effect in the subsequent (not current) term for that Subscription. Once a Subscription has been canceled, the canceling User’s access to the Subscription and associated features will terminate at the end of the term or cycle during which the cancellation was initiated. Users will not be entitled to a refund for any Subscription-based offerings on the Platform.
iii. If you sign up for a free trial and do not cancel, your trial may convert into a paid Subscription, and your payment method will be charged at the then-current price for such Subscription. Once your free trial converts to a paid Subscription, your paid Subscription will continue to automatically renew at the end of each period, and your payment method will be charged, until you cancel. To avoid charges at the conclusion of a free trial period, you must cancel before the end of the then-current free trial period. Deleting your Account or deleting the App from your device do not cancel your free trial.
iv. For Users residing in New York:
– Upon notice in writing and delivered to Classful, LLC, 6090 S Fort Apache Rd #110, Las Vegas, NV 89148, Users may place any Subscriptions on hold for up to one year.
– How your information is used and how you may access your information is set forth in our Privacy Policy.
iv. For Users residing in North Carolina: You may review the North Carolina Buyer’s Rights here.
v. For Users residing in California:
– You may cancel any Subscriptions, without penalty or obligation, at any time prior to midnight of the third business day following the date on which you subscribed. If you subscribed using an external service, you must cancel through your external service.
– If you subscribed through your Apple ID, refunds are handled by Apple/Google, not Classful. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com.
– All other Users may request a refund by contacting Classful’s customer service department at [email protected], or by mailing or delivering a signed and dated notice stating that you (the buyer) are canceling this Agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier that you may have used to create your account. This notice should be sent to: Classful, LLC, ATTN: Cancellations, 6090 S Fort Apache Rd #110, Las Vegas, NV 89148.
– You may have this Agreement e-mailed to you by sending a letter to Terms Inquiries at 6090 S Fort Apache Rd #110, Las Vegas, NV 89148.
– In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
vi. For Users residing in Arizona, Connecticut, Illinois, Iowa, Minnesota, Ohio, Rhode Island, and Wisconsin:
– You may cancel any Subscriptions, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.
– In the event that you die before the end of your Subscription period, your estate will be entitled to a refund of that portion of any payment you had made for your Subscription which is allocable to the period after your death.
– In the event that you become disabled (such that you are unable to use the Platform) before the end of your Subscription period, you will be entitled to a refund of that portion of any payment you had made for your Subscription which is allocable to the period after your disability by providing the company notice in the manner set forth herein.
vii. For Users residing in the EU or European Economic Area: In accordance with local law, you are entitled to a full refund during the fourteen (14) days after the Subscription begins. Please note that this 14-day period commences when the Subscription starts.
c. Promotional Credits
i. From time to time, Classful may offer Users promotional credits (“Credits”) that can be used solely within the Platform to access certain features, subscriptions, or add-on services. Credits may be offered as part of marketing campaigns, referral programs, customer service gestures, or other promotional efforts at our discretion. Credits have no cash value, are non-transferable, and cannot be exchanged or redeemed for any form of monetary payment.
ii. Credits do not constitute a stored value, electronic money, or property of any kind. They are promotional in nature and provided without the exchange of money or other consideration. Classful reserves the right to expire, revoke, modify, or discontinue any Credits at any time and for any reason without notice. Use of Credits is subject to the terms and conditions applicable to the features or services to which the Credits are applied. By accepting or using Credits, you agree that they are provided as-is, with no warranties, and that Classful has no obligation to replace or honor unused Credits after their expiration or revocation.
d. Taxes
i. Donations made through the Platform are not tax-deductible unless the Fundraiser is a verified 501(c)(3) organization. Fundraisers must clearly state in their campaign description whether the funds are tax-deductible. Classful does not assume responsibility for any tax implications related to the donation process.
ii. You acknowledge and agree that you are solely responsible: (A) for all tax liability associated with payments received from Consumers or Donors and through the Platform, and that Classful will not withhold any taxes from payments to Users; (B) for determining whether Users are required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to fees for products, courses, or donations and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (C) if outside of the United States, for determining if Classful is required by applicable law to withhold any amount of fees for products, courses, and/or donations, notifying Classful of any such requirement, and indemnifying Classful for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest).
iii. In the event of an audit of Classful, Users agree to promptly cooperate with Classful and provide copies of tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Users are engaging in an independent business as represented to Classful.
8. EXTERNAL SERVICES AND THIRD-PARTY CONTENT
a. Third-Party Software, Systems, and App Stores
i. The following additional terms and conditions apply to you if you download the App from a third-party platform such as the Apple/iOS App Store and Google Play Store (“Third-Party Store”). To the extent that the other terms of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this section, the more restrictive or conflicting terms and conditions in this section will apply, but solely with respect to the App and the Third-Party Store. You acknowledge and agree that:
– This Agreement is concluded solely between you and Classful, not with the providers of any Third-Party Store, and Classful (not the Third-Party Store providers) is solely responsible for the App and the content thereof. To the extent that this Agreement provides usage rules for the App that are less restrictive or in conflict with the applicable terms of service of the Third-Party Store from which you obtain the App, the more restrictive or conflicting terms of the Third-Party Store will take precedence and will apply.
– The Third-Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Classful is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third-Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
– Classful, not the Third-Party Store provider, is responsible for addressing any claims that you or any third party may have relating to the App or your possession or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; or (4) intellectual property infringement claims.
– The Third-Party Store provider and its subsidiaries are third-party beneficiaries of this Agreement, and, upon your acceptance of this Agreement, the Third-Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
ii. In the event of a conflict between a Third-Party Store’s or mobile carrier’s applicable terms and conditions and this Agreement, the terms and conditions of the Third-Party Store or mobile carrier will govern and control. We are not responsible, and have no liability whatsoever, for third-party goods or services you obtain through a Third-Party Store or mobile carrier. We encourage you to conduct whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
b. Third-Party Links and Services
i. If you use a service, feature, or functionality that is operated by a third party and made available through the Platform (including services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Classful is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
ii. Certain features of the Platform may require access to and use of your device’s map features or functionality, such as Google Maps or other External Services. Any use of those features will be subject to the terms and conditions applicable to such External Services. By using the Platform, you may also be required to agree to the end-user terms for any such third-party services. It is your sole responsibility to review the terms and conditions that apply to the third-party services before using those services in conjunction with the Platform. This Agreement does not apply to any activities conducted via third-party services.
iii. The Platform may contain links to third-party websites, advertisers, products, services, or other offerings that are not owned or controlled by Classful. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Platform or use a third-party service, you do so at your own risk, and you understand that this Agreement and the Classful Privacy Policy do not apply to your use of such third-party sites or services. You expressly relieve Classful from any and all liability arising from your use of any third-party website, service, or content.
iv. Additionally, your dealings with or participation in promotions of advertisers found on the Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
v. If you are a California resident, you hereby waive California Civil Code Section 1542 (and any other similar applicable state statute), which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”
vi. Some links to third-party sites may be monetized by third-party services. Classful may receive compensation for its role in the purchasing process by referring prospective purchasers to products on third-party sites. This compensation does not affect the final purchase price of such products. This referral disclosure is provided in accordance with the United States Federal Trade Commission’s 16 CFR § 255.5.
b. External Service Purchases
i. When making a purchase on the Platform, you may have the option to pay through an external service and your external service account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your external service account. Some external services may charge you sales tax, depending on where you live, which may change from time to time.
ii. If you initiate a chargeback or otherwise reverse a payment made with your external service account, we may terminate your Account immediately, at our sole discretion. We will retain all funds charged to your external service account until you cancel your subscription through your external service account. Certain Users may be entitled to request a refund.
9. ACCOUNT TERMINATION
a. You can delete your Account at any time by logging into your Account on the Platform and following the instructions to terminate your Account. However, you will need to cancel or manage any external service purchases through your external service account (e.g., Apple/iOS App Store, Google Play) to avoid additional billing.
b. We reserve the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated this Agreement, misused the Platform, or behaved in a way that we deem inappropriate or unlawful, on or off the Platform. We reserve the right to make use of any personal, technological, legal, or other means available to enforce this Agreement, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Platform.
c. If your Account is terminated by you or by Classful for any reason, the terms of this Agreement continue and remain enforceable between you and Classful, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.
10. DISCLAIMERS
a. The following disclaimers are made on behalf of Classful, its officers, employees, directors, shareholders, affiliates, agents, and licensors (collectively, the “Covered Parties”).
b. CLASSFUL PROVIDES THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT (i) THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (ii) ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED, OR (iii) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE PLATFORM WILL BE ACCURATE.
c. CLASSFUL TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU, OTHER USERS, OR THIRD PARTIES POST, SEND, OR RECEIVE THROUGH THE PLATFORM, NOR DO WE TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE THROUGH THE PLATFORM. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM (i) ANY SECURITY BREACH, (ii) ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, (iii) COMPUTER LINE OR NETWORK FAILURE, OR (iv) ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
d. You are responsible for the use of your Account and Classful expressly disclaims any liability arising from the unauthorized use of your Account. Should you suspect that any unauthorized party may be using your Account, or you suspect any other breach of security, you agree to notify us immediately.
e. You understand that Classful does not conduct criminal background or identity verification checks on its Users or otherwise inquire into the background of Users. We make no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of Users. We reserve the right to conduct—and you authorize us to conduct—any criminal background check or other screenings at any time using available public records and you agree that any information you provide may be used for that purpose. If we decide to conduct any screening through a consumer reporting agency, you hereby authorize us to obtain and use a consumer report about you to determine your eligibility under the terms of this Agreement.
f. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE PRECAUTIONS. COMMUNICATIONS RECEIVED THROUGH THE PLATFORM, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY CLASSFUL, MAY RESULT FROM USERS ENGAGING WITH THE PLATFORM FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR. YOU AGREE TO USE CAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OUTSIDE OF THE PLATFORM OR MEET IN PERSON.
g. USERS ARE NOT COVERED PARTIES WITHIN THE MEANING OF THESE TERMS. WE DO NOT CONTROL OR HAVE THE RIGHT TO CONTROL USERS, EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY APPLICABLE SUPPLEMENTAL TERMS, OR AS REQUIRED BY APPLICABLE STATE OR FEDERAL LAW, REGULATION, OR ORDINANCE.
11. INDEMNITY; LIMITATION OF LIABILITY
a. Indemnification
i. You agree to indemnify and hold harmless the Covered Parties against any and all claims, damages, losses, costs, liabilities, and expenses or fees (including reasonable attorneys’ fees), of any kind, relating to or arising out of: (i) your use of the Platform; (ii) your violation or breach of any provision of this Agreement, any additional or supplemental rules or policies relating to the Platform, or any applicable law or regulation, whether or not referenced herein; (iii) your violation of any rights of any third party; (iv) your use of, or inability to use, the Platform.
ii. Classful reserves the right, at its sole discretion and expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any of the Covered Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission.
b. Limitation of Liability
i. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE COVERED PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THIS AGREEMENT, HOWEVER ARISING (INCLUDING NEGLIGENCE), EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ii. IN NO EVENT WILL CLASSFUL’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PLATFORM EXCEED THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH THE PLATFORM WHILE YOU HAVE AN ACCOUNT.
iii. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION WILL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
iv. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. DISPUTE RESOLUTION
a. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND Classful ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND Classful AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
b. Governing Law
i. This Agreement and any and all claims, disputes, or other legal proceedings by or between you or Classful, including, but not limited to, any such claims or disputes that are in any way related to or arising under this Agreement or your access to or use of the Platform, Classful websites or platforms, or the App, will be governed by the laws of the State of California without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction.
ii. The parties agree that their arrangement under this Agreement is in interstate commerce and that the Federal Arbitration Act applies to the construction of the arbitration provisions below. For any claim, dispute, or other legal proceeding not subject to the arbitration provisions below, the claim or dispute will be brought and litigated exclusively in the state courts located within Los Angeles County, California or the federal courts in the Central District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.
c. Agreement to Arbitrate.
i. If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and Classful each agree that any and all disputes between Users and Classful arising under or related in any way to this Agreement or such user’s use of the Platform, Classful websites or platforms, or the App must be resolved through binding arbitration as described in this section.
ii. With the exception of the prohibition on class arbitrations set forth in this “Dispute Resolution” section, if an arbitrator or court decides that any part of this Agreement to Arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.
d. Exceptions to Arbitration
i. This Agreement to Arbitrate will not apply to the following: (1) small claims court cases that qualify; (2) legal proceedings that involve efforts to obtain user-identifying information; (3) any legal proceedings brought against Classful by companies or other legal entities or individuals acting on behalf of such companies or other legal entities; (4) any legal proceedings brought by Classful against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (5) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
ii. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement, and the Dispute Resolution section, will continue to apply.
e. Informal Dispute Resolution
i. If either of you or Classful intends to seek arbitration under this Agreement, the party seeking arbitration must first notify the other party of the dispute, in writing, at least 30 days in advance of initiating arbitration.
ii. Notice to Classful should be sent to 6090 S Fort Apache Rd #110, Las Vegas, NV 89148. If you have an Account, notice to you will be sent to the e-mail address associated with your Account.
iii. The notice of dispute (“Notice”) must (1) describe the nature and basis of the claim or dispute and (2) set forth the specific relief sought. If you and Classful do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Classful may commence formal arbitration proceedings.
f. Arbitration Procedure
i. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), if applicable, as modified by this section. Any settlement offer made by you or Classful may not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration will be held in Los Angeles, California.
ii. For any claim where the total amount of the award sought is $10,000 or less, you and Classful may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Classful, subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or Classful may attend by telephone, unless the arbitrator requires otherwise.
iii. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Users but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator’s award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
g. Opt-Out Procedure
i. IF YOU ARE A NEW CLASSFUL USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE CLASSFUL TERMS OF USE FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO CLASSFUL, LLC, RE: OPT-OUT NOTICE, 6090 S FORT APACHE RD #110, LAS VEGAS, NV 89148.
ii. For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the e-mail address(es) associated with the Classful account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective.
iii. This procedure is the only way you can opt out of the Agreement to Arbitrate.
iv. If you opt out of the Agreement to Arbitrate, all other parts of this Agreement and this Dispute Resolution section will continue to apply. Opting out of the Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements between you and Classful.
h. Modification of the Agreement to Arbitrate
i. Notwithstanding any provision of this Agreement to the contrary, you and Classful agree that, if Classful makes any changes to this Dispute Resolution section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Agreement that have arisen or may arise between you and Classful.
ii. We will notify you of changes to this Dispute Resolution section by posting the changes on the Platform at least thirty (30) days before the effective date of the changes and also by e-mail. If you do not agree to any modified terms, you may close your account within the thirty (30) days between the notification date and the effective date, and you will not be bound by the changes.
14. MISCELLANEOUS
a. Governing Law; Venue
i. This Agreement and any disputes arising under or related to this Agreement, the Platform, our Privacy Policy, or any supplemental or additional terms relating to the Platform will be governed by the laws of the State of California, without reference to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction and venue of the courts located within California for any legal proceeding arising from the same, regardless of the cause of action or which party has initiated the legal proceeding.
ii. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Classful agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Los Angeles, California if you are a California citizen or resident, and in the United States District Court for the District in which you reside if you are not a California citizen or resident.
b. Severability
If any clause or provision set forth in this Agreement is determined to be illegal, invalid, or unenforceable under present or future law, the clause or provision will be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
c. Waiver
No failure or delay in exercising any right, power or privilege under this Agreement will operate as a waiver of such right or acceptance of any variation of the Agreement, and nor will any single or partial exercise by either party of any right, power, or privilege preclude any further exercise of the right or the exercise of any other right, power, or privilege.
d. Integration
This Agreement, together with any amendments, policies, and additional agreements between you and Classful in connection with Platform, will constitute the entire agreement and understanding between you and Classful concerning the Platform. You acknowledge and agree that you have not relied upon any statement, promise, or representation made or given by or on behalf of Classful that is not set out in this Agreement or any document expressly referenced herein.
e. Interpretation
i. The headings in this Agreement are for convenience only and have no legal or contractual effect.
ii. To the extent allowed by law, the English version of this Agreement is binding, and any translations are provided for convenience only.
iii. All pronouns and any variations thereof will be deemed to refer to the masculine, feminine, neuter, singular, or plural as the identity of the subject entities or persons.
iv. Any word both capitalized and uncapitalized will be deemed to have the same meaning.
f. Relationship of the Parties
This Agreement does not create, and may not be construed to create, any agency, partnership, joint venture, fiduciary, or other special relationship or employment. You may not make do not have the authority to bind or make representations on behalf of Classful in any manner.
g. Assignment; Transfer
You agree that your Account is non-transferable and all of your rights to your Account, and its content, terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Classful without restriction.
h. Notices; Electronic Communications
i. Classful may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via e-mail, written or hard copy, or through conspicuous posting on our websites or platforms, as determined by Classful in its sole discretion. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering that you or your network provider may apply to e-mail notifications sent to the e-mail address associated with your Account. We recommend that you add [email protected] to your e-mail contacts or address book to help ensure that you receive e-mail notifications from us.
ii. By accessing the Platform or registering for an Account, you consent to receive communications from Classful in electronic form, and agree that all terms and conditions, agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This section does not affect your statutory rights.
i. Refund Policy
We aim to provide clarity regarding refund eligibility. Due to the nature of our platform and digital offerings, most purchases are non-refundable. Please review the specific policies by product type below:
i. Digital Products
All digital product purchases are non-refundable, except in the following limited circumstances:
– Duplicate Purchases: If the same digital item is accidentally purchased more than once on the same account.
– Technical Defects: If the file is corrupted, damaged, or fails to function as described.
– Delivery Errors: If the item cannot be accessed or downloaded due to an error on Classful’s platform.
In these cases, the buyer must contact the merchant/seller directly to resolve the issue. Refund eligibility is at the sole discretion of the seller.
ii. Physical Products
Refunds for physical products may be available under the following conditions:
– The buyer must request a refund within 30 days of delivery.
– The item must be unused and in original condition.
– The buyer must contact the seller directly and follow the seller’s stated return policy.
– The seller may require the buyer to cover return shipping or restocking fees.
Classful does not manage returns or issue refunds for physical products; this is handled by the seller.
ii. Subscriptions, Premium Accounts, Fundraising, and Donations
The following are strictly non-refundable:
– Team or individual subscriptions.
– Premium account upgrades.
– Funds used toward fundraisers or Donation Jar contributions.
These charges are final and not subject to reversal or dispute, except as required by applicable law.