Terms of Service

Welcome to HYVE CARES. These Terms of Service ("Terms") govern your access to and use of the educational platform located at www.hyvecares.org (the "Platform"), operated by Vibe Software Solutions Inc. ("HYVE CARES," "we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Acceptance of Terms

By creating an account or using any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are a parent or legal guardian creating an account on behalf of a child under 13, you represent that you have the authority to agree to these Terms on behalf of your child and consent to the collection and use of your child's information as described in our Privacy Policy.

2. Description of Service

HYVE CARES is a free K-12 educational platform that provides personalized learning experiences through AI-powered tutoring, structured curriculum, practice exams, interactive labs, and other educational tools. The core educational platform is provided free of charge. Certain premium features (homeschool management, advanced scientific labs, sponsorship programs) are available for a fee.

3. Account Types and Registration

The Platform supports the following account types:

• Parent accounts: Created by adults (18+) who wish to manage their children's educational experience. Parents create and manage child accounts through their Parent Dashboard.
• Child accounts: Created exclusively by parents through the Parent Dashboard. Children cannot self-register. Child accounts for users under 13 require verifiable parental consent.
• Teacher accounts: For educators using the Platform in an educational setting.
• Scientist accounts: For users accessing HYVE Advanced Scientific Virtual Laboratory (HAVSL) features.
• Sponsor accounts: For organizations or individuals sponsoring educational access.
• Donor accounts: For individuals making charitable contributions to support the Platform.
• Salesperson accounts: For authorized sales representatives of HYVE CARES.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account.

4. User Responsibilities

By using the Platform, you agree to:

• Provide accurate and complete information during registration
• Keep your account credentials confidential and secure
• Use the Platform only for lawful, educational purposes
• Supervise your child's use of the Platform as appropriate for their age
• Comply with all applicable local, state, and federal laws
• Respect the rights and dignity of other users
• Report any technical issues, security vulnerabilities, or inappropriate content to us promptly

5. Prohibited Conduct

You may not:

• Use the Platform for any illegal, harmful, or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Platform, other user accounts, or our systems
• Interfere with, disrupt, or impose an unreasonable burden on the Platform or its infrastructure
• Upload or transmit viruses, malware, or any other harmful code
• Harvest, scrape, or collect personal information about other users
• Use the Platform to bully, harass, threaten, or intimidate any user
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use automated systems (bots, scrapers, etc.) to access the Platform without our express written permission
• Circumvent or attempt to circumvent any security features of the Platform
• Share child account credentials with anyone other than the child for whom the account was created
• Use the Platform's AI features to generate content that is harmful, illegal, or inappropriate for children

6. Intellectual Property

Platform content: All content on the Platform, including but not limited to curriculum materials, lesson content, quiz questions, lab simulations, software code, designs, logos, and trademarks, is the property of HYVE CARES or its licensors and is protected by United States and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from Platform content without our express written permission.

User-generated content:Any content you create using the Platform (including but not limited to notes, lab configurations, experimental data, and discoveries) remains your intellectual property. By submitting user-generated content to the Platform, you grant HYVE CARES a non-exclusive, royalty-free, worldwide license to store and display that content solely for the purpose of providing the Platform's services to you.

7. Homeschool Program Disclaimer

8. Payment Terms

The core educational platform is free for all users. The following premium services are available for a fee:

• Homeschool Management: $10/month base subscription + $3/month per additional child enrolled in the homeschool program
• HYVE Advanced Scientific Virtual Laboratory (HAVSL): $35/month per lab (includes a 7-day free trial)
• Sponsorship tiers: Various monthly/annual sponsorship levels supporting educational access for other families

All payments are processed by Stripe. Subscription fees are billed monthly on the date you first subscribe. You may cancel your subscription at any time through your account settings; cancellation takes effect at the end of the current billing period. We do not offer prorated refunds for partial months.

9. Refund Policy

If you are dissatisfied with a premium service, you may request a refund within 30 days of the initial charge by contacting us at majixx@vibesoftwaresolutions.com. We will review refund requests on a case-by-case basis. Refunds, if approved, will be processed to the original payment method within 5-10 business days.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYVE CARES, VIBE SOFTWARE SOLUTIONS INC., AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM;
• ANY CONTENT OBTAINED FROM THE PLATFORM;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
• ANY INTERRUPTION OR CESSATION OF SERVICE;
• EDUCATIONAL OUTCOMES OR ACADEMIC PERFORMANCE RESULTING FROM USE OF THE PLATFORM.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE PLATFORM EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You agree to indemnify, defend, and hold harmless HYVE CARES, Vibe Software Solutions Inc., and their officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your user-generated content
• Your failure to comply with applicable homeschool laws (if using homeschool features)

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict-of-law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in the State of North Carolina, and you consent to the personal jurisdiction of such courts.

13. Dispute Resolution

Before filing any legal claim, you agree to first attempt to resolve the dispute informally by contacting us at majixx@vibesoftwaresolutions.com. We will attempt to resolve the dispute informally within 30 days. If the dispute cannot be resolved informally, either party may pursue resolution through the courts as described in Section 12.

Nothing in this section prevents either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Platform.

14. Termination

We may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice, including but not limited to:

• Violation of these Terms
• Conduct that is harmful to other users, us, or third parties
• Suspected fraudulent, abusive, or illegal activity
• Extended periods of inactivity (accounts inactive for more than 24 months may be removed)

You may delete your account at any time through the Data Rights page or by contacting us. Upon termination, your right to use the Platform will immediately cease. Sections of these Terms that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) will survive.

15. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT GUARANTEE ANY SPECIFIC EDUCATIONAL OUTCOMES FROM USE OF THE PLATFORM.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy and Accessibility Statement, constitute the entire agreement between you and HYVE CARES regarding your use of the Platform and supersede all prior agreements, understandings, and communications.

18. Contact

If you have questions about these Terms of Service, please contact us:

• Email: majixx@vibesoftwaresolutions.com
• Organization: HYVE CARES, operated by Vibe Software Solutions Inc.
• Website: www.hyvecares.org