Terms and Conditions

These Terms and Conditions (the “Terms”) govern your access to and use of the websites, applications, content, courses, lessons, quizzes, flashcards, practice examinations, gamified features, parent and instructor dashboards, AI tutoring assistant, and all related products and services (together, the “Service”) made available at smashmysubjects.com and any associated domains and subdomains, including those operating under the “Smash My Subjects” brand.

The Service is owned and operated by SmashMy Digital Collective LLC, a limited liability company organized under the laws of the State of Wyoming of the United States of America (the “Company,” “we,” “us,” or “our”).

By accessing or using the Service, you (“you,” “your,” or “user”) agree to be bound by these Terms, by our Privacy Policy, Cookie Policy, Refund Policy, and Acceptable Use rules, and by any additional terms presented to you within the Service, all of which are incorporated into these Terms by reference. If you do not agree to all of these Terms, you must not access or use the Service.

In these Terms, the following words have the following meanings:

• “Company Parties” means the Company together with its members, managers, officers, directors, employees, agents, independent contractors, consultants, investors, equity holders, licensors, suppliers, service providers, parent and subsidiary entities, and affiliates, and the successors and assigns of each of them.
• “Parent Account” means an account registered to a parent, legal guardian, or other responsible adult that may be linked to one or more Student accounts.
• “Student” means a registered user who accesses learning content, including secondary school students, private candidates, and adult learners.
• “Content” means all lessons, text, graphics, learning cards, images, audio, video, questions, answer keys, mark schemes, practice papers, flashcard sets, curricula, instructional designs, methodologies, software, source code, prompts, data, and other materials made available through the Service.
• “Subscription” means the recurring paid plan you select (for example, Future Scholar, Academic Scholar, or Valedictorian), as described and priced within the Service from time to time.
• “AI Tutor” means the artificial intelligence tutoring assistant made available within the Service, which relies on one or more third-party AI providers.

3.1 Adults and account holders

To register an account in your own name and enter into these Terms, you must be at least eighteen (18) years of age and able to form a legally binding contract. By registering, you represent and warrant that you meet these requirements.

3.2 Minors

The Service is intended for use by secondary school students and other learners, some of whom are minors. A user who is under eighteen (18) may use the Service only with the involvement, supervision, and consent of a parent or legal guardian who has accepted these Terms on the minor's behalf and who agrees to be responsible for the minor's use of the Service and for all charges incurred.

3.3 Children under 13 (Verifiable Parental Consent)

Where a Student is under the age of thirteen (13), a parent or legal guardian must create and control the account, and must provide verifiable parental consent to the collection, use, and disclosure of the child's information as described in our Privacy Policy, consistent with the United States Children's Online Privacy Protection Act (“COPPA”) and any other applicable child-protection laws. The parent or guardian may review the child's information, refuse further collection or use, and request deletion, by contacting us using the details in Section 33.

3.4 Authority to bind a minor

If you accept these Terms on behalf of a Student who is a minor, you represent and warrant that you are the parent or legal guardian of that Student, that you have full authority to bind the Student to these Terms, and that you accept these Terms (including the dispute resolution, arbitration, class action waiver, release, and limitation of liability provisions) both for yourself and on behalf of the Student.

To access most features you must register for an account. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for safeguarding your login credentials and for all activity that occurs under your account, whether or not authorized by you. You must notify us immediately of any unauthorized use or suspected breach of security.

Accounts are personal to the registered user. You may not share, sell, transfer, or sublicense your account or login credentials, allow multiple individuals to use a single account, or use another person's account without permission. We may refuse, suspend, or cancel any registration, reclaim any username, and limit the number of accounts in our sole discretion.

The Service provides online learning tools, including interactive lessons, gamified study features, graphic learning cards, quizzes, flashcards, digitized practice examinations, progress tracking, reports, parent and instructor dashboards, and an AI tutoring assistant. Subject offerings currently focus on secondary-level Caribbean curricula and may be expanded over time to include additional subjects and levels, including advanced-level offerings such as CAPE subjects, and other educational programs at our discretion.

We may add, change, suspend, limit, or discontinue any part of the Service, including any subject, feature, plan, or piece of Content, at any time and without liability to you, except as expressly stated in our Refund Policy or as required by law. We do not guarantee that any particular subject, feature, or Content will be available at any given time or will remain available.

6.1 Study aid only

The Service is a supplementary study and revision aid. It is not a school, is not accredited, does not confer any certificate, diploma, or qualification, and is not a substitute for attendance at school, instruction by a qualified teacher, official syllabus materials, or registration with any examination body.

6.2 No guarantee of outcomes

Academic results depend on many factors outside our control, including each Student's effort, ability, prior knowledge, attendance, and examination conditions. We make no representation, warranty, or guarantee of any kind that use of the Service will result in any particular grade, score, pass, placement, improvement, or examination outcome. Any statistics, averages, testimonials, or success stories presented within the Service reflect individual experiences and are not promises or guarantees of results for any other user.

6.3 Independence from examination councils

The Company and the Service are independent. We are not owned by, affiliated with, authorized by, sponsored by, licensed by, or endorsed by the Caribbean Examinations Council (CXC®) or any other examination, accreditation, or governmental body. CXC® and CSEC® (and any other third-party marks) are the registered trademarks of their respective owners; any reference to them within the Service is for descriptive and educational purposes only and does not imply any association. All study materials are independently created and are not official examination materials.

The AI Tutor generates responses using one or more third-party artificial intelligence providers. To deliver responses, your questions, the relevant subject, and limited conversation history may be transmitted to and processed by those third-party providers, as further described in our Privacy Policy.

You acknowledge and agree that:

• the AI Tutor is an automated tool that can produce information that is inaccurate, incomplete, outdated, or otherwise wrong, and may not reflect current syllabi or examination requirements;
• responses from the AI Tutor are provided for general educational support only, are not professional, academic, legal, medical, financial, or other expert advice, and must be independently verified with a qualified teacher, textbook, or other authoritative source before being relied upon;
• you must not submit sensitive personal information (such as passwords, identification numbers, financial details, or health information) to the AI Tutor; and
• we are not responsible or liable for any action taken, answer submitted, grade received, or decision made in reliance on AI Tutor output, and your use of the AI Tutor is entirely at your own risk.

8.1 Subscriptions

Certain features require a paid Subscription. Subscription plans, features, billing periods, and prices are described within the Service and may change as described in Section 9. By purchasing a Subscription, you authorize us and our payment processor to charge your chosen payment method for the applicable fees.

8.2 Free trial and automatic conversion to a paid Subscription

8.3 Recurring billing and authorization

Subscriptions are billed in advance on a recurring basis (for example, monthly) according to the billing cycle you select. You authorize the Company and its payment processor to charge your payment method automatically at the beginning of each billing period for the then-current fee and any applicable taxes, without further notice or authorization, until you cancel in accordance with Section 10. You are responsible for keeping your payment information current. If a charge fails, we may retry the charge, suspend or downgrade your access, and pursue amounts owed.

8.4 Payment processing

Payments are processed by third-party payment processors (for example, Stripe). We do not collect or store full payment card numbers on our systems. Your use of a payment processor is subject to that processor's own terms and privacy policy, and you agree that the Company is not responsible or liable for the acts, omissions, errors, fees, or security of any payment processor.

We may change Subscription prices, plan structures, and promotional offers at any time. Any price change will apply to billing periods that begin after the change takes effect. Where required by law, we will provide advance notice of a material price increase and, where required, obtain your consent before it applies. If you do not agree to a price change, your sole remedy is to cancel before the change takes effect.

All fees are stated in United States Dollars unless otherwise indicated and are exclusive of taxes. You are responsible for all applicable taxes, duties, levies, currency-conversion charges, and bank or card fees associated with your payments, other than taxes based on the Company's net income.

You may cancel your Subscription at any time through your account dashboard or by contacting us using the details in Section 33, using the same simple, ongoing mechanism by which you enrolled. Cancellation stops future renewals. Unless required by law or expressly stated in our Refund Policy, cancellation takes effect at the end of the current billing period, your access continues until then, and fees already charged are non-refundable. Except where a refund is required by applicable law or by our Refund Policy, all payments are final and non-refundable, and we do not provide refunds or credits for partial billing periods, unused time, or features not used.

You agree to use the Service only for lawful, personal, non-commercial educational purposes and in accordance with these Terms. You must not, and must not permit or assist any third party to:

• copy, reproduce, download (other than as expressly enabled for ordinary personal study), record, screen-capture in bulk, republish, distribute, broadcast, sell, rent, lease, sublicense, or otherwise commercially exploit any part of the Service or Content;
• share, resell, or provide access to your account or to the Content with or to any other person, including by sharing credentials or recordings;
• use any robot, spider, scraper, crawler, automated script, or data-mining or extraction tool to access, monitor, harvest, or copy any part of the Service or Content;
• use the Service or Content to train, fine-tune, develop, or improve any machine learning model, large language model, dataset, or other artificial intelligence system;
• reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, underlying methods, architecture, prompts, algorithms, or ideas of the Service;
• use the Service or Content to build, develop, or operate any product or service that competes with the Company, or for any commercial tutoring, classroom, institutional, or redistribution purpose without our prior written license;
• circumvent, disable, or interfere with any security, access-control, usage-limit, geographic, or technical measure, or probe, scan, or test the vulnerability of any system or network;
• remove, obscure, or alter any copyright, trademark, confidentiality, or other proprietary notice;
• upload or transmit any virus, malware, or harmful code, or take any action that imposes an unreasonable load on our infrastructure or disrupts the Service;
• submit content that is unlawful, infringing, defamatory, obscene, harassing, hateful, or that violates the rights or privacy of any person, or impersonate any person or misrepresent your affiliation; or
• use the Service in violation of any applicable law, regulation, or third-party right.

We may investigate and take any action we consider appropriate for any actual or suspected violation, including removing content, suspending or terminating accounts, and reporting to and cooperating with law enforcement, without liability to you.

12.1 Ownership

The Service and all Content, and all intellectual property rights in them, including copyrights, trademarks, service marks, trade names, trade dress, patents, database rights, and trade secrets, are and remain the exclusive property of the Company and its licensors. This includes, without limitation, all lessons and lesson designs, the structure and sequencing of curricula, the selection, arrangement, and compilation of questions, answer keys, mark schemes, practice papers, flashcard sets, and learning cards, all software and source code, all user-interface and visual design, all AI Tutor prompts, instructions, configurations, and workflows, and all instructional methodologies and know-how. The Company name, the Smash My Subjects name and logo, and all related names, marks, and slogans are trademarks of the Company or the licensed intellectual property of a third party or another company. Nothing in these Terms transfers any ownership or grants any right except the limited license below.

12.2 Limited license to you

Subject to your full compliance with these Terms and payment of all applicable fees, the Company grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and Content solely for your own personal, non-commercial educational use during the period of your active Subscription or trial. This license ends automatically when your Subscription or access ends or when these Terms terminate.

12.3 Reservation of rights

All rights not expressly granted to you are reserved by the Company and its licensors. No right or license is granted by implication, estoppel, or otherwise. Any use of the Service or Content not expressly permitted by these Terms is a breach of these Terms and may violate intellectual property and other laws.

You acknowledge that the Service and Content embody valuable confidential information and trade secrets of the Company and its licensors, including the Company's instructional methodologies, lesson and assessment designs, question and answer banks, AI Tutor prompts and configurations, software architecture, pricing strategies, business processes, and the selection, structure, and arrangement of the foregoing (together, the “Proprietary Materials”). The Company derives independent economic value from the Proprietary Materials not being generally known, and takes reasonable measures to keep them secret, including these Terms.

You agree that you will not disclose, publish, distribute, or otherwise make available to any third party any non-public Proprietary Materials, and that you will not use the Proprietary Materials except as expressly permitted by the limited license in Section 12. You agree not to attempt to discover, document, replicate, or disclose the underlying methods, design, prompts, or architecture of the Service. These obligations are in addition to, and do not limit, any rights or remedies available to the Company under applicable trade secret, copyright, contract, or other law. You acknowledge that a breach of this Section may cause irreparable harm for which monetary damages would be inadequate, and that the Company is entitled to seek injunctive and equitable relief, without the need to post a bond, in addition to any other remedy.

If you submit, post, or transmit any content through the Service (for example, questions to the AI Tutor, profile information, or messages), you grant the Company a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to host, store, use, reproduce, modify, create derivative works from, and display that content as necessary to operate, provide, secure, and improve the Service, and as permitted by our Privacy Policy. You represent that you have all rights necessary to grant this license and that your content does not violate these Terms or any law.

If you send us any suggestions, ideas, or feedback about the Service (“Feedback”), you assign to the Company all rights in that Feedback and agree that we may use it for any purpose, without restriction, attribution, or compensation to you.

The Service relies on and may link to third-party products, services, and websites, including hosting, payment processing, email delivery, analytics, error monitoring, and AI providers. We do not control and are not responsible for any third-party service or website, its content, its availability, its security, or its terms and privacy practices. Your dealings with any third party are solely between you and that third party, and the Company is not a party to and is not responsible or liable for any such dealings. Reference to or links to a third party do not constitute endorsement.

The Service allows a Parent Account to be linked to one or more Student accounts, after which the Parent Account holder may view the linked Student's activity, progress, scores, reports, and AI Tutor history. If you are a Parent Account holder, you are responsible for the linked Student's use of the Service and for all charges, you consent to the processing of the Student's information as described in our Privacy Policy, and you agree to supervise the Student's use. If you are a Student, you acknowledge that a linked parent or guardian may access information about your use of the Service. We are not responsible for the relationship between any Parent Account and Student or for any use a linked account holder makes of information available to them.

Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read the Privacy Policy. Where you provide information about another person (for example, a parent registering a child), you confirm that you are authorized to do so.

By creating an account or using the Service, you consent to receive communications from us electronically, including by email and through the Service, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. We may send service and transactional messages (such as billing notices, security alerts, and trial and renewal reminders) that you cannot opt out of while you hold an account. You may opt out of non-essential marketing messages using the unsubscribe mechanism provided.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum scope and duration permitted by applicable law.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including, where applicable, liability for fraud, for gross negligence or willful misconduct, or for death or personal injury caused by negligence. In such cases, the Company Parties' liability is limited to the maximum extent permitted by law.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, actions, investigations, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your access to or use of the Service or Content; (b) your breach or alleged breach of these Terms or any incorporated policy; (c) your violation of any law or of any right of any third party, including intellectual property and privacy rights; (d) any content you submit; (e) the use of the Service by any Student linked to your account; and (f) your negligence or willful misconduct. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us. You may not settle any matter affecting the Company Parties without our prior written consent.

To the maximum extent permitted by applicable law, you release and forever discharge the Company Parties from any and all claims, demands, damages, and liabilities of every kind, known or unknown, arising out of or relating to disputes between you and any third party (including any other user, any parent or Student, or any third-party provider) in connection with the Service. Where applicable, you expressly waive the protections of any law that would otherwise limit a release to claims that you know or suspect to exist at the time of the release.

You acknowledge that you use the Service voluntarily and at your own risk; that the Service is a supplementary study aid and not a guarantee of any result; that the AI Tutor and other Content may contain errors and must be independently verified; and that you are solely responsible for your own academic decisions, examination preparation, and reliance on any Content. You assume all risks associated with your use of the Service to the maximum extent permitted by law.

We may suspend, restrict, or terminate your access to the Service, in whole or in part, at any time and for any reason, including any actual or suspected breach of these Terms, with or without notice, and without liability to you. You may stop using the Service and cancel your Subscription at any time as described in Section 10. On termination, your license under Section 12 ends immediately and you must cease all use of the Service and Content. Provisions that by their nature should survive termination will survive, including Sections 12 to 14 and 19 to 33.

We may modify these Terms at any time. When we make material changes, we will update the “Last Updated” date and, where required, provide additional notice (such as by email or an in-Service notice). Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your Subscription. We may also change, suspend, or discontinue any part of the Service as described in Section 5.

26.1 Informal resolution first

Before starting any arbitration or proceeding, you agree to first contact us using the details in Section 33 and provide a written description of the dispute and the relief you seek, and to negotiate in good faith for at least sixty (60) days. This requirement does not prevent either party from seeking emergency injunctive relief to protect intellectual property or confidential information.

26.2 Binding arbitration

Except for the matters carved out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including their existence, validity, interpretation, breach, or termination, that is not resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable consumer arbitration rules then in effect. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be conducted in the English language, and judgment on the award may be entered in any court of competent jurisdiction.

26.3 Class action and jury trial waiver

To the maximum extent permitted by law, you and the Company agree that each 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, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. You and the Company waive any right to a trial by jury. If this class action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request will be severed and heard in a court of competent jurisdiction, while all other claims proceed in arbitration.

26.4 Exceptions

Either party may bring an individual claim in a small-claims court with jurisdiction, and either party may seek injunctive or equitable relief in court to protect its intellectual property, confidential information, or trade secrets. Nothing in this Section requires arbitration of any claim that applicable law prohibits from being arbitrated.

26.5 Right to opt out of arbitration

You may opt out of the arbitration and class action waiver provisions of this Section by sending written notice of your decision to opt out, including your name and account email, to us using the details in Section 33 within thirty (30) days after you first accept these Terms. If you opt out, disputes will be resolved in the courts identified in Section 27. Opting out of arbitration does not affect any other provision of these Terms.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Wyoming of the United States of America, without regard to its conflict-of-laws principles, and, with respect to arbitration, by the Federal Arbitration Act. Subject to the arbitration provisions in Section 26, you and the Company agree to the exclusive jurisdiction of, and venue in, the state and federal courts located in Wyoming, and you waive any objection to such jurisdiction or venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the Service must be commenced within one (1) year after the claim or cause of action arises; otherwise, it is permanently barred.

The Company Parties will not be liable for any delay or failure to perform resulting from causes beyond their reasonable control, including acts of God, natural disasters, severe weather, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental action, power or internet failures, and failures of hosting, payment, telecommunications, or other third-party providers.

The Company operates from the United States. The Service may be accessed from various countries, and you are responsible for compliance with all local laws applicable to your use. You represent that you are not located in, and are not a national or resident of, any country or on any list that would make your use of the Service unlawful under applicable export-control or sanctions laws, and that you will not use the Service in violation of such laws.

The Company Parties (including the Company's members, managers, officers, directors, employees, agents, contractors, investors, equity holders, licensors, suppliers, and affiliates) are intended third-party beneficiaries of the disclaimers, limitations of liability, release, indemnification, and dispute resolution provisions of these Terms, and may enforce those provisions directly. Except as stated in this Section, these Terms do not create any third-party beneficiary rights.

Entire Agreement. These Terms, together with the policies incorporated by reference, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings on the subject.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later. Any waiver must be in writing and signed by an authorized representative of the Company.

Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets, without restriction or notice.

Relationship. No agency, partnership, joint venture, or employment relationship is created by these Terms.

Headings. Headings are for convenience only and do not affect interpretation.

Survival. Provisions that by their nature should survive termination will survive.

Notices. We may provide notices to you electronically as described in Section 18. You must provide notices to us using the contact details in Section 33.

If you have questions about these Terms, or need to send a notice, please contact: