Terms of Use

Operative provisions

1.Definitions

1.1In these Terms, the following definitions apply if they aren’t otherwise defined in the introduction above:

Defined terms used in this document
Account	means a user account created by a Student User to access and use the Platform.
App Stores	means the Apple App Store, the Google Play Store, and any other digital storefront through which the App is made available by us.
Carpool Feature	means the carpool functionality made available through the Platform that enables Student Users to find each other for the purpose of sharing university-related or other journeys, as further described in our Acceptable Use Policy.
Carpool Match	means a connection between Student Users who find each other through the Carpool Feature.
Chatbot Feature	Means our companion chatbot feature, called “Awaykon”.
Content	means all text, images, graphics, logos, audio, video, podcasts, data, software, listings, profiles, messages, and other material displayed on, or available through, the Services.
Force Majeure Event	has the meaning given in Section 15.3.
Higher Education Institution	means a university, community college, or other higher education institution recognized by us from time to time.
Job Board Feature	Means the feature on the Platform through which Student Users can search job openings at WolfX and other employers.
Loss	means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing, or payment however arising, whether present, unascertained, immediate, future, or contingent, including reasonable attorneys’ fees.
Marketplace Feature	means the functionality of the Platform that allows Student Users to list, advertise, sell, buy, hire, or trade goods, services, and side ventures, as further described in our Acceptable Use Policy.
Marketplace Transaction	means a transaction between Student Users facilitated through the Marketplace Feature, including the sale, hire, or trade of goods or services.
Payment Processor	means the third-party payment service provider engaged by us from time to time to process payments through the App.
Podcast Content	means audio recordings, audio files, podcast metadata, transcripts, show notes, artwork, and other materials that comprise the WolfX Podcast.
Podcast Feature	means the aspect of the Platform through which Student Users can access the WolfX Podcast.
Student User	means a person who is at least 18 years of age and a current or recently enrolled student at a Higher Education Institution, who has registered for an Account.
Student Venture	means a business that a Student User is involved in
Student Venture Feature	means the aspect of the Platform through which Student Users can advertise their Student Ventures.
Study Tool Feature	Means the aspect of the Platform through which Student Users can use an AI-powered tool to assist with their studies.
Subscription Fee	means a recurring fee for access to the Platform, which varies depending on the Subscription Tier.
Subscription Period	means each monthly period, with the first monthly period beginning on the date you first purchase a Subscription Tier.
Subscription Tier	means the type of subscription to the Platform, designated as either silver, gold, or platinum, each of which comes with different levels of access to the Platform.
Third Party Content	means any content, materials, links, advertisements, or resources provided by third parties and accessible through or linked from the Services.
Third Party Services	means any third-party product, service, application, plug-in, or platform that is integrated with, or accessible through, the Services.
Transaction	means a Marketplace Transaction, a Carpool Match arrangement, or any other transaction made between Student Users or to us.
User Content	means any content, data, materials, listings, requests, messages, profile information, photographs, or other materials that you submit, post, upload, or otherwise make available through the Services.
WolfX Podcast	Means the podcast made available by WolfX through the Platform

2.Interpretation

In these Terms, unless the context otherwise requires:

2.1.headings are for convenience only and do not affect interpretation;

2.2.the singular includes the plural and vice versa;

2.3.a reference to a person includes a corporation, partnership, joint venture, association, government body, or other entity;

2.4.a reference to a statute, regulation, or other law includes all amendments, consolidations, and replacements;

2.5.a reference to writing includes email; and

2.6.where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.

3.Eligibility

3.1.You must be at least 18 years of age and a current or recently enrolled student at a Higher Education Institution to create an Account, transact through the Platform, or otherwise use any Student User features of the Platform. The Platform is not designed for, and must not be used by, any person under 18. If you do not meet the foregoing eligibility requirements, you must not create an Account, submit personal information, or otherwise transact through the Services.

3.2.You represent and warrant that:

3.2.1.all information you provide to us about your age, identity, Higher Education Institution, course of study, and student status is true, accurate, and complete;

3.2.2.you will promptly update that information when it changes; and

3.3.We may, at our discretion, require additional verification of your age, identity, or student status before allowing you to create an Account or access certain features of the Platform. We may engage third party verification services for this purpose.

3.4.You must not create more than one Account, and not impersonate, misrepresent, or assume the identity of another person.

3.5.We may require you to agree to additional terms and conditions that apply to specific features or promotions available through the Services. Any such additional terms supplement and are to be read together with these Terms.

4.License to Use the Services

4.1.Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial purposes, including to learn about WolfX, create and manage your Account, and access information and features made available to Student Users.

4.2.Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) download, install, and use the App on a mobile device that you own or control, and (b) access the Platform, solely for your personal, non-commercial purposes as a Student User.

4.3.We do not guarantee that the Services will be available at all times or that access will be uninterrupted, timely, secure, or error-free. We may suspend, restrict, or discontinue any feature of Services at any time without notice to you.

4.4.You are responsible for making all arrangements necessary for you to access the Services, including obtaining a suitable internet connection, a compatible mobile device, and any hardware or software required to access and use the Services.

4.5.We may, at our sole discretion, restrict or terminate your access to the Services at any time if we reasonably believe you have breached these Terms, have provided false or misleading information, have engaged in conduct that poses a risk to another user, or for any other reason we consider appropriate, without liability to you.

4.6.You must not, without our prior written consent:

4.6.1.copy, reproduce, distribute, republish, download, display, post, or transmit the Services or any Content, except as permitted by these Terms;

4.6.2.modify, adapt, translate, reverse engineer, decompile, or disassemble any aspect of the Services or Content;

4.6.3.create derivative works based on the Services or Content;

4.6.4.frame or mirror any part of the Services or Content on any other website or platform;

4.6.5.use any data mining, robots, scraping, or similar data gathering or extraction methods on the Services or Content;

4.6.6.use the Services or Content to develop, train, or fine-tune any competing product or service, or any machine learning model; or

4.6.7.sublicense, rent, lease, lend, sell, or otherwise transfer the Services, Content, or your rights under these Terms to any third party, or remove, alter, or obscure any copyright, trademark, or other proprietary notice on the Services or Content.

4.7.You may view and print Content from the Services for your own personal, non-commercial use, provided that you do not remove or alter any copyright, trademark, or other proprietary notices. All rights not expressly granted to you in these Terms are reserved by us or our licensors.

5.Accounts

5.1.To access the Platform, you must create an Account. When creating an Account, you must:

5.1.1.provide accurate, current, and complete information (including your full legal name, date of birth, Higher Education Institution, course of study, email address, and mobile telephone number);

5.1.2.only register where you are a Student User;

5.1.3.keep your Account information up to date; and

5.1.4.not create an Account using false information, a false identity, or the identity of another person without their authority.

5.2.We may, at our discretion, require additional identity, student status, vehicle, or driver license verification before allowing you to access certain Services. We may engage third party identity or background verification services for this purpose.

5.3.You are responsible for maintaining the confidentiality of your Account credentials (including your username, password, and any one-time codes) and for restricting access to the device on which you have installed the App. You must not share your Account with any other person. You must notify us immediately of any unauthorized access to, or use of, your Account.

5.4.You are responsible for all activity that occurs under your Account, whether or not the activity is authorized by you, except to the extent that the activity is the result of our negligence, wilful misconduct, or breach of these Terms.

5.5.We may suspend, restrict, or terminate your Account at any time if we reasonably believe you have breached these Terms (including our Acceptable Use Policy), provided false or misleading information, engaged in unlawful or harmful conduct, posed a risk to another Student User, or where continued access poses a risk to us, other Student Users, or the integrity of the Services.

6.Nature of the Platform

6.1.The Services available on the Platform include:

6.1.1.the Carpool Feature, which enables Student Users to coordinate shared transport for university, study-related, or personal journeys;

6.1.2.the Marketplace Feature, which enables Student Users to list, advertise, sell, buy, hire, or trade goods, services, and side ventures;

6.1.3.the Podcast Feature, which enables Student Users to listen to the Wolfx Podcast;

6.1.4.the Student Venture Feature, which enables Student Users to advertise their ventures;

6.1.5.the Chatbot Feature, which is an AI-powered companion chatbot;

6.1.6.the Job Board Feature, which enables Student Users to search for job openings at WolfX and elsewhere;

6.1.7.the Study Tool Feature, which is an AI-powered study assistant for Student Users;

6.1.8.in-app messaging and communication tools between Student Users, and broader community features.

6.2.We may, at our sole discretion, introduce new features, Services, or pricing arrangements, modify existing features, Services, or pricing arrangements, discontinue or suspend any feature or Service (in whole or in part), or impose limits on the use of, or access to, any feature or Service, at any time and without liability to you. Where a change is material, we will use reasonable endeavours to provide you with advance notice (including by in-App notification, email, or a notice on the Website).

6.3.You acknowledge and agree that:

6.3.1.we are not a transport operator, commercial passenger vehicle service, ride-sourcing service, courier, retailer, marketplace fulfilment provider, agent, broker, financial services provider, employment service, podcast publisher, or media production company, and we are not authorized, licensed, or registered as any of those things;

6.3.2.we do not employ, engage, or otherwise contract with any Student User, and no Student User is authorized to act on our behalf;

6.3.3.any arrangement for transport, sale, hire, service provision, or collaboration facilitated through the Platform is a private arrangement between the Student Users involved, and any journey, Transaction, engagement, or collaboration takes place at the sole risk of the participants;

6.3.4.we do not vet, verify, or guarantee the identity, character, background, qualifications, driver license, vehicle, insurance, financial capacity, or fitness of any Student User beyond the limited account and student status checks described in Section 5, and successful completion of any verification step does not constitute an endorsement of any Student User;

6.3.5.we do not vet, verify, or guarantee the quality, suitability, safety, or legality of any Carpool Match or Marketplace listing;

6.3.6.you are solely responsible for assessing the suitability of any other Student User, vehicle, listing, Transaction, or arrangement before proceeding, and for ensuring your own safety, the safety of your property, and compliance with all applicable laws;

6.3.7.we do not process or collect any payment for, and do not receive any commission or fare in connection with, any Carpool Match facilitated through the Platform; and

6.3.8.use of the Services is subject to our Acceptable Use Policy, which sets out conduct, eligibility, vehicle, and content requirements.

6.4.You must comply with all applicable laws, regulations, road rules, consumer protection requirements, and tax obligations in connection with any arrangement made through the Platform.

6.5.Carpool Matches

A Carpool Match facilitated through the Platform is a private, non-commercial cost-sharing arrangement between the relevant Student Users. We are not a party to that arrangement. Use of the Carpool Feature is subject to the additional eligibility, conduct, vehicle, and safety requirements set out in our Acceptable Use Policy.

Any cost-sharing between Student Users in connection with a Carpool Match must remain incidental and non-commercial. The cost-sharing amount paid by a passenger is intended only to contribute to the driver's out-of-pocket expenses (such as fuel, tolls, and parking) and must not be set, requested, or accepted in a way that would cause the Carpool Feature, or your use of it, to be characterized as a commercial passenger vehicle service, ride-sourcing service, or similar regulated activity in your jurisdiction.

6.6.Marketplace Transactions

A Marketplace listing submitted through the Platform is an invitation for other Student Users to enter into a Marketplace Transaction on the terms set out in the listing. A response that accepts the listing creates a private contract for sale, hire, or trade between the relevant Student Users. We are not a party to that contract.

Use of the Marketplace Feature is subject to the additional eligibility, listing, and conduct requirements set out in our Acceptable Use Policy, including restrictions on prohibited and restricted items. You are responsible for ensuring that any goods or services you list comply with all applicable laws (including consumer protection, product safety, intellectual property, and tax laws), and that you have the right to sell, hire, or trade them.

6.7.Student Venture Feature

A Student Venture advertisement submitted through the Platform is an invitation for other Student Users to learn about the services that the Student Venture provides. We are not a party to any contract between a Student Venture and a Student User.

Use of the Student Venture Feature is subject to the additional eligibility, listing, and conduct requirements set out in our Acceptable Use Policy, including restrictions on prohibited and restricted services. You are responsible for ensuring that your Student Venture complies with all applicable laws (including consumer protection, product safety, intellectual property, and tax laws), and that you have the right to advertise and operate the Student Venture.

We run certain contests from time to time, through which Student Users and Student Ventures can compete for prizes based on demonstrated skills. If you enter our Wolfpack Awards competition, your submission is subject to the Wolfpack Awards Terms and Conditions. If you enter our Subscriber Milestone competition, your submission is subject to the Subscriber Milestone Terms and Conditions.

6.8.Chatbot Feature

The Chatbot Feature is an artificial intelligence system and not a human being. The Chatbot Feature does not have feelings, consciousness, or independent judgment, and any responses it generates are computer-generated outputs based on patterns in data, not the personal opinions, advice, or professional judgment of any person. You acknowledge and agree that:

6.8.1.The Chatbot Feature does not provide medical, legal, financial, or psychological advice or services, is not a substitute for a licensed professional, and you should not rely on it as such;

6.8.2.we maintain a protocol intended to detect expressions of suicidal ideation, suicide, or self-harm made by a user to the Chatbot Feature, and to refer a user who expresses suicidal ideation, suicide, or self-harm to crisis service providers, including the 988 Suicide and Crisis Lifeline or a crisis text line; details of this protocol are published at https://wolfxapp.com/usa/legal/crisis-protocol;

6.8.3.The Chatbot Feature is intended for use only by Student Users who are at least 18 years of age. You are not eligible to be a Student User or use the Chatbot Feature if you are not at least 18 years old; and

6.8.4.your interactions with the Chatbot Feature may be logged, monitored, and reviewed by us for safety, quality, legal compliance, and improvement purposes, in accordance with our Privacy Policy.

If you or someone you know is experiencing a mental health crisis or having thoughts of suicide or self-harm, please contact the 988 Suicide and Crisis Lifeline (call or text 988) or emergency services immediately. The Chatbot Feature is not equipped to handle emergencies and must not be relied upon in a crisis.

6.9.Job Board Feature

Student Users may use the Job Board Feature to search for job openings at WolfX and at other employers. Student Users cannot apply for jobs through the Job Board Feature, but postings about jobs with other employers may include links to third party websites through which Student Users can learn more about job openings and apply for those jobs. Please see Section 10 of these Terms regarding the links to Third Party Services.

We do not ensure the accuracy of any information provided in job postings, except to the extent the job postings are for openings at WolfX.

6.10.Study Tool Feature

Student Users can use the Study Tool Feature to assist with their studies, including summarizing notes, converting notes into flashcards, obtaining feedback on presentations. The Study Tool Feature is an artificial intelligence tool, and Student Users acknowledge that the Study Tool Feature may not always accurately or properly complete requested tasks. Any Student User who uses the Study Tool Feature assumes sole responsibility for confirming the accuracy of any outputs generated by the Study Tool Feature.

7.Subscription Fee

7.1.Subscription Fee

Depending on your Subscription Tier, you may be required to pay a monthly, recurring Subscription Fee for your use of the Platform. You will be notified in writing of your Subscription Fee before you purchase a Subscription Tier.

Subscriptions continue indefinitely until cancelled. You will be billed on a recurring basis on the first day of each billing period and you authorize us to charge your payment method the then-current Subscription Fee.

We may from time to time make changes to Subscription Fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next Subscription Period following the date of the price change. By continuing to use the Platform after the price change takes effect, you accept the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the Subscription Tier prior to the price change going into effect.

Unless otherwise required by law, we do not provide refunds or credits for any partial Subscription Periods, except as expressly stated in these Terms.

7.2.Payment Processing

Payments are processed by the Payment Processor on our behalf. We do not store full payment card details. By purchasing a Subscription Tier, you authorize us and the Payment Processor to charge the applicable amount to your nominated payment method.

You may designate a parent or guardian (each, a “Parent”) to pay Subscription Fees on your behalf through the “Parent Portal” feature on the Platform. When you designate a Parent to pay on your behalf, the Parent will be able to create an account on the Platform that is connected to your account. The Parent will then be able to pay fees for the Platform on your behalf. If you are a Parent, you authorize us and the Payment Processor to charge the applicable amount to your nominated payment method.

Your use of the payment functionality is also subject to the terms and privacy policy of the Payment Processor. To the extent that the Payment Processor charges you a payment processing fee, that fee will be notified to you before the purchase is completed.

7.3.Pricing and amounts payable

All Subscription Fees are payable in United States dollars (USD) (unless otherwise specified) and are inclusive of any applicable sales tax where required.

7.4.Failed payments

If a payment method fails or we are otherwise unable to collect an amount owed to us, we may suspend or restrict your access to the Services until the amount is paid. You remain liable for any unpaid amounts and for any reasonable costs incurred by us in recovering them.

7.5.Tax responsibility

You are responsible for determining and meeting any tax obligations that may apply to amounts you receive through the Services (including any income tax, sales tax, or other tax obligations in connection with Marketplace Transactions or cost-sharing arrangements). We do not provide tax advice.

8.Intellectual Property and User Content

8.1.All intellectual property rights in and to the Services, and all Content (including text, graphics, logos, images, software, and the design, selection, and arrangement of those materials) is owned by or licensed to us. Nothing in these Terms transfers any intellectual property rights to you. Except as expressly permitted by these Terms, you must not use any of our intellectual property (including our trademarks, logos, or branding) without our prior written consent.

8.2.You retain ownership of any intellectual property rights that you hold in your User Content. By submitting User Content to the Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, publish, communicate, display, and distribute your User Content, solely for the purposes of:

8.2.1.operating, maintaining, securing, and improving the Services (including matching, listing, distribution, communication, and moderation features);

8.2.2.processing Transactions and providing the Services to you and to other Student Users; and

8.2.3.content moderation, fraud prevention, and compliance with our legal obligations.

8.3.You represent and warrant that, in respect of all User Content you submit:

8.3.1.you have all necessary rights, licenses, releases, and consents to submit that User Content and to grant the license in this Section 8;

8.3.2.the User Content does not infringe, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or other rights of any third party; and

8.3.3.the User Content complies with these Terms, our Acceptable Use Policy, and all applicable laws.

8.4.You are responsible for any communications you send through the Services, and for any information you share with another Student User. You should not share more personal information than is reasonably necessary to coordinate the relevant arrangement. We may monitor Platform communications and User Content for compliance with these Terms and our Acceptable Use Policy.

8.5.If you provide us with any feedback, suggestions, or ideas about the Services, you assign to us all intellectual property rights in that feedback and we may use it for any purpose without compensation or attribution to you.

9.User Conduct

9.1.When using the Services, you must:

9.1.1.comply with all applicable laws, regulations, and these Terms;

9.1.2.not use the Services for any unlawful, fraudulent, harmful, or exploitative purpose;

9.1.3.not transmit any material that is defamatory, offensive, obscene, threatening, harassing, discriminatory, sexual, or otherwise objectionable, or that infringes the rights of any third party;

9.1.4.not impersonate any person or entity, or misrepresent your age, identity, student status, qualifications, or your suitability to provide transport, goods, services, or content;

9.1.5.not introduce any virus, trojan horse, worm, logic bomb, or other material that is malicious or technologically harmful;

9.1.6.not attempt to gain unauthorized access to the Services, the servers on which the Content is stored, or any server, computer, or database connected to the Services; and

9.1.7.not interfere with or disrupt the integrity or performance of the Services.

9.2.We reserve the right to investigate any suspected breach of this Section 9 and to take any action we consider appropriate, including suspending or terminating your Account, removing Content, and reporting suspected unlawful conduct to relevant law enforcement authorities or regulators.

10.Third party links, content, and services

10.1.The Services may contain Third Party Content, or integrate with or allow access to Third Party Services, that are not owned or controlled by us, including the Payment Processor, App Stores, mapping providers, identity and student verification providers, and Higher Education Institutions. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third Party Content or Third Party Services. Your use of any Third Party Services is subject to the terms and privacy policies of the relevant third party.

10.2.The inclusion of any link or item of Third Party Content on the Services does not imply our endorsement, sponsorship, or recommendation of the linked website, service, or the relevant third party, or any association with its operators.

10.3.You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any Loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Content or Third Party Services.

10.4.In respect of your use of the App, you further acknowledge and agree that:

10.4.1.these Terms are between you and us, and not with any App Store;

10.4.2.the applicable App Store is not responsible for the App or its content, and has no obligation to provide maintenance or support for the App;

10.4.3.you must comply with any usage rules set by the applicable App Store (including the Apple App Store Terms of Service or Google Play Terms of Service) in addition to these Terms;

10.4.4.the applicable App Store is a third party beneficiary of these Terms and is entitled to enforce these Terms against you; and

10.4.5.where you make a payment through the App, the Payment Processor's terms apply to that Transaction in addition to these Terms.

10.5.If there is any inconsistency between these Terms and the usage rules of the applicable App Store, the usage rules of the App Store prevail to the extent of the inconsistency.

11.Reporting concerns

11.1.If you experience or witness any conduct, content, or arrangement that you reasonably believe breaches these Terms or our Acceptable Use Policy, poses a risk to you or another Student User, or involves any unlawful conduct, you should:

11.1.1.in the case of an emergency or suspected crime, contact emergency services (911, or the relevant emergency number in your jurisdiction) immediately;

11.1.2.contact your local police or other competent authority where the circumstances warrant; and

11.1.3.report the matter to us through the in-App reporting function or at support@wolfxusa.com as soon as reasonably practicable.

11.2.We will review reports of alleged breaches of these Terms or our Acceptable Use Policy in good faith. We may request further information, liaise with relevant authorities, and take any action we consider appropriate (including suspending or terminating Accounts and removing Content).

11.3.We are not a law enforcement body. We cannot investigate or determine criminal or civil liability, and the making of a report to us does not substitute for reporting the matter to the police or another competent authority where the circumstances warrant it.

12.Privacy

12.1.We collect, use, and disclose personal information in accordance with our Privacy Policy, which is available at https://www.wolfxapp.com/usa/legal/privacy. By using the Website or the App, you consent to the collection and use of your personal information as described in our Privacy Policy.

13.Disclaimers; Limitation of Liability; Release

13.1.General Disclaimer. The Services and Content are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all representations, warranties, and conditions of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.

13.2.Specific Disclaimers. Without limiting Section 13.1, we do not warrant or represent that:

13.2.1.the Content (including user profiles, Marketplace listings, podcasts, and Carpool Match details) is accurate, complete, reliable, current, or free from errors;

13.2.2.the Services will be compatible with your device, operating system, or other software, or will be available without interruption or that any defects will be corrected;

13.2.3.the Services, or any communications or files transmitted through the Services, are free of viruses or other harmful components; or

13.2.4.any Student User, vehicle, listing, transaction, or arrangement facilitated through the Platform meets your requirements or is safe, suitable, lawful, or appropriate for you, or that any Student User is who they claim to be, holds the qualifications, driver license, or insurance they claim to hold, or has the right to sell, hire, or distribute the goods, or services they offer.

13.3.No Professional Advice. Any Content provided on the Services is for general informational purposes only and does not constitute professional advice. You should not rely on any Content as a substitute for obtaining appropriate professional advice (including legal, financial, medical, insurance, or transport advice) from a qualified practitioner.

13.4.Limitation of Liability. EXCEPT FOR LIABILITIES RELATING TO FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, (A) IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, BUSINESS OR PROFITS, OR COSTS OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, AND (B) EACH PARTY’S CUMULATIVE LIABILITY TO THE OTHER PARTY WILL NOT EXCEED the greater of (i) the total of all SUBSCRIPTION Fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim, or (ii) USD $100.

13.5.Release of Claims. YOU HEREBY EXPRESSLY RELEASE WOLFX FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR RELATED TO DISPUTES, DEALINGS, OR INTERACTIONS BETWEEN YOU AND ANY OTHER STUDENT USERS OR THIRD PARTIES.

13.6.Consumer Rights. Nothing in these Terms excludes, restricts, or modifies any right, guarantee, or remedy conferred on you by applicable consumer protection laws that cannot be excluded, restricted, or modified by agreement.

14.Modifications to these terms

14.1.We reserve the right to amend, modify, or replace these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the updated Terms on the Website or within the App. It is your responsibility to review these Terms periodically.

14.2.Where the changes are material, we will use reasonable endeavours to notify you in advance, including by posting a prominent notice on the Website, in-App notification, email, or other appropriate means. Your continued use of the Services after any changes take effect constitutes your acceptance of the revised Terms.

14.3.If you do not agree with any changes to these Terms, you must cease using the Services and may close your Account in accordance with Section 16.

15.Force majeure

15.1.We are not liable for any failure or delay in making the Services available or performing any obligation in connection with these Terms to the extent that the failure or delay is caused directly by a Force Majeure Event, provided that:

15.1.1.we use reasonable endeavours to minimize the impact of the Force Majeure Event and to resume normal service as soon as practicable; and

15.1.2.the failure or delay is not attributable to our negligence, wilful misconduct, or failure to take reasonable precautions.

15.2.If a Force Majeure Event prevents us from making the Services available for a continuous period of more than 60 days, we may discontinue the Website or the App (in whole or in part) without liability to you.

15.3.Force Majeure Event means any event or circumstance beyond our reasonable control, including:

15.3.1.acts of God, flood, earthquake, storm, cyclone, or other natural disaster;

15.3.2.epidemic, pandemic, or public health emergency declared by a government authority;

15.3.3.war, invasion, acts of terrorism, riot, or civil unrest;

15.3.4.government action, law, regulation, order, or embargo;

15.3.5.failure of third party infrastructure, including telecommunications, power networks, or cloud computing services; and

15.3.6.cyberattack, distributed denial of service attack, or other malicious interference with digital infrastructure.

15.4.For the avoidance of doubt, a Force Majeure Event does not include financial difficulty or inability to pay.

16.Termination

16.1.These Terms remain in force until terminated in accordance with this Section 16.

16.2.You may terminate these Terms at any time by:

16.2.1.closing your Account through the App or Website controls or by contacting us at support@wolfxusa.com; and

16.2.2.uninstalling the App from all of your devices.

16.3.We may terminate these Terms and your access to the Services immediately by notice to you if:

16.3.1.you breach these Terms (including our Acceptable Use Policy) in a material respect and do not remedy the breach (if capable of remedy) within 14 days of receiving notice from us;

16.3.2.we reasonably believe that your continued use of the Services poses a risk to us or to another Student User;

16.3.3.you provide false or misleading information, or fail to maintain the eligibility requirements in Section 3; or

16.3.4.we cease to operate the Services (in whole or in part).

16.4.On termination of these Terms:

16.4.1.your right to access and use the Services immediately ends;

16.4.2.you must uninstall the App from all of your devices;

16.4.3.any Subscription Fees or other amounts owed to us up to the effective date of termination remain payable, and we will not refund Subscription Fees except where required by law or where we have terminated these Terms because we have ceased to operate the Services (and not due to your breach or fault); and

16.4.4.any provisions of these Terms that by their nature should survive termination (including sections on intellectual property, liability, and governing law) will continue in force.

17.General

17.1.Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. You irrevocably submit to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, and waive any objection to venue in those courts.

17.2.Arbitration

17.2.1.Agreement to Arbitrate. Except as provided below, you and WolfX agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and WolfX, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by binding individual arbitration rather than in court. This provision is governed by the Federal Arbitration Act.

17.2.2.Informal Resolution. Before either party starts arbitration, that party must send the other a written notice describing the dispute and the requested relief. The parties will attempt in good faith to resolve the dispute for 30 days after receipt of the notice. Notices to WolfX must be sent to support@wolfxusa.com.

17.2.3.Arbitration Procedure. Arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures and, where applicable, its Consumer Arbitration Minimum Standards, in each case as modified by these Terms. The arbitration may be conducted by telephone, video conference, written submissions, or in person in the county where you live or at another mutually agreed location. The arbitrator may award the same individual remedies that a court could award under applicable law. WolfX will pay arbitration fees as required by the applicable JAMS rules or applicable law.

17.2.4.Individual Proceedings Only. You and WolfX may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general action. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim must be resolved in court, and all other claims subject to arbitration will remain in arbitration.

17.2.5.Exceptions. Either party may bring an individual claim in small-claims court if it qualifies. Either party may also seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent the unauthorized use, disclosure, or misuse of its intellectual property or confidential information.

17.2.6.Opt-Out. You may opt out of this arbitration agreement by sending written notice to support@wolfxusa.com within 30 days after first accepting these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.

17.2.7.Severability and Survival. Except as stated in Section 17.2.4, if any part of this arbitration provision is found unenforceable, the remaining parts will remain in effect. This arbitration provision survives termination of these Terms and your use of the Services.

17.3.Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.

17.4.Waiver: A failure or delay by us in exercising any right, power, or remedy under these Terms does not operate as a waiver of that right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that right or any other right, power, or remedy.

17.5.Entire Agreement: These Terms, together with our Cookie Policy, Privacy Policy, and Acceptable Use Policy, constitute the entire agreement between you and us in relation to your access to and use of the Services, and supersede all prior agreements, representations, and understandings.

17.6.Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to any third party without your consent.

17.7.Contact: WolfX USA Inc. can be contacted at support@wolfxusa.com or by writing to 8605 Santa Monica Blvd PMB 139433 West Hollywood, California 90069-4109.