Student Terms of Service & End User License Agreement

1.1 Cavua is an educational technology platform that partners with selected authors and subject-matter experts to transform their published works into structured, AI-enhanced interactive Courses. Each Course is derived from content authored or authorized by the applicable author or rights holder and is structured into chapters, lessons, topics, and assessments designed for effective, self-paced learning. As used herein, "Course" means a unit of instruction published and made available to you on the Platform.

1.2 The Platform provides students with access to: structured Course content derived from published books; an AI-powered tutor answering questions about lesson content in real time; audio summaries for on-the-go learning; an AI video tutor feature; self-assessment tools including multiple-choice and descriptive quizzes with progress tracking; study tools that allow you to upload your own materials and interact with them using AI features, such as summaries and conversational AI personas (see Section 4.5); and a referral program enabling students to invite others and track their referral network.

1.3 Descriptions of the Platform, its features, and its content are provided for general informational purposes only, are subject to change, and do not constitute warranties, guarantees, or representations of any particular result, outcome, learning benefit, credential, or level of service. No Course, assessment, or completion record confers academic credit, certification, licensure, or professional qualification of any kind unless expressly stated in writing by Cavua.

1.4 Cavua may, at any time and in its sole discretion, modify, update, suspend, add to, or discontinue any portion of the Platform, including any Course, feature, functionality, format, or delivery method, in whole or in part, with or without notice, and without liability to you or any third party.

2.1 To access Course content, you must create an account by providing accurate, complete, and current information including your name, email address, and password, or by authenticating via a supported third-party provider (Google or Apple). You represent and warrant that all information you provide is accurate, complete, and current, and you agree to promptly update such information as necessary to keep it accurate, complete, and current.

2.2 You must be at least eighteen (18) years of age, residing in the United States, to create an account. By creating an account, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into this Agreement.

2.3 You may not create more than one account per person, transfer or assign your account, or use another person's account without their permission.

3.1 Memberships, Course Slots, and Previews. Access to Courses is provided through membership plans, which may include a free plan. Each plan grants the number of course slots, Course previews, AI tutor sessions, and usage allowances described on the Platform at the time you subscribe, and is governed by the Pricing, Billing & Payment Terms. A Course preview gives access to a limited portion of a Course, such as its first chapter. Enrolling in a Course places it in one of your course slots and, except for a preview, you may access a Course's content only while it occupies a course slot under an active membership. Cavua may modify, restrict, suspend, withdraw, or terminate any free plan, preview, or other free access, or free access generally, at any time, with or without notice, and without liability or any obligation to provide a substitute or compensation of any kind.

3.2 Duration of Access. Access to a Course is not a purchase of that Course and does not confer any lifetime or perpetual right to it. Subject to Section 4.2, while a Course occupies a course slot under an active membership you will have access to its then-current content, lessons, quizzes, and AI tutor functionality, but you are not entitled to any particular content, lesson, feature, format, delivery method, or level of functionality, each of which may change over time. If your membership ends or is downgraded, or your number of course slots is otherwise reduced, you will be asked to choose which Courses to keep within your remaining course slots; until you choose, access to your Courses may be unavailable, and access to any Course you do not keep will remain closed until you return it to a course slot. Without limiting Section 1.4, your access to a Course may be modified, suspended, or terminated if (a) Cavua discontinues the Course, the Platform, or any feature thereof; (b) the applicable author's or rights holder's license to Cavua expires, is terminated, or is modified; (c) continued provision would, in Cavua's reasonable judgment, violate applicable law or any third-party right; or (d) your account is suspended or terminated under this Agreement. Where Cavua discontinues a Course that occupies one of your course slots other than as a result of your breach, Cavua will, on its own initiative or at your request, release that course slot so that you may fill it with another available Course, and such release shall constitute your sole and exclusive remedy.

3.3 Course Slot Cycle. Course slots are filled for a billing period. Once you place a Course in a course slot, it remains in that slot until your next renewal date and you may not release it before then; an empty course slot may be filled at any time. Before each renewal you may choose, for each Course, whether to keep it or release it for the next billing period, or elect to keep a Course automatically at every renewal. Until you make a choice, your Courses remain in their course slots. Further details are set out in the Pricing, Billing & Payment Terms.

3.4 Nature of Access. Unless provided for elsewhere in this Agreement, your access is personal, non-exclusive, non-transferable, and non-sublicensable. You may not share your credentials, sell, rent, lease, sublicense, or otherwise transfer access to any Course, or otherwise make Course content available to any third party.

3.5 AI-Generated Content. Course content is generated using an AI-assisted process applied to source materials provided by authors, and may contain errors, inaccuracies, or omissions. Course content and AI tutor outputs may be generated and delivered without human review. Course content and AI tutor outputs are provided "as is" and do not constitute professional, legal, medical, financial, or other regulated advice, and must not be relied upon as a substitute for advice from a qualified professional. Cavua makes no representation or warranty as to the accuracy, completeness, currency, reliability, or fitness for any particular purpose of any Course content or AI tutor output. You are solely responsible for evaluating the accuracy and suitability of all Course content and AI tutor outputs and for independently verifying any information before acting or relying upon it. This Section 3.5 applies equally to Study Tool Outputs (as defined in Section 4.5), which are generated by applying an AI-assisted process to Uploaded Materials you provide, rather than to source materials provided by authors, and which are not reviewed by Cavua or any author.

3.6 Availability. Cavua does not guarantee that the Platform will be available at any particular time or without interruption. Access may be unavailable during scheduled or emergency maintenance, or as a result of factors outside Cavua's reasonable control, including the failure or unavailability of third-party model providers, hosting providers, or network services.

4.1 All Course content, including, but not limited to, text, audio, video, images, assessments, and AI tutor responses, is owned by or licensed to Cavua and/or the respective Course authors. Nothing in this Agreement transfers any intellectual property rights to you. Cavua and its licensors reserve all rights not expressly granted in this Agreement. Uploaded Materials and Study Tool Outputs are governed by Sections 4.5 through 4.11.

4.2 Subject to your continued compliance with this Agreement and payment of all applicable fees, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Course content solely for your personal, non-commercial educational purposes. This license terminates automatically upon any breach of this Agreement, the termination of this Agreement, or upon termination or suspension of your account.

4.3 You may not, and may not permit or enable any third party to:

(a) reproduce, distribute, publicly display, publicly perform, transmit, create derivative works from, decompile, disassemble, reverse engineer, or otherwise exploit any Course content, AI tutor output, or Platform feature, in whole or in part, without Cavua's prior written consent;

(b) use any Course content, AI tutor output, Study Tool Output, or other Platform data to train, fine-tune, validate, benchmark, or otherwise develop any machine learning model, artificial intelligence system, dataset, or product, or to develop any product or service that competes with the Platform;

(c) scrape, crawl, index, harvest, or perform any automated text or data mining of the Platform or any content therein;

(d) remove, obscure, or alter any copyright, trademark, or other proprietary notice; or

(e) circumvent, disable, or interfere with any access control, usage limit, rate limit, authentication mechanism, or other technical protection measure employed by the Platform.

4.4 If you provide Cavua with any suggestions, ideas, enhancement requests, recommendations, or other feedback relating to the Platform ("Feedback"), you hereby grant Cavua a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose, without attribution, compensation, or obligation of any kind to you.

4.5 Uploaded Materials and Study Tools. The Platform may permit you to upload, import, paste, link, or otherwise submit documents, files, text, images, audio, video, and other materials (collectively, "Uploaded Materials") and to use AI-powered features to interact with them, including summaries, question answering, quizzes and other study aids, and conversational AI personas or avatars that discuss the material (collectively, "Study Tools"). Content generated by the Study Tools from or in response to Uploaded Materials is "Study Tool Output." Uploaded Materials are Inputs for purposes of Sections 10 and 11, subject to Section 4.7. Uploaded Materials are not Courses; they are not provided, reviewed, licensed, authorized, or endorsed by Cavua or by any author; and they are not made available to any other user.

4.6 Your Responsibility for Uploaded Materials. You are solely responsible for your Uploaded Materials and for your decision to upload them. Cavua does not verify, and has no obligation to verify, whether you have the right to upload any material, and Cavua is not responsible or liable for any Uploaded Materials. Each time you submit Uploaded Materials, you represent and warrant that: (a) you own the Uploaded Materials; or you have obtained all rights, licenses, consents, and permissions necessary to upload them and to permit Cavua and its service providers (including third-party artificial intelligence model providers) to process them as described in this Agreement; or your upload and use of them as described in this Agreement is otherwise permitted under applicable law; (b) you lawfully acquired the Uploaded Materials and did not obtain them through piracy or other unauthorized copying, or by circumventing any digital rights management, encryption, copy-protection, or other technological protection measure; (c) your upload does not breach any license, terms of service, or other agreement governing the Uploaded Materials, including the terms of any eBook store, publisher, database, learning management system, or educational institution, or any confidentiality or non-disclosure obligation; (d) the Uploaded Materials do not contain personal information of any other person (including the education records of other students) that you are not legally permitted to share, or any information prohibited by Section 10.3; and (e) neither your Uploaded Materials nor your use of the Study Tools infringes, misappropriates, or violates any copyright, trademark, trade secret, privacy, publicity, or other right of any third party, or violates any applicable law or the Acceptable Use Policy. Cavua may ask you to confirm these representations at the time of upload, and any such confirmation forms part of this Agreement.

4.7 License to Process Uploaded Materials. As between you and Cavua, you retain whatever rights you hold in your Uploaded Materials, and Cavua claims no ownership of them. You grant Cavua and its service providers a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, process, analyze, and create derivative works from (such as summaries, excerpts, indexes, embeddings, audio, and persona dialogue) your Uploaded Materials, solely to: (a) provide the Study Tools and related Platform features to you; (b) maintain, secure, and troubleshoot the Platform; (c) detect and prevent abuse and enforce this Agreement; and (d) comply with applicable law. This license continues for so long as your Uploaded Materials remain in your account and for any additional period required for backup, security, or legal compliance purposes. Notwithstanding Section 10.4, Cavua will not (i) use the content of Uploaded Materials to train or fine-tune artificial intelligence models; (ii) use Uploaded Materials to create Courses or make them available to any other user or any author; or (iii) sell, publish, or otherwise commercially exploit Uploaded Materials.

4.8 Use of Study Tool Outputs. Subject to your compliance with this Agreement, you may use Study Tool Outputs solely for your personal, non-commercial educational purposes. Study Tool Outputs may reflect or incorporate portions of your Uploaded Materials, and nothing in this Agreement grants you any rights in any third-party material contained in or reflected by a Study Tool Output. You may not publish, distribute, sell, or otherwise make available to others any Study Tool Output that reproduces or is substantially derived from third-party material in your Uploaded Materials, except as permitted by applicable law. The Study Tools are designed to summarize, explain, and discuss Uploaded Materials rather than to reproduce them, and Cavua may limit, modify, or decline to generate any output, including output that would reproduce substantial verbatim portions of Uploaded Materials. Cavua and its licensors retain all rights in the Platform, the Study Tools, and any AI persona designs, names, voices, and appearances supplied by Cavua.

4.9 AI Personas. Any AI persona or avatar made available through the Study Tools is an automated artificial intelligence feature. It is not a real person, does not speak for or represent the author, publisher, or rights holder of any Uploaded Materials or any other real person, and is not affiliated with or endorsed by any of them, unless Cavua expressly states otherwise. You may not configure, prompt, or use any AI persona to impersonate any real person (including the author of any Uploaded Materials), to create a false impression of endorsement by or affiliation with any real person, or to imitate any real person's voice or likeness without that person's consent.

4.10 No Obligation to Review; Removal; Storage. Cavua has no obligation to screen, monitor, or review Uploaded Materials, but may do so. Cavua may block, remove, restrict, or disable access to any Uploaded Materials or Study Tool Outputs at any time, with or without notice, including in response to a notice under Section 13 or where Cavua believes they violate this Agreement, any applicable law, or any third-party right. Cavua may impose limits on the number, size, type, and retention period of Uploaded Materials. Cavua is not a storage or backup service, and you are responsible for keeping your own copies of your Uploaded Materials. Cavua shall have no liability for any removal, loss, or deletion of Uploaded Materials or Study Tool Outputs.

4.11 Academic Policies. You are solely responsible for ensuring that your use of the Study Tools and Study Tool Outputs complies with the academic integrity, honor code, and other policies of any educational institution, instructor, or program in which you participate. Cavua makes no representation that any such use is permitted.

5.1 You agree to use the Platform exclusively for lawful educational purposes and in a manner consistent with this Agreement and all applicable laws.

5.2 You agree not to, and not to permit or enable any third party to, do any of the following (this list being illustrative and not exhaustive):

• Share, resell, distribute, or otherwise transfer Course content or your credentials;
• Use the AI tutor or any Platform feature to generate, transmit, or store unlawful, harmful, threatening, harassing, defamatory, obscene, sexually explicit, hateful, or infringing content, or content that violates the rights of any third party;
• Attempt to access, probe, scan, test the vulnerability of, or disrupt any system, server, network, or account connected to the Platform, or breach or circumvent any security or authentication measure;
• Use automated tools, bots, scripts, or other automated means to access, interact with, or extract data from any part of the Platform;
• Impersonate any person or entity, or misrepresent your identity, age, or affiliation with any person or entity;
• Attempt to discover, extract, reverse engineer, or reconstruct the underlying models, model weights, prompts, system instructions, algorithms, or training data used by the Platform, including through prompt injection or similar techniques;
• Circumvent or attempt to circumvent any usage limit, rate limit, quota, or access restriction;
• Upload or transmit any virus, worm, malware, or other malicious or harmful code;
• Upload any Uploaded Materials in violation of Section 4.6, or use any Study Tool or AI persona in violation of Section 4.8 or 4.9;
• Use the Platform in violation of any applicable law, regulation, or third-party right, or to develop any product or service that competes with the Platform; or
• Engage in any other conduct that Cavua reasonably determines to be harmful to the Platform, to other users, to any author or rights holder, or to Cavua's business or reputation.

5.3 We reserve the right, in our sole and reasonable discretion, to suspend or permanently terminate any account that we believe or suspect has violated these standards, with or without prior notice, as we determine appropriate based on the severity of the suspected violation.

Cavua shall have no liability to you or to any third party for any suspension, restriction, or termination of your account or access taken in accordance with this Agreement. Upon suspension or termination for cause, (a) all licenses granted to you under this Agreement terminate immediately; (b) you are not entitled to any refund of any fees paid, including membership fees for the current billing period and amounts paid for add-ons, session packs, or other unused credits; and (c) any accrued but unpaid referral commissions are forfeited.

5.4 Cavua may investigate any suspected violation of this Agreement and may access, preserve, and disclose your account information, content, and usage data where Cavua believes in good faith that such action is necessary or appropriate to (a) comply with applicable law, legal process, or governmental request; (b) enforce or investigate potential violations of this Agreement; (c) detect, prevent, or address fraud, security, or technical issues; or (d) protect the rights, property, or safety of Cavua, its users, its authors, or the public.

6.1 Upon creating an account, each student is automatically issued a unique referral code which may be shared to invite others to register on the Platform.

6.2 The referral program operates across up to three (3) tiers. When a qualifying purchase is made by a user in your referral network, referral commissions may be earned in accordance with rates set by Cavua and displayed in your account dashboard. Cavua determines in its sole discretion whether a purchase is a qualifying purchase and the amount of any commission payable. Cavua's records and calculations shall be final and conclusive absent manifest error. Commissions are subject to any minimum payout threshold published by Cavua from time to time.

6.3 Commissions are processed via third-party payment management provider Tipalti and require you to complete payee verification through the Tipalti onboarding portal before any payout can be issued. Except as provided in Sections 6.4 and 6.5, commissions earned and confirmed will not be forfeited as a result of program rate changes, though Cavua reserves the right to modify program terms upon notice. Payouts are subject to Tipalti's own terms of service, and Cavua shall have no liability for any act, omission, delay, error, or failure of Tipalti or of any payment network, financial institution, or intermediary.

6.4 Fraudulent referral activity, including, but not limited to, self-referrals, fabricated accounts, or other manipulative conduct, will result in forfeiture of all associated commissions, termination of your account, and revoked licenses to any previously licensed Course content, without the reimbursement of any fees you may have already paid, including membership fees and amounts paid for add-ons, session packs, or other credits.

6.5 Any commission attributable to a purchase that is subsequently refunded, cancelled, charged back, or otherwise reversed shall be automatically reversed and forfeited. Where such a commission has already been paid to you, Cavua may recover the amount by offset against future commissions.

6.6 You are solely responsible for determining and satisfying all tax obligations arising from any commission you receive, including all income, self-employment, sales, use, and value-added taxes.

6.7 You participate in the referral program as an independent party. Nothing in this Agreement creates any employment, agency, partnership, joint venture, or franchise relationship between you and Cavua. You have no authority to make any representation, warranty, commitment, or agreement on Cavua's behalf, and you shall not hold yourself out as doing so.

6.8 In promoting the Platform, you shall comply with all applicable laws and regulations. You must clearly and conspicuously disclose your material connection to Cavua in any promotional communication. You shall not (a) send unsolicited bulk communications; (b) use Cavua's trademarks, trade names, or confusingly similar variants in paid search advertising or domain names; (c) make any representation regarding the Platform, its content, or potential earnings that is inaccurate, misleading, or not expressly authorized by Cavua; or (d) promote the Platform on any site or through any channel that contains unlawful or objectionable content.

6.9 Cavua may modify, suspend, or terminate the referral program, in whole or in part, at any time and in its sole discretion, with or without notice, and without liability. The referral program may not be available in all jurisdictions and is void where prohibited. Commissions that remain unclaimed or that cannot be paid due to your failure to complete payee verification within twelve (12) months of accrual shall be forfeited, except to the extent otherwise required by applicable unclaimed property law.

Payment, billing, and refund terms are governed by the standalone Pricing, Billing & Payment Terms (cavua.ai/legal/pricing) and Refund Policy (cavua.ai/legal/refund), both incorporated into this Agreement by reference and each available in your account dashboard. Cavua may update these documents from time to time, with notice to you by email to the address associated with your account or by prominent notice on the Platform. In the event of a conflict between this Agreement and either of those documents with respect to payment, billing, or refunds, those documents control. You are responsible for all applicable taxes, duties, and charges associated with your purchases, other than taxes based on Cavua's net income.

8.1 THE PLATFORM AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAVUA AND ITS LICENSORS, AUTHORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, CAVUA DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE PLATFORM OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULT; OR THAT ANY CONTENT, AI TUTOR OUTPUT, OR STUDY TOOL OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE. CAVUA DISCLAIMS ALL RESPONSIBILITY FOR THIRD-PARTY CONTENT (INCLUDING UPLOADED MATERIALS), SERVICES, MODELS, AND INTEGRATIONS ACCESSED THROUGH OR IN CONNECTION WITH THE PLATFORM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain rights, so some of the above exclusions may not apply to you. In such case, Cavua's warranties are limited to the minimum extent permitted by applicable law.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAVUA OR ITS AFFILIATES, LICENSORS, AUTHORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, EDUCATIONAL OR ACADEMIC OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT CAVUA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAVUA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO CAVUA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE FOREGOING LIMITATIONS APPLY IN THE AGGREGATE ACROSS ALL CLAIMS AND CAUSES OF ACTION AND APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION 8 ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CAVUA, AND THAT CAVUA WOULD NOT PROVIDE THE PLATFORM WITHOUT THEM.

8.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.

9.1 We may update this Agreement from time to time. Where changes are material, we will notify you by email or prominent Platform notice no fewer than fourteen (14) days before the changes take effect. Non-material changes are effective upon posting. Your continued access to or use of the Platform on or after the effective date of any change constitutes your acceptance of the revised Agreement. If you do not agree to the revised Agreement, your sole and exclusive remedy is to discontinue use of the Platform and terminate your account in accordance with Section 12.

9.2 This Agreement and any dispute arising out of or relating to it or to the Platform shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any conflict-of-laws principles that would require the application of the law of another jurisdiction.

9.3 Binding Arbitration and Class Action Waiver

(a) Before initiating any arbitration or proceeding, you and Cavua agree to attempt in good faith to resolve the dispute informally by written notice to the other party describing the dispute and the relief sought. If the dispute is not resolved within thirty (30) days of such notice, either party may proceed under this Section 9.3.

(b) Except as set out in subsection (e), any dispute, claim, or controversy arising out of or relating to this Agreement or the Platform shall be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator, seated in New Castle County, Delaware or, at your election, by telephone, videoconference, or on the basis of written submissions. The arbitrator has exclusive authority to resolve all disputes concerning the interpretation, applicability, enforceability, and formation of this Agreement, except that a court of competent jurisdiction shall determine the enforceability of subsection (d). Judgment on the award may be entered in any court of competent jurisdiction.

(c) YOU AND CAVUA EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

(d) YOU AND CAVUA 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 THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. If this subsection (d) is found to be unenforceable as to any claim or any request for relief, then this entire Section 9.3 shall be null and void as to that claim or request for relief, which shall instead proceed in the courts identified in Section 9.2, and the remainder of this Section 9.3 shall continue to apply to all other claims.

(e) Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights or breach of Sections 3.4, 4, or 5.

10.1 Cavua's collection, use, and disclosure of personal information is described in the Privacy Policy (cavua.ai/legal/privacy), which is incorporated into this Agreement by reference.

10.2 You acknowledge that questions, prompts, quiz responses, Uploaded Materials, and other information you submit to the AI tutor or any other Platform feature ("Inputs") are transmitted to and processed by Cavua and by third-party artificial intelligence model providers and service providers engaged by Cavua for the purpose of operating and providing the Platform.

10.3 You shall not submit through the Platform any (a) sensitive personal information, including government identification numbers, financial account numbers, biometric data, or precise geolocation data; (b) protected health information or other health data; (c) confidential information of any third party; or (d) any information you are not lawfully entitled to disclose. Cavua is not responsible for any consequence arising from your submission of such information. Third-party copyrighted materials that you submit as Uploaded Materials in compliance with Section 4.6 are not prohibited by clause (c).

10.4 You retain any rights you hold in your Inputs. You grant Cavua a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to host, store, reproduce, modify, create derivative works from, and otherwise use your Inputs for the purposes of operating, providing, securing, and improving the Platform, including training, fine-tuning, and evaluating artificial intelligence models, and for generating de-identified and aggregated data. Cavua may use de-identified and aggregated data for any lawful business purpose without restriction. This license survives termination of your account with respect to Inputs already collected. This Section 10.4 does not apply to the content of Uploaded Materials, which Cavua may use solely as set out in Section 4.7.

You shall indemnify, defend, and hold harmless Cavua and its affiliates, licensors, authors, officers, directors, employees, agents, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs of investigation) arising out of or relating to: (a) your access to or use of the Platform; (b) your breach or alleged breach of this Agreement or any Incorporated Policy; (c) your violation of any applicable law or of any right of any third party, including any intellectual property, privacy, or publicity right; (d) any Input or other content you submit, transmit, or generate through the Platform, including any Uploaded Materials and any claim that your Uploaded Materials, or the processing of them by Cavua or its service providers as permitted by Section 4.7, infringes, misappropriates, or violates any right of any third party; and (e) your participation in the referral program, including any statement or representation you make in connection with it.

You shall not settle any matter in a manner that imposes any obligation or liability on, or requires any admission by, any Indemnified Party without Cavua's prior written consent. This Section 11 survives termination of this Agreement.

12.1 This Agreement takes effect when you first accept it and continues until terminated in accordance with this Section 12.

12.2 You may terminate this Agreement at any time by closing your account through the account dashboard or by written notice to support@cavua.ai. Termination by you does not entitle you to any refund except as expressly provided in the Refund Policy.

12.3 Cavua may suspend or terminate this Agreement and your access to the Platform (a) for cause, in accordance with Section 5.3, or (b) for convenience, upon thirty (30) days' notice to you. Where Cavua terminates for convenience, Cavua shall refund, on a pro-rata basis in accordance with the Refund Policy, the unused portion of any membership fee you prepaid for the then-current billing period and the unused portion of any purchased session credits, and such refund shall constitute your sole and exclusive remedy.

12.4 Upon termination or expiration of this Agreement: (a) all licenses granted to you terminate immediately and you must cease all use of the Platform and all Course content; (b) any right to accrued but unpaid referral commissions terminates as provided in Section 5.3 or 6.4, as applicable; and (c) Cavua may delete your account, Inputs, Uploaded Materials, Study Tool Outputs, and associated data in accordance with its retention practices as described in the Privacy Policy, subject to any legal obligation to retain such data.

12.5 The following provisions survive any termination or expiration of this Agreement: Sections 3.4, 3.5, 4, 5.3, 5.4, 6.6, 8, 9.2, 9.3, 10.4, 11, 12.4, 12.5, and 13.

Cavua respects the intellectual property rights of others and responds to notices of alleged copyright infringement consistent with the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe that content stored on or available on the Platform, including any Uploaded Materials, infringes your copyright, you may submit a written notice containing the elements required by 17 U.S.C. § 512(c)(3) to Cavua's designated agent at support@cavua.ai.

If Uploaded Materials you submitted are removed or disabled in response to such a notice, Cavua will take reasonable steps to notify you. If you believe the material was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification containing the elements required by 17 U.S.C. § 512(g)(3) to the designated agent identified above, and Cavua may restore the material in accordance with 17 U.S.C. § 512(g). A person who knowingly makes a material misrepresentation in a notice or counter-notification may be liable for damages under 17 U.S.C. § 512(f).

Cavua maintains a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat infringers.

14.1 This Agreement, together with the Incorporated Policies, constitutes the entire agreement between you and Cavua regarding its subject matter and supersedes all prior or contemporaneous agreements, proposals, representations, and understandings, whether written or oral. You acknowledge that you have not relied on any statement, representation, warranty, promise, marketing material, or assurance not expressly set out in this Agreement, and you shall have no remedy in respect of any such statement other than for fraud.

14.2 If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable while giving effect to the parties' original intent, or, if modification is not possible, severed, and the remaining provisions shall continue in full force and effect.

14.3 No failure or delay by Cavua in exercising any right under this Agreement constitutes a waiver of that right. Any waiver must be in writing and signed by an authorized representative of Cavua, and applies only to the specific instance identified.

14.4 You may not assign, delegate, or transfer this Agreement or any right or obligation under it, by operation of law or otherwise, without Cavua's prior written consent; any purported assignment in violation of this Section is void. Cavua may freely assign or transfer this Agreement, in whole or in part, without restriction, including in connection with any merger, acquisition, reorganization, or sale of all or substantially all of its assets. This Agreement binds and inures to the benefit of the parties and their permitted successors and assigns.

14.5 Cavua shall not be liable for any failure or delay in performance arising from any cause beyond its reasonable control, including acts of God, natural disaster, epidemic or pandemic, war, terrorism, civil unrest, labor dispute, governmental action, failure or unavailability of third-party artificial intelligence model providers, hosting or cloud service providers, telecommunications or internet service providers, power failure, or cyberattack.

14.6 Cavua may provide notice to you by email to the address associated with your account, by posting on the Platform, or through in-application notification, and any such notice is deemed received when sent or posted. You are responsible for keeping your email address current. Notices to Cavua must be sent to support@cavua.ai.

14.7 You consent to receive communications from Cavua electronically, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that they be in writing.

14.8 You and Cavua are independent contracting parties. Nothing in this Agreement creates any agency, partnership, joint venture, employment, or franchise relationship.

14.9 You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. government restricted-party list. You shall comply with all applicable export control and sanctions laws in connection with your use of the Platform.

14.10 Cavua may from time to time designate certain features as beta, preview, pilot, or experimental ("Beta Features"). Beta Features are provided "as is" and "as available," without any warranty or support obligation, may be modified or discontinued at any time, and may not perform as intended. Cavua's total liability arising from Beta Features is excluded to the maximum extent permitted by applicable law.