Terms of Service

Last Updated: August 16, 2024

This document outlines the Terms of Service (“Terms”) governing your use of the LectureLogger application, its affiliated websites, portals, and any related services (collectively, the “Service”) provided by CheckMate Innovations LLC, a Texas limited liability company doing business as LectureLogger (“Company”).

1. Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any provision of these Terms, you are prohibited from using the Service.

2. Use of the Service

2.1 Eligibility:

You must be at least 13 years of age to use the Service. By accessing and using the Service, you represent and warrant that you meet this age requirement.

2.2 Account Registration:

To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account.

2.3 Prohibited Conduct:

You agree not to engage in any activities that violate these Terms, including but not limited to:

Using the Service for any unlawful purpose or in violation of any applicable laws or regulations.
Interfering with the security, operation, or performance of the Service.
Attempting to gain unauthorized access to the Service, its related systems, or networks.

Using the Service, or any content or information obtained through the Service, to develop, enhance, or operate a competing product or service.
Engaging in any conduct that disrupts or negatively affects the experience of other users.

3. Intellectual Property Rights

The Service and all content, features, and functionality available through it are owned or licensed by Company and are protected by applicable intellectual property laws. You are prohibited from copying, modifying, distributing, or creating derivative works from any part of the Service without the prior written consent of Company.

4. Communications

By creating an account on the Service, you consent to receive newsletters, marketing or promotional materials, and other communications from Company. You may opt out of receiving such communications at any time by following the unsubscribe instructions provided in the emails. However, Company reserves the right to send you necessary transactional or administrative communications related to your use of the Service.

5. Content

You are solely responsible for any content you post, link, store, share, or otherwise make available through the Service (“Content”). By posting Content, you represent and warrant that you own or have the necessary rights to use and grant the rights and licenses provided herein and that the posting of your Content does not violate any third-party rights.

By posting Content, you grant Company a license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. Company reserves the right to monitor and remove any Content that it deems inappropriate or in violation of these Terms.

6. Subscriptions

Certain aspects of the Service may be offered on a subscription basis (“Subscription(s)”). Subscriptions are billed in advance on a recurring and periodic basis (“Billing Cycle”), which may be set on a semester or annual basis depending on the Subscription plan you select.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Company cancels it. You may cancel your Subscription renewal through your account management page or by contacting Company’s customer support.

A valid payment method is required to process payments for your Subscription. By providing payment information, you authorize Company to charge the Subscription fees to your designated payment method. In the event automatic billing fails, Company will issue an invoice requiring manual payment within a specified deadline.

Refund requests for Subscriptions will be reviewed on a case-by-case basis and granted at the sole discretion of Company.

7. Free Trials and Fee Changes

Company may, at its discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information to sign up for the Free Trial, but you will not be charged until the trial period expires. Upon expiration of the Free Trial, your Subscription will automatically convert to a paid Subscription unless you cancel it before the trial period ends.

Company reserves the right to modify Subscription fees at any time. Any fee changes will take effect at the end of the current Billing Cycle, with prior notice provided to you. Your continued use of the Service after the fee change becomes effective constitutes your agreement to the new fees.

8. Indemnification

You agree to defend, indemnify, and hold harmless Company, its affiliates, and their respective directors, officers, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Service, your breach of these Terms, or your Content.

9. Disclaimer of Warranty

The Service is provided “as is” and “as available” without any warranties of any kind, whether express or implied. Company makes no warranties or representations regarding the accuracy, completeness, reliability, or availability of the Service or any content therein.

10. Limitation of Liability

In no event shall Company, its directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Service, even if advised of the possibility of such damages.

11. Modifications and Termination

Company reserves the right to modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice. Additionally, Company may update these Terms from time to time. Your continued use of the Service following any changes to the Terms constitutes your acceptance of the updated Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Denton County, Texas.

13. Contact Information

If you have any questions or concerns regarding these Terms, please contact Company at [email protected].