Terms of Service

1. Introduction

Welcome to Blacklink, Inc.'s educational platform and services. These Terms of Service ("Terms") constitute a legally binding agreement between you and Blacklink, Inc. ("we," "us," or "our") governing your access to and use of our website, applications, software, and services (collectively, the "Platform").

2. Definitions

For purposes of these Terms:

• "Platform" refers to all Blacklink, Inc. websites, applications, software, and services
• "User" means any individual who accesses or uses the Platform
• "Student" means a user who is enrolled in an educational institution
• "Educator" means a user who is a teacher, instructor, administrator, or other education professional
• "Content" includes all text, graphics, images, software, and other materials on the Platform
• "Educational Records" means information directly related to a student's educational progress
• "Personal Information" means information that identifies or can identify an individual user

3. Eligibility and Age Requirements

General Eligibility

To use our Platform, you must:

• Be at least 4 years old (with appropriate supervision and consent)
• Have the legal capacity to enter into these Terms
• Provide accurate and truthful information
• Comply with all applicable laws and regulations

Minors (Under 18)

Children Under 13 (COPPA Compliance)

For users under 13, we comply with the Children's Online Privacy Protection Act (COPPA). Additional protections include:

• Parental consent before collecting personal information
• Limited data collection to essential educational functions
• No behavioral advertising to children
• Parental rights to review and delete child's information

4. Account Creation and Security

Account Registration

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Choose a secure password and keep login credentials confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

Single Sign-On (SSO)

We support authentication through approved educational identity providers, including:

• Google Workspace for Education
• Microsoft Azure Active Directory
• School district SSO systems

Account Suspension and Termination

We reserve the right to suspend or terminate accounts that violate these Terms, engage in harmful activities, or pose security risks.

5. Acceptable Use Policy

Permitted Uses

You may use the Platform for legitimate educational purposes, including:

• Accessing educational content and tools
• Collaborating on educational projects
• Creating and sharing appropriate educational content
• Participating in educational discussions and activities

Prohibited Activities

• Illegal Activities: Violating any federal, state, or local laws
• Harmful Content: Uploading, sharing, or transmitting:
  • Harassment, bullying, or threatening content
  • Discriminatory or hate speech
  • Sexually explicit or inappropriate material
  • Violence or dangerous activities
• Security Violations:
  • Attempting to breach security measures
  • Accessing others' accounts without permission
  • Distributing malware or viruses
  • Reverse engineering our software
• Platform Misuse:
  • Circumventing usage limitations
  • Creating fake accounts or impersonating others
  • Spamming or sending unsolicited communications
  • Commercial use without authorization
• Academic Dishonesty:
  • Cheating on assessments or assignments
  • Plagiarizing content or ideas
  • Sharing assignment answers inappropriately

6. Products and Services

Current Platform Offerings

Blacklink, Inc. provides the following educational products and services:

Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted access. Services may be temporarily unavailable due to:

• Scheduled maintenance
• Technical difficulties
• Third-party service outages
• Force majeure events

Beta and Alpha Services

Some services may be offered in beta or alpha stages. These services:

• Are provided for testing and feedback purposes
• May contain bugs or incomplete features
• May be modified or discontinued without notice
• Are provided "as-is" with additional disclaimers

7. Educational Content and Materials

Our Content

We provide educational content including lessons, assessments, tutorials, and reference materials. This content is:

• Designed for educational purposes only
• Subject to continuous improvement and updates
• Licensed to you for personal educational use
• Protected by intellectual property rights

User-Generated Content

When you create or upload content to our Platform, you:

• Retain ownership of your original content
• Grant us a license to host, display, and distribute your content
• Represent that you have the right to share such content
• Are responsible for the accuracy and appropriateness of your content

AI-Generated Content

Our Platform may use artificial intelligence to generate educational content. Users should:

• Verify AI-generated information before relying on it
• Use AI tools as learning aids, not replacements for critical thinking
• Understand that AI content may contain errors or biases
• Follow their institution's policies regarding AI-assisted work

8. Data Collection and Privacy

Information We Collect

We collect various types of information to provide and improve our educational services:

• Personal Information: Name, email, school affiliation
• Educational Data: Learning progress, assignments, assessments
• Usage Data: Platform interactions, feature usage, session information
• Technical Data: Device information, browser type, IP addresses

Educational Privacy Compliance

We comply with major educational privacy laws:

• FERPA: Family Educational Rights and Privacy Act
• COPPA: Children's Online Privacy Protection Act
• Student Data Privacy Laws: State and local regulations

9. Intellectual Property Rights

Our Intellectual Property

The Platform and its content are protected by intellectual property laws. We own or license:

• Software code and algorithms
• Educational content and curricula
• Trademarks and brand elements
• User interface designs
• Proprietary methodologies

Your Content Rights

You retain ownership of original content you create. However, by using our Platform, you grant us:

• A non-exclusive license to use your content for Platform operations
• Rights to display your content to other authorized users
• Permission to backup and store your content
• The right to remove content that violates our policies

Respect for Third-Party Rights

Users must respect others' intellectual property rights and:

• Not upload copyrighted material without permission
• Properly attribute sources and citations
• Report suspected copyright violations
• Comply with fair use guidelines

DMCA Compliance

We respond to valid copyright infringement claims under the Digital Millennium Copyright Act (DMCA). To file a claim, contact us with:

• Identification of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• Electronic signature

10. Payment Terms and Billing

Free Services

Many of our educational services are provided free of charge to support educational equity. Free services include:

• Blacklink Class Pack resources
• Basic platform features
• Essential educational tools

Premium Services

Some advanced features may require payment. For premium services:

• Pricing will be clearly displayed before purchase
• Payment is due in advance
• Subscriptions renew automatically unless cancelled
• Educational discounts may be available

Refund Policy

We offer refunds under certain circumstances:

• Technical issues preventing service use
• Billing errors or unauthorized charges
• Service discontinuation
• Other circumstances at our discretion

Institutional Billing

Schools and districts may arrange institutional billing with separate terms and conditions.

11. Account Termination and Suspension

Termination by You

You may terminate your account at any time by:

• Using account deletion features in your profile settings
• Contacting our support team
• Following institutional procedures (for school-managed accounts)

Termination by Us

We may suspend or terminate accounts for:

• Violation of these Terms of Service
• Harmful or inappropriate behavior
• Security threats or breaches
• Prolonged inactivity
• Legal or regulatory requirements

Effects of Termination

Survival of Terms

The following sections survive account termination:

• Intellectual Property Rights
• Limitation of Liability
• Indemnification
• Dispute Resolution

12. Disclaimers and Warranties

Service Disclaimers

Educational Content Disclaimers

Regarding educational content and AI-generated materials:

• Content is for educational purposes only
• Information may not be complete, current, or error-free
• AI-generated content should be independently verified
• We do not guarantee specific educational outcomes
• Content should supplement, not replace, formal instruction

Technical Disclaimers

We do not warrant that:

• The Platform will be uninterrupted or error-free
• All bugs or defects will be corrected
• The Platform will meet your specific requirements
• Data transmission will be secure or uncorrupted
• Results obtained will be accurate or reliable

Third-Party Services

Our Platform may integrate with third-party services. We disclaim responsibility for:

• Third-party service availability or performance
• Content accuracy from external sources
• Third-party privacy practices
• Compatibility with external systems

13. Limitation of Liability

Damages Limitation

Maximum Liability

Our total liability to you for all claims related to the Platform shall not exceed:

• For free services: $100 USD
• For paid services: The amount you paid in the 12 months preceding the claim
• In no case more than $1,000 USD

Educational Context

Given our educational mission, we specifically disclaim liability for:

• Academic performance or educational outcomes
• Decisions made based on Platform content
• Loss of educational opportunities
• Conflicts with institutional policies

Exceptions

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraudulent misrepresentation
• Violations of applicable law
• Gross negligence or willful misconduct

14. Indemnification

Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless Blacklink, Inc. , its affiliates, officers, directors, employees, and agents from any claims, damages, or expenses arising from:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload or share
• Your negligent or wrongful conduct

Defense and Settlement

We reserve the right to:

• Assume defense of any claim at our expense
• Seek legal counsel of our choosing
• Require your cooperation in defense efforts
• Control settlement negotiations

Notice and Cooperation

We will provide prompt notice of claims and you agree to:

• Cooperate fully in defense efforts
• Provide necessary documentation
• Not settle claims without our consent
• Reimburse our reasonable expenses

15. Dispute Resolution

Informal Resolution

Before pursuing formal legal action, we encourage resolving disputes through:

• Direct communication with our support team
• Good faith negotiation
• Mediation services when appropriate

Binding Arbitration

Arbitration Procedures

Arbitration will be conducted according to:

• Rules of the American Arbitration Association (AAA)
• Location convenient to both parties
• Single arbitrator unless parties agree otherwise
• English language proceedings

Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in class action lawsuits or class-wide arbitrations.

Governing Law

These Terms are governed by the laws of Missouri, United States, without regard to conflict of law principles.

16. Changes to Terms of Service

Modification Rights

We reserve the right to modify these Terms at any time. Changes may be made to:

• Reflect new features or services
• Comply with legal requirements
• Address security concerns
• Improve user protection
• Clarify existing provisions

Notice of Changes

When we make material changes to these Terms:

• Updated Terms will be posted on this page
• The "Last Updated" date will be revised
• Users will be notified via email or platform notification
• For significant changes, we may require explicit acceptance

Acceptance of Changes

Your continued use of the Platform after changes constitutes acceptance of the updated Terms. If you disagree with changes:

• You should discontinue use immediately
• Contact us with specific concerns
• Request account deletion if desired

Educational Institution Notice

For institutional users, we will provide advance notice of material changes that may affect educational services or data handling practices.

17. Additional Legal Provisions

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Blacklink Education regarding use of the Platform.

Assignment

You may not assign your rights under these Terms. We may assign our rights and obligations to affiliates or in connection with a merger, acquisition, or sale of assets.

Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or our right to enforce it in the future.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures.

Export Compliance

The Platform may be subject to export control laws. You agree to comply with all applicable export and import regulations.