Terms of Use Agreement

This Terms of Use Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and Magna Education™ (“Magna Education,” “Magna,” “we,” or “us”), governing your use of Magna Education’s website 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 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.

Effective Date: August 22, 2024

Overview

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Magna Education (“we,” “us,” or “our”), 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 all of these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, 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, 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, these Terms apply to you, and you are responsible for your child’s activities on the Platform.

School Use, Accounts, & Consent

Magna Education allows educational institutions, such as schools and school districts, to provide consent on behalf of parents or legal guardians for students’ use of Magna Education’s platform services. By using our services on behalf of an institution, you agree to the following terms:

School Personnel Responsibilities: School personnel (teachers, school leaders, aides, principals, administrators, or district administrators) can access and utilize Magna Education’s services to enhance educational experiences, track progress, and facilitate instructional activities within the institution’s curriculum. If you are school personnel, you represent and guarantee that you have the authority to bind your institution to these terms.

Limitations on Use: Our services are provided for educational purposes only. You must ensure compliance with all relevant laws, rules, and institutional policies while using Magna Education’s Platform. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the services for commercial purposes.

Obtaining Parental Consent: As school personnel, you assume responsibility for obtaining any necessary parental or guardian consents and for providing appropriate disclosures about the use of Magna Education’s services. You agree to be bound by these terms on behalf of student users until their accounts are either transferred to or assumed by a parent or guardian.

Compliance with Privacy Laws: By using our services, you agree to comply with all applicable privacy laws, including the Family Educational Rights and Privacy Act (FERPA) and the Children’s Online Privacy Protection Act (COPPA). You are responsible for providing all required notices and obtaining all necessary consents from parents or guardians. Specifically, you agree that:

Responsibility for Consent and Notices: As school personnel, you are responsible for ensuring that all necessary consents from parents or guardians are obtained and maintained in compliance with applicable laws. You are also responsible for providing any required notices to parents or guardians regarding the use of Magna Education’s services and the collection of student data. Magna Education expects each school or district to independently handle obtaining consent and issuing notices, as this responsibility lies with the educational institution.

Compliance with U.S. Laws: By utilizing Magna Education’s platform, you agree to comply with all relevant U.S. laws and regulations, including but not limited to FERPA, COPPA, and the Protection of Pupil Rights Amendment (PPRA). You must ensure that your use of our services does not violate any federal, state, or local laws. In addition, you must adhere to all school district policies and guidelines regarding the use of educational technology and student data.

Data Security and Breach Notification: Magna Education has implemented safeguards to protect student data. In the event of unauthorized access or disclosure of student data (a “Security Event”), we will promptly notify the institution. The institution is responsible for any required notifications to parents, guardians, or regulatory bodies, except where the Security Event is caused by Magna Education, in which case we will bear the responsibility.

Termination and Data Retention: Upon termination of the agreement or end of the school’s subscription, Magna Education will delete or de-identify student data in accordance with our data retention policies unless otherwise required by law. School personnel or institutions may request data deletion at any time by contacting us in writing.

Identification of School Accounts: Accounts created for educational purposes using a school email address and associated with a school class will be considered “School Accounts.” Personal accounts created with personal email addresses will not be designated as School Accounts and will be administered separately. School Accounts will be subject to the terms and conditions applicable to educational use, including the requirement for obtaining parental consent and compliance with privacy laws.

For further assistance or questions regarding these terms, school personnel are encouraged to contact Magna Education’s support team at privacy@MagnaEducation.ai.

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 Magna Education’s 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 explicit 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.

Registered and common law trademarks and service marks of Magna Education may not be copied or used in any manner without 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 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 the Terms of Use. 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 Terms & Termination.

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 diminish 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 AI 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:

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 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:

AI Utilization & Guidelines for Responsible Use

Magna Education, our AI-enabled learning 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 these Terms 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 learning platform. Failure to comply with these terms 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 does not guarantee any particular score, outcome, improvement, or result on any standardized tests or in the college admissions process.

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.

Terms and Termination of Service

Term

These Terms remain effective while you use Magna Education Services unless your account is terminated as provided below. Upon termination, you no longer have any rights to access or use the Services.

Modification or Discontinuation of Services

Magna Education reserves the right to modify or temporarily discontinue the Services (or any part thereof) at any time, with or without notice. You agree that Magna Education shall not be liable to you or any third party for any modification, suspension, or temporary discontinuance of the Services. In the event of a permanent discontinuance, Magna Education’s liability is limited to the paid subscription price, pro-rated based on the time remaining on your subscription.

Termination by Magna Education

Magna Education may, in its sole discretion and without penalty, restrict, suspend, or terminate:

Upon termination, Magna Education may immediately deactivate or delete your account and any associated data. Magna Education shall not be liable to you or any third party for any termination or deletion of your account or data. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

Termination by You

If you are dissatisfied with the Services or any term of these Terms, your sole remedy is to terminate your account and cease using the Services. You may do this by deleting your account and discontinuing use of all Magna Education Services.

Termination of School Personnel, Child, and Student Accounts

• Termination by School Personnel: School Personnel may terminate their account or School Accounts they manage by contacting Magna Education, though the institution may require additional steps to complete the termination. Before termination, Magna Education may provide an option for School Personnel, Parents, or Guardians to create personal accounts for retaining content associated with their accounts.

Responsibility for Pre-Termination Activity

Termination of your account does not absolve you or Magna Education of any rights or remedies related to actions or breaches occurring prior to termination.

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:

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 these Terms of Use 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 pursuant to the Digital Millennium Copyright Act (“DMCA”).

Miscellaneous

These Terms of Use constitute 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 is binding upon you when you access or use the Platform.

Contact Information

Magna Education

2261 Market Street STE 10356
San Francisco, CA 94114
United States

Phone: 1-866-92MAGNA

Email: hello@MagnaEducation.ai

Agreement to Terms

By using the Services, you agree to these terms. If you do not agree to these terms, 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.