Terms of Service

1. Introduction

   
   Welcome to Band9prep Education, Inc. ("Band9prep," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, educational platform, and IELTS preparation services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. Services

   
   Band9prep provides a comprehensive IELTS preparation platform that includes practice tests, study materials, progress tracking, personalized study plans, educational content, and related services. We offer both free resources and paid premium subscriptions with enhanced features and content.

3. User Accounts

   
   To access certain features of our Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed. You must be at least 16 years old to create an account.

4. Educational Content and User Data

   
   You are solely responsible for any content you submit, including practice test responses, essays, speaking recordings, and other educational materials ("User Content"). By using our Services, you grant Band9prep a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, analyze, and process your User Content for educational purposes, service improvement, and to provide personalized feedback and recommendations. We may use anonymized data for research and analytics to improve our educational methods.

5. Intellectual Property

   
   Our Services and their original content, educational materials, practice tests, study guides, and functionality are owned by Band9prep and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of our software. You are granted a limited, non-exclusive license to use our educational materials for personal IELTS preparation only.

6. User Conduct

   
   You agree not to use our Services to:
   a. Submit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
   b. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
   c. Share your account credentials or allow others to access your account;
   d. Engage in any activity that interferes with or disrupts our Services or the servers and networks connected to our Services;
   e. Attempt to gain unauthorized access to any portion of our Services or any other accounts, computer systems, or networks connected to our Services;
   f. Use automated tools to access our Services or scrape our content;
   g. Redistribute or resell our educational materials without permission.

7. Subscription and Payment Terms

   
   Paid subscriptions automatically renew until cancelled. You'll be charged in advance for each subscription period. Subscription fees are non-refundable except as outlined in our Refund Policy. You may cancel your subscription at any time, with cancellation taking effect at the end of your current billing period. We reserve the right to change subscription prices with reasonable notice.

8. Educational Disclaimer

   
   Our Services are designed to help prepare for IELTS exams, but we do not guarantee specific test scores or results. IELTS preparation success depends on many factors including individual effort, study time, and English proficiency level. Our materials are supplementary educational resources and do not replace official IELTS preparation materials or professional instruction when needed.

9. Privacy and Data Protection

   
   Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms, to understand our practices regarding the collection, use, and disclosure of personal and educational information. We use your data to provide personalized learning experiences and improve our educational services.

10. Termination

    
    We may terminate or suspend your access to our Services at any time, with or without cause or notice, at our sole discretion, including for violation of these Terms or non-payment of subscription fees. Upon termination, your right to use our Services will immediately cease, though you may retain access to downloaded materials according to our licensing terms.

11. Disclaimer of Warranties

    
    Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy of educational content, and non-infringement. We do not warrant that our Services will be uninterrupted, error-free, or meet your specific educational needs.

12. Limitation of Liability

    
    To the fullest extent permitted by law, Band9prep shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, test scores, or other intangible losses. Our total liability shall not exceed the amount you paid for our Services in the twelve months preceding the claim.

13. Indemnification

    
    You agree to defend, indemnify, and hold harmless Band9prep and its affiliates, officers, agents, and employees from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to our Services, your violation of these Terms, or your infringement of any rights of third parties.

14. Governing Law and Jurisdiction

    
    These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Dover, Delaware, and you consent to personal jurisdiction and venue in such courts.

15. Changes to These Terms

    
    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

16. Additional Provisions

    
    a. Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force.
    b. Entire Agreement: These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Band9prep.
    c. Assignment: You may not assign these Terms without our written consent. We may assign these Terms at any time.
    d. Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

17. Contact Us

    
    If you have any questions about these Terms, please contact us at support@band9prep.com or visit https://band9prep.com/contact.
    Band9prep Education, Inc.
    Email: support@band9prep.com
    Website: https://band9prep.com

By using Band9prep's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. We are committed to providing high-quality IELTS preparation resources and maintaining a fair and supportive learning environment for all users.

Terms of Service for Band9prep Education, Inc.

Last updated: January 2024