Terms & Conditions
Effective as of May 26, 2023
Table of contents
Introduction
Welcome to GradesMagic.com ("Service") accessible through our website (the "Website"). Your use of our Service is subject to these Terms and Conditions ("Terms") which may be periodically updated at our sole discretion.
Our Website operates as a dynamic learning platform, fostering collaboration between Customers ("you", "You", or "Customer") and experienced educational Experts (“Expert”). It is a space designed for the mutual exchange of knowledge and Services, aimed at enhancing the Customer's educational levels. By utilizing our Website, Customers can discover and engage Experts, and vice versa, to deliver, receive, and compensate for the Services.
By clicking “Accept”, placing an Order, making a payment, or otherwise accessing our Services, You acknowledge that You have read, understood, and agreed to be legally bound by these Terms. These Terms encompass and incorporate our Privacy Policy, Money Back Guarantee, Cookies Policy, and other relevant agreements, which can be found on our Website. These policies may be modified from time to time, and Your continued use of our Services signifies Your acceptance of these changes.
If You do not agree to these Terms or any subsequent modifications, You should discontinue access and use of our Service. Please be aware that any personal information You provide will be managed in accordance with our Privacy Policy.
We reserve the right, at our sole discretion, to amend or update these Terms at any given time by posting a revised version on our Website. Such revisions will become effective on the date specified within the updated Terms. Your use of our Services following such changes constitutes Your acceptance of the revised Terms then in effect. We encourage You to review our Terms regularly to ensure You understand the conditions that apply to Your use of our Services.
Interpretation of Terms
- "Terms" refers to these Terms and Conditions.
- "Company" denotes Crumb4life LTD, a corporation registered under the laws of Estonia, with the address at Rüütli tn 24/1 Kesklinna linnaosa, Tallinn Harju maakond, Eesti, 10130, and the registration number 16189904.
- "Website" refers to our Website and application, owned and operated by the Company, through which our Services are provided.
- "Customer", "You", or "Your" refer to anyone using the Website for submitting, bidding, executing an Order, uploading any information, or making payments.
- "Content" constitutes all information, text, materials, images, data, links, software, or other material accessible through the Website or Services, irrespective of who created or provided it.
- "Expert" is a person contracted by the Company on a freelance basis to provide Services to the Customers.
- "Messaging System" describes the software that ensures consistent communication between the Customer and the Expert, or the Support Team.
- "Order" denotes the electronic request for a paid Service from the Customer, encompassing specific requirements and specifications, including the sources to be used in the final Product.
- "Product" is the outcome of the Service provided by the Expert, designed to facilitate the Customer's learning and comprehension in a particular subject field or topic. The Product is intended for educational purposes and not for submission to any educational institution.
- "Product Revision" is a request sent by the Customer for modifying the final version of the Product, based on the initial requirements of the Order.
- "Order Balance" signifies the total amount of funds allocated to a specific Order once an Expert has been assigned to the Order.
- "Service" pertains to the Services provided by the Experts, within a defined time frame and according to the Customer's requirements in respect of educational matters.
- "Quality Assurance Department" is the Company's structural unit tasked with evaluating and safeguarding the quality of our Products and Services. It is responsible for investigating all disputed claims impartially.
- "Support Team" or "Support" refers to the Company's structural unit responsible for coordinating and assisting in the Order process and the provision of Services.
General Information
By browsing the public areas, accessing, or using our Website, You confirm that (i) You have read, understood, and agree to be legally bound by the terms and conditions outlined in these Terms and our Privacy Policy, (ii) You are at least 16 years of age, or (iii) if You are under 16, You have reviewed these Terms and our Privacy Policy with a parent or guardian, who has agreed to them on Your behalf.
Your utilization of the Service should be lawful, personal, and for informational purposes only. You agree not to use the Service in a malicious manner or in violation of any applicable local, state, national, or international law, intellectual property, or proprietary rights of any third party. Furthermore, You commit to using common sense and judgment while accessing the Services, refraining from disclosing any unnecessary information, including personal details (both Yours and of third parties) to the Experts, especially if such disclosure is not required by the Services or may conflict with these Terms.
These Terms represent the entire agreement and understanding between You and the Company concerning the subject matter herein, superseding any prior discussions, agreements, representations, warranties, or communications between You and us, whether oral or written. YOU AFFIRM THAT YOU HAD SUFFICIENT TIME TO REVIEW AND DECIDE WHETHER TO AGREE TO THE TERMS. In case of any ambiguity or question of intent or interpretation of the Terms, no presumption or burden of proof will favor or disfavor either You or the Company due to the authorship of any provision of the Terms.
Unless otherwise specified in these Terms, if any provision of the Terms is found invalid or unenforceable for any reason or to any extent, such invalidity or enforceability will not affect or render invalid or unenforceable the remaining provisions of these Terms. The application of that provision will be enforced to the extent permitted by law. Our failure to enforce the Terms or any provision thereof shall not waive our right to do so.
The Website may contain links to third-party Websites. The inclusion of any Website link does not imply our approval, endorsement, or recommendation. You agree to access any such website at Your own risk, and that such site is not governed by the terms and conditions contained in this Agreement or the other Terms of Service. We expressly disclaim any liability for these Websites. Your browsing and interaction on any other Website, including those with a link on our Website, are subject to that Website’s own rules and policies.
Account Registration
To access and benefit from our Services, You may be required to register an account with us by providing certain information, including Your email and password, or by signing in via a Facebook or Gmail account. Your account will be established based on the information provided. You agree to provide accurate, complete, and current information during the registration process and to update such information as needed to maintain its accuracy and relevance. Registering for an account on behalf of another person is strictly prohibited.
At the time of account creation, You will be asked to establish a password. You are solely responsible for safeguarding Your password and we recommend the use of "strong" passwords (combinations of upper and lower-case letters, numbers, and symbols). You agree not to disclose Your password to any third party and to immediately notify us of any unauthorized use of Your account. Furthermore, You accept full responsibility for all activities or actions that occur through Your account, regardless of whether You have authorized such activities or actions. We will not be liable for any loss or damage arising from Your failure to comply with these requirements.
By registering, You certify that (a) the email address You provide is accurate and either belongs to You or You have the right to use it; (b) You are at least 16 years old and capable of forming legally binding contracts; (c) You are legally qualified to enter a binding contract with us; (d) You are not prohibited by law from using the Services; (e) You do not have more than one active account at any given time; (f) You have not previously been removed from the Services by us, unless You have our express written permission to create a new account.
Should any account duplication be discovered, the duplicate accounts will be merged with Your original account created during Your first purchase. If You encounter any difficulties during the account creation process, please contact our Support.
You agree to promptly notify us in cases of unauthorized use of Your account or any breach of security. We shall not be responsible for any loss or damage resulting from Your failure to comply with these provisions.
We reserve the right to modify, suspend, refuse or discontinue the Service or account registration to any Customer at any time, at our sole discretion, including due to a breach of these Terms. You agree that we will not be liable to You or any third party for any modification, suspension, refusal, or discontinuation of the Service.
Customer Responsibilities
As a user of our Services, You must abide by the following responsibilities and guidelines.
You acknowledge that the Website and Services are intended for personal use only. Any action that is intended to deceive, mislead or defraud any individual, violate or bypass any applicable law, rule, or regulation, infringe upon the rights of any person or entity, or promote illegal or harmful activities is strictly prohibited.
Impersonating any person, misrepresenting Your identity, credentials, affiliations, or intentions, and systematically retrieving information to create or compile collections, databases, directories, or similar, whether manually, through bots, crawlers, or spiders, or otherwise, is not authorized. Moreover, if You are barred from receiving Services under the laws of the United States or other jurisdictions, You are not permitted to access or use the Website or Services.
The use of the Website or Services is expressly prohibited for purposes that are not explicitly permitted by these Terms. This includes accessing, copying, distributing, sharing, publishing, using, or storing, or preparing derivative works from any Website Content belonging to the Company or a third party, including works covered by copyrights, trademarks, patents, or other intellectual property rights, without the prior express permission of the rights holder.
Sharing Your login credentials or transferring Your account to another party without our consent is strictly forbidden. Additionally, any attempts to bypass our systems, policies, and determinations regarding Your account status, including attempting to access or use the Website if Your account has been suspended or canceled, or if You have been temporarily or permanently prohibited or blocked from using the Services, is not permitted.
Customer Verification
We may require You to verify Your identity as part of our security measures. This verification process is designed to validate the payment method You have used for Your work to maintain the integrity of our Services and protect against fraudulent activities.
The verification can be conducted through various means, including our ticket system, via email, or over the phone. The method of verification will vary depending on the specific case.
The most common form of verification is payment verification, where we confirm the details of the payment method you've used. This process helps us ensure that the payment method is valid and has been authorized by you.
In rare instances, we may also require ID verification. This involves providing proof of Your identity, such as a government-issued identification document, or any other identification documents. This is typically required when there is a need for additional confirmation of Your identity.
It is essential to note that these verification procedures are in place to protect both You as the Customer and us as the Service provider. Your cooperation in completing these verification procedures promptly and accurately is greatly appreciated.
Provision of Services
As a user of our Services, You are obliged to interact respectfully with our Experts and our company. The usage of our Product in any way that could be construed as harassment towards our Experts or the Company is strictly prohibited. Furthermore, any form of communication that is unwelcome, rude, abusive, unlawful, disrespectful, offensive, harmful, or detrimental is not tolerated.
Should You feel that a Expert has breached any law or is in any way threatening or endangering you, we urge You to contact our Support Team immediately at support@gradesmagic.com.
It is important to understand that when using our Services, You will be exposed to Content from our Experts who operate outside our direct control or supervision. We do not assume responsibility for the Content or communications they provide. Additionally, You acknowledge the possibility of encountering Content that may be inaccurate, offensive, indecent, or objectionable, and in response to this, You agree to waive any legal or equitable rights or remedies that You may have against us.
By using our Services, You agree to indemnify us, including our officers, directors, employees, agents, affiliates, and licensors, to the maximum extent permitted by law, regarding all matters related to Your use of our Products.
You hold full responsibility for all the information You submit or transmit through the Website. It's important to note that once submitted, Your information cannot always be withdrawn. You assume all risks associated with Your information, including its quality, accuracy, reliability, and any personal identification disclosure.
It's Your sole responsibility to ensure that Your information does not contain anything illegal, false, intentionally misleading, defamatory, or in violation of any third-party rights.
Lastly, You acknowledge that our Website is designed to provide educational assistance to Customers and as such, You commit to adhere to the community guidelines.
Placing and Processing Orders
Orders are made by filling out the provided Order form on the Website. The Service is strictly request-based and not provided by any other means.
The Order form will detail the extent of the work, including Order parameters and delivery timelines. It is Your obligation to provide precise, complete, and final details in each standard Order form section. It's crucial to present the Order details in a way that enables the Expert to deliver an accurate Product.
We retain the right to re-evaluate Order details after the final payment to verify whether the assignment requirements, as specified by you, were met. If there's a discrepancy, our Support Team reserves the right to modify the Order to ensure adherence to Your stipulated requirements.
Each Order You place should have a specified volume, measured by word count. Upon receiving the delivered Service, the Product must correspond to the anticipated word count. A document may contain fewer pages than requested but should adhere to the guideline of 275 words per double-spaced page or 550 words per single-spaced page. If there's a discrepancy in page or word count, You may request a reformat to match the guideline.
Changes to the scope of work can be made by You or the Support Team only if the Expert hasn't started the work. No alterations can be made once the Expert has begun working on the Order. If changes affect the work's volume or complexity, or narrow the completion time, You may be asked to provide additional compensation.
If You require specific resources to be used in the Order execution, You must specify these and provide them to the Expert together with the other Order details. If not provided, the Expert will source them, with additional charges incurred.
If You fail to provide the materials within the deadline, extra payment and/or time may be required for completing the Order. We bear no responsibility if the Order instructions were initially wrong or altered. If additional materials are added after the work is delivered, all funds may be released to the Expert if initial instructions are followed.
We encourage communication with the Expert using the Messaging System or directly contacting our Support Team for further information. By placing an Order, You acknowledge that it may take a few hours to receive a reply from an Expert.
You can monitor the progress of Your Order through Your personal account, where each Order's information and status is displayed. Our Support Team is also available 24/7 to provide updates on the Order status.
You have the option to select a favorite Expert to work on Your Order by specifying their name or ID in the "Preferred Expert" field. However, there's no 100% guarantee that the specific Expert will be available to work on the Order.
While placing Orders, You must not send any Content to the Experts deemed illegal, harmful, threatening, abusive, violent, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful or racially, sexually, ethnically or otherwise objectionable.
Billing and Discounts
When submitting an Order, You agree to compensate for the Services rendered. We initiate processing Your Order only after the Service payment has been made and authorized. We advise that any payment card used should have at least six months remaining before its expiration date.
In certain scenarios, we may request a photo of the credit card used for payment. The cardholder's name and the last four digits of the card should be clearly visible. We assure the confidentiality and security of all personal data shared by Customers.
The Product payment is determined by our pricing structure and is required in advance, as indicated on the Order form, once the work scope is established. The Customer may also incur a Service fee for using the Website, calculated by the Company based on the Order's complexity, parameters, and other features. The exact Service fee will be available at the payment stage.
We will not proceed with Product delivery until full payment has been received and approved.
Payments can also be made using funds from Your personal balance.
We may provide discount and bonus programs at our discretion. Customers can apply promo codes during the Order process. If the code is not entered in the designated section of the Order form, it will not be applied to the Order.
We ensure equal access to discount and bonus program information for all Customers.
Following Your Order evaluation, we may request an additional payment or additional time to work on Your Order. The final price is determined by the Expert after manual review. You have the right to either agree to the new Order parameters and total, or refuse to cooperate with the Expert. If You opt to discontinue our Services, a refund will be processed per the Refund Policy.
Payments for Orders and Products can be made using Visa, MasterCard, American Express, Discover, Diner’s Club, UnionPay, Maestro or JCB cards to recharge Your personal balance. In cases of partial or full payment reimbursement, You have the option to proceed according to the Money Back Guarantee or transfer the funds to Your personal balance.
Please note that our Service prices are subject to change. All Service descriptions, prices, and payment Terms posted on our Website are at our discretion and may change at any time without prior notice.
We may introduce new Services for additional fees, adjust fees for existing Services, or discontinue Services at our discretion.
The price charged for a Service and its payment Terms will be those in effect at the time of placing the Order. Price increases will only affect Orders placed after such changes.
Please be aware that Your bank may apply additional fees when making payment for our Services. We are not responsible for any extra charges, such as foreign transaction fees or similar bank fees. Additional fees may also apply depending on Your location and currency.
Communications Protocols
Our Company does not typically intervene in the direct communications between Customers and Experts unless it is deemed necessary:
- To ensure adherence to these Terms.
- To enhance the quality of our Services.
- As per our Money Back Guarantee.
Customers should understand and acknowledge that our Services aim to facilitate learning and not to encourage dishonest practices. You are expected not to seek or hire Experts to complete assignments, write papers, take quizzes, or perform any tasks on Your behalf. Moreover, You agree not to employ our Services in a manner that infringes the academic honesty policy or other conduct policies of Your school, university, academic institution, or workplace.
External Payment Processors
Our Website employs various external payment processing Services (collectively referred to as "Payment Processors") to handle monetary transactions for the Services provided. Your agreement to the usage and collection of personal information by these Payment Processors is mandated by their individual privacy policies and Service agreements.
We do not maintain or view Your complete credit card or other payment method information. Such information is directed to our Payment Processors for processing Your payments. All purchases involve our Payment Processors collecting Your payment details and charging Your selected payment method in relation to an Order. For taxation and financial reporting, we retain certain information for a specified period: Customer's first and last name, the last four digits of the card, the transaction number, and in certain situations, the mobile phone number.
You acknowledge and agree that we hold no responsibility for any security or privacy breaches concerning Your credit card or other payment methods.
You hereby represent and warrant that:
- The account, Order, and payment method information You provide to us or our Payment Processor are accurate, correct, and complete.
- You are duly authorized to utilize such a payment method for the purchase.
- You will cover any charges You incur in connection with the Services, including any relevant taxes.
- Your payment method Company will honor charges incurred by you.
- You will not allow anyone else to use Your account and will not transfer Your password to anyone else.
- You will report any unauthorized or prohibited access or use of Your account to us.
If there are any changes to Your account, Order, or payment method information, You agree to update this information promptly. This allows us or our Payment Processor to complete Your transactions and contact You when necessary. We are not liable for any unauthorized use of Your credit card, debit card, or other payment methods by a third party in relation to Your use of the Services.
Service Provision & Receipt
Our Company holds the responsibility for the provision of the Service and adhering to the deadline specified in the Order.
It is incumbent on the Customer to ensure that delivery channels are accessible once the Service is ready for delivery. The Company does not assume responsibility for inaccuracies in the email address provided by the Customer, nor for issues related to spam filters, internet disruptions, or other instances of Customer negligence that could impede communication channels or other contact methods beyond the Company's control. Customers are encouraged to contact our Support team for any assistance related to the delivery of their Order.
Customers bear the responsibility for timely downloading of the digital Product after the Service has been rendered. Should the Customer no longer require the completed Order, a specific refund policy can be applied upon the Customer's request. For more information on refunds, please refer to our Money Back Guarantee.
All Orders are dispatched through our in-app Service. Upon Product delivery, the Customer will receive an email notification, complete with a link to the download page, which will be dispatched to the registered email address.
Customers must thoroughly review each Order prior to its approval. Upon full payment to the Expert, the Product is considered complete. If no revision is requested within the applicable period post Order delivery, no refunds are possible. For more information on refunds related to completed Orders, please refer to our Money Back Guarantee.
Order Revision
We provide complimentary modifications to the Customer to ensure Product quality and complete satisfaction. For a free Product adjustment, the Customer needs to submit a revision request through their personal account, or contact the Support Team for assistance. We accept these requests within fourteen (14) calendar days post-delivery for short Products (less than 5500 words) and within thirty (30) calendar days post-delivery for extensive Products (more than 5500 words). Should these timeframes elapse, Customers may opt for paid adjustments or place an Order for Editing. On certain occasions, our Quality Assurance Department may offer complimentary Product adjustment beyond the stipulated time frame, solely at their discretion.
Our Quality Assurance Department holds the right to refuse an adjustment request if the new instructions contradict the original Order instructions. In such instances, the Customer might be asked to cover the cost of the proposed changes or place an Order for Editing.
The Quality Assurance Department also reserves the right to decline or limit multiple adjustment requests if the Customer's actions suggest an overt exploitation of the Expert or other unreasonable requests.
If the request aligns with all requirements outlined in these Terms, we will adjust the delivered Product free of charge.
In Order to facilitate a smooth and efficient Product Revision process, we kindly request Your cooperation. If You require a revision for Your Ordered Product, we may ask You to provide additional time or extend the deadline. Please note that a minimum of 24 hours is needed to complete the revision process effectively.
To ensure a timely response to Your requests, remarks, or comments regarding Your Order, we strongly recommend monitoring Your profile and email communications. It is important to address any necessary revisions or clarifications promptly. However, please be aware that we cannot be held responsible for any issues arising from factors beyond our control, such as incorrect email addresses, spam filters, internet outages, or other communication-related difficulties.
Account Suspension and Deactivation
You retain the right to deactivate Your account at Your discretion.
However, we also maintain the authority, at our sole discretion and without prior notice, to limit, suspend, or terminate Your account. We can also implement technical and legal measures to prevent You from accessing our Website and Services for any reason we deem appropriate, without any liability to you.
We assert the right to suspend or terminate Your account, or restrict Your access to the Services if You have created multiple accounts, or if the information provided during registration or thereafter is found to be incomplete, inaccurate, outdated, misleading, or fraudulent.
Accounts that have not been confirmed or have been inactive for an extended period may be deactivated at our discretion. Similarly, we reserve the right to deactivate accounts of Customers who are found to be in violation of these Terms.
Upon account deactivation or termination, we have the right, but not the obligation, to erase Your Content. Any Content will be treated in accordance with these Terms and our Privacy Policy.
In the event that Your account is suspended due to an actual or suspected breach of these Terms, the suspension will remain in effect until the breach has been rectified to our satisfaction or resolved in a manner we deem acceptable.
Ownership and Usage Rights
All materials presented on our Website — including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, and Service marks — are the exclusive property of the Company, or our affiliates or licensors. These elements are protected by copyright, trademark, and other laws. We possess all copyright and other intellectual property rights in these Contents, either in whole or licensed to us.
This collection of proprietary Content, which we'll refer to as "Site Content," extends to every element of our Website, including source code, scripts, design, "look and feel," HTML code, web apps, artwork, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement.
While our Services aim to benefit you, the provision of the Site and Services does not transfer to You or any third party any rights, title, or interest in or to such Site Content. You are permitted to use this Content for personal, non-commercial purposes. It is strictly prohibited to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any material without obtaining the written consent of the Company beforehand.
All trademarks, Service marks, trade names, and trade dress, including our unique logos, related names, Product and Service names, designs, and slogans, are proprietary to the Company and/or our licensors. Unauthorized use of these marks is not allowed. For any usage outside of the guidelines specified here, You must first receive written consent from the Company. All other names, logos, Product and Service names, designs, and slogans on the Website are the trademarks of their respective owners.
In case of any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Site Content, we reserve the right to take necessary actions. The Site Content should be respected as the intellectual property of the Company, and its misuse is strictly discouraged.
Website Content Integrity and Usage
Our Company maintains a firm stance against plagiarism and fraudulent activities. We shall not be held accountable for any unethical or illegal misuse of our Products or the Content provided on our website. Adherence to copyright laws is of utmost importance to us, and any malicious activities are the sole responsibility of the user, as outlined in our Terms and conditions.
As a facilitator of Content, we are a passive conduit and cannot be held responsible for all Content. The Content may contain typographical errors, inadvertent errors, or inaccuracies. We reserve the right to make modifications to document names, Content, Product or Service descriptions, or other information without the obligation to issue any notice of such changes.
You are permitted to view, copy, download, and print Content available on this Website or through our Services, subject to the following conditions:
- The Content may solely be used for internal informational purposes. Any form of reproduction or transmission of this Website's Content, by any means, electronic or mechanical, including photocopying and recording, for any other purpose is strictly prohibited.
- The Content must not be modified in any way.
- Any copyright, trademark, or other proprietary notices must not be removed.
Any implicit or explicit rights to use this Website or any Content displayed on this Website, through framing or otherwise, should not be construed as granted, except as expressly permitted by these Terms or with our prior written permission, or the permission of the party that may own the trademark or copyright of material displayed on this Website.
Service Use Assurances and Disclaimers
When You submit an Order or payment through our platform, You confirm Your understanding and agreement to the following:
- Our Services are provided for Your use at Your discretion and risk, and are delivered on an "as is" and "as available" basis. We expressly disclaim all warranties, representations, and conditions not explicitly outlined in these Terms.
- Our Services and Products are designed solely for research, reference, and learning purposes. Payments made for our Services account for the resources invested in compiling, organizing, editing, and delivering the educational Products, as well as maintaining the Website for future educational use by our Customers.
- The final Product delivered by us may only be used for personal and educational purposes, with a limited number of printed copies allowed. Any further distribution, modification, or derivative works require prior written consent from us.
- The intellectual property rights of all Products created by our Experts are transferred to us and/or our partners. As a Customer, You agree to dispose of any delivered Products once their intended research/reference purposes have been fulfilled. Redistribution or use without proper consent or citation is not permitted.
- We provide no warranties or representations, implied or explicit, regarding our Website or its materials. This includes any warranty of merchantability, fitness for a particular purpose, or any other implicit guarantee arising from the performance, transaction, or trade.
- We cannot guarantee an error-free operation of our platform and are not liable for any consequences arising from errors on our Website. Customers are responsible for verifying the accuracy, usefulness, and completeness of any opinion, advice, or Content related to the Service or available on the Website.
- We disclaim all liability associated with Your interactions with third parties, including Experts found through our Website. Any issues related to payments, Services, warranties, privacy, and data security are solely between You and the third party.
- We bear no responsibility for any loss or damage incurred due to reliance on information available on our Website. It is Your responsibility to evaluate the accuracy and usefulness of any Content available through the Website.
- We do not guarantee any results through the use of the Website and provide no warranties, either explicit or implied. We do not offer warranties or guarantees regarding any Expert’s professional accreditation, registration, or license.
Conducting Reviews and Compliance
Our Company retains the right to thoroughly scrutinize all reports, complaints, and claims, and to take legal action against any suspected violations or misconduct to the fullest extent permitted by law.
You acknowledge that we, at our discretion and without prior notice, reserve the right to monitor the use of our Website or Services by any Customer. We may do this if we have good faith reason to believe it is necessary for any of the following:
- To comply with any applicable laws or regulations, or satisfy any legal process or governmental request (e.g., subpoenas, warrants, court Orders, or requirements from administrative agencies or other governmental bodies).
- To respond to claims against the Company.
- To enforce and ensure Customer compliance with our Terms, including investigation of potential violations.
- To conduct risk assessments, and to prevent, detect, and investigate instances of fraud, security breaches, and technical issues.
- To protect the rights, property, or safety of our Company, Customers, or Experts.
- To operate and improve our Website and Services effectively, including for Customer support purposes.
As part of this process, You agree to cooperate with our Company or its representatives in good faith during such investigations, including providing any information we may reasonably request.
We reserve the right to take into account a Customer's previous performance and specific circumstances when an issue arises. This helps us to determine the strictness of policy enforcement to achieve a fair outcome for all parties involved.
Service Offerings and Availability
Our Company operates and maintains this Website as a Service to our Customers, subject to these Terms. We reserve the right to modify, suspend, or discontinue the Website or our Services, in whole or in part, at any time and for any reason, without prior notice. The Services may occasionally be unavailable due to maintenance, computer equipment malfunctions, or other factors.
We may also provide access to third-party Services and Products, as well as our own offerings, from time to time. Please be aware that the Website and any associated mobile applications are continually evolving. Consequently, the form and nature of the Website, mobile applications, and Services may change without notice.
By using our Website and Services, You acknowledge and accept these possible changes and understand that we are constantly working to enhance our offerings to better serve you.
Interactions Between Parties
The Services we offer are designed to facilitate a connection between Customers and independent Experts. As such, our role is purely that of an intermediary, and we do not function as an employer for any Expert engaged through our platform.
Experts who use our Website agree to do so solely for the purpose of providing educational Services in compliance with these Terms. As independent contractors, Experts maintain full control over the methods, materials, and Content of their educational Services.
We emphasize that Customers bear the responsibility of choosing the most suitable Expert for their specific needs. We highly recommend Customers to thoroughly review and investigate each Expert's self-reported credentials, education, and experience, as well as feedback and reviews from other Customers.
Given our role as an intermediary, we are not liable for any tax or withholding obligations, which may include but are not limited to unemployment insurance, employer’s liability, workers’ compensation insurance, social security, or payroll withholding tax.
Our Services simply provide a platform for connecting Experts willing to offer their Services as independent contractors with Customers in need of their expertise.
User Insights and Suggestions
We appreciate Your active involvement in our Services and may provide a means for You to share Your feedback, suggestions, and creative ideas (collectively, "User Insights").
When You offer any User Insights, You grant us an irrevocable, royalty-free license to use, reproduce, modify, distribute, and display the User Insights in any manner we see fit, across any media or technology platform, existing now or developed in the future. This includes the rights to create derivative works from Your User Insights, and to transfer or sublicense these rights to others. We are under no obligation to compensate You or any third party for the use of Your User Insights.
By submitting User Insights, You acknowledge that this contribution is voluntary, unsolicited, and without any restriction. You agree that it does not place us under any fiduciary or other obligations. Furthermore, we are not obliged to treat Your User Insights as confidential information.
Finally, You recognize that our acceptance of Your User Insights does not restrict our rights to use similar or related ideas previously known to us, developed by our personnel, or obtained from other sources.
Service Usage Guidelines
In utilizing our Services, all Customers and Experts pledge to:
- Adhere to all relevant laws, which includes, but is not limited to, regulations related to privacy, intellectual property, anti-spam, and taxes.
- Ensure that the information provided to us remains accurate and up-to-date.
- Utilize the Services and Website in a manner that aligns with legality, relevancy, and propriety according to applicable laws.
Any use of the Website deemed inappropriate or offensive, at our sole discretion, could lead to suspension or termination of a Customer's account, with or without prior notice.
Notification Guidelines
Unless specified otherwise by You in writing, our primary mode of communication will be via email. By agreeing to these Terms, You consent to receive electronic communications from us and affirm that such electronic exchanges comply with any applicable legal requirements for written communications. Receipt of communication is considered effective when sent to the email address you've provided us or when posted on our Website. We urge You to keep Your email address updated on our platform and regularly check the Website for updates. If You do not respond within two business days to an email regarding a violation, dispute, or complaint, we reserve the right to suspend or terminate Your use of our Services.
Should You wish to modify Your communication preferences or unsubscribe from specific communications from us, kindly send a request to our Support Team at support@gradesmagic.com, specifying the desired changes to the type and frequency of communications.
Limitation of Liability
In no event shall the Company, including its subsidiaries, directors, employees, managers, officers, and representatives (collectively referred to as "Company Parties"), be held accountable for any indirect, economic, incidental, special or consequential damages, or any other damages pertaining to: (a) the Services; (b) Site Content or Products; (c) Client Content; (d) Your use or inability to use the Site; (e) actions taken in connection with an investigation by Company Parties or law enforcement authorities regarding Your use of the Site; (f) actions in relation to copyright or other intellectual property owners; (g) any technical errors or omissions in the Service's operation; or (h) any damage resulting from unforeseeable events beyond our reasonable control, including, but not limited to, damages to any user's computer, mobile device, or other equipment or technology.
Under no circumstance shall the Company be held liable for any direct, indirect, punitive, incidental, consequential, or special damages arising from or related to the use of the Site and the provided Services. The maximum liability of the Company for any direct damages shall be limited to the greater of 100 US dollars or the amount paid by You for the Service preceding the claim.
Please note, the Site does not guarantee Your admission to any specific school or a significant increase in Your estimates as the role of our Experts is to provide qualified assistance. The entire risk associated with Your use of the Site and Services rests with you. If Your side in a jurisdiction that does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
This section shall survive any termination or expiration of Your relationship with the Company. This minimizes the Company's liability to You to the lowest amount permitted by applicable law. In no event will the Company Parties' total liability to You for all damages, losses or causes of action exceed the higher of the amounts paid by You to the Company in the past six months or $200.
Global Accessibility and Compliance
Our Website is globally accessible, with potential users hailing from countries other than the United States. While the Website and Services may showcase or make references to Products or Services predominantly available within the United States and U.S. territories, such references do not guarantee or imply the availability of these Products or Services outside the United States.
Users accessing and utilizing our Website from outside the United States are held accountable for their adherence to all pertinent local laws and regulations.
We do not assert that the information available on our Website is suitable or available for use outside the United States. Individuals opting to access our Website from locations outside the United States do so on their own accord and assume all associated risks.
Indemnity
You acknowledge that You are solely accountable for all activities associated with the use of our Service. As such, You agree to protect, indemnify, and hold the Company, along with its subsidiaries, affiliates, employees, directors, contractors, and representatives, harmless from any liabilities, claims, expenses, including reasonable legal fees, arising from: a) Your use or misuse of our Service, the Website, or Products; b) Your access to any part of the Service; c) any claims or damages that result from Your User Content; d) any violation on Your part of third-party rights, including but not limited to privacy rights or intellectual property rights; e) any other violation of these Terms or any applicable law, rule, or regulation.
This protection and indemnification obligation include any demand or claim made by a third party due to or arising from Your use of the Services. You agree to fully cooperate with us in the defense against any such claims. These indemnification responsibilities shall remain in effect even after the expiration or termination of Your relationship with the Company. Thus, You accept the duty to safeguard and indemnify the Company, its affiliates, and each of its and its affiliates' respective officers, directors, employees, independent contractors, suppliers, and representatives from any potential liabilities, costs, or damages.
Data Protection and Privacy
Your personal data's protection and confidentiality are our top priorities. The manner in which we gather, utilize, and safeguard Customer information is laid out in our Privacy Policy. In Order to offer You the Services, it might be necessary for us to send You specific messages, including Service updates and administrative communications. These messages are considered an integral part of the Services, and opting out may not always be an option. We encourage You to regularly review our Privacy Policy to stay informed about our data protection practices.
Governing Law and Dispute Resolution
These Terms and any claims or legal matters arising from or relating to these Terms (whether in contract, tort, or statute) shall be governed by and interpreted in accordance with the laws of the Republic of Estonia.
In the event of any disputes related to these Terms, the parties agree to engage in good faith negotiations to reach a resolution. If the parties are unable to reach a mutually agreeable solution, the disputes shall be submitted to the courts of Estonia, which shall have exclusive jurisdiction to settle any suits, disputes, actions, or other legal proceedings arising from these Terms.
Severability
In the event that any provision of these Terms is deemed invalid, illegal, or unenforceable by a court or other competent authority, such provision shall be modified or limited to the minimum extent necessary to make it valid, legal, and enforceable. The remaining provisions of these Terms shall remain in full force and effect.
These Terms constitute the entire and exclusive agreement between You and the Company regarding the Services and any information or materials associated with the Services. These Terms replace and supersede any prior oral or written agreements and any other communications between You and the Company.
Updates to These Terms
We understand the importance of keeping You informed about any changes to our Terms and conditions. As part of our commitment to transparency, the Company regularly reviews and may revise or update these Terms at our discretion.
When modifications are made, we will make every effort to provide advance notice by posting the changes on our Website. Additionally, we will notify You of significant updates via email or through our Website. The most recent version of the Terms will always be available on our Website for Your reference.
While we strive to give You sufficient time to familiarize Yourself with the revised Terms before they take effect, there may be instances where immediate changes are necessary. In such cases, we may not be able to provide prior notice.
We encourage You to regularly check our Website and review any updates to ensure Your continued understanding and compliance with the Terms. If You have any questions or concerns about the revised Terms, please feel free to contact us.
Contact Us
If You have any inquiries or concerns regarding these Terms, we are here to assist you. Please feel free to reach out to us via email at support@gradesmagic.com. We strive to provide prompt and helpful responses to Your questions.
We value Your feedback and encourage You to contact us with any suggestions, comments, or issues You may have. Your input is important to us as we continuously work to enhance our Services and ensure Your satisfaction.
Thank You for choosing our Services. We look forward to assisting you.