Terms of Use
These Terms govern your access to and use of Mind Orbit Academy’s websites, learning platform, and related services.
Welcome. Mind Orbit Academy (“Academy,” “we,” “us,” “our”) provides educational services and associated websites, applications, and online tools (“Service”).
1. Eligibility and account registration
To use the Service, you must meet applicable eligibility requirements and provide accurate information when creating an account or submitting enrollment or forms. Parents and legal guardians are responsible for ensuring that any student using the Service is eligible and has appropriate consent where required by law.
You are responsible for safeguarding your login credentials and for all activity that occurs under your account. If you suspect unauthorized use, you must notify us promptly.
Enrollment/access is for a single student and must not be shared, resold, sublicensed, or provided to other individuals without written permission from Mind Orbit Academy.
2. Acceptable use
You agree to use the Service only for lawful, educational, non-commercial purposes unless we have granted written permission otherwise. You must not interfere with or disrupt the Service, attempt to gain unauthorized access, reverse engineer, or tamper with any systems supporting the Service.
You must not upload or transmit malware or harmful code and must not use automated tools, scripts, bots, or similar technologies to access, scrape, harvest, or extract data from the Service without express written permission.
3. User content
You may submit information to the Service (“Input”). You retain ownership of your Input, subject to the rights you grant to the Academy to operate, maintain, analyze, improve, and secure the Service.
By submitting Input, you grant us a worldwide, irrevocable, perpetual, royalty-free license (with the right to sublicense) to use, reproduce, adapt, distribute, and process your Input and related materials as needed to operate and provide the Service.
You confirm that your Input and use of the Service comply with applicable laws and do not violate third-party rights.
4. Intellectual property
All components of the Service, including source code, software architecture, backend services, interfaces, graphical elements, and underlying content and intellectual property, are owned by Mind Orbit Academy or its licensors and are protected by applicable intellectual property laws.
You may not use Mind Orbit Academy’s trademarks, logos, or branding materials without prior written permission.
5. Term and termination
These Terms apply from the time you first use the Service and continue until terminated. We may suspend or terminate access without notice for violations of these Terms or for other reasons, including to protect the Service, students, or system integrity.
6. Disclaimers
THE SERVICE, INCLUDING ANY WEBSITES, APPLICATIONS, PROTOCOLS, TOOLS, AND OUTPUTS, ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF RELIABILITY, ACCURACY, OR FUNCTIONALITY.
WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPATIBLE WITH YOUR NEEDS OR EXPECTATIONS.
WE MAKE NO PROMISES THAT ANY CONTENT, DATA, OR OUTPUTS GENERATED BY THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT, OR FREE FROM ERRORS. YOU SHOULD NOT RELY ON THE SERVICE FOR DECISIONS RELATING TO LEGAL, MEDICAL, FINANCIAL, SAFETY, OR OTHER PROFESSIONAL MATTERS.
WE MAKE NO PROMISES OR GUARANTEES REGARDING STUDENT ACADEMIC PERFORMANCE, GRADES, TEST RESULTS, PLACEMENT, ELIGIBILITY, CREDIT TRANSFER, DIPLOMAS, OR ANY OTHER EDUCATIONAL OUTCOME.
The Service may include links to or content from third parties. We are not responsible for third-party websites, services, content, or practices, including any unauthorized collection or use of data by third parties.
7. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIND ORBIT ACADEMY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE.
THIS INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND ANY LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, EVEN IF MIND ORBIT ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT MIND ORBIT ACADEMY’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT PAID BY YOU (OR YOUR FAMILY) FOR ACCESS TO THE SERVICE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
This limitation applies to claims arising out of service interruptions, delays, failures, or security events caused by (i) your devices or network, (ii) third-party systems or services, (iii) events beyond our reasonable control (including force majeure), or (iv) your failure to protect credentials.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR DISSATISFACTION WITH THE SERVICE IS TO DISCONTINUE YOUR USE.
8. Modifications to the Terms
We may revise these Terms at any time. Changes become effective immediately upon posting. Continued use of the Service means you accept the updated Terms.
9. Indemnification
You agree to defend, indemnify, and hold harmless Mind Orbit Academy, its affiliates, and related parties from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- your use or misuse of the Service;
- your violation of these Terms or applicable law;
- your violation of any rights of others (including intellectual property and privacy rights);
- content or information you submit to the Service that infringes or violates third-party rights.
Mind Orbit Academy may participate in the defense of any matter at its discretion, but you remain responsible for the defense and indemnity to the extent permitted by law.
10. No waiver
Failure to enforce any provision is not a waiver of our right to enforce that provision in the future. Any waiver must be in writing.
11. Copyright and ownership notice
All products and services provided through the Service are the property of Mind Orbit Academy or its licensors. Unauthorized reproduction, distribution, modification, or use is prohibited.
12. Governing law and dispute resolution
These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles. Except for disputes that fall within the small-claims carve-out below, you and Mind Orbit Academy agree to resolve disputes through good-faith negotiation first, and then through binding arbitration to the fullest extent permitted by law.
Good-faith negotiation. Before starting a formal dispute process, the parties will try to resolve the issue informally.
Arbitration. If the dispute is not resolved, it will be resolved through binding arbitration to the fullest extent permitted by law.
FAA (where applicable). The arbitration provision is intended to be enforced under the Federal Arbitration Act.
Class action waiver; individual claims only. To the fullest extent permitted by law, you and Mind Orbit Academy agree that any arbitration or lawsuit will be brought on an individual basis only. You waive the right to participate in any class action, collective action, or consolidated proceeding.
Jury trial waiver. To the fullest extent permitted by law, you waive any right to a jury trial.
Small claims court. Either party may bring an individual case in small claims court, to the extent permitted by law.
Attorneys’ fees. Each party will bear its own attorneys’ fees and costs unless an arbitrator or applicable law determines otherwise.
Injunctive relief. Nothing in these Terms prevents either party from seeking injunctive or equitable relief in court to stop unauthorized access, misuse of credentials, or infringement or misappropriation of intellectual property, to the extent permitted by law.
13. General terms
These Terms, together with related policies (including privacy and student record policies), represent the complete agreement between you and Mind Orbit Academy.
If any part of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted.
14. Questions
For help, use the Contact page.