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Terms & Conditions

The following are the terms and conditions for use of the “Academy Of Mine” platform described herein. This is a service provided by Treft Systems Inc doing business as “Academy Of Mine” hereafter be referred to as (“Academy Of Mine, “we”, “us”, “AOM”). Please read these terms carefully. BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF these terms of service (“AGREEMENT”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

The purpose of this terms and conditions is to help ensure that all information provided by you will not be used for any other activity other than what you (visitor/client) and we (AOM) agree upon. Our goal is to provide you with a satisfying experience while allowing you to control your privacy and to give you the means to voice any questions or concerns you may have.

This document applies only to AOM and not to other companies’ or organizations’ websites to which our website is linked.

Please note that we have a separate document for Privacy Policy which can be found here.

Minimum Legal Age to become our Client

When you sign up for our services, you must be 18 years of age or older to be our client. Since we provide a platform, your own users may be under the age of 18 but not under the age of 13 under any circumstances.

Domain Registration

When you sign up for our services, you are advised to provide us with a domain that you will use. We prefer not to register the domain for you because you owning your domain is easier to maintain and if you ever cancel, you keep your domain.

You have the option to ask us to set you up on our subdomain (e.g. clientname.aomlms.net) as well.

You can always change the domain name in the future if needed. There is no additional fee for this.

Third-Party Applications and Licenses

We utilize a combination of free and paid third-party tools to integrate within AOM platform along with our own custom code. If the terms and services of those third-party changes, we will have to make adjustments accordingly as well. We cannot guarantee the availability of those third-party tools as part of our platform and if needed, we will notify our clients about the changes.

Security

AOM operates secure data networks that are designed to protect your privacy and security. Our e-commerce site (Woocommerce, Stripe) has its own Security and Privacy Issues document which can be found on their websites. We do not store any sensitive information such as Credit card numbers on our servers. Credit Card numbers are stored on our payment processor’s server which is PCI Compliant and has bank-grade encryption.

However, you are responsible for ensuring your website is secure and your passwords are protected at all times. Also, you are responsible to ensure that your password strength for your account is reasonably high and weaker passwords can be targeted by hackers which are not in our control.

Backups

AOM performs daily backups of the client sites including both files and database. However, in the event of an extreme catastrophic event such as storms, earthquakes etc., we cannot guarantee a full retrieval of your accounts and are not liable for the loss of data. We will do our best to work with you to retrieve your data as much as possible in such events. In such cases, however, we will refund any fee charged during that month.

In the event that Academy Of Mine is Sold or goes Out of Business

In case we go out of business or if we get sold to another entity, we will work with our clients to ensure that they can take their data to another platform that can host WordPress, which is our core platform. We will help them export their entire site with us (files and database) in a compressed file format such as zip. We will however not perform any setup, configuration or maintenance on the new platform and it will be the client’s responsibility. We also cannot guarantee that all features and functionality that were working on our platform will work on the new platform as-is.

Warranty Disclaimer

THE PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY LOSSES, UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THIS TERMS. THE COMPANY’S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE. THIS SECTION DOES NOT EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR FRAUD, FOR DEATH, OR FOR PERSONAL INJURY RESULTING FROM NEGLIGENCE, OR FROM ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

Indemnification

You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this Section, and in such case, you agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

Trial Account Policy

We only offer one trial per client. We do not allow multiple trials for the same customer. Once you have exhausted your trial period, you must either become a paying customer or cancel your account. Once an account is canceled after trial, you cannot sign up for another free trial.

Canceling your Subscription within the Trial Period

If you cancel your membership with AOM within the trial period, you will not be able to take an extract of any content you have built on the AOM platform.

Canceling your Subscription after the Trial Period

If you cancel your membership with AOM after the trial period, you lose all of the licenses that you receive as our member. You will lose your SSL certificate, your hosting and most software hosted on that server and any 3rd party service that is provided to you when using our platform.

If you want to take your website to another host, we can provide an extract at a cost but cannot guarantee full functionality as a lot of code is platform dependent and may not function correctly on a different platform. Moreover, this extract will strip out some of our custom code, licenses including 3rd party functionality.

Once canceled, you will need to ensure that your domain no longer points to AOM servers.

Refunds

We offer a trial period during which you are not charged. The trial period can be 15 days or higher depending on the promotion we are running. Once the trial ends, your payment method will be charged automatically even though you can cancel anytime during the trial. Our team reaches out before the trial ends so you have proper notification of trial end date. After the trial period ends and your payment goes through, we do not offer any refunds.

Monthly Active Users (Reasonable Usage)

We do not put a limit on the total number of students you can enroll. However, we look at the Monthly Active Users (MAU) where an MAU is defined as a user who logged in within a given month and performed any activity. We do understand that it is not difficult to limit the MAU to an exact number if the usage varies from month to month and hence we look at averages of last 3-4 months and it is more of a soft limit. You will not be charged extra if you go over the alloted MAU as long as it is within a reasonable tolerance (<10%). If you want higher limits with guarantees, you need to talk to us to possibly move you to our enterprise plans with your own dedicated servers with higher capacity and resources to handle larger traffic.

Client Responsibility

The platform is a Do-It-Yourself platform which means clients are responsible for using the platform to build their website, courses etc. AOM is in no way responsible for ensuring that clients use the platform actively. We provide support with any questions or issues but we will not do the work for you and we are not responsible for clients not being able to build their content using the platform. If such a case occurs, clients are free to cancel the service but will not be refunded if they are past their trial period since they signed up. AOM takes no responsibility for clients’ inability to use the platform for their needs. We are not obligated to provide a working solution for you. We only provide a platform on which clients have to build upon. We are not responsible for any client damages including but not limited to monetary, arising from not being able to utilize the platform.

Complaints about Privacy

If you have any complaints relating to online privacy issues on our websites, please notify AOM by visiting our contact page. While AOM accepts no liability for any material or links posted to the service, we will investigate all complaints.

Fees & Taxes

Per their signed contract, AOM members pay only their monthly or annual fee to AOM. However, members will also be required to pay for any overages incurred (including bandwidth and storage) as well as any third-party fees such as Credit Card or PayPal Processing fees.

If you are required by your business jurisdiction to collect taxes on your products, you are responsible to configure and collect the taxes from your customers. Upon request, AOM can help with that setup but is not responsible for ensuring that you collect the necessary taxes as required by law in your business jurisdiction.

On the income that you generate from AOM platform by selling your courses or other similar products, you are responsible to file any required tax documents including but not limited to income taxes, sales taxes, VAT, etc., on your own. AOM does not take the responsibility to file any taxes on your behalf with any agency. However, if you are using certain payment processors, they may provide you with a tax document during a tax year end and you are solely responsible for collecting those documents and information directly from the payment processors.

Custom Programming

Customers can request custom features that could require programming. Those types of changes can only be done by AOM development staff and at AOM’s discretion. Some of the changes can be done free of charge at our discretion but for changes that require detailed analysis, more work or tight timelines, AOM can charge extra at a rate of $85/Hour for those customizations. Note that for any custom programming, AOM grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.

Right to Refuse and Cancel Members

AOM maintains the right to refuse a member from joining our service. We also maintain the right to discontinue the service of a client for any reason, including, but not limited to:

– If a client is not up to date with their payments (accounts are temporarily suspended after 12 days. Accounts are disabled after 30 days).
– The client is rude, threatening, abusive or makes our working condition unusually unpleasant
– The client is a cost to have after their first month.
– If the client requires custom work that is beyond the scope of our services.
– If a client abuses our email service (sending unsolicited emails, using email lists they have purchased, including misleading email titles or not including an unsubscribe option required by Can-Spam).
– If the client tries to sell any products that are outside the scope of allowed products (see section “Selling Products using AOM platform: General Rules” below)

Additional Space & Additional Services

If you need additional services from AOM (for example more storage, more bandwidth etc.), you’ll need to sign up for one of our higher-level services or buy additional resources as add-ons. It’s best to upgrade services before you need to in order to avoid service disruption.

Selling Products using the Academy Of Mine Platform: General Rules

Our platform is designed for clients to create and sell materials related to online learning including Courses, E-Courses or products related to the learning domain.

– You will not sell any products that are not courses, e-courses or at least related to learning and education.

– AOM reserves the right to terminate your membership immediately if use the platform to sell any items that are out of the scope of what we allow.

– Even if the content you create is related to learning and education, you cannot create products that teach any unlawful activity.

Lawful Use of the Academy Of Mine Platform

You may not Use AOM Products or Services for any unlawful purpose. Without limiting the foregoing:

(a) AOM Products or Services may not be Used to store, display, or distribute child pornography and may not be Used in violation of U.S. export control laws or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required.

(b) You may not Use AOM Products or Services if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, Iraq, Morocco, Nigeria, Tunisia, Pakistan, Algeria, Afghanistan or any other country to which the United States has prohibited export. Each time you Use AOM Products or Services you represent, warrant, and covenant that: (i) You are not a citizen, national, or resident of, nor under the control of, any such country to which the United States has prohibited export; (ii) You will not download or otherwise export or re-export the Software, directly or indirectly, to the above-mentioned countries nor to citizens, nationals or residents of those countries; (iii) You are not listed on the U.S. Department of Treasury’s Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State’s List of Statutorily Debarred Parties, or the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List Table of Denial Orders; (iv) You will not download or otherwise export or re-export the AOM Software, directly or indirectly, to persons on the above-mentioned lists; (v) You will neither use nor allow the AOM Software to be used for, any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (vi) The AOM Software will not be exported, directly, or indirectly, in violation of these laws, nor will the AOM Products or Services be Used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.

(c) If Metadata checking (i.e. contact form titles) reveals that an account has content relating to phishing, malicious files or software, software piracy or any copyrighted data with the intent to distribute (i.e. torrents)

– You will not sell any products that are not courses, e-courses or at least related to learning and education.

– AOM reserves the right to terminate your membership immediately if use the platform to sell any items that are out of the scope of what we allow.

– You will not violate any existing Trademarks or infringe on copyrights that do not belong to you. If AOM receives a formal DMCA notice for content created by you that potentially violates a Trademark or copyright, your platform access may be suspended until further investigation.

Email Marketing: General Rules

  • You will not send Spam! By “spam,” we mean the definition on the Spamhaus website at http://spamhaus.org/definition.html.
  • You will not put into your Email any material, including graphics or other content, that is not created by you, not provided by us for you to use, or that would violate any other party’s rights.
  • You will not use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.
  • You will not upload or compose emails that contain or offer any illegal content, goods, or services.
  • You will not share your password.
  • You will not try to decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.
  • You will not set up multiple accounts for any individual or entity in order to send substantially similar content unless you are part of a franchise.
  • You will not import or incorporate any of this information into any lists, emails, or uploads to our servers: Social Security Numbers, passwords, security credentials, or sensitive personal information of any kind.

Plugin Support

We provide full support for the plugins and extensions that come bundled with our service once you sign up with us. However, we do not provide any support for plugins, custom code or extensions that are not part of our default installation. We can, however, discuss your needs for custom solutions and can work with you on a case by case basis.

Legal Jurisdiction

These Terms and Conditions are governed by and to be interpreted in accordance with the laws of the State of New Jersey, United States and in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise the New Jersey courts will have exclusive jurisdiction over such dispute, unless mandatory applicable law requires otherwise.

Changes to Terms & Conditions

AOM may change these Terms and Conditions from time to time. Such amended Terms and Conditions shall be effective upon publication on this Website. By accessing and using this Website you are accepting that you are bound by the current terms and conditions and disclaimer. Please check these Terms and Conditions regularly to ensure that you are aware of all terms governing your use of our platform.