PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY WEBSITE, APPLICATION, PRODUCT, OR SERVICE OFFERED BY QUANTUM LEARNING MACHINES (“QLM,” “WE,” “US,” OR “OUR”), INCLUDING BUT NOT LIMITED TO SAT MASTERY, ACT MASTERY, AP MASTERY, AND FOUNDATION MASTERY (COLLECTIVELY, THE “SERVICES”), YOU (“YOU,” “YOUR,” OR “USER”) AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS”) AND ALL POLICIES INCORPORATED HEREIN BY REFERENCE, INCLUDING OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES.
By accessing, browsing, or using any part of the Services, by creating an account, by clicking “I agree” or any similar button, or by otherwise indicating your acceptance, you represent and warrant that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” and “your” shall refer to both you individually and to that organization. Your continued use of the Services following any modifications to these Terms constitutes your acceptance of such modifications.
ALL CONTENT, MATERIALS, ASSESSMENTS, DIAGNOSTIC RESULTS, SCORE PREDICTIONS, STUDY PLANS, RECOMMENDATIONS, PRACTICE QUESTIONS, EXPLANATIONS, PERFORMANCE ANALYTICS, AND ANY OTHER INFORMATION PROVIDED THROUGH THE SERVICES (COLLECTIVELY, “CONTENT”) ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES. THE CONTENT DOES NOT CONSTITUTE AND SHALL NOT BE CONSTRUED AS PROFESSIONAL ACADEMIC ADVICE, TUTORING GUARANTEES, SCORE GUARANTEES, COLLEGE ADMISSIONS COUNSELING, OR ANY OTHER FORM OF PROFESSIONAL ADVICE OR GUARANTEE.
QLM is not a licensed educational institution, tutoring service, or academic counseling provider. The Services are supplementary educational tools and are not a substitute for formal instruction, professional tutoring, or expert academic guidance. You acknowledge that educational outcomes depend on numerous factors beyond the scope of our Services, including but not limited to individual effort, aptitude, prior knowledge, test-day conditions, health, and external circumstances.
QLM makes absolutely no guarantee, representation, or warranty of any kind regarding score improvement, test performance, academic outcomes, college admissions results, scholarship awards, or any other academic or educational outcome. Any score predictions, performance estimates, or projected outcomes provided through the Services are estimates only and should not be relied upon as guarantees or predictions of actual performance.
To use certain features of the Services, you must create an account. You agree to provide accurate and complete information, maintain the security of your account credentials, notify us immediately of any unauthorized use, and accept responsibility for all activities under your account.
QLM complies with the Children’s Online Privacy Protection Act (COPPA, 15 U.S.C. §§ 6501–6506). Students must provide their date of birth during registration. The following age-based restrictions apply:
For minor students (under 18), parental consent is mandatory before the student may access learning features, AI tutoring, or practice sessions. Consent is obtained through a verified email process:
Consent specifically covers: (a) collection of educational performance data, (b) use of AI systems for personalized explanations and tutoring, (c) sharing of anonymized learning data with AI providers, and (d) generation of progress reports for parents/guardians.
When the Services are used by or on behalf of an educational institution, QLM complies with the Family Educational Rights and Privacy Act (FERPA, 20 U.S.C. § 1232g). The following terms apply to student education records:
Parents of students under 18 (and eligible students 18 and older) have the right to: inspect and review education records maintained by the Services, request amendment of records believed to be inaccurate, consent to disclosure of records to third parties, and file complaints with the U.S. Department of Education. These rights transfer to the student at age 18.
Student education records are retained only as long as the student maintains an active account or as required by the institution’s data retention policy. Upon account deletion or consent revocation, all personally identifiable education records are deleted within 30 days. Anonymized aggregate data may be retained for service improvement.
Paid subscriptions are billed on a recurring basis. By subscribing:
THE SERVICES AND ALL CONTENT ARE PROVIDED STRICTLY “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QLM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
No advice or information, whether oral or written, obtained by you from QLM or through the Services shall create any warranty not expressly stated herein. You acknowledge that you use the Services and rely on any Content entirely at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QLM, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “QLM PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE QLM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE QLM PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT YOU HAVE ACTUALLY PAID TO QLM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ZERO DOLLARS ($0.00). THIS LIMITATION APPLIES REGARDLESS OF THE NUMBER OF CLAIMS, THE BASIS OF THE CLAIMS, OR THE NATURE OF THE CAUSE OF ACTION.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the liability of the QLM Parties shall be limited to the maximum extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless the QLM Parties from and against any and all claims, demands, actions, suits, proceedings, investigations, losses, damages, liabilities, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees, expert fees, and court costs) arising out of, relating to, or in connection with:
This indemnification obligation shall survive the termination of your account, the termination of these Terms, and your cessation of use of the Services. QLM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO:
YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO INVESTIGATE THE SERVICES AND ALL FACTS PERTAINING THERETO, AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OR REPRESENTATION BY QLM NOT SET FORTH IN THESE TERMS.
QLM expressly disclaims any guarantee, promise, or representation that use of the Services will result in any improvement in test scores (including SAT, ACT, AP, or any other standardized test), grade improvement, college admissions, scholarship awards, or any other academic, educational, or professional outcome. Past performance data, testimonials, statistics, or projected scores displayed on or through the Services do not guarantee future results. Individual results vary based on factors entirely outside QLM’s control. QLM shall have no liability whatsoever for any test scores, admissions decisions, academic performance, or educational outcomes, regardless of whether the user followed QLM’s recommendations or study plans.
QLM shall have no liability whatsoever for any decisions you make or actions you take based in whole or in part on any Content, recommendations, study plans, diagnostic results, score predictions, performance analytics, or any other information provided through the Services. This includes, without limitation, decisions regarding: test preparation strategy, which tests to take, when to take tests, college applications, course selection, academic planning, career decisions, financial commitments to educational programs, and any other decision influenced by the Services. You are solely responsible for evaluating the suitability and accuracy of any Content and for making your own independent decisions.
The Services use artificial intelligence to provide personalized learning experiences. By using AI-powered features, you acknowledge and agree to the following:
AI-powered features are only available to minor students after verifiable parental consent has been granted. The consent form explicitly describes AI data processing. Parents may opt out of AI features at any time by contacting us at hello@quantumlearningmachines.com.
AI-generated explanations, hints, tutoring responses, score predictions, and study recommendations are provided for educational assistance only and should not be considered a substitute for professional instruction, tutoring, or academic guidance. AI outputs may contain errors, inaccuracies, hallucinations, or misleading information. QLM does not guarantee the accuracy, completeness, or reliability of any AI-generated content. You are solely responsible for evaluating and verifying any AI-generated content before relying on it. QLM shall have no liability whatsoever for any errors, inaccuracies, or omissions in AI-generated content, or for any decisions made or actions taken based on AI-generated content.
All right, title, and interest in and to the Services, including all Content, software, code, algorithms, models, designs, graphics, logos, trademarks, service marks, trade names, text, images, data compilations, user interfaces, and all other intellectual property embodied in or associated with the Services, are and shall remain the exclusive property of QLM or its licensors. The Services are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services or any QLM intellectual property except for the limited license expressly granted below.
Subject to your compliance with these Terms, QLM grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial educational purposes. This license does not include the right to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content or any part of the Services; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or data structures of the Services; (c) use the Services for any commercial purpose; or (d) remove, alter, or obscure any copyright, trademark, or other proprietary notices.
By submitting, posting, or transmitting any content through the Services (“User Content”), you grant QLM a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such User Content in any form, medium, or technology now known or later developed, for any purpose, including but not limited to product improvement, research, analytics, and the development of new features and services.
You agree not to use the Services to:
QLM reserves the absolute and sole right to suspend, deactivate, restrict, or terminate your account and access to the Services at any time, for any reason or no reason, with or without notice, and with no liability to you whatsoever. Reasons for termination may include, without limitation, violations of these Terms, suspected fraudulent or illegal activity, inactivity, or at QLM’s sole business discretion. Upon termination, your license to use the Services immediately ceases, and QLM may delete your account data at its discretion, with no obligation to retain or provide any of your data. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and QLM agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and QLM (collectively, “Disputes”) shall be resolved exclusively through final and binding individual arbitration, rather than in court, except as set forth below. This agreement to arbitrate is intended to be broadly interpreted and includes, without limitation, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single neutral arbitrator. The arbitration shall take place in the State of Delaware or, at your election, may be conducted by telephone or via written submissions. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
YOU AND QLM AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU AND QLM EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER PROCEEDING WHERE ANY PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO CONSOLIDATE OR JOIN THE CLAIMS OF MULTIPLE PARTIES OR TO PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT SET FORTH IN SECTION 12 SHALL BE NULL AND VOID.
These Terms and any Disputes shall be governed by, construed, and enforced in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and QLM agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Delaware for the purpose of litigating any such Dispute. You waive any objection to jurisdiction, venue, or inconvenient forum in such courts.
QLM makes no guarantee, warranty, or representation regarding the availability, uptime, reliability, continuity, or accessibility of the Services. The Services may be subject to interruptions, delays, errors, outages, data loss, and other problems inherent to the use of the Internet and electronic communications. QLM reserves the right to modify, suspend, discontinue, or restrict access to any or all of the Services, in whole or in part, at any time, for any reason or no reason, with or without notice, and with no liability to you. QLM shall have no liability for any interruption, suspension, modification, or discontinuation of the Services.
QLM reserves the right to modify, amend, update, or replace these Terms at any time, at its sole discretion, with or without prior notice. Updated Terms will be posted on our website with a revised effective date. Your continued use of the Services after any such changes constitutes your binding acceptance of the revised Terms. It is your sole responsibility to review these Terms periodically for changes. If you do not agree to any revised Terms, you must immediately cease all use of the Services.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving QLM’s original intent.
These Terms, together with the Privacy Policy and any other policies, guidelines, or supplemental terms incorporated herein by reference, constitute the entire agreement between you and QLM with respect to the subject matter hereof. These Terms supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to the Services. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. QLM’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
QLM shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond QLM’s reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, fire, flood, earthquake, war, terrorism, civil unrest, government actions, sanctions, embargoes, labor disputes, strikes, power failures, Internet or telecommunications failures, cyberattacks, denial-of-service attacks, failures of third-party service providers, changes in law or regulation, or any other event beyond QLM’s reasonable control. During any such event, QLM’s obligations under these Terms shall be suspended for the duration of the event, and QLM shall have no liability for any resulting interruption, delay, or failure of the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND QLM EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE RELATIONSHIP BETWEEN YOU AND QLM, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms, except that the QLM Parties are intended third-party beneficiaries of the indemnification, limitation of liability, and disclaimer provisions herein.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE THE QLM PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND EXEMPLARY DAMAGES), LOSSES, COSTS, EXPENSES, AND LIABILITIES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, MATURED OR UNMATURED, THAT HAVE ARISEN OR MAY ARISE FROM YOUR USE OF THE SERVICES, ANY CONTENT PROVIDED THROUGH THE SERVICES, ANY DECISIONS MADE IN RELIANCE ON THE SERVICES, OR ANY EDUCATIONAL, ACADEMIC, PROFESSIONAL, OR PERSONAL OUTCOME RELATED IN ANY WAY TO THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542. RESIDENTS OF OTHER JURISDICTIONS EXPRESSLY WAIVE ANY SIMILAR STATUTE OR COMMON LAW PRINCIPLE.
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, OR YOUR RELATIONSHIP WITH QLM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUED. ANY CLAIM FILED AFTER THIS ONE-YEAR PERIOD IS PERMANENTLY AND IRREVOCABLY BARRED, REGARDLESS OF ANY STATUTE OF LIMITATIONS OR LAW TO THE CONTRARY. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
Nothing in these Terms or your use of the Services creates any fiduciary, advisory, agency, partnership, joint venture, employment, or trust relationship between you and QLM. QLM owes you no fiduciary duty, duty of care, or duty of loyalty beyond what is expressly stated in these Terms. QLM is not your tutor, academic advisor, counselor, or educational institution.
All rights and remedies available to QLM under these Terms are cumulative and in addition to any other rights and remedies available to QLM at law or in equity. The exercise of any right or remedy by QLM shall not preclude the exercise of any other right or remedy. No delay or failure by QLM to exercise any right shall constitute a waiver of that right.
You may not assign, transfer, or delegate your rights or obligations under these Terms without QLM’s prior written consent. QLM may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction and without notice to you, including in connection with any merger, acquisition, reorganization, or sale of assets. Any purported assignment in violation of this section shall be null and void.
By using the Services, you consent to receiving electronic communications from QLM, including emails, push notifications, and notices posted on the Services. You agree that all agreements, notices, disclosures, and other communications that QLM provides to you electronically satisfy any legal requirement that such communications be in writing.
The Services may be subject to United States export control laws and regulations. You agree not to export, re-export, or transfer the Services or any Content in violation of any applicable export control laws or regulations. You represent and warrant that you are not located in a country subject to a United States government embargo and that you are not listed on any United States government list of prohibited or restricted parties.
If you are a United States government end user, the Services are provided as “commercial items” as defined in 48 C.F.R. §2.101, and are licensed with only the rights granted in these Terms.
Sections 2 (Educational Content Disclaimer), 6 (No Warranties), 7 (Absolute Limitation of Liability), 8 (Full Indemnification), 9 (Assumption of Risk), 10 (No Guarantee of Score Improvement), 11 (No Liability for Decisions), 12 (AI-Powered Features), 13 (Intellectual Property), 16 (Mandatory Binding Arbitration), 17 (Class Action Waiver), 18 (Governing Law), 21 (Severability), 22 (Entire Agreement), 23 (Force Majeure), 24 (Waiver of Jury Trial), 26 (Release of Claims), 27 (Statute of Limitations), 28 (No Fiduciary Relationship), 29 (Cumulative Remedies), and this Section 34 shall survive any termination, expiration, or cancellation of these Terms or your use of the Services, and shall remain in full force and effect indefinitely.
If you have any questions about these Terms, please contact us at:
Quantum Learning Machines
Email: hello@quantumlearningmachines.com