Terms of Service
Last updated: January 1, 2026
The BetterCampus, Inc. ("BetterCampus") website, browser extension, and its applications are a hosted service operated by BetterCampus, Inc. (the "Service"). Any use of the Service is subject to these Terms of Service ("Terms"), as well as the BetterCampus Privacy Policy, Community Guidelines, and Honor Code, all of which are incorporated by reference. Your use of the Service constitutes your acceptance of these Terms.
Platform Independence and Non-Affiliation
- Independent third-party service. BetterCampus is an independent, third-party productivity service for students.
- No affiliation: We are not affiliated with, endorsed by, sponsored by, or partnered with Instructure (including Canvas), D2L (including Brightspace), Blackboard, Moodle, Google Classroom, or any other learning management system or school platform (each, an "LMS"). LMS names and logos are the property of their respective owners.
- Browser overlay: The Service operates as an overlay and enhancement within your browser. BetterCampus does not host, operate, or control any LMS servers, databases, or backend systems.
- Compatibility risk: LMS providers may change, restrict, or block access to their platforms, APIs, or interfaces at any time. BetterCampus does not guarantee continued compatibility with any LMS.
- UI breakage: You acknowledge that LMS updates may cause visual bugs, misaligned elements, broken features, or other issues in the Service. BetterCampus is not obligated to fix any such issues within any specific timeframe.
- Third-party services: The Service may interoperate with third-party websites, platforms, APIs, or content ("Third-Party Services"). Third-Party Services are governed by their own terms and policies. BetterCampus does not control and is not responsible for their availability, accuracy, or changes.
- Supported browsers: The Service includes browser extensions that operate locally within your web browser, including extensions available for Google Chrome, Mozilla Firefox, Microsoft Edge, and Apple Safari.
Authority to access LMS
- Limited agency for LMS access. By using the Service features that access or read from your LMS account (including Activity Analytics and importing coursework), you expressly authorize BetterCampus to act as your limited agent and attorney-in-fact solely for the purpose of accessing the LMS on your behalf, retrieving and using information you have authorized, and performing the actions described in these Terms as if you were personally performing them.
User agent operation (not a bot)
- Your browser, your session, your actions. The Service operates as a user agent that runs locally within your web browser and uses your authenticated browser session to access and display information you are permitted to see.
Requests to an LMS are made from your device, through your browser, using your session and permissions, and generally occur when you take an action (for example clicking, opening a page, selecting a feature, or choosing to refresh).
Some features may streamline or automate steps within your browser session at your direction (for example, formatting pages, organizing dashboards, or retrieving data you request), but the Service is not intended to function as an independent, headless, or server-run "bot" that accesses an LMS without your involvement.
The Service does not bypass authentication, access controls, or technical restrictions imposed by an LMS. You are responsible for using the Service in a manner consistent with your school's policies and the LMS provider's terms.
You acknowledge and agree that:
- When BetterCampus accesses and retrieves information from an LMS, BetterCampus is acting as your agent, and not as the agent of or on behalf of the LMS provider.
- Access generally occurs through your authenticated browser session or other user-authorized method. You should never share your LMS password with us. BetterCampus does not require, request, or want your LMS password, and you are responsible for any consequences if you share credentials with anyone.
- You are responsible for ensuring you are authorized to access the LMS and to use the Service with that LMS, and for complying with your school's policies and the LMS provider's terms.
You are responsible for:
- Maintaining lawful access to Third-Party Services
- Complying with school policies and third-party terms
- Ensuring you do not access, copy, or share content without authorization
You acknowledge that you are choosing to use the Service with an LMS or other Third-Party Service, and you assume the risk that your school or an LMS provider may restrict, suspend, or terminate your access based on their policies or terms. BetterCampus is not responsible for any action taken by a school, LMS provider, or other Third-Party Service against you.
Data, Privacy, and Opt-In Features
How we handle data and consent. Our collection and use of personal information and other data are described in our Privacy Policy, which is incorporated by reference.
Local-first LMS analytics and sharing modes
LMS analytics are collected local-first. In all cases, LMS analytics are first collected and stored locally in your browser/device by default. Whether anything is sent to BetterCampus depends on the mode below.
- Non-account mode (default): LMS analytics are stored locally and are not sent to BetterCampus. We do not ask for identifiers like your name, email, or date of birth in this mode. We may still process limited technical information (for example IP address and security logs) strictly necessary to deliver and secure the Service.
- Account mode (default, aggregated insights): If you create an account, LMS analytics remain stored locally by default and may be sent to BetterCampus only in de-identified, aggregated form to power product insights and school-level reporting. You can opt out where we provide controls.
- Individual Insights (optional, off by default): Certain individual-level analytics features (for example an Insights dashboard) require a separate, explicit opt-in. If you opt in, LMS analytics may be transmitted to BetterCampus and linked to your account to generate individual insights. You can withdraw this opt-in at any time, which stops new collection for that feature going forward.
Product analytics and diagnostics
We may collect in-product usage, diagnostics, and performance data to operate and improve the Service (for example, feature usage signals and error logs). Where available, you can opt out of non-essential analytics. In certain jurisdictions (including the EEA/UK), we may request consent before enabling non-essential analytics that rely on local storage, cookies, or similar technologies.
School-provided access
If your school, district, or institution provides access to the Service under a separate agreement with BetterCampus, additional terms and data handling arrangements may apply to the institution (for example, a data processing addendum). Your personal use of the Service remains subject to these Terms and the Privacy Policy.
1. Eligibility and Age Requirements
Who may use the Service. Use of the Service is void where prohibited.
Age requirements for accounts
- United States: You must be at least 13 years old to create an account.
- EEA / Switzerland / United Kingdom (and similar jurisdictions): You must meet the applicable minimum age of digital consent in your jurisdiction (which may be 13, 14, 15, or 16 depending on where you are located).
Users below the applicable age may be permitted to use limited, non-account features where allowed by law.
Age gating information
To support eligibility checks and legal compliance, we may collect and store your date of birth when you create an account, as described in our Privacy Policy.
Non-account users
If you are not eligible to create an account (for example, because you are below the applicable age threshold), or if you otherwise choose not to create an account, you may still be able to use certain limited, non-account features. In that mode, we do not ask you to create an account and we do not intentionally request identifiers like your name, email address, or date of birth.
Your representations
By using the Service, you represent and warrant that:
- You meet applicable age requirements
- Information you provide is accurate and current
- Your use of the Service complies with applicable law, school policies, and third-party terms
2. Your BetterCampus Account
Account responsibility. If you create an account, you are responsible for maintaining the security of your account and for all activity that occurs under it.
Individual use only
- Accounts are for individual use only and may not be shared.
- You must keep your login credentials confidential.
Security notice
You must notify BetterCampus immediately of any unauthorized use or security breach.
Our management rights
BetterCampus may:
- Set storage or usage limits
- Suspend or terminate accounts for violations
- Modify features, promotional content, or availability at any time
Suspension and termination
We can suspend or terminate access. We may suspend or terminate your account or access to all or part of the Service at any time if we believe you have violated these Terms, the Honor Code, the Community Guidelines, applicable law, school policies, or third-party terms.
Effect of termination
What happens if your account is closed. Upon termination:
- Your license to use the Service ends immediately
- We may remove or restrict access to your Content and account data
- We may retain and use information as described in our Privacy Policy and to comply with legal obligations
Data storage and backups
BetterCampus is not a recordkeeping or backup service. We do not guarantee that any Content, settings, or account data will be available indefinitely. We may delete, remove, or limit storage of Content or data (including inactive accounts) as part of operating the Service or complying with law. You are responsible for keeping your own backups of anything you want to retain. To the fullest extent permitted by law, BetterCampus is not liable for any loss or corruption of Content or data.
3. Subscriptions
Paid plans and billing. BetterCampus may offer subscription plans that provide enhanced features ("Subscriptions").
Purchase options
- Recurring Subscription: Renews automatically until you cancel.
- Pre-paid access: Ends automatically at the end of the pre-paid period.
Free trial (7 days) and auto-renewal
If we offer a free trial, it may require a valid payment method. For our standard consumer trial, the trial period is 7 days and requires a credit card.
- When you start a trial, you authorize BetterCampus (through our payment processor) to charge the applicable subscription price and any applicable taxes at the end of the trial unless you cancel before the trial ends.
- If you do not cancel before the trial ends, your subscription will automatically convert to a paid, recurring subscription and renew automatically until you cancel.
Payment processing and taxes
- Payments are processed by Stripe or another designated payment processor.
- By purchasing a Subscription (including starting a trial that converts to a paid plan), you authorize recurring charges until you cancel.
- Prices may exclude applicable taxes, which may be collected based on your location.
Cancellation
- You may cancel at any time through your account settings or other cancellation controls we provide.
- To avoid renewal charges, cancel before the end of your trial or at least one day before your renewal date.
- Cancellation stops future renewals. Unless required by law, cancellation does not provide a refund for the current billing period.
Refund policy
Except where required by law, all payments are non-refundable.
No refunds for LMS loss of compatibility or third-party restrictions
Subscriptions are for access to BetterCampus features, not for guaranteed compatibility with any LMS or Third-Party Service. Except where required by law, you are not entitled to a refund or credit due to loss of compatibility, UI breakage, third-party blocking or rate limiting, school network restrictions, account restrictions imposed by an LMS or school, or any other issue arising from changes or actions by an LMS, school, or Third-Party Service.
EU/UK users (right of withdrawal)
You may have a statutory right to withdraw from a purchase within 14 days (the "cooling-off" period). Where applicable, you can lose this right if you expressly consent to immediate access to the Service and acknowledge that you lose your right of withdrawal once the Service begins or has been fully performed. If you withdraw after requesting immediate access where permitted by law, we may charge a pro-rated amount for the period you used the Service.
Price changes
We may change Subscription pricing with advance notice, effective at the next renewal.
Failed payments
If a payment is not successfully settled, we may suspend or downgrade access to paid features until payment is received.
Chargebacks and payment disputes
If you initiate a chargeback, reverse a payment, or otherwise dispute a charge, we may suspend or terminate access to paid features while the issue is reviewed. Where permitted by law, we may also take reasonable steps to recover amounts owed.
App stores and marketplaces
If you purchase a subscription through a third-party marketplace (for example the Apple App Store, Google Play, or a browser extension marketplace that supports purchases), that marketplace's billing terms, cancellation flows, and refund rules control, and you must manage your subscription through that marketplace. BetterCampus is not responsible for actions taken by third-party marketplaces.
4. Paid Features and Third-Party Offers
What subscriptions include. Subscriptions provide access to BetterCampus software features only.
What is not included
Subscriptions do not include:
- Licensed textbooks
- Official course materials
- Third-party curriculum
Unless expressly stated.
Third-party deals and affiliate offers
The Service may display third-party discounts, deals, or offers. Some links may be affiliate links, meaning BetterCampus may earn a commission.
- Third-party products and services are governed by their own terms and policies.
- BetterCampus does not endorse or control third-party products or services.
School and institutional programs
Separate school terms may apply. If your school, district, or institution provides you access to the Service through a license or other agreement (a "School Partnership"), that institution may have separate terms with BetterCampus.
- Consumer use vs. School Partnership. If you use the Service as an individual consumer, these Terms apply.
- Controller and processor roles. In a School Partnership, the institution typically acts as the data controller and BetterCampus acts as a data processor or service provider for the institution, as described in the applicable contract and any data processing addendum (DPA).
- What schools can see. Student-level access and reporting depend on the School Partnership terms and the settings and opt-ins you enable. Unless clearly disclosed in-product or required by the School Partnership, we do not provide student-level data to schools before a School Partnership is in place.
- Linking to a school identity. If a School Partnership offers account linking (for example via SSO or LTI), linking may allow the institution to access certain data as defined by the contract, the DPA, your settings, and applicable law. You may have choices about linking and optional analytics, as described in our Privacy Policy.
App stores and browser extension marketplaces
Third-party store terms apply. If you download the browser extension or app through a third-party marketplace (for example, the Chrome Web Store, Firefox Add-ons, Microsoft Edge Add-ons, or the Apple App Store), your use may also be subject to that marketplace's terms, policies, and refund rules. BetterCampus is not responsible for the marketplace's actions or policies.
5. Responsibility of Contributors
Your content, your responsibility. If you create, upload, or share content on the Service ("Content"), you are solely responsible for that Content and any resulting harm to BetterCampus or others.
Public library and UGC
The Service may allow publication of user-generated content such as themes or study sets to a public library.
Academic integrity restrictions
You may not upload restricted academic materials, including:
- Exams, quizzes, or tests (active or locked)
- Answer keys for graded work
- Instructor-only or restricted materials
- Copyrighted materials without authorization
Moderation
BetterCampus may remove content or suspend accounts that violate these Terms, the Honor Code, or applicable law.
6. Academic Integrity and Prohibited Content
Learning support only, not cheating. The Service is designed to support learning, not to facilitate cheating. You agree not to use the Service to violate the academic integrity policies of your school or institution.
Strictly prohibited
- Uploading or sharing restricted course materials (for example exams, answer keys, or a professor's unpublished notes)
- Using the Service to bypass LMS security features (for example proctoring tools or timed-access restrictions)
Consequences
Violation of this section or our separate Honor Code may result in immediate account termination and a permanent ban. We reserve the right to report serious academic dishonesty to your institution where required by law or where necessary to address safety or security concerns.
7. Prohibited Activities
How you may not use the Service. You may not use the Service in a way that is unlawful, harmful, or inconsistent with school policies or third-party terms. This includes, without limitation:
- Reverse engineering, decompiling, or attempting to derive source code from the Service
- Scraping, crawling, or harvesting data from the Service (including the public library) to build a competing product, to train competing models, or to otherwise republish the Service's content at scale
- Using automated scripts, bots, or other non-human means to access the Service in a manner that bypasses normal user interaction, to create accounts, to post Content, or to overwhelm the Service, without our prior written permission
- Using the Service to send an excessive volume of requests to an LMS or other Third-Party Service (for example automated data fetching, rapid refresh loops, or other behavior that strains their systems or triggers rate limits, IP bans, or account restrictions)
- Interfering with or disrupting the Service or its infrastructure, including attempts to bypass security or usage limits
- Impersonating others, misusing accounts, or accessing accounts without authorization
- Using the Service for commercial exploitation except as expressly permitted by BetterCampus
We may monitor for and investigate suspected violations and may suspend or terminate access as described in these Terms.
8. Content Representations and Warranties
You must own or have rights to what you upload. By submitting, uploading, publishing, or sharing any Content (including themes, images, study sets, text, or other materials), you represent and warrant that:
- You own the Content or have all necessary rights, licenses, permissions, and consents to use and share it
- The Content does not infringe or misappropriate any copyright, trademark, trade secret, privacy, publicity, or other rights of any third party
- The Content complies with applicable law, school policies, and any applicable licenses or usage restrictions
- The Content does not include restricted academic materials or confidential information you are not authorized to share
You agree that BetterCampus may rely on these representations and is not responsible for verifying ownership or permissions.
9. License to the Service and User-Generated Content
Ownership of the Service
The Service, including all software, designs, user interfaces, logos, trademarks, and all related intellectual property rights, are owned by BetterCampus or its licensors. Except for the limited license granted below, these Terms do not grant you any right, title, or interest in or to the Service.
License grant
Subject to your compliance with these Terms, BetterCampus grants you a limited, non-exclusive, revocable license to use the Service for personal, non-commercial, educational purposes.
By posting Content, you grant BetterCampus a worldwide, royalty-free, sublicensable license to host, display, distribute, and promote that Content solely in connection with operating and improving the Service. You retain ownership of your Content.
Feedback
If you provide BetterCampus with any feedback, suggestions, bug reports, or enhancement requests ("Feedback"), you grant BetterCampus a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, and transferable license to use, reproduce, modify, create derivative works of, distribute, and otherwise exploit such Feedback for any purpose, without any obligation or compensation to you.
10. Embeddable Components
Embedded features. If BetterCampus provides embeddable components or widgets, you may not modify, disable, or remove required functionality or attribution.
11. Responsibility of Service Users
No endorsement of content
BetterCampus does not review all content and does not endorse user-generated material. You are responsible for protecting your systems and for evaluating content you access through the Service.
No academic, professional, or automated decision advice
The Service is provided for informational, productivity, and learning-support purposes only. BetterCampus does not provide academic, legal, financial, or other professional advice, and does not guarantee any outcome, including improved grades, successful submissions, or academic standing.
- LMS is the source of truth. Your LMS and your school are the authoritative sources for grades, deadlines, submissions, and course status. You should always verify important information directly in your LMS.
- AI and automated features. Any AI-powered outputs, insights, predictions, or recommendations may be inaccurate, incomplete, or outdated and are provided "as is." You are responsible for your decisions and for complying with your school's requirements and policies.
12. Content Posted on Other Websites
Third-party links. BetterCampus is not responsible for content on third-party websites or for your use of those sites.
13. Copyright Infringement and DMCA Policy
Reporting copyright issues. BetterCampus respects intellectual property rights and responds to valid notices of alleged infringement in accordance with our DMCA Policy.
Notices and counter-notices
Our DMCA Policy describes how to submit a takedown notice and how a user may submit a counter-notice. Where appropriate and required by law, we may remove or disable access to material and, upon receipt of a valid counter-notice, restore material unless the complaining party notifies us that it has filed an action seeking a court order.
Repeat infringers
Repeated infringers may have their access terminated.
14. Trademarks
Ownership of marks. BetterCampus trademarks may not be used without permission. Third-party trademarks remain the property of their respective owners.
15. Changes to the Service and Terms
Updates, discontinuation, and modifications. BetterCampus may modify, update, suspend, or discontinue the Service (in whole or in part) at any time.
No service level commitment; maintenance; beta features
- No SLA. We do not provide any service level agreement or guarantee of uptime, availability, or uninterrupted access.
- Maintenance and updates. We may perform maintenance, deploy updates, or make changes that affect availability, performance, or functionality.
- Beta and experimental features. Some features may be labeled beta, experimental, preview, or similar. These features may be changed, limited, or removed at any time, and are provided as-is.
Operational protections
We may implement measures to protect the Service, our users, and third parties, including monitoring, throttling, rate limiting, restricting features, or limiting access where we believe it is reasonably necessary to prevent abuse, reduce security risk, or avoid excessive load on an LMS or other Third-Party Service.
Changes to features
We may add, remove, or change features, functionality, and availability (including paid features) without liability to you. We are not obligated to maintain compatibility with any LMS or Third-Party Service.
Loss of compatibility and LMS restrictions
LMS changes are outside our control. You acknowledge that LMS providers and schools may change their code, interfaces, policies, security controls, rate limits, or access rules in ways that break or degrade the Service (including scrapers, import tools, or analytics features). LMS providers or schools may also block, throttle, restrict, or suspend access from certain networks, devices, or accounts.
BetterCampus is not responsible for any resulting downtime, loss of functionality, or loss of data, and we are not obligated to restore compatibility within any specific timeframe. Except where required by law, loss of compatibility or LMS restrictions are not grounds for refunds, credits, or service-level commitments.
Changes to these Terms
We may update these Terms from time to time. If changes are material, we may provide notice within the Service or by other reasonable means. Continued use of the Service after the effective date of updated Terms constitutes acceptance.
16. Disclaimer of Warranties
SERVICE PROVIDED AS-IS. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" TO THE FULLEST EXTENT PERMITTED BY LAW. BETTERCAMPUS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU USE THE SERVICE AT YOUR OWN RISK.
17. Limitation of Liability
LIMITS ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTERCAMPUS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF BETTERCAMPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS INCLUDES, WITHOUT LIMITING, ANY LIABILITY FOR MISSED ASSIGNMENT DEADLINES, FAILED OR INCOMPLETE SUBMISSIONS, LMS OR SCHOOL ACCESS RESTRICTIONS, INCORRECT GRADES, ACADEMIC PROBATION, DISCIPLINARY ACTION, COURSE FAILURE, LOSS OF CREDIT, LOSS OF SCHOLARSHIPS OR FINANCIAL AID, LOSS OF ENROLLMENT STATUS, OR OTHER ACADEMIC OR ADMINISTRATIVE OUTCOMES RESULTING FROM SERVICE DOWNTIME, INCOMPATIBILITY WITH YOUR LMS, VISUAL OR UI BREAKAGE (INCLUDING A HIDDEN OR MISPLACED BUTTON), THIRD-PARTY CHANGES, OR USER ERROR.
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTERCAMPUS WILL NOT BE LIABLE FOR ANY TUITION, EDUCATIONAL FEES, HOUSING COSTS, TRAVEL COSTS, LOST WAGES, OPPORTUNITY COSTS, OR OTHER EDUCATION-RELATED EXPENSES OR DAMAGES, EVEN IF YOU CLAIM SUCH COSTS RESULTED FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICE.
TO THE EXTENT PERMITTED BY LAW, BETTERCAMPUS'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) $100 USD OR (B) THE AMOUNTS PAID BY YOU TO BETTERCAMPUS FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR IMPLIED RIGHTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18. Dispute Resolution and Arbitration
How disputes are resolved. Most disputes must be resolved through individual binding arbitration, subject to exceptions required by law.
CLASS ACTION WAIVER. YOU AND BETTERCAMPUS 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.
Informal dispute resolution
Before starting arbitration or a court action (where permitted), you and BetterCampus agree to try to resolve the dispute informally for at least 30 days. You may notify us of a dispute by using the support channel listed on our website or within the Service and clearly describing the issue and the relief you are requesting.
Arbitration
Except for disputes that qualify for small claims court or that are otherwise exempt under applicable law, you and BetterCampus agree that disputes arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration on an individual basis.
Arbitration opt-out
If you are a new user, you may opt out of arbitration by sending a written notice within 30 days of first accepting these Terms. Your notice must include your name, the email address associated with your account (if any), and a clear statement that you want to opt out of arbitration.
Send opt-out notices to:
BetterCampus, Inc.
220 East 22nd St
New York City, New York 10010
or by email to privacy@bettercampus.com with the subject line "Arbitration Opt-Out."
- Arbitration provider and rules: For users in the United States, arbitration will be administered by the American Arbitration Association (AAA) under its applicable consumer arbitration rules, as modified by these Terms.
- Remote hearings: Arbitration hearings may be conducted by videoconference unless the arbitrator determines an in-person hearing is necessary.
- Location (if in-person): If an in-person hearing is required, it will take place in Wilmington, Delaware, unless the arbitrator determines another location is required by applicable law.
- Authority: The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.
Small claims court
Either party may bring an individual action in small claims court if the claim qualifies and remains individual.
Severability of arbitration and class action waiver
If any portion of this arbitration agreement is found to be invalid or unenforceable, the remainder will remain in effect, except as stated below.
POISON PILL. IF THE CLASS ACTION WAIVER ABOVE IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRE ARBITRATION AGREEMENT IS VOID, AND ANY DISPUTE WILL BE RESOLVED IN COURT (SUBJECT TO SECTION 20, VENUE), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
Exceptions
This arbitration agreement does not prevent either party from seeking relief in court for claims relating to intellectual property infringement or misappropriation (including copyright, trademark, patent, or trade secrets), or for other claims that cannot be arbitrated as a matter of law.
Legal limitations
If you reside outside the United States, or if the laws of your country of residence do not allow arbitration or the class action waiver to apply, then those provisions will apply only to the extent permitted by applicable law.
19. Governing Law
Which law applies. BetterCampus is a Delaware corporation with headquarters in New York City, New York. These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law principles.
20. Venue
Where disputes are heard. Where arbitration does not apply or is not permitted by law, disputes will be heard in the state or federal courts located in the State of Delaware (including the Court of Chancery of the State of Delaware or the United States District Court for the District of Delaware), unless otherwise required by applicable law.
You hereby irrevocably consent to the exclusive personal jurisdiction and venue of such courts for all such disputes.
21. General Representations and Warranties
Compliance with law. You represent that your use of the Service complies with these Terms, applicable laws, and incorporated policies.
22. Indemnification
Protecting BetterCampus. You agree to defend, indemnify, and hold harmless BetterCampus, and its officers, directors, employees, contractors, and agents, from and against any claims, demands, actions, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service, including your use of (or interactions with) any LMS or Third-Party Service
- Your Content, including any allegation that your Content infringes, misappropriates, or violates a third party's rights
- Your violation of these Terms, the Honor Code, the Community Guidelines, applicable law, school policies, or third-party terms
- Any academic dishonesty or academic integrity violations involving your use of the Service (including uploading or sharing restricted materials, using the Service to bypass proctoring or timed restrictions, or otherwise facilitating cheating)
- Any claims brought by a school, instructor, publisher, LMS provider, or other Third-Party Service arising from your unauthorized use of such platforms, breach of their terms, or misuse of their content or systems
BetterCampus may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with that defense.
23. Miscellaneous
Additional terms
These Terms constitute the entire agreement between you and BetterCampus regarding the Service.
Electronic communications
You consent to electronic communications. By using the Service or creating an account, you consent to receive communications from BetterCampus electronically, including transactional, operational, product-related, and service announcements (for example account notices, security alerts, billing messages, product updates, and feature notifications).
Where permitted by law, we may also send you promotional or marketing emails. You can opt out of marketing emails at any time by using the unsubscribe link in those messages or by adjusting your communication preferences. Opting out of marketing emails will not affect your receipt of transactional, service, or security-related communications.
Force majeure
We are not responsible for events outside our control. BetterCampus is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including internet outages, third-party service interruptions, LMS or Third-Party API deprecation, interface changes or access restrictions, labor disputes, natural disasters, acts of government, or security incidents.
Export and sanctions
You will comply with trade controls. You may not use the Service if you are located in a jurisdiction subject to comprehensive U.S. sanctions or if you are otherwise prohibited from receiving the Service under applicable export control or sanctions laws.
Security reporting
Report security issues responsibly. If you believe you have found a security vulnerability, please report it to BetterCampus through the support channel listed on our website or within the Service. Please do not publicly disclose the issue until we have had a reasonable opportunity to investigate and remediate.
Contact
How to reach us. You can contact BetterCampus support via the support channel listed on our website or within the Service.
Legal notices. To the extent a written notice is required under these Terms, you may send it to:
BetterCampus, Inc.
220 East 22nd St
New York City, New York 10010
You may also send notices by email to privacy@bettercampus.com with the subject line "Legal Notice."
24. Severability
If part is invalid. If any provision is unenforceable, the remaining provisions remain in effect.
25. Non-Waiver of Rights
No waiver. Failure to enforce a provision is not a waiver of future enforcement.
26. Assignment
Transfer of rights. You may not assign these Terms without consent. BetterCampus may assign them freely.
27. Survival of Terms
What survives. Provisions that by their nature should survive termination will do so.