Terms & Conditions

Parties: This Agreement is between Publication Academy, Inc. (DBA HigherEd+), a Delaware corporation (referred to as “Company,” “we,” “us,” or “our”), and you, the user of the Platform. If you are using the Platform on behalf of a university (the “Institution”), then “you” includes both the Institution and you as an authorized individual user.

Authorized Use

WriteSTREAK is provided exclusively to institutions such as (but not limited to) universities on a business-to-business (B2B) basis. Only Institutions that have arranged for access to the Platform (through a license, subscription, or other agreement with the Company) and individuals authorized by those Institutions (such as administrative staff, students, and faculty members) may use the Platform. By using the Platform, you represent that you are either (a) an authorized representative or employee of a participating Institution, or (b) an individual (such as a student or faculty member) who has been granted access by a participating Institution.

Institutional Registration

Users are strongly encouraged to register for the Platform using their official institutional e-mail addresses. This helps verify your affiliation with an authorized Institution and ensures proper administration of your account. We reserve the right to require e-mail domain verification or other proof of affiliation at any time.

Domain-Based Registration Controls

At our discretion, we may limit new account registrations to approved e-mail domains for certain communities or partner groups. If a domain-based restriction applies to the e-mail address you attempt to register with, you will be notified at sign-up and will not be able to complete registration with that address.

Age Requirement

You must be at least 13 years of age to use the Platform. If the laws of your country require a higher minimum age for your lawful use of online services, you must meet that age requirement. By using the Platform, you affirm that you are old enough to form a binding contract and, if you are under the age of majority (typically 18 years old), that you have any necessary consent from a parent or guardian. The Platform is not intended for children under 13, and no one under 13 may create an account or use the services.

Educational Use

The Platform is to be used solely for educational and administrative purposes in connection with your Institution’s professional development programming. You agree not to use WriteSTREAK for any personal, commercial (outside of the authorized educational context), or non-educational purposes without our prior written approval.

To maintain a safe and productive environment, all users must adhere to the following code of conduct. We reserve the right to suspend or remove any user or content that violates this Code of Conduct or any other provision of these Terms. By using the Platform, you agree that you will NOT:

• Engage in Unlawful or Unauthorized Activities: You will not use the Platform for any illegal purpose or in violation of any applicable laws or regulations. This includes (but is not limited to) refraining from using the Platform to stalk, harass, threaten, or harm others, or to promote illegal activities.
• Harass or Abuse Others: You will not harass, bully, abuse, or incite violence against any individual or group. Hate speech, discriminatory language, and any content that is defamatory, obscene, or otherwise objectionable are strictly prohibited.
• Impersonation and Unauthorized Access: You will not impersonate any person or entity, or falsely state or misrepresent your affiliation with any institution or other entity. You will not share your account credentials with unauthorized users, nor attempt to access another user’s account or any part of the Platform that you are not expressly permitted to access.
• Disruption and Malicious Code: You will not interfere with or disrupt the integrity, performance, or security of the Platform. This means you must not attempt to introduce viruses, malware, or any other harmful code; launch any form of denial of service (DoS) attack; or use any automated system (such as bots, scrapers, or scripts) to access, query, or otherwise collect information from the Platform without our prior written permission.
• Unauthorized Data Collection: You will not collect, scrape, harvest, or attempt to obtain any information or data from the Platform (or its users) that you do not have permission to access. This includes refraining from data-mining activities or gathering others’ personal information (such as e-mail addresses) for any purpose outside the Platform’s intended use.
• Intellectual Property Misuse: You will not upload, post, or transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party. You also agree not to copy, reproduce, republish, or distribute any part of the Platform except as permitted under these Terms or with our express written consent (see Section 7 on Intellectual Property for more details).
• Respect Confidentiality: If as part of using the Platform you receive or have access to any confidential information about other users or the Company, you agree not to disclose it to anyone else and to use it only for the purposes permitted by the Platform.
• Compliance with Institutional Policies: In addition to these Terms, you must adhere to your own Institution’s codes of conduct and policies while using the Platform. If your Institution has rules regarding student or staff conduct, technology use, privacy, or any other relevant policies, it is your responsibility to follow those as well.

Violation of the above standards may result in immediate suspension or termination of your account or access, at our sole discretion. The Company may also take other appropriate action, including referral to law enforcement or other legal action if warranted.

Your privacy and the security of your data are important to us. All data on WriteSTREAK is stored on secure, encrypted servers (see Section 5 for details on third-party hosting). We implement industry-standard security measures to protect personal information. However, by using the Platform, you acknowledge that no system can guarantee complete security and you use the Platform at your own risk.

Privacy Policy

Our collection, use, and disclosure of personal information through the Platform are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you acknowledge that you have read and understand the Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy regarding data handling, the Privacy Policy will control with respect to privacy matters.

FERPA Compliance

WriteSTREAK is designed to be compliant with the U.S. Family Educational Rights and Privacy Act (FERPA) and similar student privacy laws. The Platform does not require access to or storage of official “education records” (such as grades or transcripts) as defined by FERPA. We do not request or knowingly ingest sensitive student academic records. To the extent that any personal data of students is stored in the Platform (e.g., names or e-mail addresses), it is used solely for the operational purposes of the Platform and in compliance with applicable privacy laws. A FERPA Data Protection Addendum is available upon request from support@writestreak.ai. You should not upload or share FERPA-protected education records on the Platform, and you should avoid sharing sensitive personal information beyond what is requested by the Platform.

Data Access and Sharing

The Company will access and use data on the Platform only as necessary to provide the services, support users, improve the Platform, or as otherwise described in our Privacy Policy. We will not disclose personal data to third parties except as described in the Privacy Policy or required by law. We do not sell user personal information. Additionally, each Institution may have administrative access to the data of its authorized users; your Institution’s administrators or facilitators may view your activity or information within the Platform as needed to manage the programs.

Data Security

We employ measures such as encryption in transit (e.g., HTTPS secure connections) and encryption at rest to safeguard data. Regular backups and security audits are performed to maintain data integrity and security. However, you are responsible for keeping your own login credentials secure and notifying us promptly of any suspected unauthorized access to your account.

WriteSTREAK currently relies on one third-party service to operate the Platform. By using the Platform, you acknowledge and agree to the following:

AWS (Hosting Provider)

WriteSTREAK is hosted on Amazon Web Services (AWS), a third-party cloud infrastructure provider. This means that all data and content you provide to the Platform is stored on AWS’s servers. We have chosen AWS for its reliability and security features, including data encryption and robust infrastructure. However, since AWS is a third-party service, we cannot guarantee uninterrupted service. There may be times when AWS experiences outages or technical issues that temporarily affect the availability of WriteSTREAK. The Company will make reasonable efforts to minimize disruptions, but we are not liable for downtime or data loss caused by our hosting provider.

Future Integrations

We do not currently integrate with any other third-party services (such as calendar, video conferencing, or single sign-on providers). If we introduce additional third-party integrations in the future, we will update these Terms and/or our Privacy Policy accordingly, and the following disclaimer will apply to those integrations as well.

Disclaimer for Third-Party Services

The Company does not endorse or assume responsibility for any third-party websites, products, or services that the Platform may facilitate your interaction with now or in the future. Any such integration or link is provided “as is” for convenience. You use third-party integrations at your own risk, and it is your responsibility to review the terms and policies of those third parties. The Company will not be liable for any damages or losses arising from your use of any third-party services in connection with WriteSTREAK.

Institutional License Required

Access to WriteSTREAK is provided to Institutions under an institutional license or subscription agreement. If you are an end user, your access is subject to your Institution maintaining an active license or subscription with the Company. These Terms apply to your use of the Platform regardless of whether your Institution has a separate signed contract with us; however, in the event of any direct conflict between these Terms and a separate written agreement signed by the Company and your Institution, the terms of the signed agreement will prevail for that Institution.

Fees and Payment (Net 30 Invoicing)

Institutions may be required to pay a license or subscription fee to use the Platform. The specific fees, payment schedule, and billing terms will typically be set forth in a separate order form, invoice, or agreement between the Institution and the Company. Unless otherwise agreed in writing, all invoices are due and payable within 30 days of receipt (Net 30). Payments shall be made in U.S. dollars, via the methods we designate (such as ACH, wire transfer, or check). Late payments may accrue interest at the rate of 1% per month (or the highest rate allowed by law, if less). We reserve the right to suspend or terminate an Institution’s access to the Platform if fees are past due by more than a reasonable grace period.

Future Paid Services

The Company reserves the right to introduce new features or services that may require additional fees in the future. If we do so, we will provide the Institution with details of the fees and terms for those new services. Any such additional services will be subject to these Terms and any additional terms we provide at that time.

No Refunds

All fees and charges are non-cancellable and non-refundable, except as may be explicitly stated otherwise in a separate written agreement or required by applicable law. Once an Institution has committed to a license or subscription term, it is responsible for the full payment for that term, even if it chooses to discontinue use or terminate early.

Taxes

Fees quoted are exclusive of any taxes, levies, or duties imposed by taxing authorities. The Institution is responsible for any sales, use, value-added, or similar taxes that apply to its purchase of the services, except taxes based on our income.

Pricing Changes

We may adjust our standard pricing for the Platform from time to time. Any pricing changes will not affect a currently active, paid license or subscription term but would apply upon renewal or new purchases. We will provide advance notice to the Institution of any pricing changes affecting renewal.

Ownership of Platform and Content

The WriteSTREAK Platform, including all software, code, databases, algorithms, designs, user interface elements, compilations of data, and all content provided by the Company, is the intellectual property of Publication Academy, Inc. and its licensors. All right, title, and interest in and to the Platform and such content, including all associated trademarks, service marks, copyrights, trade secrets, and other proprietary rights, are owned by the Company or its affiliates or content suppliers. The names “WriteSTREAK,” “Publication Academy,” and “HigherEd+,” and all related names and logos are trademarks of the Company. These Terms do not grant you any ownership of or license to any of these intellectual property rights, except for the limited right to use the Platform as expressly provided herein.

Limited License to Use

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your own personal writing productivity purposes. No other use of the Platform or content is permitted. You may not copy, download (except transient caching for normal use), reproduce, distribute, publish, perform, display, transmit, create derivative works from, or otherwise exploit any part of the Platform or its content unless expressly authorized by the Company in writing. All rights not expressly granted to you in these Terms are reserved by the Company.

User-Generated Content

The Platform allows you to submit certain content directly, such as a profile picture and a short biography in your Profile settings, as well as names and labels you assign to projects, tasks, and events. WriteSTREAK does not collect, store, or display the actual written or typed content of your writing (such as manuscript text, notes, or drafts); we only record metadata about your writing sessions (such as duration and timestamps). For any content you do submit to the Platform, you retain any intellectual property rights you hold in it. By submitting such content, you grant the Company a worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for technical purposes), and otherwise use and display your content solely for the purpose of operating the Platform and providing the services. We will not use your content outside of the Platform without your permission.

Feedback

We welcome feedback and suggestions about the Platform. If you submit any feedback, ideas, or suggestions to us, you agree that such feedback is provided on a non-confidential basis and may be used by us without restriction. You hereby assign to us all right, title, and interest in any feedback or suggestions you provide.

No Distribution or Reverse Engineering

You will not reverse engineer, decompile, or disassemble the Platform’s software, nor attempt to derive the source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent allowed by applicable law. You shall not distribute, lease, sublicense, rent, or otherwise transfer the Platform or any part of it to any third party, nor exploit the Platform for any commercial purpose not expressly permitted by the Company.

Service Availability

We strive to provide a reliable and high-quality Platform, but we do not guarantee that the Platform will be available 100% of the time or that it will meet your requirements, be error-free, or be continuously available without interruption. There will be occasions when the Platform may be unavailable, including:

• Scheduled Maintenance: We may need to take the Platform offline to perform upgrades, maintenance, or fixes (we will try to schedule maintenance during low-usage hours and, when feasible, to give advance notice of scheduled downtime).
• Unscheduled Outages: The Platform might become unavailable due to emergencies, cyber attacks, third-party service outages (such as our hosting provider, see Section 5), or other causes beyond our control.

We will make reasonable efforts to restore service as soon as practicable in the event of an outage. However, the Company is not liable for any inconvenience, data loss, or other damages that may result from downtime or service interruptions.

No Warranty (Disclaimer)

The Platform is provided “AS IS” and “AS AVAILABLE,” without any warranties of any kind. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, regarding the Platform and any content or services provided therein. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that might arise from a course of dealing or usage of trade. No advice or information (whether oral or written) obtained from the Company or through the Platform shall create any warranty not expressly stated in these Terms.

User Responsibility

You are solely responsible for your use of the Platform. This means you are responsible for any damage to your computer system or loss of data that results from downloading or accessing any material through the Platform. We encourage you to keep backup copies of your own data and use up-to-date security software.

Beta Features

We do not currently offer any features labeled as “beta” or “preview.” However, we reserve the right to do so in the future for testing and feedback purposes. If we introduce beta features, they will be provided without any warranties whatsoever and may be changed, suspended, or removed at our discretion.

Some jurisdictions do not allow the exclusion of certain warranties. If any law applies to you that does not allow the exclusion of express or implied warranties, then to the extent required by that law, those specific warranties do not apply to you.

Limited Liability

To the maximum extent permitted by applicable law, in no event will the Company or its affiliates, officers, directors, employees, agents, or partners be liable to you for any indirect, incidental, special, consequential, or punitive damages whatsoever. This includes, without limitation, damages for lost profits or revenues, loss of data, loss of business opportunity or goodwill, service interruption, computer damage, or system failure, or the cost of substitute services, arising out of or in connection with the Platform or these Terms, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the Company has been informed of the possibility of such damages.

Cap on Liability

To the extent that liability is not lawfully excluded by the foregoing, the total cumulative liability of the Company (and its affiliates and agents) to you for any claims arising out of or relating to these Terms or your use of the Platform shall not exceed US $100.00. This cap applies regardless of whether you are using free features of the Platform or, if introduced in the future, any paid features, and applies to any and all claims, whether based on contract, warranty, tort, strict liability, or any other legal theory.

Exceptions

Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not fully apply to you. In such cases, the Company’s liability is limited to the greatest extent permitted by law.

Essential Purpose

You acknowledge that the fees (if any) charged for the Platform reflect the allocation of risk set forth in these Terms and that the Company would not be able to make the Platform available on an economically feasible basis without these limitations. The limitations of liability specified in this section will survive and apply even if any limited remedy in these Terms is found to have failed of its essential purpose.

You agree to indemnify, defend, and hold harmless the Company (Publication Academy, Inc. DBA HigherEd+) and its parent companies, affiliates, officers, directors, employees, agents, representatives, and licensors (collectively, the “Indemnified Parties”) from and against any and all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to any of the following:

• Your Use of the Platform: Any use or misuse of the Platform by you or on your behalf, including any content you submit, post, or transmit through the Platform.
• Violation of Terms: Your breach of any provision of these Terms or any other agreement with the Company.
• Violation of Laws or Rights: Your violation of any law or regulation, or the rights of any third party (including intellectual property rights, privacy rights, or other proprietary rights) in connection with your use of the Platform.

Indemnification Procedure

The Company will promptly notify you of any claim for which it seeks indemnification. You agree to cooperate with the Company’s defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligations shall survive any termination or expiration of these Terms, and remain in effect until all relevant claims are fully resolved.

Governing Law

These Terms and any dispute arising out of or related to the Platform or these Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA, without regard to its conflict of law principles. The parties agree that the U.S. Federal Arbitration Act, and not state arbitration laws, will govern all questions of whether a dispute is subject to arbitration.

Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, or interpretation thereof, or to your use of the Platform (collectively, “Disputes”) shall be resolved through binding arbitration on an individual basis. You and the Company agree that any Dispute will be settled by confidential arbitration administered by JAMS (Judicial Arbitration and Mediation Services) pursuant to the JAMS Comprehensive Arbitration Rules and Procedures then in effect. The arbitration will be conducted by a single, neutral arbitrator. The seat of arbitration shall be Fairfax County, Virginia, USA. Judgment on the arbitration award may be entered in any court having jurisdiction.

Class Action Waiver

You and the Company each waive the right to bring or participate in any class, collective, or representative action in court or arbitration. All Disputes shall be conducted solely on an individual basis. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it will not apply to those parts, and those parts will be severed and resolved by a court of competent jurisdiction.

Exceptions to Arbitration

Either party may choose to pursue relief in a court of law for: (a) claims in small claims court (if within that court’s jurisdiction); and (b) claims seeking injunctive or other equitable relief for alleged unlawful use of intellectual property, confidentiality, or other proprietary rights.

Venue

In any circumstances where the above arbitration agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Fairfax County, Virginia, USA.

Time Limit to Bring Claims

To the extent permitted by law, any Dispute must be filed within one (1) year after the date the party asserting the claim knew or should have known of the facts giving rise to the claim. If a claim is not filed within this time frame, it is permanently barred.

You understand that, absent this arbitration agreement, you would have the right to sue in court and have a jury trial. You expressly and knowingly waive those rights and agree to resolve any Disputes as described above.

Termination by Company

We reserve the right to suspend, disable, or terminate your access to the Platform at any time for any reason or no reason, with or without notice. Without limiting the foregoing, the Company may immediately restrict or terminate your use if: (a) you violate these Terms or any applicable law; (b) you are misusing the Platform or using it in a manner not intended; or (c) the Company discontinues the Platform or ceases business operations.

Termination by You

If you are an individual user, you may stop using the Platform and/or delete your account at any time if you no longer agree to these Terms. If you are an Institution, you may terminate your license or subscription according to the terms of your agreement with the Company. Simply ceasing to use the Platform will not entitle an Institution to a refund of prepaid fees (see “No Refunds” in Section 6).

Effect of Termination

Upon any termination of your access, your right to use the Platform will immediately cease. The Company may, at its discretion, delete or anonymize your data and content following termination. Certain data that your Institution may need (for educational record-keeping or compliance purposes) might be retained or exported to the Institution upon request, pursuant to our Privacy Policy and applicable law. The Company shall not be liable to you or any third party for termination of your access or deletion of your content, provided such termination or deletion is in accordance with these Terms.

Survival

The following provisions shall survive any termination or expiration of these Terms: Sections regarding Intellectual Property (Section 7), Warranties and Disclaimers (Section 8), Limitation of Liability (Section 9), Indemnification (Section 10), Governing Law & Dispute Resolution (Section 11), and any other provision which by its nature is intended to survive termination.

Updates to Terms

The Company reserves the right to modify or update these Terms at any time. If we make material changes, we will notify users by (i) posting the updated Terms on the official WriteSTREAK website with a new “Last Updated” date, and/or (ii) by sending a notice to the e-mail address on file for your account or via an in-platform notification. It is your responsibility to review the Terms periodically for any changes.

Acceptance of Changes

By continuing to access or use the Platform after updated Terms have been posted, you are agreeing to be bound by the revised Terms. If you do not agree with any update or modification, you must stop using the Platform.

Modifications to the Platform

The Company may, from time to time, develop patches, bug fixes, updates, upgrades, or other modifications to improve or enhance the functionality of the Platform. We reserve the right to deploy such modifications at any time and to change or discontinue any features or aspect of the Platform. We will endeavor to avoid changes that materially reduce the core functionality of the Platform during an Institution’s paid term.

Our Commitment

WriteSTREAK is committed to making the Platform accessible to users of all abilities. We strive to design and develop our Platform in accordance with recognized standards for web accessibility, such as the Web Content Accessibility Guidelines (WCAG) and other applicable accessibility laws and regulations (such as the Americans with Disabilities Act (ADA) in the United States). We are currently working toward documenting our conformance with these standards and intend to make a completed Voluntary Product Accessibility Template (VPAT) available in the future. In the meantime, you may contact us at support@writestreak.ai with any questions about our accessibility efforts.

Mobile Compatibility

WriteSTREAK is designed to work on both desktop and mobile browsers, and we aim to provide a consistent experience across devices. Some advanced features may be best experienced on larger screens, and we are continually working to refine the experience across all device types.

Feedback and Assistance

We do not warrant that the Platform will be compatible with every assistive technology or browser combination. That said, we welcome feedback from users regarding any accessibility barriers they encounter. If you experience difficulty accessing any part of the Platform due to a disability, or if you have suggestions on how we can improve accessibility, please contact us at support@writestreak.ai. We take accessibility feedback seriously and will make reasonable efforts to address issues promptly.

Entire Agreement

These Terms, together with our Privacy Policy (and any other policies, guidelines, or documents expressly incorporated by reference), constitute the entire agreement between you (and your Institution, if applicable) and the Company regarding your use of the WriteSTREAK Platform. They supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral, regarding the Platform.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

Waiver

No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right or remedy. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company.

Assignment

You may not assign or transfer any of your rights or obligations under these Terms to any other person or entity without the prior written consent of the Company. Any purported assignment in violation of this section is null and void. The Company may assign or transfer its rights and obligations under these Terms freely to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets related to the Platform.

No Third-Party Beneficiaries

These Terms are for the benefit of you and the Company (and your Institution, if applicable). Except as expressly provided in these Terms, no third party shall have any rights to enforce any term of this Agreement.

Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, or agency relationship between you and the Company. Neither party has the authority to bind the other or to incur any obligation on the other’s behalf.

Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond the Company’s reasonable control, including acts of God, war, terrorism, civil unrest, strikes or labor disputes, internet or telecommunications failures, power outages, or any other event beyond our control.

Notices

The Company may provide notices to you under these Terms by e-mail to the address associated with your account or through notifications within the Platform. It is your responsibility to keep your account e-mail address current and to monitor communications from us. Legal notices to the Company should be sent to the mailing address listed in Section 1.

Headings

Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.