MyEdSpace Terms of Service

Last Updated: July 24, 2026

Welcome, and thank you for your interest in MyEdSpace Inc. (“MyEdSpace,” “we,” or “us”) and our website at www.myedspace.com, along with our related websites, hosted applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and MyEdSpace regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY CREATING AN ACCOUNT, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MYEDSPACE'S CODE OF CONDUCT AVAILABLE AT https://myedspace.com/us/code-of-conduct AND PRIVACY NOTICE AVAILABLE AT https://myedspace.com/us/privacy-notice (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND MYEDSPACE'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY MYEDSPACE AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND MYEDSPACE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

MyEdSpace provides learning and education support to students in range of levels and through various subject matters, striving to make education accessible through an online platform. MyEdSpace offers interactive classrooms, one-on-one mentorship, an interactive online workspace, on demand videos, and various other opportunities for students to get support for all education needs whether getting ahead or catching up.

By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are under the age of 18, you must have a parent or guardian consent to these Terms on your behalf. If you are a parent or guardian of a child under 18, you warrant that as a parent or guardian you give consent for your child to use the Service and agree to the Terms. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your and your child's name, grade in school, or contact or other personal information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. As part of registration, you will be asked to select the level of education, area of focus, and level of Service you would like to enroll in and access (“Service Plan”). You can change your Service Plan, add other Service Plans, and make other changes within your account or by contacting our Customer Support team. If you believe that your account is no longer secure, then you should immediately notify us at hello@myedspace.com.

Certain features of the Service require you to pay fees to access and engage with them. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.

MyEdSpace reserves the right to determine pricing for the Service as further described at https://myedspace.com/us. MyEdSpace will make reasonable efforts to keep you informed and up to date of pricing information. You can access information related to your Service Plan in your account. MyEdSpace may change the fees for any feature of the Service, including additional fees or charges, if MyEdSpace gives you advance notice of changes before they apply. MyEdSpace, at its sole discretion, may make promotional offers with different features and different pricing to any of MyEdSpace's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

You authorize MyEdSpace to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by MyEdSpace, including all applicable taxes, to the payment method specified in your account including during the registration process. If you pay any fees with a credit card, then MyEdSpace may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period, such as monthly or annually, that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period where monthly (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service, the natural end of your Service Plan, or we terminate it. If you activate a Subscription Service, then you authorize MyEdSpace or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please contact us at hello@myedspace.com. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You acknowledge that you will be charged as long as your Service Plan is active, regardless of your level of engagement with the Service. You must cancel your Subscription Service in order to avoid billing of the next periodic Subscription Fee to your account. MyEdSpace or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by contacting us at hello@myedspace.com. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD.

MyEdSpace may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then MyEdSpace reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.

Subject to your complete and ongoing compliance with these Terms, MyEdSpace grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not:

  1. reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service;
  2. make modifications to the Service; or
  3. interfere with or circumvent any feature of the Service, including any security or access control mechanism.

If you are prohibited under applicable law from using the Service, then you may not use it.

We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant MyEdSpace an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

The Service is owned and operated by MyEdSpace. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by MyEdSpace (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of MyEdSpace or its third-party licensors. Except as expressly authorized by MyEdSpace, you may not make use of the Materials outside of the Service. There are no implied licenses in these Terms and MyEdSpace reserves all rights to the Materials not granted expressly in these Terms. Without limiting the foregoing, MyEdSpace expressly reserves all rights in the Materials with respect to text and data mining and the development or training of artificial intelligence or machine learning models, and no license or consent for any such use is granted or implied by these Terms.

MyEdSpace may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you hereby authorize MyEdSpace to transfer that information to the applicable third-party service. Third-party services are not under MyEdSpace's control, and, to the fullest extent permitted by law, MyEdSpace is not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under MyEdSpace's control, and MyEdSpace is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, MyEdSpace will have no control over the information that has been shared.

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Share”) content to the Service, including messages, questions, photos, video or audio, images, folders, data, text, essays, worksheets, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Share to the Service, subject to the licenses granted in these Terms.

By Sharing User Content to or via the Service, you grant MyEdSpace a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, display, publicly perform (including by means of a digital audio transmission), reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. You agree to pay all monies owing to any person or entity resulting from Sharing your User Content and from MyEdSpace's exercise of the license set forth in this Section.

You must not Share User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. MyEdSpace disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:

  1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize MyEdSpace and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by MyEdSpace, the Service, and these Terms;
  2. your User Content, and the Sharing or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause MyEdSpace to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
  3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

We are under no obligation to edit or control User Content that you or other users Share and will not be in any way responsible or liable for User Content. MyEdSpace may, however, at any time and without prior notice, review, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content that may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against MyEdSpace with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, MyEdSpace does not permit infringing activities on the Service.

MyEdSpace does not control and does not have any obligation to monitor:

  1. User Content;
  2. any content made available by third parties; or
  3. the use of the Service by its users.

You acknowledge and agree that MyEdSpace reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time MyEdSpace chooses to monitor the content, then MyEdSpace still assumes no responsibility or liability for any content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Notice (defined below). MyEdSpace may block, filter, mute, remove, or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Shared such User Content to the Service or to any other users of the Service.

You agree that MyEdSpace and those acting on our behalf may call and send you messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. You acknowledge that MyEdSpace currently communicates through WhatsApp, but reserves the right to use any other messaging platform in the future. These messages may include operational messages about your use or the content of the Service.

IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM MYEDSPACE, YOU CAN EMAIL HELLO@MYEDSPACE.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM MYEDSPACE, YOU CAN EMAIL HELLO@MYEDSPACE.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request.

We may send you emails related to your use of the Service or concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

BY USING THE SERVICE, YOU AGREE NOT TO:

  1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
  2. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
  3. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
  4. access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by MyEdSpace;
  5. access, use, copy, extract, scrape, or index the Service, the Materials, or any data, content, or output made available on or through the Service, whether by manual or automated means, for the purpose of: (i) developing, training, fine-tuning, testing, validating, or improving any artificial intelligence or machine learning model, system, or algorithm; (ii) any text- or data-mining activity; or (iii) creating any dataset, database, or product derived from the Materials, in each case without MyEdSpace's express prior written consent. MyEdSpace does not consent to, and expressly reserves all rights with respect to, any such use;
  6. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing, or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
  7. interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
  8. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
  9. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
  10. attempt to do any of the acts described in this Section 10 (Prohibited Conduct), assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct), or violate the Code of Conduct in any manner.

MyEdSpace respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:

MyEdSpace Inc.
Attn: Legal Department (IP Notification)
24A Trolley Square #1259
Wilmington, DE 19806-3334
Email: ip-infringement@myedspace.com

If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. a description of the copyrighted work or other intellectual property right that you claim has been infringed;
  3. a description of the material that you claim is infringing and where it is located on the Service;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
  6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner's behalf.

Your Notification of Claimed Infringement may be shared by MyEdSpace with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to MyEdSpace making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

MyEdSpace's policy is to:

  1. remove or disable access to material that MyEdSpace believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and
  2. in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people's copyright or other intellectual property rights.

MyEdSpace will terminate the accounts of users that are determined by MyEdSpace to be repeat infringers. MyEdSpace reserves the right, however, to suspend or terminate accounts of users at our sole discretion.

If you receive a notification from MyEdSpace that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide MyEdSpace with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to MyEdSpace's Designated Agent through one of the methods identified in Section 11.2 (DMCA Notification), and include substantially the following information:

  1. your physical or electronic signature;
  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which MyEdSpace may be found, and that you will accept service of process from the person who provided notification under Section 11.2 (DMCA Notification) above or an agent of that person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you have fourteen days from receipt of notice of modification to cancel your use of the Services without penalty or you should discontinue your use of the Service. Except as expressly permitted in this Section 12 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described in Section 13.2 (Termination).

If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, MyEdSpace may, at its sole discretion, terminate these Terms or suspend your account on the Services or your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such action (other than a pro-rata refund of any prepaid unused fees if your access to the Service is terminated without any fault on your behalf). You may terminate your account and these Terms at any time by contacting customer service at hello@myedspace.com.

Upon termination of these Terms:

  1. your license rights will terminate and you must immediately cease all use of the Service;
  2. you will no longer be authorized to access your account or the Service;
  3. you must pay MyEdSpace any unpaid amount that was due prior to termination; and
  4. all payment obligations accrued prior to termination and Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by MyEdSpace), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will survive.

You are solely responsible for retaining copies of any User Content you Share to the Service since upon termination of your account, you may lose access rights to any User Content you Shared to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, phone number, email address, or other forms of account verification.

MyEdSpace reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. MyEdSpace will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Share to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Shared to the Service.

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify MyEdSpace, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “MyEdSpace Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MYEDSPACE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. MYEDSPACE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND MYEDSPACE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR MYEDSPACE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MYEDSPACE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 (DISCLAIMERS; NO WARRANTIES BY MYEDSPACE) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. MyEdSpace does not disclaim any warranty or other right that MyEdSpace is prohibited from disclaiming under applicable law.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MYEDSPACE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MYEDSPACE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTIONS 17.5 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE MYEDSPACE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO MYEDSPACE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and MyEdSpace agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MYEDSPACE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:

  1. bring an individual action in small claims court;
  2. pursue an enforcement action through the applicable federal, state, or local agency if that action is available;
  3. seek injunctive relief in a court of law in aid of arbitration; or
  4. file suit in a court of law to address an intellectual property infringement claim.

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to MyEdSpace Inc., Attention: Legal Department – Arbitration Opt-Out, 24A Trolley Square #1259, Wilmington, DE 19806-3334 that specifies: your full legal name, the phone number and email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once MyEdSpace receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting MyEdSpace.

Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). MyEdSpace's address for Notice is: MyEdSpace Inc., 24A Trolley Square #1259, Wilmington, DE 19806-3334. The Notice of Arbitration must:

  1. identify the name or account number of the party making the claim;
  2. describe the nature and basis of the claim or dispute; and
  3. set forth the specific relief sought (“Demand”).

The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or MyEdSpace may commence an arbitration proceeding. The payment of all fees will be governed by the AAA Rules.

Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted:

  1. solely on the basis of documents submitted to the arbitrator;
  2. through a telephonic or video hearing; or
  3. by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence.

During the arbitration, the amount of any settlement offer made by you or MyEdSpace must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by MyEdSpace before an arbitrator was selected, MyEdSpace will pay to you the higher of:

  1. the amount awarded by the arbitrator and
  2. US$10,000.

The arbitrator's award shall be final and binding on all parties. Judgment on the award may be entered in any court having jurisdiction.

YOU AND MYEDSPACE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If MyEdSpace makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to MyEdSpace's address for Notice of Arbitration, in which case your account with MyEdSpace will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if MyEdSpace receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing Law) will govern any action arising out of or related to these Terms.

These Terms, including the Privacy Notice, Code of Conduct, and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and MyEdSpace regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and MyEdSpace submit to the personal and exclusive jurisdiction of the federal courts located within the United States District Court for the District of Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.

Please read the MyEdSpace Privacy Notice (https://myedspace.com/us/privacy-notice) (the “Privacy Notice”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. If you are the parent or guardian of a child under the age of 13, please also read the MyEdSpace Children's Privacy Notice (https://myedspace.com/us/childrens-privacy-notice) (the “Children's Privacy Notice”), which explains how we collect and use personal information from children under 13. The Privacy Notice and the Children's Privacy Notice are incorporated by this reference into, and made a part of, these Terms.

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

If you or your child encounter content or conduct on the Service that you believe is harmful, inappropriate, or violates these Terms or the Code of Conduct; including bullying, harassment, or any concern about a child's safety, you or any parent, guardian, or affected person may report it to us at safeguarding@myedspace.com. We will review reports promptly, take action we consider appropriate (which may include removing content or restricting, suspending, or terminating accounts), and, where we believe it is necessary to protect a child's safety or where required by law, we may notify law enforcement or child protective services. If we remove your content or restrict your account and you believe we made a mistake, you may ask us to review the decision by contacting hello@myedspace.com.

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Notice. Please read our Privacy Notice to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

The Service is offered by MyEdSpace Inc., located at 24A Trolley Square #1259, Wilmington, DE 19806-3334. You may contact us by sending correspondence to that address or by emailing us at hello@myedspace.com.

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.