These Terms of Use (“Terms”) constitute a legally binding agreement between you and PearHack Systems (“PearHack,” “we,” “us,” or “our”) governing your access to and use of (i) pearhack.com and any subdomains (the “Site”), and (ii) the PearHack Chrome extension and related software, features, and services (collectively, the “Services”). The Services are operated from the United States. By accessing or using the Services, you agree to these Terms. If you do not agree, do not access or use the Services.
1. Eligibility; Account; Security
- You must be legally capable of entering into these Terms. If you are under the age of majority, you must have a parent/guardian’s consent.
- You agree to provide accurate information and maintain the security of your credentials. You are responsible for all activity under your account.
- Account sharing is strictly prohibited. We may suspend or terminate accounts for suspected sharing or abuse.
2. Subscriptions; Billing; No Refunds
- The Services include paid subscriptions: PearHack Basic and PearHack Plus, billed monthly via Stripe. By subscribing, you authorize recurring charges until canceled.
- You may cancel at any time effective at the end of your current billing cycle. All fees are non-refundable and non-creditable under any circumstances.
- You agree not to initiate chargebacks except where legally mandated; you will first contact us at [email protected] to resolve any billing issues.
3. License; Ownership
- Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for lawful, personal, educational support purposes.
- Except for the foregoing license, we (and our licensors) retain all rights, title, and interest in and to the Services, including all intellectual property rights.
4. Acceptable Use; Academic Responsibility
- You will not: (a) copy, modify, reverse engineer, or create derivative works of the Services; (b) circumvent, disable, or interfere with security or access controls; (c) upload or transmit malware or unlawful content; (d) use the Services to violate any law, policy, or third-party terms (including school academic integrity policies); (e) resell, rent, or share access; (f) scrape, harvest, or misuse data beyond permitted use.
- Academic Responsibility: The Services are intended for study assistance and research support. You are solely responsible for compliance with your institution’s rules. PearHack does not condone, encourage, or facilitate academic dishonesty.
5. Third-Party Services; No Affiliation
The Services may reference or interoperate with third-party platforms (e.g., Stripe). PearHack is not affiliated with or endorsed by any educational provider (including Edulastic, GoGuardian, Pear Assessment). Third-party terms govern those services.
6. Availability; Modifications; Beta Features
- We do not guarantee uninterrupted or error-free operation. Outages or maintenance may occur without notice.
- We may modify or discontinue the Services, features, or pricing at any time.
- Some features may be labeled “beta,” “preview,” or “experimental” and are provided “as is,” may be unstable, and may be withdrawn without notice.
7. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEARHACK SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, DATA, OR GOODWILL; OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO PEARHACK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.
9. Indemnification
You agree to defend, indemnify, and hold harmless PearHack and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, violation of these Terms, or violation of any law or third-party right.
10. Dispute Resolution; Arbitration; Class-Action Waiver
- Informal Resolution. Before filing a claim, you will email [email protected] and attempt to resolve the dispute informally for 30 days.
- Binding Arbitration. Except for small-claims court or injunctive relief for IP/security, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, applying U.S. Federal Arbitration Act (“FAA”).
- Class-Action Waiver. Disputes will be resolved only on an individual basis; class, consolidated, or representative proceedings are not permitted.
- Opt-Out. You may opt out of arbitration by sending written notice to [email protected] within 30 days of first accepting these Terms.
11. Export; Sanctions; Government Use
You represent that you are not subject to U.S. sanctions and will not use the Services in violation of export control or sanctions laws. Government end-users: the Services are “commercial items” subject to restricted rights.
12. Termination; Suspension
We may suspend or terminate access to the Services at any time, with or without notice, for any breach or suspected misuse. Upon termination, your license ends immediately.
13. Changes to Terms
We may update these Terms by posting a revised version with a new effective date. Continued use constitutes acceptance.
14. Miscellaneous
- Governing Law. U.S. law governs, without regard to conflicts of law. Venue for any permitted court action is in the state or federal courts located in the United States.
- Severability; Waiver. If any provision is unenforceable, the remainder remains in effect. Failure to enforce is not a waiver.
- Assignment. You may not assign these Terms; we may assign without restriction.
- Force Majeure. We are not liable for delays or failures due to causes beyond our reasonable control.
- Entire Agreement. These Terms constitute the entire agreement regarding the Services and supersede all prior understandings.
15. Contact
Email: [email protected]