Terms of Use
This Terms of Use Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and Study Genie, Inc. (“Magna Education,” “Magna,” “our,” “we,” or “us”), governing your use of Magna Education’s website www.magnaeducation.ai and any related services provided by Magna Education (collectively, the “Services”). By accessing or using the Services, you agree to be bound by this Agreement and all terms and conditions including but not limited to terms of use incorporated herein by reference. If you do not agree to all of the terms and conditions of this Agreement, do not access or use the Services.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.
Effective Date: April 3, 2024
Overview
This Agreement constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Magna Education, concerning your access to and use of the Magna Education website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” or “Platform”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by this Agreement.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE IN THIS AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Use of the Platform
The Platform, including all its contents, features, and functionalities, is owned by Magna Education, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Magna Education grants you a non-exclusive, limited, non-transferable license to use and view the materials on the Platform only for your personal use, subject to the terms of this Agreement. Downloading of materials, particularly those that are the property of Magna Education, is not permitted without explicit permission.
The Platform is intended for individuals who can form legally binding contracts under applicable law. By accessing or using the Platform, you represent that you are either: (1) 18 years of age or older; or (2) younger than 18 years of age but at least 13 years old, and your parent or legal guardian has granted you permission to access and use the Platform. If you are under 18 years old, your parent or legal guardian must read and agree to this Agreement on your behalf for you to access and use the Platform. If you are a parent or legal guardian and you grant your child permission to access and use the Platform, this Agreement applies to you, and you are solely responsible for all of your child’s activities on or associated with the Platform.
Compliance with Student Data Privacy Laws
Magna Education is committed to protecting the privacy and safety of all users, especially children and students. In accordance with the California Student Online Personal Information Protection Act (SOPIPA) and the Children’s Online Privacy Protection Act (COPPA), we have implemented strict policies and procedures to ensure compliance with these regulations.
Magna Education acknowledges the importance of protecting student data in compliance with the SOPIPA. We do not use any student data for targeted advertising, and we do not sell or disclose student information for any commercial purposes. Any student data collected is used solely for educational purposes and to improve the learning experience of our users.
Magna Education does not knowingly collect personal information from children under the age of 13 without verifiable parental consent, in accordance with COPPA regulations. If we become aware that personal information has been collected from a child under 13 without appropriate consent, we will take prompt steps to delete such information from our servers.
Parents or legal guardians have the right to review, modify, or delete any personal information collected from their children under COPPA regulations. If you are a parent or legal guardian and believe that your child’s information has been collected by Magna Education without your consent, please contact us immediately at privacy@MagnaEducation.ai to request the removal of such information.
If you believe that Magna Education has violated COPPA or SOPIPA regulations, or if you have any concerns regarding the privacy and safety of children or students, please contact us immediately at privacy@MagnaEducation.ai so that we can investigate and address the issue promptly.
By using the Services, you acknowledge and agree to our compliance with SOPIPA and COPPA regulations. We are committed to protecting the privacy and safety of all users, especially children and students, and will continue to uphold the highest standards of privacy and security in accordance with these laws.
Platform Copyrights & Trademarks
You agree to retain all copyright and other proprietary notices associated with any original materials that you access or use from the Platform. You may not modify the materials on the Platform in any way or reproduce, publicly display, perform, distribute, or otherwise use them for any public or external business purpose without our explicit written permission.
You are expressly prohibited from copying, reproducing, distributing, publishing, displaying, or publicly performing the Platform, except for limited demonstration purposes as explicitly permitted by Magna Education. Any unauthorized dissemination of the Platform, including but not limited to live streaming, public display, or performance, is strictly prohibited. This restriction is in place to prevent unauthorized sharing or broadcasting of the Platform’s content, which undermines its value and violates Magna Education’s intellectual property rights. While limited demonstrations for educational or promotional purposes may be allowed with prior written consent from Magna Education, such use must adhere to specific guidelines outlined by Magna Education. Any violation of this provision will result in immediate termination of access to the Platform and may result in legal action.
You may not distribute any part of the Platform over any network, nor sell or offer it for sale. You may not copy, decompile, reverse-engineer, disassemble, modify, or create derivative works of the Platform. This includes, but is not limited to, prompts, questions, problems, feedback, and/or suggestions.
Registered and common law trademarks and service marks of Magna Education may not be copied or used in any manner without prior written authorization from Magna Education.
Magna Education reserves all rights that are not specifically granted to you.
User Accounts and Registration
You may be required to register with the Services to access certain features or areas of the Site. By registering, you agree to provide accurate and complete information as prompted by the registration form. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your account. You agree to immediately notify Magna Education of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Magna Education cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Account Classifications & General Account Provisions
Educator Accounts are intended for individuals involved in educational roles such as administrators, teachers, tutors, teaching aids, and other educational professionals. Educator Accounts may have additional privileges access to auxiliary features or functionalities tailored to support their educational activities, including, but not limited to, creating and managing courses, accessing teaching resources, and monitoring student progress. To facilitate some of these features, Student Account data, including, but not limited to, the student’s course enrollment, scores, and feedback, may be shared to enhance the educational content the student engages with. Users with Educator Accounts are responsible for maintaining the security and confidentiality of their account credentials. They should use the Platform solely for educational purposes and abide by the terms outlined in this document.
Student Accounts are designated for individuals enrolled in educational programs, courses, or institutions. Student Account privileges typically entail access to course materials, assignments, assessments, and communication tools necessary for their educational pursuits. Student Account data may be shared with a corresponding Educator if the Student Account is linked to a course enrollment. Additionally, depending on the Student Account settings, shared content and profile data may be publicly viewed within the bounds of the Platform. Students are expected to use their accounts in accordance with the guidelines provided in this document and any additional rules established by their educational institution. They should respect the rights and privacy of other users and refrain from engaging in any activity that violates this Agreement.
Users may create either an Educator or Student Account based on their role and affiliation with educational institutions or organizations. The Platform reserves the right to determine the eligibility criteria for educator and student accounts and may modify or revoke account privileges as necessary. The Platform reserves the right to suspend or terminate accounts that violate this Agreement or engage in prohibited activities, without prior notice.
Account Ownership & Limitations
Each User account is intended for the exclusive use of the individual who registered for the account (“Intended User”). Sharing of accounts, login credentials, or access to the Platform with others is strictly prohibited. Account sharing constitutes a material breach of this Agreement. In the event of account sharing, Magna Education reserves the right to terminate the offending account(s) immediately and without prior notice as outlined in the below “Terms & Termination” section of this Agreement.
To maximize the effectiveness of our AI-powered educational Platform, each User account is limited to one Intended User. This policy ensures that our AI algorithms can learn and personalize the educational experience based on the unique learning patterns and preferences of each User. Multiple users accessing a single account diminishes the efficiency and accuracy of our AI algorithms. Personalization is a cornerstone of our educational approach, and account sharing undermines our ability to tailor the learning experience to the specific needs of each individual User. By adhering to the single user policy, Users can optimize their learning outcomes by benefiting from personalized recommendations, adaptive learning paths, and targeted feedback provided by our Platform.
Acceptable Use Policy
You agree to not use the Platform in any manner that is illegal, fraudulent, abusive, or in any manner that interferes with Magna Education’s business or activities. Prohibited activities include but are not limited to:
- Bypassing or breaking any security mechanism on the Platform.
- Transmitting any material that contains viruses, Trojan horses, spyware, or other malicious programs.
- Violating any applicable laws or regulations.
- Using the Platform to cheat on any standardized test or application.
- Transmitting any material that is offensive, inappropriate, or objectionable.
Intellectual Property & Content
All content provided on our platform, including but not limited to text, graphics, logos, images, and software, is the property of Magna Education or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content without our prior written permission.
The Services allow users to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials (“Contributions”). By creating or making available any Contributions, you represent and warrant that:
- Your Contributions do not infringe the proprietary rights of any third party.
- You are the creator and owner of or have necessary licenses, rights, consents, releases, and permissions to use and authorize Magna Education to use your Contributions.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions do not violate any applicable law or regulation.
AI Utilization & Guidelines for Responsible Use
Magna Education, our AI-enabled educational Platform and associated properties, utilize advanced artificial intelligence (“AI”) technologies and features. These technologies are continually evolving, and as such, our users are advised to familiarize themselves with responsible AI usage, particularly with generative AI, when utilizing Magna Education’s Services. It is your responsibility to educate yourself and any authorized users on the appropriate and ethical use of AI technologies.
We strongly encourage all users, especially those overseeing authorized users, to review relevant guidelines and educational materials related to our AI systems. Access to our Services, including our AI chatbot, may require familiarity with these guidelines. Users should be aware that while our AI systems strive for accuracy, errors may occur, and it is the user’s responsibility to verify the information provided (referred to as Output).
As the user, you are obligated to monitor and approve the use of Magna Education’s Services, ensuring compliance with the terms and conditions of this Agreement and any applicable guidelines. We strongly recommend adult supervision for authorized users, especially in educational settings.
By using Magna Education’s Services, you agree to adhere to these Terms and guidelines, ensuring responsible and ethical use of our AI-enabled educational Platform. Failure to comply with this Agreement may result in the termination of access to our Services.
Contribution License
You and Magna Education agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings). By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions.
Guidelines for Reviews
We may provide areas on the Services for leaving reviews or ratings. When posting a review, you must comply with specified criteria, including accuracy and prohibition of offensive language or discriminatory references.
Social Media Use, Social Media Integration, & User Interactions
As part of the functionality of the Services, you may link your account with third-party service providers (“Third-Party Accounts”). By granting access to any Third-Party Accounts, you understand and agree to certain data access and usage.
You may have the option to connect your account on our Platform with third-party social media accounts. By doing so, you authorize us to access and use certain information from your social media profile in accordance with our Privacy Policy.
When interacting with other users on our Platform or on social media channels associated with us, you must adhere to our community guidelines and refrain from engaging in any behavior that is offensive, abusive, or disruptive.
Third-Party Websites and Content
The Services may contain links to Third-Party Websites and Third-Party Content. Magna Education is not responsible for the content, accuracy, or privacy practices of such Third-Party Websites or Content.
Your Warranties
You represent and warrant that your use of the Platform will not infringe or violate the rights of any other party or breach any contract or legal duty.
Disclaimers
The Platform is provided “as is” with no representations or warranties of any kind. Magna Education does not guarantee that the Platform will be free of viruses or other destructive code.
No Guarantee of a Particular Score or Outcome
Magna Education provides resources and support for standardized tests but does not guarantee specific scores out outcomes on the aforementioned tests or in the college admissions process. While we offer comprehensive content, questions, and feedback, achieving particular results depends on the individual’s effort and skills. We emphasize personalized strategies and active engagement to empower students. Ultimately, success is determined by the student’s dedication and perseverance. Our role is to supplement traditional education and provide guidance, but the responsibility for academic achievement lies with the user. At Magna Education, we prioritize collaborative learning environments where students can thrive and reach their full potential.
Services Management
Magna Education reserves the right to monitor the Services for violations of these terms, take legal action against violators, and manage the Services to protect its rights and property.
Privacy Policy
Your use of the Services is subject to Magna Education’s Privacy Policy, which governs the collection, use, and disclosure of your personal information.
Term and Termination
This Agreement shall remain in full force and effect while you use the Services. Magna Education reserves the right to deny access or terminate your account at any time without notice. In the event of termination by Magna Education, no refunds shall be issued, and the account will be charged through the end of the current billing cycle or month, whichever is applicable.
Modifications and Interruptions
Magna Education reserves the right to change, modify, or remove the contents of the Services at any time without notice. We are not liable for any interruptions or errors in service.
Governing Law & Dispute Resolution
This Agreement is governed by the laws of the State of California, exclusive of its choice of law rules. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal or state courts located in San Francisco, California.
Any legal action between you and Magna Education shall be brought in the state and federal courts located in San Francisco, California, and subject to California law.
The process for resolution is as followed:
- Negotiation: In the event of any dispute or claim arising under this Agreement, the parties agree to first attempt to resolve the matter through good-faith negotiation.
- Arbitration: If negotiation is unsuccessful, any unresolved disputes shall be finally settled through binding arbitration per this Agreement.
Mandatory Arbitration & Class Action Waiver
ANY CLAIMS OR DISPUTES ARISING OUT OF THIS AGREEMENT WILL BE DECIDED BY ARBITRATION IF GOOD-FAITH NEGOTIATION IS UNSUCCESSFUL.
By using our Platform, you agree to resolve any disputes or claims through binding arbitration, waiving your right to pursue litigation in court, except as provided herein.
Arbitration shall be conducted by a single appointed arbitrator. The arbitrator’s decision shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You agree that any arbitration or legal proceedings shall be conducted on an individual basis and not as a class, collective, or representative action. You waive any right to participate in any class action lawsuit or class-wide arbitration.
Waiver of Jury Trial
To the fullest extent permitted by law, you waive your right to a jury trial in any dispute arising under this Agreement or related to your use of our Platform.
Limited Time to Bring a Claim
You and Magna Education agree to begin any claim or arbitration within one year after a claim arises; otherwise, the claim is waived.
Limitations of Liability
Magna Education is not responsible for any damages arising out of or relating to the Platform, even if Magna Education has been advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify, and hold harmless Magna Education and its affiliates from any claims arising out of your use of the Platform.
Copyright Infringement Claims
Magna Education respects the intellectual property rights of others. If you believe that any material on the Platform infringes your copyright, you may submit a notification to us at questions@MagnaEducation.ai pursuant to the Digital Millennium Copyright Act (“DMCA”).
Miscellaneous
This Agreement constitutes the entire agreement between you and Magna Education regarding the Services. If any provision of this Agreement is deemed unlawful, void, or unenforceable, such provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Revisions to the Agreement
Magna Education may update this Agreement at any time and for any reason by posting revisions to the Platform. You should review this Agreement frequently because it and any of these updates are binding upon you when you access or use the Platform or continue to use the Platform.
Contact Information
Magna Education
2261 Market Street STE 10356
San Francisco, CA 94114
Phone: 1-866-926-2462
Email: hello@MagnaEducation.ai
Agreement to Terms
By using the Services, you agree to these terms and conditions in this Agreement. If you do not agree to this Agreement, you may not use the Services.
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Last Modified: April 3, 2024