The Got It Service

Welcome and thank you for using Got It. We want to protect your rights and those of any other user or third party who interacts with us. We’re glad you’re here, but there are some rules you need to agree to before you use our mobile application, websites and services. These Terms of Service (“Terms”, “Terms and Conditions”, “Terms of Use”)) are an agreement between GotIt! Inc., a Delaware corporation (“Got It” or “us”), the owner and operator of https://www.got-it.co/ and any subdomain of got-it.co (the “Got It Sites”), the Got It mobile applications, the Got It software, including Got It (collectively, including all content provided by Got It through Got It and the Got It Sites, the Got It apps, or the “Got It Service”, the “Service”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS, AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION AS SET FORTH IN Got It’S PRIVACY POLICY, WHICH CAN BE FOUND AT https://www.got-it.co/privacy-policy.html. If you choose to not agree with these Terms, you are not permitted to use the Service.

Through our Service, we enable people (“Students”) to connect with subject matter experts (“Experts”) who provide explanations to problems, grading of problems, practice problems, 1:1 chat between Students and Experts, and other educational and knowledge services.

We require all Experts to pass skills tests to make reasonable commercial efforts to confirm the validity of Experts’ educational credentials. We do not endorse or make any representations or warranties regarding the skills or knowledge of Experts.

You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Service and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.

As an online and mobile service, Got It may periodically be unavailable as we perform regular maintenance and upgrades.

Changes to the Terms of Service

We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Service or updating the “Last Updated” date above. Your continued use of the Service will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Service.

Use of Other Websites

These Terms apply to all users of the Service. The Service, including information provided by our users through the Service, may contain links to third party websites that are not owned or controlled by Got It. Got It has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Service, you expressly acknowledge and agree that Got It shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

Your Account

By registering for the Service, you affirm that you are (i) 18 years of age or the applicable age of majority or older in your province, territory, or country, or (ii) an emancipated minor. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them. In order to use the Service, you may be required to register for an account with Got It (“Got It Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable laws or the Terms. Got It may suspend or terminate your Got It Account for any breach of these Terms or for any other reason in Got It’s sole discretion. You are solely responsible for selecting an appropriate username and for any and all disclosures you make of your username to others, including any selection or disclosure that makes you personally identifiable. You are responsible for maintaining the confidentiality of your Got It Account login username and password (the “Login Information'') and are fully responsible for all activities that occur under your Got It Account and you agree to remain fully responsible for compliance with these Terms by any such third party. Got It will not be liable for any loss or damage arising from your failure to adequately safeguard your password or for any actions occurring under your password. You agree to immediately notify Got It of any unauthorized use, or suspected unauthorized use, of your Got It Account, Login Information or any other breach of security. Got It will have the right, but not the obligation, to deactivate any Got It Account identified in such a notification. Got It cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

License

We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use the Service through your Got It Account solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of the Service. This license to you will automatically terminate if you violate these Terms. Except for the foregoing limited license, no right, title or interest is transferred to you. We may allow you to store encrypted, cached content on your tablet, smartphone or other compatible internet-connected device. You may not transfer copies of cached content to any other device.

Ownership; Restrictions on Use

All right, title, and interest in and to the Service site and services are and will remain the exclusive property of Got It! and its licensors. The content on the Service, including without limitation, text, software, graphics, photos, sounds, music, videos, User Submissions, interactive features and the like (“Content”) and the "Got It!" word mark and design mark, as well as certain other of the names, logos, and materials displayed on or through the Service that constitute trademarks, trade names, service marks or logos (“Marks”) are owned by or licensed to Got It! and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Service or any portion of the Service, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by us or our applicable licensors. You also agree to view Content as made available through the Service only in geographic locations where we offer the Service and have licensed such Content. The Service is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.

Your Content

We may provide functionality that enables you to post, upload, submit or otherwise make available content to the Service. Any content including but not limited to materials, information, session transcripts, text chat communication, voice communication, video communication or ideas that you upload, communicate or otherwise transmit or post to us, the Site, the Experts or any other part of the Service by any means (“User Content”) will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, manufacturing, and marketing our current and/or future Services. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, world wide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter, with or without attribution, and without further notice to you, in perpetuity. You also grant each user of the Service a non-exclusive license to view your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the normal functionality of the Service and these Terms in perpetuity, with the exception of academic source materials such as textbooks and workbooks, which you assert you are entitled to upload under the “fair use” doctrine or other provision of applicable copyright law. In addition, if you request that our system display a representation of a page or problem from a textbook or workbook, you expressly warrant that you are in proper legal possession of such a textbook and that your instruction to our system to display a page or problem from your textbook is made for the sole purpose of facilitating your use of the Service, and that such use is permitted under the “fair use” doctrine or other provision of applicable copyright law.

You agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You understand and agree that you will be solely responsible for your User Content and the consequences of submitting and making available such User Content to the Service. You also agree that we may record all or any part of your use of the Service (including chat and voice communications) for quality control and other purposes. We reserve the right, but are not required, to review your use of the Service for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts and recordings of your use of the Service and all comments that you may provide to us on or through the Service or any other means, such as as a part of user satisfaction or other similar surveys, and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.

You shall be solely responsible for, and assume all liability regarding your own User Content, the consequences of posting or publishing it, and your interaction with other users through the Service.

Got It does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Got It expressly disclaims any and all liability in connection with User Content. Got It will remove User Content if properly notified as set forth in Got It’s Copyright Policy (located at URL) that such User Content infringes on another’s intellectual property rights. Got It reserves the right to remove User Content without prior notice.

You agree that you will treat the Experts with respect and not use obscenities, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that you will not disclose any information to an Expert that could be considered personally identifiable information including your full name, address, telephone number, email address, social security number, password or any other information that could be used to identify or locate you. A violation of this agreement may lead to a suspension or termination of your account. Similarly, you agree that you will not solicit any such information from any Expert, and agree that if any Expert ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing.

You acknowledge that Got It may or may not pre-screen User Content, but that Got It and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Service. Without limiting the foregoing, Got It and its designees shall have the right to remove any User Content that violates these Terms or that Got It considers to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

User Conduct

We would like to keep the Service as safe as possible for our users but need your help to do so. Got It does not allow, and you agree not to use this Service to:

• upload, post, email, transmit or otherwise made available any User Content that is unlawful, harmful, derogatory, defamatory, abusive, threatening, vulgar, obscene (including but not limited to posting pictures or videos with drugs, alcohol, nudity or sexual acts), bigoted, libelous, tortuous, hateful, racially or ethnically objectionable, insulting or that violates any person’s privacy (including but not limited to posting pictures, full names, email addresses, addresses, or phone numbers without consent);
• harm minors in any way;
• “stalk” or otherwise cyberbully (including but not limited to bullying, harassing, humiliating, threatening, embarrassing or targeting) another person;
• transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• create an account for a person that does not exist or rent or lease your account;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• post information that you know is false, misleading, or that promotes illegal activity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
• knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• breach or circumvent any security or authentication measures (including geo-restriction measures);
• attempt to decompile or reverse engineer any software contained on the Service;
• remove any copyright, trademark, or other proprietary notations from any Content or User Submissions of other users;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
• participate in the session with your camera or video turned on (for applicable session types);
• share any content other than the material relevant to the StudyBoost session when utilizing the shared workspace or uploading content (for applicable sessions).

We reserve the right to remove any material or terminate the Got It Account of any person we determine violates any of these Terms.

Notwithstanding the foregoing, Got It is not required to host, index, or display any User Content uploaded or otherwise provided to Got It, and may remove or refuse to host, index or display any User Content. Got It is not responsible for any loss, theft, intellectual property infringement or damages of any kind related to the User Content.

Fraud

Got It takes fraud seriously. Any individual engaging in fraudulent activity will be banned from the Service, and may lose any Credit or payment balance. In addition, to the extent permitted by law, Got It may provide information regarding fraud to law enforcement agencies.

Feedback

If you provide Got It with any comments or suggestions related in any way to the Service or to Got It, including within any support inquiries (collectively, “Feedback”), you hereby assign to Got It all rights in the Feedback and agree that Got It will have the right to use such Feedback in any manner it deems appropriate. Got It may treat any Feedback you provide to Got It as non-confidential and non-proprietary. You agree that you will not submit to Got It any information or ideas that you consider to be confidential or proprietary or that you do not have the right to submit in accordance with these Terms.

Warranty Disclaimer

Got It does not make any representations or warranties concerning any content contained in or accessing through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from Got It or others. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY AND ALL PARTS THEREOF ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Got It BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY DAMAGES OF ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO Got It IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT Got It MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Indemnity

You agree to indemnify and hold Got It, its affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your Got It Account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your Got It Account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Got It reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Got It in asserting any available defenses.

Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Got It Account, in any way (by operation of law or otherwise) without Got It’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations with or without consent.

Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of the State of California, without regard to any choice of law or the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Santa Clara County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States federal courts and California state courts located in the Northern District of California.

Termination

Got It reserves the right, in its sole discretion, to terminate your access to the Service or to any part of the Service, with or without notice. Your right to use the Service automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Service.

Communications

By using the Service, you agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).

Additional Terms for Students

Students typically pay for the Service using Got It Credits (“Credits”). Students buy or earn through activities Credits, which may then be redeemed for various Got It services within the Service.

Any fees that Got It may charge Students for the Service, are due immediately and payments are final and non-refundable unless Got It determines in its sole discretion that a refund is appropriate. Got It reserves the right to determine the then-current pricing. The payment gateway in the app will reflect the then-current pricing, however, please note the pricing information published on the website or app may not reflect the then-current pricing.

Minutes, Credits, or other items purchased through Got It will expire within one year from purchase date unless such a longer period of time is required by law.

Got It, in its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Got It may change the fees for our Service, as we deem necessary for our business. We encourage you to check back on our mobile app and at our website periodically if you are interested about how we charge for the Service.

Additional Terms for Experts

Experts are independent contractors, and are not employees of Tutor Universe, Inc. or other companies associated with Got It. Experts are responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with their activity in connection with the Service.

As an Expert you will receive some number of Credits for your work. Periodically Got It will convert Credits into real world currency for payment. The conversion rate will depend on the Expert’s performance and ranking (for example, by measuring the accuracy of the Expert’s explanations, the speed and quality of the Expert’s work, etc.) and local currency conversion rates. Got It is solely responsible for determining this conversion rate.

We typically pay Study Experts twice a month, but reserve the right to alter this as needed. Payment is typically made in U.S. dollars but may be made in other currencies.

Miscellaneous

You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Got It agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Got It, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). Got It shall not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages or transportation facilities, fuel, energy, labor or materials. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Got It in any respect whatsoever. Except as expressly set forth in the terms of an applicable platform provider (for example, Apple or Google), you and Got It agree there are no third party beneficiaries under these Terms. Any right, obligation, or condition that, by its express terms or nature and context is intended to survive the termination or expiration of these Terms of Service, shall survive any such termination or expiration hereof.

Payment Processing

All payment processing, other than in connection with Apple-Enabled Software (as defined below), occurs directly through the Service using Braintree, a third party payment processing service.

Apple-Enabled Software Applications

Got It offers software applications that are intended to be operated in connection with products made commercially available by Apple, Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

• Got It and you acknowledge that these Terms of Service are concluded between Got It and you only, and not with Apple, and that as between Got It and Apple, Got It, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Got It’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
• Got It and you acknowledge that Got It, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Got It and Apple, Got It, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• You represent and warrant that (i) 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Got It as follows:
  Email: legal@got-it.co
  Mail: 675 High St, Palo Alto, CA 94301

Got It and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.