Terms of Service

Welcome to Twice Exceptional Academy

These are Twice Exceptional Academy’s Terms of Service, and they apply to all of our users. By using our platform you agree to these terms. “We,” “our,” and “us” refer to Twice Exceptional Academy and the services offered by us, including our websites: adhdteacher.com, adhdteacher.org, and watchtolearn.org, and our YouTube channel. Please read these terms carefully and let us know if you have any questions. For information about our data practices, our Privacy Policy is incorporated into these Terms by reference.

Your account

When you create an account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account or otherwise use our services, you must be at least 18 years old and you must also be able to consent to the processing of your personal data in your country. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.

Inappropriate Conduct

Inappropriate conduct is thankfully not the norm. To prevent inappropriate conduct, you are responsible for all activity on your account. Be sure to not do anything that is illegal, abusive towards others, that abuses Twice Exceptional Academy, or that exploits us or others in an unintended manner that is detrimental to us or others, such as posting abusive comments on our YouTube channel or making abusive comments about us or our community members on other platforms. These terms and our policies cover most issues, but, if you find a new way to hurt us or others in our community, we have rights to take legal action. You understand that you are restricted from utilizing our intellectual property, unless you have written permission to use it. You may wish to license our intellectual property for a specific purpose, and we openly welcome these inquires. To contact us, click on the Contact Us button on this website. We work hard to try and achieve a win-win solution on all intellectual property requests.

Payments

Where supported and applicable, our payment processor, Stripe, automatically converts the prices of offerings into a customer’s local currency based on a currency conversion rate that is determined by Stripe. You can learn more here. Also, where supported and subject to your controls as applicable, we may automatically increase the prices of offerings to customers to account for the fees imposed by the platforms (like the App Store) on which the associated purchases were made in a manner that may be determined at our sole discretion. We typically handle payments issues such as fraud, chargebacks, and resolution of payments disputes, though, for purchases made through certain platforms (like the App Store), the associated platforms may handle these payments issues.

Tax

In order to satisfy our tax obligations, we collect tax identification information and, in certain circumstances, report this information and earnings to tax authorities as legally required.

We are additionally responsible for a number of transactional taxes across the world. These include, but are not limited to, Valued Added Tax (“VAT”), Goods and Services Tax (“GST”) and other local service or sales taxes in non-US locations (collectively referred to as “VAT”), as well as state sales tax in the United States when applicable.

In locales where we are required to collect tax, invoices presented to and payments processed will include the applicable tax. Applicable tax will be charged in addition to the price of a relevant transaction, and we will remit directly to the applicable taxing authority. You agree that you will provide us with any information and documents for accurate tax determination and compliance, where and as we request or as otherwise required. As tax is largely dependent on your location, you agree to keep your location complete and up to date in order to enable accurate collection of taxes.

If you pay in a currency that is different from the currency associated with your payment instrument, then the financial institution associated with that payment instrument may charge you a foreign transaction fee for that payment. We are not applying this fee and have no control over it, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee.

Even if you pay in the same currency as the currency associated with your payment instrument, when your payment is processed in a country different from the one associated with your payment instrument, then the financial institution associated with that payment instrument may charge you a foreign transaction fee for that payment. We are not applying this fee, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee, but our choices about payment processing may impact or otherwise give rise to this fee.

License Grant, Not Transfer of Ownership

All of our products are offered at very low prices, and are therefore licensed for personal or internal educational use only. We do not sell ownership of our products, which are all delivered electronically with no physical shipping. Subject to your compliance with these Terms of Service and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, access, and use the digital products you purchase solely for your own personal internal use, as applicable. This license grants you permission to use the digital product. It does not transfer ownership of the product or any intellectual property rights. You may not re-sell the license or earn any revenue from re-selling our products. All digital products, including but not limited to educational materials, videos, text, graphics, templates, worksheets, downloads, designs, and other content made available through this website, remain the exclusive property of Twice Exceptional Academy and its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. No ownership rights are transferred to you through the purchase or download of any digital product.

Single User License

Unless otherwise stated, each purchase grants a license for use by one individual only. The license may not be shared among multiple users, organizations, classrooms, or businesses without purchasing an appropriate multi-user or enterprise license.

Specific Restrictions

Unless expressly authorized in writing by Twice Exceptional Academy you may not:

Copy, reproduce, or distribute the digital products to any third party.

Sell, resell, sublicense, lease, rent, assign, or transfer the products or your license.

Share downloaded files, login credentials, or access links with others.

Upload the products to public websites, cloud-sharing services, peer-to-peer networks, or file-sharing platforms.

You may not use our products, whether in whole or in part, to train, fine-tune, develop, evaluate, benchmark, or improve any artificial intelligence, machine learning model, or large language model without our prior written consent.

Modify, reverse engineer, decompile, or create derivative works from the products where prohibited by law.

Remove or alter copyright notices, trademarks, watermarks, or other proprietary markings.

Use the products in any manner that infringes Twice Exceptional Academy's intellectual property rights or applicable law.

Unauthorized Use

Any use of the digital products outside the scope of this license constitutes a material breach of these Terms of Service and may result in immediate termination of your license without refund, suspension or termination of your account, and any other legal remedies available under applicable law. In most situations, we will work with customers to resolve any potential policy violations and allow the customer to continue using our products.

Reservation of Rights

Twice Exceptional Academy reserves all rights not expressly granted under these Terms of Service. No license or right is granted by implication, waiver, estoppel, or otherwise.

Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, internet outages, labor disputes, government action, cyberattacks, or failures of third-party providers.

Warranty Disclaimer and Limitation of Liability

Educational Purposes Only

Our digital products are provided solely for educational and informational purposes. While we strive to provide accurate, useful, and up-to-date information, we do not guarantee that any product will produce any particular educational, academic, professional, financial, or personal outcome. While our products are designed to support learning and skill development, we do not guarantee that any user will achieve specific educational outcomes, reading levels, test scores, academic performance, or learning milestones. Individual results may vary depending on numerous factors beyond our control, including the user's abilities, prior knowledge, effort, learning environment, and optimal implementation of the materials.

Not Professional Advice

The information contained in our products is not intended to constitute psychological, educational, financial, legal, medical, or other professional advice. You are responsible for determining whether the products are appropriate for your particular circumstances and for obtaining professional advice on your own where appropriate.

No Medical or Therapeutic Claims

Our products are educational resources only. They are not intended to diagnose, treat, cure, or prevent any medical, psychological, psychiatric, developmental, or learning disorder. Parents, educators, and caregivers should consult qualified professionals regarding concerns about a child's health, diagnosis, or educational needs.

Disclaimer of Warranties

To the fullest extent permitted by applicable law, all products, services, downloads, and website content are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

We expressly disclaim all implied warranties, including but not limited to:

Merchantability;

Fitness for a particular purpose;

Title;

Non-infringement;

Accuracy, completeness, or reliability of information;

Continuous, uninterrupted, secure, or error-free operation of the website or digital products.

We do not warrant that our products will meet your expectations or that any errors will be corrected.

Compatibility

You are responsible for ensuring that your device, operating system, software, internet connection, and other technical requirements are compatible with our digital products before making a purchase.

Limitation of Liability

To the fullest extent permitted by applicable law, Twice Exceptional Academy, its owners, employees, contractors, affiliates, licensors, and agents shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your use of, inability to use, or reliance upon our website, products, or services.

This limitation includes, without limitation, damages for lost profits, lost revenue, lost business opportunities, loss of goodwill, loss of data, interruption of business, educational outcomes, or any other intangible losses, even if we have been advised of the possibility of such damages.

Our total cumulative liability for any claim arising out of or relating to these Terms, our website, or any digital product shall not exceed the amount you paid for the specific product giving rise to the claim.

User Responsibility

You acknowledge that you are solely responsible for how you use our products and for any decisions or actions you take.

Consumer Rights

Nothing in these Terms of Service excludes or limits any rights or remedies that cannot be excluded or limited under applicable law. If applicable law does not permit certain warranty disclaimers or limitations of liability, those provisions shall apply only to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless Twice Exceptional Academy, its owners, officers, directors, employees, contractors, affiliates, licensors, successors, assigns, and agents from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

Your use or misuse of the website, digital products, or services;

Your violation of these Terms of Service;

Your violation of any applicable law, regulation, or the rights of any third party;

Any unauthorized copying, sharing, distribution, resale, sublicensing, or other misuse of our digital products by you or by anyone using your account or access credentials;

Any content, information, or materials you submit, upload, transmit, or otherwise provide through the website;

Your negligent, fraudulent, or intentionally wrongful conduct.

Twice Exceptional Academy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with Twice Exceptional Academy in asserting any available defenses. Your indemnification obligations survive the termination of your account, your license to use the products, and these Terms of Service.

Unauthorized Distribution

If you reproduce, distribute, publicly share, upload, sell, sublicense, or otherwise make our digital products available to third parties in violation of these Terms, you agree to indemnify and hold Twice Exceptional Academy harmless from any resulting claims, damages, costs, losses, or expenses arising from such unauthorized distribution, including the reasonable costs of enforcing Twice Exceptional Academy's intellectual property rights.

Refund Policy & License to Use Digital Products

Products and licenses sold by Twice Exceptional Academy are digital products and licenses, delivered electronically. Due to the nature of digital content, products and licenses cannot be returned once they have been downloaded, accessed, or delivered. Accordingly, all sales are final, and we do not offer refunds, exchanges, or credits for digital products and licenses except as expressly provided below or where required by applicable law. By completing your purchase, you acknowledge that immediate access to digital content begins upon delivery and, except where required by law, your purchase is non-refundable.

We may, at our sole discretion, issue a refund in limited circumstances, including:

You were charged more than once for the same product or license.

You did not receive access to the purchased product due to a technical issue that we are unable to resolve within a reasonable period of time.

A refund is otherwise required under applicable law.

Requests based on dissatisfaction, a change of mind, accidental purchase, lack of use, incompatibility with software or hardware not listed in the product requirements, or failure to read the product description before purchase generally do not qualify for a refund.

Fraud Prevention

To help prevent abuse of our refund policy, we reserve the right to deny refund requests where there is evidence of misuse, repeated refund requests, unauthorized sharing of downloaded content, or other conduct that suggests abuse of our digital products or purchasing system.

Contact Us

If you experience a technical problem accessing your purchase, please contact us. We will make reasonable efforts to resolve the issue.

Accessibility Statement

We are committed to making our website accessible. If you encounter accessibility barriers, please contact us so we can improve your experience.

Copyright Policy and Digital Millennium Copyright Act (DMCA)

Twice Exceptional Academy respects the intellectual property rights of others and expects users of this website to do the same. If you believe that material available on this website infringes your copyright, please submit the details of your belief by contacting us. Please also contact us if you see potential violations within our Terms of Service.

We welcome your feedback on our products, including any early-access, beta, or features, and your help in identifying any problems. You agree that any suggestions, comments, ideas, or suggested improvements that you provide to us will be fully owned by us so that we can use them to improve our products and thereby better help the community of parents who are passionate about helping their children achieve a love of learning.

Dispute Resolution

We encourage you to contact us if you have an issue. Before initiating any legal proceeding, arbitration, or other formal dispute resolution process, you agree to first contact Twice Exceptional Academy in writing and provide a detailed description of the dispute. Both parties agree to make a good-faith effort to resolve the dispute informally within thirty (30) days after written notice is received.

Binding Arbitration

Except for disputes that may be brought in small claims court or claims seeking injunctive or equitable relief relating to intellectual property rights, any dispute, claim, or controversy arising out of or relating to these Terms of Service, your use of the website, or any products or services provided by Twice Exceptional Academy shall be resolved exclusively through final and binding arbitration rather than in court.

The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

Intellectual Property

Nothing in these Terms prevents Twice Exceptional Academy from seeking temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

Class Action Waiver

To the fullest extent permitted by applicable law, you and Twice Exceptional Academy agree that any dispute shall be resolved solely on an individual basis. You waive any right to participate in a class action, collective action, representative action, private attorney general action, or consolidated proceeding against Twice Exceptional Academy. The arbitrator or court shall have no authority to consolidate claims or preside over any class or representative proceeding.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Venue

If any dispute is determined not to be subject to arbitration, the parties agree that exclusive jurisdiction and venue shall lie in the state or federal courts located in Kern County, California, and each party consents to the personal jurisdiction of those courts.

Time Limitation

To the fullest extent permitted by law, any claim arising out of or relating to these Terms or Twice Exceptional Academy's products or services must be commenced within one (1) year after the claim arises, or such claim shall be permanently barred.

Entire Agreement

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified to make it enforceable, then it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, then it does not waive the ability to enforce any rights in the future. 

Changes to Terms

We reserve the right to modify these Terms of Service at any time. Updated versions become effective upon posting to this website. Continued use of the website after changes constitutes acceptance of the revised Terms.