Edvisor: Terms of Service

1 Acceptance of Terms.

1.1 Edvisor Technologies Inc. ("Edvisor") offers its Service (as defined below) through its website at www.edvisor.io (the "Site"), governed by this Terms of Service agreement ("TOS"). By accepting this TOS or by accessing or using the Service or Site, you confirm that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company or other legal entity, you affirm that you have the authority to bind such entity and its affiliates to these TOS. The terms "you" or "your" will refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these TOS, you must not accept these TOS and may not use the Service.

1.2 Edvisor may modify this TOS periodically. Notice of changes will be sent to you via email (to the email address Edvisor has on file) and also displayed on Edvisor. You can review the most current version of this TOS at any time at www.edvisor.io/terms. The revised terms and conditions will become effective upon posting and if you use the Service after that date, we will consider your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to cease accessing and using the Service.

2 Description of Service.

The "Service" includes (a) the Site, (b) the Edvisor course search tool, quoting tool, invoicing tool, customer relationship management (CRM) features, booking tool, add-ons tool management tool, school discovery tool, and other features provided through the Site, and (c) all software, data, numbers, text, images, sounds, video, and content made available through the Site or services (collectively referred to as the "Content"). Any new features added to or augmenting the Service are also subject to this TOS.

2.1 Specific Services: For users that sign up for the Distribute module, additional responsibilities apply as outlined in Section 7. For users that use our insurance marketplace, additional terms apply as outlined in the Providers, Purchases, Summarized Information, and Refunds sections.

3 General Conditions / Access and Use of the Service.

3.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.

3.2 Subject only to the limited right to access and use the Service expressly granted to you under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Edvisor. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with Edvisor, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.

3.3 You are responsible for all information, data, text, messages or other materials that you post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows. Edvisor reserves the right to access any or all your accounts in order to respond to your requests for technical support.

3.4 You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Edvisor's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.

3.5 The failure of Edvisor to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Edvisor, even though it is electronic and is not physically signed by you and Edvisor, and it governs your use of the Service and takes the place of any prior agreements between you and Edvisor.

3.6 By utilizing Edvisor's services, you acknowledge that Edvisor acts as the Merchant of Record for spot reservations. Edvisor commits to reserving these places from our partnered educational institutions on Edvisor Distribute and providing them to you in our capacity as Merchant of record. You will then facilitate the booking process with end consumers. As Merchant of Record, Edvisor collects payments and provisions the reserved places to our network of agents.

4 Trademarks.

"Edvisor" and Edvisor's various logos used or displayed on the Service are trademarks of Edvisor and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Edvisor products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.

5 Payment and Refunds.

5.1 The Service is made available on a paid subscription basis. Edvisor charges for plans with added capacity and agency connection provisioning. You will be billed monthly or yearly starting on the day of registration, depending on the type of payment plan you choose. Your billing plan will automatically renew after each billing cycle (monthly or yearly) unless you request a cancellation as outlined in Part 6. Each time the billing plan renews; we will charge your payment method on file.

5.2 Edvisor provides an interface for the account owner to change credit card information (e.g., upon card renewal). The account owner will receive an email receipt upon each credit card charge. Edvisor uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information except to process your credit card information for Edvisor. Please visit the privacy section on this same page to understand how Edvisor collects and uses personal information.

5.3 Price Changes. Edvisor reserves the right to change the prices of its products and services at any time. We will provide you with at least 30 days' advance notice before any price changes take effect. Such notice will be provided to the account owner via the email address on file and will also be displayed within the Service interface or on the Edvisor website. Continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. If you do not agree with the price changes, you have the right to reject the change by canceling your subscription before the price change becomes effective. If you have a prepaid subscription, the price change will not affect your current subscription period and will only take effect upon the next renewal.

5.4 Refund Policy for Subscription Plans. Once a user is charged for a monthly or yearly subscription, the payment is non-refundable, and no refunds will be issued for that billing cycle. Canceling the account stops future charges, but no refunds will be provided for past charges. Users are encouraged to cancel their subscription before the next billing cycle to avoid further charges.

6 Cancellation and Termination.

6.1 You are responsible for properly canceling your account. The account owner can cancel the account at any time by clicking on the Settings link after logging in, then clicking the Contact Us for Account Changes link. There are no other means of canceling your account. All of your content will be deleted from the Service within twenty-four (24) hours upon cancellation. This information cannot be recovered once your account is canceled. If you cancel the Service, your cancellation will take effect immediately and you will not be charged again.

6.2 Edvisor reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, if Edvisor believes that you have violated these TOS. Edvisor will use best efforts to publish on the Site or notify you about any planned downtime of the Service, and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Edvisor shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.

6.3 Refund Policy for Canceled Subscriptions. Cancellations made after the billing date will not result in refunds for the current billing cycle. Future charges will be stopped upon cancellation, but no refunds will be issued for past payments. Users should cancel their subscription before the start of the next billing cycle to avoid future charges.

7 Edvisor Distribute.

If you sign up for the Edvisor Distribute module, you agree to the following:

7.1 Collaborate with Edvisor to launch your profile within twenty-five (25) days of subscribing to the Service.

7.2 Assume sole responsibility for the accuracy and reliability of any Content (data, numbers, text, images, sounds, video, or other content) you upload or submit to the Service. If an education agency disputes the Content in your Edvisor Account, including pricing and promotions data, you are responsible for resolving the issue with the education agency.

7.3 Retain all rights, titles, and interests in your Content, including all intellectual property rights.

7.4 Grant Edvisor the necessary licenses to your Content solely for the purpose of delivering the Service.

7.5 Refrain from providing, posting, or transmitting any Content that infringes or violates third-party intellectual property rights, applicable laws, or contains any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data, or personal information.

7.6 You acknowledge and agree that Edvisor reserves places within your institution for distribution and resale. By reserving such places, Edvisor commits to compensating you, in accordance with the pricing and payment terms set forth within the Service. You recognize that Edvisor engages with our agent network as Merchant of Record to secure confirmed bookings and have the agent network facilitate the filling of these places.

7.7 Minimum Subscription Period: Customers who subscribe to the Edvisor Distribute module on a monthly payment plan acknowledge and agree that their use of Edvisor's technology is subject to a minimum commitment period of one (1) year. This commitment ensures that our school partners can rely on consistent participation and support throughout the academic year. Early termination of the subscription before the completion of the one-year period will result in a termination fee equal to the remaining monthly payments due for the committed period. This condition applies to all Edvisor Distribute monthly subscribers effective immediately upon their subscription activation.

7.8 Cancellation and Refund Policy: Cancellations and refunds for the Edvisor Distribute module follow the same rules as outlined in Sections 5 (Payment and Refunds) and 6 (Cancellation and Termination) of this TOS. Any cancellation made after the billing date will not be eligible for a refund. Future charges will be stopped upon cancellation, but no refunds will be provided for past charges. Users must cancel before the start of the next billing cycle to avoid future charges. Additionally, early termination of the one-year commitment will incur a termination fee as described in Section 7.7.

8 Insurance.

Should you purchase insurance through Edvisor's marketplace, please be aware of the following:

8.1 Edvisor's Role: Edvisor acts only as a conduit and reseller of insurance products. The insurance providers are solely accountable for their offerings and fulfillment. When you apply for insurance via Edvisor, we collect your application and payment and forward them to the appropriate provider. Any policy you purchase is subject to the provider's terms, not Edvisor's. Edvisor is not an insurer, does not represent any insurance provider, and does not guarantee the provider's ability to meet its obligations. Edvisor bears no responsibility for the delivery, execution, or any claims arising from the insurance product.

8.2 Purchases: By buying a policy, you affirm that you are the authorized account holder used for payment or have explicit consent from the authorized account holder to make the purchase and payment.

8.3 Information Summary: The Edvisor website provides general statements about the insurance offerings' terms. These statements do not cover all terms and conditions of each policy. You are responsible for verifying the exact terms of any product you plan to purchase. Edvisor is not liable for any discrepancies between the summarized information and the actual insurance policies' terms.

8.4 Refund Policy (applicable to all requests submitted to Edvisor on or after Oct 1, 2023): Edvisor will respect the terms, conditions, and cancellation policies of each insurance provider. If you are eligible for a full refund from the provider, Edvisor will refund the full purchase price minus any processing or bank fees incurred by Edvisor on the original purchase. If you are eligible for a partial refund, Edvisor will refund the unused portion of your premium minus any processing or bank fees incurred by Edvisor on the original purchase. Typical processing fees are about 3.5%. Refunds will be issued to the original card used for the purchase. Customers with "Pay Later" terms will have refunds credited to their account for future use. Any commission adjustments resulting from the refunds will be reflected in future customer commission statements, reducing the total balance owed to the customer.

9 Public Announcements.

9.1 Both you and Edvisor shall be permitted to make public announcements, including but not limited to, press releases and media announcements, regarding the existence of this Agreement and the relationship between the parties.

9.2 Edvisor shall be permitted to disclose, including through the display of your name, trademark(s) and logo(s) on Edvisor's website, sales and marketing presentations, and publicity and marketing materials, that you are one of its customers.

10 API.

This amendment ("Amendment") modifies the Terms of Service ("Agreement") between Edvisor ("Company") and users ("Users") who access and utilize our Application Programming Interface ("API"). Effective Date: 5th, July, 2023.

10.1 Prohibition on API Data Storage: By accessing or using our API, Users expressly acknowledge and agree that they shall not store any data obtained through the API, whether it be raw data, processed data, or any derivative thereof, outside of the immediate processing requirements necessary for the authorized and intended use of the API.

10.2 Data Usage Restrictions: Users shall not, under any circumstances, retain, persist, reproduce, cache, store, or save any API data obtained from our services, except for the duration necessary to perform immediate operations or processing within their application while actively using the API. All data obtained through the API must be promptly discarded once it is no longer required for the intended purpose.

10.3 Data Security and Confidentiality: Users are responsible for implementing adequate security measures to prevent unauthorized access, disclosure, or misuse of API data during the permitted processing period. Users shall ensure the protection of data privacy and maintain strict confidentiality in accordance with applicable laws and regulations.

10.4 Breach and Remedies: Any violation of this amendment shall be considered a material breach of the Agreement. In the event of non-compliance, the Company reserves the right to suspend or terminate API access, pursue legal remedies, and seek damages for any losses resulting from the breach.

10.5 Reservation of Rights: Edvisor reserves the right to monitor API usage and investigate any suspected violations. Edvisor may modify or update this amendment at any time by providing notice to Users through reasonable means, including posting the revised terms on the Company's website or notifying Users via email.

10.6 By continuing to access or use the API following the effective date of this Amendment, Users acknowledge and agree to be bound by the terms and conditions outlined herein.

11 Disclaimer of Warranties.

THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND EDVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT EDVISOR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM EDVISOR OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

12 Limitation of Liability.

12.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL EDVISOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, EDVISOR SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

12.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, EDVISOR'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13 Intellectual Property Rights.

All intellectual property rights in the Service, the Site, and Content belong and remain with Edvisor. You acknowledge and agree that you have no right, title, or interest in or any Service, Site, or Content, except as provided in this TOS. You agree not to challenge, directly or indirectly Edvisor's ownership (or its licensors as applicable) of and title to the Service, Site, and Content.

14 Assignment.

Edvisor may assign or transfer this TOS, in whole or in part, without restriction.

15 Export Compliance.

You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.

16 Governing Law.

These TOS shall be governed by the laws of British Columbia without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and provincial courts of the Province of British Columbia for the purpose of resolving any dispute relating to your access to or use of the Service.

This document was last updated on June 3rd, 2024.