AceCogAT Service Terms Of Use
Thank you for your interest in using the online services operated by LuminaEd Inc. (hereafter called "LuminaEd"). These Terms of Service govern your use of online and/or mobile services, websites, and software provided on or in connection with www.aceCogAT.com (collectively, the "Service"), which are offered through: (i) www.aceCogAT.com, (ii) mobile applications associated with www.aceCogAT.com, (iii) and any other AceCogAT website, app, or online service which links to these Terms of Service.
Note: LuminaEd is the parent company that owns and operates AceCogAT.com, an educational platform focused on CogAT test preparation. In this document, we may use LuminaEd and AceCogAT interchangeably to refer to the same entity, service, or platform.
By accessing or using the Service, or by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood and agree to be bound by these Terms of Service (the "Agreement"), and to the collection, processing, and sharing of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. LuminaEd reserves the right to modify this Agreement so long as it provides notice of these changes to you as described below. This Agreement applies to all visitors, users, and others who access or otherwise use the Service ("you" or "Users"). If you open an AceCogAT account on behalf of a school, company, organization, or other entity, then "you" includes you and that entity.
Student Data.
This Service may be purchased by parents, mentors, and teachers (collectively referred to as Mentors ) for educational purposes. During the sign-up process, we may collect limited student information ( Student Data ), such as grade level. As students use AceCOGAT, we gather performance data and analytics to personalize their practice sessions. Additionally, we may collect chat interactions when students or parents engage with Lumi, the chatbot learning companion. We treat all Student Data as strictly confidential and use it solely to enhance and deliver our educational services. Our collection, processing, and use of Student Data are governed by this Agreement and by applicable laws and regulations, including within the United States the Family Educational Rights and Privacy Act ( FERPA ), the Children s Online Privacy Protection Act ( COPPA ), and relevant state laws such as the Illinois Student Online Personal Protection Act ( SOPPA ).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
I. THE SERVICE
The Service helps its users to learn and practice for preparing for the CogAT exam. Unless explicitly stated otherwise, any new or improved features to the Service shall be provided subject to this Agreement. You understand and agree that the Service is provided "as-is" and that LuminaEd assumes no responsibility for any mistakes, errors, or omissions, including any unavailability of the Service, deletion or loss of any data relating to the Service, or failure to obtain the proper consent to collect, use, and share Student Data with LumiaEd for AceCogAT's subsequent use. LumiaEd grants you a personal, non-transferable and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by aceCogAT.com for use in accessing the Service. To use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
2. ELIGIBILITY AND AUTHORITY
LuminaEd does not sell the Service to children, but only to adults who can purchase the Service with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with the involvement and consent of a parent, legal guardian, or a teacher. The U.S. Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain verifiable parental consent before collecting personal information from children under 13. If you are an organization providing the Service to children under 13, you represent and warrant that you have the authority to provide consent on behalf of parents or have received appropriate consent for LuminaEd to collect and use information from students under 13 before allowing such students to access our Service. Therefore, we recommend that all organizations provide appropriate disclosures to students and parents and obtain appropriate consent regarding their use of service providers such as AceCogat.com and that they provide a copy of AceCogAT's Privacy Policy.
3. YOUR REGISTRATION OBLIGATIONST
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's singup form (such information being the "Signup Data") and (b) maintain and promptly update the Signup Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LuminaEd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LuminaEd has the right to suspend or terminate your account and refuse all current or future use of the Service (or any portion thereof).
4. GENERAL ACCOUNT INFORMATION
AceCogAT sells access to the Service to a subscriber in the form of an account. Each account is provided for a term and price subject to certain renewal, cancellation, and other terms and conditions specific to the account (the "Account Terms"). The Account Terms are identified (in order of precedence) in the then-current quote or sales contract for the account, the selections made and account-specific terms disclosed when signing up for the account (which may be confirmed by e-mail), the description of account terms accessible through the AceCogAT website when signed in to an appropriate user associated with the account and the default Account Terms set forth below. Each account may have Account Terms in addition to or different from those as set forth in this Agreement, but only to the extent set forth in a signed writing by the account subscriber and an officer of LuminaEd. An AceCogAT account is purchased by or for a Parent, Legal Guadian or a Mentor/Teacher. Family accounts are generally only available for purchase through the AceCogAT website or a third-party app store using a credit card. A family account typically includes child profiles that can be used by a Parent's child at the Parent's direction. Family account subscriptions are generally for a term of one year. The term is disclosed at the time of purchase. Family accounts automatically renew but automatic renewal can be disabled from thr website if the parent chooses to do so.Cancellation: Accounts may not be canceled until the end of the subscription current term of the account and all sales are final. Unless otherwise provided for herein, all cancellations requested before the end of the then-current term will be effective at the end of the current term.End of Subscription: When an account subscription ends (e.g., at the end of the term if the account has not been renewed or has been canceled), the account no longer permits access to the Service. However, LuminaEd may, at its sole discretion, permit continued, limited access for users of the Account for a limited time after the conclusion of the term. The Service includes built-in capabilities to download and export information relating to the account. If an account-holder or any of its users wishes to save or maintain any data, it is the account-holder and its user's sole obligation to download such data before the conclusion of the term. Once the term of an account ends, AceCogAT may delete data relating to an account in accordance with this Agreement and the Privacy Policy. It is the account-holder's sole responsibility to request renewal of accounts that do not automatically renew to maintain continued access to the account and its associated data.
5. DATA
AceCogAT sells access to the Service to a subscriber in the form of an account. Each account is provided for a term and price subject to certain renewal, cancellation, and other terms and conditions specific to the account (the "Account Terms"). The Account Terms are identified (in order of precedence) in the then-current quote or sales contract for the account, the selections made and account-specific terms disclosed when signing up for the account (which may be confirmed by e-mail), the description of account terms accessible through the AceCogAT website when signed in to an appropriate user associated with the account and the default Account Terms set forth below. Each account may have Account Terms in addition to or different from those as set forth in this Agreement, but only to the extent set forth in a signed writing by the account subscriber and an officer of LuminaEd. An AceCogAT account is purchased by or for a Parent, Legal Guadian or a Mentor/Teacher. Family accounts are generally only available for purchase through the AceCogAT website or a third-party app store using a credit card. A family account typically includes child profiles that can be used by a Parent's child at the Parent's direction. Family account subscriptions are generally for a term of one year. The term is disclosed at the time of purchase. Family accounts automatically renew but automatic renewal can be disabled from the website if the parent chooses to do so.
Cancellation: Accounts may not be canceled until the end of the subscription current term of the account. Unless otherwise provided for herein, all cancellations requested before the end of the then-current term will be effective at the end of the current term.
End of Subscription: When an account subscription ends (e.g., at the end of the term if the account has not been renewed or has been canceled), the account no longer permits access to the Service. However, LuminaEd may, at its sole discretion, permit continued, limited access for users of the Account for a limited time after the conclusion of the term. The Service includes built-in capabilities to download and export information relating to the account. If an account-holder or any of its users wishes to save or maintain any data, it is the account-holder and its user's sole obligation to download such data before the conclusion of the term. Once the term of an account ends, AceCogAT may delete data relating to an account in accordance with this Agreement and the Privacy Policy. It is the account-holder's sole responsibility to request renewal of accounts that do not automatically renew to maintain continued access to the account and its associated data.
6. ACCOUNT PASSWORD AND SECURITY
You will have a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AceCogAT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. LuminaEd cannot and will not be liable for any unauthorized access to your account or data that arises from your acts or omissions. AceCogAT accounts may not be shared by more than one Family. To report security concerns involving our products, please contact our Customer Support team at support@acecogat.com. Include as much detail as possible, including the nature of the incident, any affected systems or data, and the steps taken leading up to the incident. Our Security team will investigate the matter promptly and take appropriate action to address any security concerns. Thank you for your cooperation in helping us maintain a secure environment for our users.
7. MEMBERSHIP AND BILLING FOR ACCOUNTS WITH AUTOMATIC RENEWAL
This Section 7 applies to accounts that have been created through the Service using a credit card and automatically renew. You can find specific details regarding your membership with AceCogAT at any time. Simply sign in to your AceCogAT account, click on the account settings in the upper-right corner, and select Subscription details. You may also contact aceCogAT with any questions that you may have by contacting us.
Billing and Automatic Renewals.MEMBERSHIP SUBSCRIPTION RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH SUBSCRIPTION PERIOD (MONTHLY OR YEARLY), UNTIL YOU CANCEL. By starting your aceCogAT membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the term of your membership you chose during signup. Thereafter, we will automatically renew your subscription on each anniversary of your subscription date, and we will charge your then-current payment method (or to a different payment method if you change your account information) associated with your account with the applicable then-current fee and any sales or similar taxes that may be imposed. Please note that prices and charges are subject to change with notice. As used in this Agreement, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorize us to charge your Payment Method for such varying amounts. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from your Subscription details page. To access your Subscription details page, sign in to your aceCogAT account, click on the account menu in the upper-right corner, and select Subscription details. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. You must cancel your membership before it renews each billing period to avoid billing of the next membership fee to your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. Sign in to your AceCogAT account, click on the account menu in the upper-right corner, and select Subscription details to see the commencement date for your next renewal period. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. Price Changes. We reserve the right to adjust the pricing for our Service, including but not limited to membership subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes will take effect following posting or other notice to you (e.g., e-mail).
8. USER CONTENT
You are solely responsible for any content that you create, transmit or display while using the Service. The Service may now or in the future allow Users to submit, post, display, provide, or otherwise make available content such as text, images, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as "User Content"). We claim no ownership rights over User Content created by you. The User Content you create remains yours. By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service or to aceCogAT, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to aceCogAT a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and AceCogAT's (and its successors' and affiliates') business, 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. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement. You must have the legal right to the User Content you submit to the Service. You may not upload or post any User Content to the Service that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party's right of privacy or right of publicity. You may post only User Content that you have permission to post by the owner or by law.
9. COPYRIGHT COMPLAINTS
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify IXL's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit IXL to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent: