Terms of Service

Welcome to Sloop Learning (the "App"). These Terms of Service ("Terms") govern your access to and use of our ACT study application. By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. Acceptance of Terms

By creating an account or using the App, you affirm that you are at least 13 years of age and have the legal capacity to enter into these Terms. If you are under 18, you represent that you have obtained parental or guardian consent to use the App.

2. Educational Tool Disclaimer

Sloop Learning is a study tool designed to help users prepare for the ACT exam. However, you acknowledge and agree to the following:

• NO GUARANTEE OF RESULTS: We make absolutely no guarantee, promise, or warranty regarding your actual ACT test score, score improvement, college admissions outcomes, or any other educational results. Your results depend entirely on your own efforts, abilities, and circumstances beyond our control.
• SCORE ESTIMATES ARE APPROXIMATIONS ONLY: Any score predictions, estimates, or projections provided by the App are rough approximations based on your practice performance and statistical models. These estimates are NOT accurate predictions of your actual ACT score and should NOT be relied upon for any purpose. Your actual test score may be significantly higher or lower than any estimate provided.
• NOT AFFILIATED WITH ACT, INC.: Sloop Learning is not affiliated with, endorsed by, or connected to ACT, Inc. or any official testing organization. We are an independent study tool.
• CONTENT ACCURACY: While we strive for accuracy in our practice questions and educational content, we do not guarantee that all content is error-free, complete, or current. You are responsible for verifying information through official ACT resources.
• SUPPLEMENTARY TOOL ONLY: The App is intended as a supplementary study tool and should not be your sole method of test preparation. We recommend using multiple study resources and official ACT materials.
• YOUR SOLE RESPONSIBILITY: You are solely responsible for your test preparation, test-taking, and all decisions related to your education and college applications. We provide tools only; outcomes are entirely your responsibility.

3. Account Registration

To access the App, you must create an account and purchase a subscription. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

4. Subscription and Payment

4.1 Paid Subscription Required

Access to Sloop Learning requires a paid subscription. Subscription fees are billed in advance on a recurring basis (monthly, annually, or as otherwise specified in your selected plan). By subscribing, you authorize us to charge your payment method for all applicable fees.

4.2 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for renewal fees. It is your responsibility to cancel if you do not wish to continue.

4.3 No Refunds

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period. You will not be entitled to any refund of fees paid.

4.5 Price Changes

We reserve the right to modify subscription pricing at any time. We will provide at least 30 days' notice of price changes for existing subscriptions. Continued use of the App after a price change constitutes acceptance of the new pricing.

4.6 Payment Processing

Payments are processed by third-party payment processors. We are not responsible for any errors, delays, or issues with payment processing. Any payment disputes must be resolved with the payment processor.

5. License and Access

5.1 Limited License

Subject to these Terms and your payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App for your personal, non-commercial use in preparing for the ACT exam.

5.2 Restrictions

You agree NOT to:

• Copy, modify, distribute, or create derivative works of the App or its content
• Reverse engineer, decompile, or disassemble the App
• Share your account credentials or allow others to access your account
• Use the App for any commercial purpose or resell access to the App
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use automated systems, bots, or scrapers to access the App
• Reproduce, republish, or redistribute any practice questions, content, or materials from the App
• Interfere with or disrupt the App's functionality, security, or servers

6. Content and Intellectual Property

6.1 Our Content

All content in the App, including but not limited to text, graphics, logos, practice questions, study materials, algorithms, score estimation models, software, and other materials ("Content"), is owned by us or our licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. You acquire no ownership rights in any Content. Any unauthorized use of our Content is strictly prohibited and may result in civil and criminal penalties.

6.2 User Content

You retain ownership of any notes, responses, or other content you create in the App ("User Content"). By using the App, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable license to use, store, reproduce, modify, and process your User Content to provide, improve, and market the App.

7. Prohibited Conduct

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Infringe on others' intellectual property, privacy, or other rights
• Harass, threaten, defame, or harm other users or us
• Upload viruses, malware, or any harmful code
• Attempt to gain unauthorized access to the App, our systems, or other users' accounts
• Engage in any activity that disrupts, damages, or interferes with the App or our services
• Use the App in any manner that could damage our reputation or business

8. Disclaimer of Warranties

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE
• WARRANTIES REGARDING THE QUALITY OR EFFECTIVENESS OF THE APP FOR TEST PREPARATION
• WARRANTIES THAT SCORE ESTIMATES WILL BE ACCURATE OR PREDICTIVE OF ACTUAL TEST PERFORMANCE
• ANY WARRANTIES REGARDING EDUCATIONAL OUTCOMES, TEST SCORES, OR COLLEGE ADMISSIONS RESULTS

WE MAKE NO REPRESENTATION OR WARRANTY THAT USE OF THE APP WILL IMPROVE YOUR ACT SCORE OR LEAD TO ANY SPECIFIC EDUCATIONAL OUTCOME. YOUR USE OF THE APP IS AT YOUR SOLE RISK.

9. Limitation of Liability

IN NO EVENT SHALL SLOOP LEARNING, VINCENT SPILLANE, OR ANY AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• LOSS OF GOODWILL OR REPUTATION
• COST OF SUBSTITUTE SERVICES
• TEST SCORES LOWER THAN EXPECTED OR ESTIMATED
• FAILURE TO ACHIEVE DESIRED TEST SCORES OR EDUCATIONAL OUTCOMES
• COLLEGE ADMISSIONS DECISIONS OR SCHOLARSHIP DENIALS
• EMOTIONAL DISTRESS OR MENTAL ANGUISH
• ANY OTHER INTANGIBLE LOSSES

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ANY CLAIM BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless Sloop Learning, Vincent Spillane, and any affiliates, contractors, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to: (a) your use or misuse of the App; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property, privacy, or other proprietary rights; (d) any content you submit or transmit through the App; (e) your reliance on score estimates or any other information from the App; or (f) any harm or damage caused by your actions or omissions. This indemnification obligation will survive termination of these Terms and your use of the App.

11. Release of Claims

To the fullest extent permitted by law, you release and forever discharge Sloop Learning, Vincent Spillane, and all affiliates from any and all claims, demands, damages, and liabilities of any kind arising from or related to your use of the App, including but not limited to claims related to: (a) inaccurate score estimates; (b) test performance; (c) educational outcomes; (d) college admissions decisions; (e) content accuracy or completeness; (f) technical issues or service interruptions; or (g) any other matter related to the App or its use.

12. Termination

We reserve the right to suspend, terminate, or restrict your access to the App at any time, for any reason or no reason, with or without notice, including but not limited to violation of these Terms, non-payment, fraudulent activity, or any conduct we deem inappropriate or harmful. Upon termination, your license to use the App immediately ceases, and you must stop all use of the App. You will not be entitled to any refund of fees paid. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to disclaimers, limitations of liability, indemnification, and dispute resolution provisions. You may terminate your account by canceling your subscription, but no refunds will be provided.

13. Dispute Resolution and Arbitration

13.1 Governing Law

These Terms and any disputes arising from or related to them or the App shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law principles.

13.2 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the App, including the validity, interpretation, or enforceability of these Terms or this arbitration provision, shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as modified by these Terms. The arbitration shall be conducted by a single arbitrator in [Your State/County]. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

You and we agree that any arbitration shall be limited to the dispute between you and us individually. TO THE FULLEST EXTENT PERMITTED BY LAW:

• YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY
• YOU AND WE AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY CONSOLIDATED PROCEEDING
• CLAIMS MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING

You have the right to opt out of this arbitration provision by sending written notice to slooplearning@gmail.com within thirty (30) days of first accepting these Terms.

13.3 Small Claims Court

Notwithstanding the arbitration provision, either party may bring an individual action in small claims court for disputes within that court's jurisdiction, provided the action remains in small claims court and is brought only on an individual basis.

13.4 Informal Resolution

Before initiating arbitration or a small claims court action, you agree to first contact us at slooplearning@gmail.com to attempt to resolve the dispute informally. We will make good faith efforts to resolve disputes amicably.

14. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. We will provide notice of material changes by posting the updated Terms in the App with a new effective date or by sending you an email notification. Your continued use of the App after such changes become effective constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the App and cancel your subscription (no refunds will be provided).

15. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements, understandings, and communications, whether written or oral.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the maximum extent permitted by law.

Waiver: Our failure to enforce any provision of these Terms or to exercise any right shall not constitute a waiver of such provision or right. No waiver shall be effective unless made in writing and signed by us.

Assignment: You may not assign, transfer, or delegate these Terms or your rights and obligations without our prior written consent. We may freely assign or transfer these Terms without restriction. Any attempted assignment in violation of this provision is void.

Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, wars, terrorism, labor disputes, governmental actions, or technical failures.

Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.

16. Contact Information