Terms of Service
Last updated: January 15, 2025
Acceptance of Terms
Welcome to Edulume School ("Edulume," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Edulume platform, including our website, gamified learning tools, mobile applications, and all related services (collectively, the "Platform"). By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
If you do not agree to these Terms, you must immediately cease all use of the Platform. Your continued use of any part of the Platform after the posting of revised Terms constitutes your binding acceptance of such changes. We reserve the right to modify, update, or replace any part of these Terms at our sole discretion, and it is your responsibility to review these Terms periodically for changes.
These Terms constitute a legally binding agreement between you (the "User," "you," or "your") and Edulume School, a company headquartered at 725 Harvard Dr, Owensboro, KY 42301. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" shall include that organization.
Description of Services
Edulume provides a comprehensive gamified learning platform designed to enhance educational engagement through interactive mechanisms, including but not limited to point-based reward systems, tiered level progression, digital badges and achievements, real-time leaderboards, competitive challenges, and adaptive interactive assignments.
Our services are designed for educational institutions, corporate training environments, individual learners, and organizations seeking to implement gamification strategies within their learning ecosystems. The Platform utilizes proprietary algorithms to adapt content difficulty, track learner progress, and provide personalized feedback loops that optimize knowledge retention and skill development.
2.1 Platform Features
The Platform includes, but is not limited to, the following features and services:
- Gamified course creation and management tools for educators and administrators
- Point accumulation systems with customizable reward tiers and experience tracking
- Multi-level progression frameworks that adapt to individual learner performance
- Digital badge and certificate issuance upon completion of learning milestones
- Real-time competitive leaderboards with weekly and monthly tournament cycles
- Interactive assignment engines with drag-and-drop, matching, and scenario-based assessments
- Performance analytics dashboards for learners, educators, and administrators
- Daily streak tracking with bonus multiplier systems for consistent engagement
- Collaborative challenge modes for team-based learning experiences
- API integrations for third-party learning management systems (LMS)
2.2 Service Availability
While we strive to maintain continuous availability of the Platform, we do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to scheduled maintenance, system upgrades, server outages, or circumstances beyond our reasonable control. We will make commercially reasonable efforts to notify users in advance of any planned downtime through email notifications or in-platform announcements.
We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time, with or without notice. This includes the right to add, remove, or alter features, content, pricing structures, and supported devices or browsers. Continued use of the Platform after any such modifications constitutes your acceptance of the revised services.
User Accounts and Registration
To access certain features of the Platform, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information as requested during the registration process. You further agree to maintain and promptly update your account information to keep it accurate, current, and complete throughout the duration of your use of the Platform.
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Edulume shall not be liable for any loss or damage arising from your failure to comply with these security obligations.
3.1 Account Eligibility
You must be at least 13 years of age to create an account on the Platform. If you are between the ages of 13 and 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. Users under 13 may only access the Platform through institutional accounts managed by authorized educational administrators who have obtained appropriate parental or guardian consent in compliance with the Children's Online Privacy Protection Act (COPPA) and applicable state laws.
3.2 Account Termination
We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to, violations of these Terms, engagement in fraudulent or illegal activities, extended periods of inactivity, or behavior that is harmful to other users or the integrity of the Platform. Upon termination, your right to access the Platform will immediately cease, and we may delete your account data in accordance with our data retention policies.
Intellectual Property Rights
All content, features, and functionality of the Platform — including but not limited to text, graphics, logos, icons, images, audio clips, video content, data compilations, software, and the compilation thereof — are the exclusive property of Edulume School or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Edulume name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Edulume School. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
4.1 User-Generated Content
By submitting, posting, or displaying content on or through the Platform, you grant Edulume a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the operation and promotion of the Platform. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing license.
4.2 License to Use
Subject to your compliance with these Terms, Edulume grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial educational purposes. This license does not include: (a) any resale or commercial use of the Platform or its contents; (b) any collection and use of product listings, descriptions, or prices; (c) any derivative use of the Platform or its contents; (d) any downloading or copying of account information for the benefit of a third party; or (e) any use of data mining, robots, or similar data gathering and extraction tools.
Prohibited Conduct
You agree not to engage in any of the following prohibited activities while using the Platform:
- Using the Platform for any unlawful purpose or in violation of any local, state, national, or international law or regulation
- Attempting to gain unauthorized access to any portion of the Platform, other accounts, computer systems, or networks connected to the Platform through hacking, password mining, or any other means
- Interfering with or disrupting the integrity or performance of the Platform or the data contained therein, including through the introduction of viruses, worms, Trojan horses, or other malicious code
- Engaging in any automated use of the system, such as using scripts to send messages, or using any data mining, robots, or similar data gathering and extraction methods
- Impersonating another person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
- Manipulating leaderboard rankings, point systems, or achievement metrics through fraudulent means, including but not limited to the use of bots, multiple accounts, or exploitation of Platform vulnerabilities
- Harvesting or collecting email addresses or other contact information of other users from the Platform for purposes of sending unsolicited communications
- Uploading, posting, or transmitting any content that is defamatory, obscene, pornographic, abusive, offensive, or otherwise objectionable
- Selling, reselling, or commercially exploiting any Platform content, materials, or services without our express written authorization
- Circumventing any access control, rate limiting, or content protection mechanisms implemented on the Platform
Payment and Billing
Certain features of the Platform may require payment of fees. All fees are quoted in United States Dollars (USD) unless otherwise specified. You agree to pay all fees and charges associated with your account on a timely basis and with a valid payment method. All payments are non-refundable except as expressly set forth in our Refund Policy or as required by applicable law.
We reserve the right to change our pricing at any time. If we change pricing for a service to which you are subscribed, we will provide you with at least 30 days' advance notice of such price change. Your continued use of the service after the price change goes into effect constitutes your agreement to the new price.
You are responsible for all applicable taxes associated with your use of the Platform, except for taxes based on Edulume's net income. If any payment is not received by Edulume by the due date, Edulume reserves the right to suspend or terminate your access to the Platform and pursue any available legal remedies.
Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, EDULUME DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Edulume does not warrant that the Platform will be uninterrupted, timely, secure, or error-free, that the information provided through the Platform is accurate, reliable, or complete, or that any defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by you from Edulume or through the Platform shall create any warranty not expressly stated herein.
Edulume does not guarantee any specific educational outcomes, test scores, grade improvements, or career advancements resulting from the use of the Platform. The effectiveness of gamified learning methodologies may vary based on individual factors, including but not limited to learner motivation, prior knowledge, and external learning environments.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDULUME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM.
IN NO EVENT SHALL EDULUME'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO EDULUME IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT EDULUME HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Indemnification
You agree to defend, indemnify, and hold harmless Edulume School, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Platform, your violation of any third-party rights, or any content you submit or transmit through the Platform.
This indemnification obligation will survive the termination of these Terms and your use of the Platform. Edulume reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Edulume in asserting any available defenses.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or your use of the Platform shall be brought exclusively in the state or federal courts located in Daviess County, Kentucky, and you hereby consent to the personal jurisdiction and venue of such courts.
Before filing any claim or lawsuit, you agree to first attempt to resolve the dispute informally by contacting us at support@edulumeschool.com. If the dispute is not resolved within 30 days of the initial contact, either party may proceed with formal legal proceedings. Any dispute that cannot be resolved through informal negotiation shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
YOU AND EDULUME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Third-Party Links and Services
The Platform may contain links to third-party websites, applications, or services that are not owned or controlled by Edulume. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Edulume shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your interactions with third-party service providers found on or through the Platform, including payment for and delivery of products and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party providers.
Miscellaneous Provisions
12.1 Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Edulume regarding the use of the Platform and supersede all prior agreements, communications, and understandings, whether written or oral, between you and Edulume.
12.2 Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.
12.3 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Edulume's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Edulume's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Edulume may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
12.5 Force Majeure
Edulume shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay arises from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, war, terrorism, civil unrest, government actions, power outages, internet outages, or failures of third-party service providers.