Terms of Service

Version 2.2 · Effective 2026-05-08

Effective Date: May 8, 2026 (v2.2 — Parent-buyer + minor-liability hardening) Last Updated: May 8, 2026 Prior version: v2.1 effective May 7, 2026

PLAIN-ENGLISH SUMMARY (not the legal contract): Project College is a college-planning data and decision-support tool. We sell a one-time, per-student license for $399. The Service is not college admissions counseling, financial advice, legal advice, or any kind of guarantee of admission, scholarship, or financial outcome — match scores, chancing calculations, financial projections, AP/SAT practice content, AI essay feedback, scholarship listings, and career narratives are informational estimates derived from public data and statistical models and may be wrong. We do not license or distribute College Board, ETS, ACT, or other publisher exam content. Disputes are resolved by individual binding arbitration in Duval County, Florida administered by JAMS (or AAA as a fallback); class actions and jury trials are waived. Our maximum liability to you is capped at the greater of fees you paid us in the 12 months preceding the claim or one hundred U.S. dollars ($100). Any claim must be filed within one (1) year of accrual, except where applicable law prohibits a shortened limitations period (such as FDUTPA, TCPA, COPPA, FTSA, or any state student-data-protection statute). The legal text below controls.


1. Agreement, Parties, and Acceptance

These Terms of Service ("Terms") form a binding contract between you ("you" or "User") and Digent LLC d/b/a Project College, a Florida limited liability company with its principal place of business in Duval County, Florida ("Digent," "Digent LLC," "Project College," "we," "us," or "our"). Project College is owned and operated by Digent LLC. All intellectual property, data compilations, software, methodologies, and brand marks of the Service are the property of Digent LLC.

By clicking the box labeled "I agree to the Terms of Service and Privacy Policy" at checkout or at account creation, by clicking any other button conspicuously labeled with affirmative agreement language, or by otherwise creating an account and using the Services after being given conspicuous notice of these Terms, you agree to these Terms and to our Privacy Policy and Refund Policy, each of which is incorporated by reference. If you do not agree, do not use the Services. Where applicable law requires a more affirmative manifestation of assent (for example, double opt-in for a minor's enrollment), we will require it in addition to the standard checkbox.

If you accept these Terms on behalf of a household, organization, or another individual (for example, a parent purchasing a Per-Student License for a high-school student), you represent and warrant that you have authority to bind that household, organization, or individual, and "you" includes that household, organization, or individual.

You must be at least 18 years old and able to form a legally binding contract under applicable law to purchase a license, create a parent account, or accept these Terms. A minor may use the Student View of the Services only under the supervision of, and with the prior consent of, their parent or legal guardian, and only as an authorized user under that parent's account (see Sections 4 and 14).

"You" means the Parent. Throughout these Terms, "you" means the parent or legal guardian who purchases a Per-Student License (the "Parent") and who creates the account under which the Service is used. The Service is sold to, licensed to, and contractually accessible only by the Parent. A high-school student to whom the Parent grants access (a "Student") is not a "User" of the Service in their own right, is not a counterparty to these Terms, and is not a third-party beneficiary of these Terms. The Parent — not the Student — owns the account, owns the License, agrees to these Terms, and is responsible for any use of the Service under the Parent's account, including any use by the Student. Any reference in these Terms to "you" or "your" refers to the Parent only, except where the surrounding text expressly addresses the Student.

These Terms include a mandatory binding-arbitration clause and class-action waiver in Section 19, a coordinated mass-arbitration protocol in Section 19.10, a shortened limitations period in Section 19.6 (with statutory carve-outs), a liability cap in Section 12 (with a FDUTPA carve-out in Section 12.6), a jury-trial waiver, an affirmative non-supervision disclaimer in Section 4.5, and a no-counseling / crisis-resources clause in Section 11.5 that affect your legal rights. Please read them carefully.


2. What Project College Is and Is Not

2.1. What we are.

Project College is an information-and-decision-support product for parents and students preparing for U.S. undergraduate college admissions. The Services include:

  • A searchable catalog of approximately six thousand U.S. degree-granting institutions, drawn primarily from the U.S. Department of Education College Scorecard, the Integrated Postsecondary Education Data System ("IPEDS"), the Clery Act crime database, the Common Data Set, and other public sources;
  • Statistical "match scores" computed by our Bayesian model from the academic profile a parent or student supplies and from public institution-level data;
  • Chancing scattergrams, scatterplots, and admission-probability outputs derived from public Common Data Set ranges and our internal statistical models;
  • Financial projections, including "Debt Sentence," "Bang-Per-Buck," "Total Cost of Attendance," "Return on Investment," and net-price-by-income outputs, computed from public data and parent-supplied inputs;
  • A practice question bank for AP and SAT preparation that is author-generated and AI-assisted, not licensed from the College Board, ETS, ACT, IB, or any other test publisher;
  • Optional AI-assisted feedback on draft application essays, where enabled by feature flag, powered by third-party large language models;
  • An optional aid-letter parser that extracts and normalizes financial-aid award information from documents you upload;
  • Comparison, ranking, sorting, share-card, scholarship-listing, transfer-pathway, and parent-dashboard tooling.

We may add, remove, modify, deprecate, or feature-flag any of the above at any time without notice (see Section 16).

2.2. What we are not. Project College is not:

  • A college admissions counseling, advising, consulting, coaching, or tutoring service;
  • A licensed educational institution, registered investment adviser, broker-dealer, attorney, certified financial planner, certified public accountant, certified college counselor, IECA member, NACAC member, or any other regulated professional;
  • A financial-aid officer, FAFSA filer, scholarship grantor, lender, loan servicer, or financial product;
  • A test-prep tutor, exam administrator, or licensee of the College Board, ETS, ACT, IB, or any other test publisher;
  • An AI essay editor that guarantees originality, accuracy, admission, non-detection by AI-detection software, or any specific score, ranking, or outcome;
  • A merchant of record for any product or service other than the Per-Student License we sell ourselves; payment-processing services are provided by third parties (currently Stripe and/or Lemon Squeezy) that act as processors or merchants of record on our behalf or for the transaction (see Section 7);
  • A medical, mental-health, learning-disability, or special-needs assessment service;
  • A substitute for the parent's or student's own independent investigation, counseling, professional advice, or judgment.

2.3. No prediction, no guarantee.

A match score, chancing percentage, "fit" rank, ROI projection, financial estimate, AP-likelihood score, SAT-likelihood score, scholarship listing, transfer pathway, career narrative, or any other output of the Services is a statistical estimate derived from public data and our internal models, not a prediction or a promise. We do not promise, predict, or guarantee admission to any school, the receipt of any scholarship or aid amount, the outcome of any AP, SAT, ACT, or IB exam, the accuracy of any salary or career projection, the accuracy of any aid-letter parse, or any other educational, financial, or career result. Outputs may be wrong, out of date, or inapplicable to your specific situation, and a thoughtful college-planning process requires independent investigation, conversation with a qualified counselor where appropriate, and direct contact with each institution.


3. Eligibility and Accounts

3.1.

To create a parent account or purchase a Per-Student License, you must (a) be 18 or older, (b) have legal capacity to contract under applicable law, (c) not be barred from receiving the Services under U.S. or other applicable law, (d) provide accurate and complete registration information, and (e) Student age and authority warranty — if you grant access to a Student, you represent and warrant that the Student is at least 13 years of age, that you are the Student's parent or legal guardian (or hold equivalent legal authority to grant such access on the Student's behalf), and that you continue to hold that authority for as long as the Student has access. You will promptly revoke the Student's access if the Student is under 13, if you cease to hold legal authority, or if the Student requests revocation. False or misrepresented Student age is a violation of these Terms and may result in immediate termination and forfeiture of any unused License.

3.2.

You are responsible for safeguarding your credentials and for all activity that occurs under your account, including the activity of any student you authorize to use the Student Portal under your account. Notify us at [email protected] of any suspected unauthorized use immediately. We are not liable for losses caused by your failure to secure your credentials, by your sharing of credentials, or by a student authorized under your account.

3.3.

One Per-Student License per student. A single Per-Student License authorizes use of the paid Services on behalf of one (1) named student in your household. A second student requires a second Per-Student License. Sharing of credentials, accounts, or licenses outside your immediate household is prohibited.

Sibling and household pricing. A family enrolling two or more students in the same household is welcome to purchase one Per-Student License per student; we may, in our discretion, offer a sibling discount, multi-student bundle, or blended-family equivalent from time to time, which will be displayed at checkout. Nothing in these Terms creates an obligation on Digent LLC to offer any specific discount. The rule that one Per-Student License covers one named student is a license-scope rule and is not a representation about any family pricing structure.

3.4.

A Per-Student License is not transferable to another household, person, or institution and may not be resold, gifted, sublicensed, or assigned, except as expressly permitted in writing by us. In the event of the death or permanent incapacity of the named student before substantial use of the License, we will, on documented request from the parent account holder and in our sole discretion, transfer the License to a sibling in the same household or refund the purchase price, at no additional charge.

3.5.

We may refuse, suspend, or terminate any account at any time, with or without notice, for any reason permitted by law, including suspected fraud, chargeback, abuse, violation of these Terms, content scraping, model-training misuse, or any conduct that we determine in our sole discretion poses risk to the Services, to other users, or to Digent LLC.


4. Student Access (Student View)

4.1.

The Services include a Student View that allows the named Student to whom the Parent has granted access to log in and use student-facing tooling (profile, match cards, AP/SAT practice, essay drafts, dream-school planner, and similar features). The Student may access the Student View only as an authorized invitee under the Parent's account, and only with the prior consent of that Parent or legal guardian. The Student View is a feature of the Parent's License. The Student does not have an independent account, license, or contractual relationship with Project College; the Student's access exists, and persists, only at the Parent's election.

4.2.

The Parent or legal guardian is solely responsible for: (a) deciding whether to enable Student View access for their Student, (b) supervising the Student's use of the Services, (c) providing any consent required by the Children's Online Privacy Protection Act ("COPPA," 15 U.S.C. § 6501 et seq.), the Florida Online Protections for Minors Act, the California "Age-Appropriate Design Code" (where applicable), and any other applicable child-protection law, (d) ensuring that any data the Student inputs is accurate, voluntarily disclosed, and lawful for the Student to disclose, (e) communicating with the Student about the limits of the Service (in particular that match scores, chancing calculations, AP/SAT practice scoring, and AI essay feedback are statistical estimates, not predictions or advice), and (f) assuming the risk of any emotional, psychological, financial, or educational consequence of the Student's use of the Service, including but not limited to the Student's response to any chancing percentage, match score, financial projection, AP/SAT score, AI essay feedback, scholarship listing, or other output. The Parent expressly assumes this risk on behalf of the Parent and, to the maximum extent permitted by law, on behalf of the Student as the Student's parent or legal guardian. The Parent acknowledges that the Service's outputs are statistical estimates and that disappointing outputs are a foreseeable feature of the Service's intended use.

4.3.

A Student under age 13 may not be granted access to the Student View. The Services are not directed to children under 13. We do not knowingly collect personal information from a child under 13 in violation of COPPA. If we learn that we have inadvertently collected personal information from a child under 13, we will delete it. To make a deletion request, contact [email protected]. (See also our Privacy Policy §§ 9 and 11.)

4.4. Florida HB 3 (Online Protections for Minors Act).

Based on the operative text of the Florida Online Protections for Minors Act (Fla. Stat. § 501.1736), the Services are not a "social media platform" within the meaning of that statute, because the Services do not (a) provide a publicly viewable user-generated profile or feed, (b) allow public messaging or live-streaming between users, (c) recommend additional content from other users via personalized algorithms designed to keep users on the platform, (d) employ infinite scroll or auto-play features, or (e) employ push notifications other than transactional account-state and deadline notifications. Notwithstanding that determination: (i) parental consent is required for any Student View access, (ii) the Parent may revoke that consent and request deletion of the Student's information at any time, (iii) we do not direct any algorithmic ranking specifically toward minors that has not been disclosed to the Parent, and (iv) we will comply with any final, non-stayed enforcement action or rulemaking under HB 3 that, despite the foregoing determination, is held to apply to the Services.

4.5. We do not supervise the Student.

Project College does not supervise, monitor, moderate, observe, evaluate, or attend to the Student's use of the Service. We do not employ counselors, mental-health professionals, child-development professionals, learning-disability evaluators, or proctors. We do not screen, flag, or escalate any content the Student types or any output the Student receives. We do not detect, infer, or respond to signals of stress, sadness, anxiety, distress, suicidal ideation, eating disorder, self-harm, or any other psychological or emotional state, in either the Student's inputs or the Service's outputs. We do not have a duty of care, fiduciary duty, in loco parentis relationship, or special relationship of any kind with the Student. Any such duty, if any, runs from the Parent to the Student. The Parent is solely responsible for the Student's emotional response, mental-health well-being, and any decision the Student makes — or does not make — in connection with the Service. Where applicable consumer-protection or duty-to-warn law would otherwise impose a duty on Project College arising from the Student's use of the Service, the Parent expressly assumes that duty as the Student's parent or legal guardian, to the maximum extent permitted by law.


5. Acceptable Use

You agree, on your own behalf and on behalf of any Student to whom you grant access, not to, and not to enable any third party to:

(a) scrape, crawl, harvest, mirror, or bulk-export any content, data, model output, school catalog entry, or compilation from the Services, by any means, except via interfaces and rate limits we expressly permit;

(b) use any content or output of the Services as training, fine-tuning, retrieval-augmented generation ("RAG"), embedding, or evaluation data for any artificial intelligence or machine-learning model;

(c) reproduce, redistribute, mirror, sell, sublicense, or create derivative works of our match-engine outputs, chancing scattergrams, financial projections, AP/SAT question bank, AI essay feedback, scholarship compilations, transfer pathways, ranking outputs, share cards, or any other compilation or derivative content of the Services;

(d) reverse-engineer, decompile, disassemble, or attempt to discover the source code, weights, prompts, models, algorithms, schemas, or non-public structure of the Services, except to the extent applicable law expressly forbids that limitation;

(e) circumvent, defeat, or interfere with rate limits, authentication, paywalls, license-enforcement checks, throttling, watermarking, or any other technical or contractual safeguard;

(f) impersonate any person or entity, misstate your affiliation, claim a credential, license, age, parental relationship, or guardianship status you do not hold, or use the Services on behalf of a student without that student's parent's or legal guardian's consent;

(g) submit content (including essay drafts, contact-form messages, survey responses, and aid-letter uploads) that is defamatory, obscene, harassing, threatening, hateful, infringing, fraudulent, fabricated, plagiarized, or unlawful, or that falsely represents another person's work as your own;

(h) submit a financial-aid letter, tax document, household-income document, or other document that you do not have the right to upload, that contains a third party's personal information (including a sibling, co-parent, ex-spouse, dependent, or other household member) without that third party's prior authorization, or that constitutes "nonpublic personal information" under 15 U.S.C. § 6809 of a person other than yourself or your dependent;

(h-1) Aid-letter parsing limits. When you upload an aid-letter or related document, you represent and warrant that you are authorized to upload it. We process only the named-student fields, the named-institution fields, and the monetary award fields. We discard the raw uploaded file after parsing as described in the Privacy Policy § 7. We do not parse, index, store, or display Social Security Numbers, Tax-IDs (other than for the Survey Program), driver's-license numbers, or other government identifiers; where such identifiers appear in an upload, we will redact them where reasonably practicable. Do not upload a document that names a third party (sibling, co-parent, household member) without that third party's prior authorization. You will defend and indemnify Digent LLC against any claim by any such third party arising from your upload, subject to the indemnification limits in Section 13.

(i) use the Services to send unsolicited communications (including unsolicited commercial email, SMS, or voice contact in violation of TCPA, CAN-SPAM, the Florida Telephone Solicitation Act, or similar laws);

(j) attempt to access another user's account, household data, student profile, payment data, essay drafts, aid offers, or survey responses;

(k) operate the Services in a manner that overburdens our infrastructure, including abusive concurrency, header manipulation, repeated automated authentication attempts, distributed-denial-of-service or volumetric attacks, or vulnerability scanning without prior written consent;

(l) use the Services to evaluate, benchmark, or assist a competing product without our prior written consent;

(m) submit information about a student without the legal authority to do so;

(n) initiate a payment-card chargeback or processor dispute without first contacting us in good faith and giving us a reasonable opportunity to resolve the issue (see Refund Policy);

(o) represent any output of the Services to any third party — including any college, scholarship organization, employer, journalist, or counselor — as a "prediction," "guarantee," or "professional advice" of Project College or Digent LLC; or

(p) violate any applicable federal, state, or local law, regulation, or third-party right.

We may, but are not obligated to, monitor and enforce these rules. Violation may result in suspension or termination of your account, removal of content, license revocation, forfeiture of any refund eligibility, and any other remedy available to us at law or in equity, including injunctive relief and recovery of attorneys' fees.


6. Intellectual Property

6.1. Our IP.

The Project College name, the Project College logo and word marks, the look and feel of the Services, our compilations and rankings of school data, our match-engine model, our chancing methodology, our financial-projection formulas (including "Debt Sentence," "Bang-Per-Buck," "Total Cost of Attendance," and ROI outputs), our AP/SAT question bank, our software (including front-end and back-end code), our APIs, our database schemas, our prompts and prompt-engineering, our share-card templates, our share-card images, and our documentation are owned by Digent LLC and are protected by copyright, trademark, trade-secret, and other intellectual-property laws of the United States and other jurisdictions. Subject to your compliance with these Terms and to your active Per-Student License (where applicable), we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, license to access and use the Services for personal, non-commercial, household use of one (1) named student per Per-Student License. No other rights are granted by implication, estoppel, or otherwise.

6.2. Underlying public data.

Names and basic factual descriptions of U.S. degree-granting institutions are sourced from public information (College Scorecard, IPEDS, Clery, Common Data Set, FIRE, OPE, Census, BLS, EPA, and other sources); we do not assert copyright in those underlying public facts. We do assert rights in our compilation, organization, ranking, descriptions we author, derived analytical fields (including match scores, chancing outputs, financial projections, ROI outputs, share cards, and rolling averages), prompts, model outputs, and AP/SAT items we author.

6.3. User submissions.

If you submit content (including essay drafts, profile information, comments, support requests, survey responses, financial-aid letters, or correction reports), you represent that you have the right to do so. You retain ownership of your submitted content but grant Digent LLC a worldwide, royalty-free, non-exclusive, transferable, sublicensable license to host, store, reproduce, modify (only as needed for the Service to function — for example, OCR, parsing, redaction, and AI essay-feedback generation), and display that content solely for the purposes of operating, securing, debugging, and improving the Services for you. We do not use your submitted content to train any artificial intelligence or machine-learning model, and we contractually require each AI model provider we use to abstain from training, fine-tuning, retrieval-augmented generation, or any similar use of inputs and outputs derived from our Services on a non-customer basis. We are not, however, the controller of every AI provider's internal practices; we represent only that we have entered into a written non-training commitment with each AI provider currently used in production.

6.3(a). AI provider list and changes.

The current AI model providers used in production are listed at projectcollege.ai/ai-providers. We will update that list within thirty (30) days of any addition or removal. A change in AI provider is a non-material amendment to these Terms unless the change materially expands the data shared with the new provider, in which case it will be communicated under Section 16.2.

6.4. Trademarks.

"Project College" and "Digent" and our logos are trademarks of Digent LLC. Other school names, brand names, and logos are property of their respective owners and are used only as nominative fair use to identify the institutions described. No school named in the Services has authorized, endorsed, sponsored, reviewed, licensed, or is otherwise affiliated with Project College or any output we display about it. School names appear in match-score outputs, share cards, and other features solely as identifiers of the publicly known institution to which the underlying data relates. Any school may submit a request to be excluded from a particular feature or share card by emailing [email protected], and we will, in our reasonable discretion, comply within thirty (30) days.

6.5. Feedback.

If you send us feedback, suggestions, or feature ideas, you grant us an unrestricted, royalty-free, perpetual, irrevocable license to use that feedback for any purpose without compensation or attribution, and you waive any moral rights you may have in that feedback to the maximum extent permitted by law.

6.6. DMCA.

We respect copyright. Our designated agent under 17 U.S.C. § 512(c)(2) is registered with the U.S. Copyright Office DMCA Designated Agent Directory (file number DMCA-1072409, effective May 7, 2026, status: Active; one registration covers Digent LLC and its alternate names projectcollege.ai, panoramatribune.com, chatterbox.news, juggledrive.com, and noisecutter.ai). To submit a notice of infringement under the Digital Millennium Copyright Act, send a properly formatted DMCA notice to:

DMCA Designated Agent Northwest Registered Agent LLC 7901 4th St N, Ste 300 St. Petersburg, FL 33702 Phone: 509-768-2249 Email: [email protected]

A courtesy copy of any notice may also be sent to [email protected] so that we receive it directly and respond more quickly, but the canonical agent of record is Northwest Registered Agent LLC at the address and contact information above. The full public record of our designation is searchable at https://dmca.copyright.gov/osp/search.html. Repeat infringers' accounts will be terminated under our published repeat-infringer policy. Counter-notices may be sent to the same designated-agent address.

6.7. AP/SAT/ACT/IB and other test-publisher marks.

"AP" and "Advanced Placement" are trademarks of the College Board. "SAT" is a trademark of the College Board. "ACT" is a trademark of ACT, Inc. "IB" is a trademark of the International Baccalaureate Organization. None of these test publishers is affiliated with, has endorsed, or has licensed Project College or any of our practice questions. All practice content is original and AI-assisted, written by us or our contractors, and is intended for study practice only.

6.7(a). No affiliation; no endorsement.

The College Board, Educational Testing Service ("ETS"), ACT, Inc., and the International Baccalaureate Organization (and their respective subsidiaries and affiliates) are not affiliated with Digent LLC or Project College, have not licensed any content to Digent LLC or Project College, have not endorsed any practice question or score-boost feature of the Services, and have not reviewed any practice content. The phrases "AP practice," "SAT practice," "AP-style," "SAT-style," "AP-likelihood," "SAT-likelihood," and "AP score boost" as used in the Services and our marketing copy refer exclusively to original practice and study tools written by us or our contractors and are not intended to and do not suggest sponsorship, endorsement, license, or affiliation. References to AP, SAT, ACT, and IB in feature names and in your student's profile are nominative fair use solely to identify the publicly known examination to which the practice question or profile field relates.


7. Pricing, Per-Student License, Payment, and Taxes

7.1. Per-Student License — flat $399 per student.

The current price of a Per-Student License is three hundred ninety-nine U.S. dollars ($399.00), charged once per named student, in U.S. dollars, plus any applicable taxes. There is no recurring subscription, no auto-renewal, and no monthly charge. A Per-Student License authorizes use of the paid features for the named student.

7.1(a). No automatic renewal.

A Per-Student License is a single, one-time purchase. It does not auto-renew. We will not charge your payment method for any second or subsequent License or for any other recurring charge unless you affirmatively place a separate order. If we ever offer a recurring or auto-renewing product in the future, we will obtain your express opt-in consent at checkout, will display the renewal terms in a clear and conspicuous form before the order is placed, and will comply with the California Automatic Renewal Law (Cal. B&P § 17600 et seq.), Florida Stat. § 501.165 (or any successor), and other applicable state automatic-renewal laws.

7.2. Payment processor / merchant of record.

Card processing for Per-Student Licenses is performed by a third-party payment processor (currently Stripe Inc. or, in the alternative as we elect, Lemon Squeezy / Affable Geek Pty Ltd or its U.S. affiliate). When we route a transaction through Lemon Squeezy, Lemon Squeezy is the merchant of record for that transaction, and Lemon Squeezy's terms and privacy policy apply to your interaction with that processor in addition to these Terms. When we route a transaction through Stripe, Digent LLC is the merchant of record and Stripe acts as our processor. Digent LLC does not see, store, or process raw card numbers, CVV, or full bank credentials. Chargebacks, payment disputes, and refunds are governed jointly by these Terms, the Refund Policy, the processor's policies, and applicable card-network rules.

7.3. Right to change pricing.

We may change pricing prospectively at any time by updating the listed price. A change is not retroactive to a Per-Student License you already purchased.

7.4. Taxes.

Where applicable sales, use, excise, gross-receipts, value-added, or similar tax is collected by Lemon Squeezy as merchant of record (or, where Stripe is the processor, by us), we will display the tax-inclusive total at checkout. You are responsible for any tax consequences of your purchase that are not collected at checkout.

7.5. Refunds.

Refund eligibility is governed entirely by the Refund Policy at projectcollege.ai/refund, which is incorporated by reference. The Refund Policy may include reasonable usage-based eligibility tests; the binding test is the language of the Refund Policy at the time of your refund request, not summaries elsewhere.

7.6. Chargebacks.

Initiating a payment-card chargeback or processor dispute without first contacting us at [email protected] and giving us a reasonable opportunity to resolve the issue is a violation of Section 5(n). We respond to chargebacks with documentation of purchase, license-grant records, usage logs, and these Terms. Initiating a chargeback does not, by itself, disqualify you from any refund right you would otherwise have under the Refund Policy or applicable law, and does not waive any right you have lawfully purchased and not consumed.

7.7. Currency.

All amounts are in U.S. dollars unless we expressly state otherwise.

7.8. No financial advice.

The price of a Per-Student License does not entitle you to financial advice, financial planning, FAFSA filing, scholarship application, loan-shopping, tax planning, or any other regulated financial service. The financial outputs of the Services (Debt Sentence, Bang-Per-Buck, Total Cost of Attendance, ROI, net price by income, and the like) are informational estimates based on public data, not financial advice. Consult a qualified, licensed financial professional before making borrowing, enrollment, or scholarship decisions.


8. Communications and Consent (Email Only)

8.1. Service notices.

By creating an account, you consent to receive transactional and service communications from us by email only — including account confirmations, license-delivery messages, billing receipts, security alerts, deadline reminders, policy updates, and refund correspondence. You cannot opt out of these while your account is active. Project College does not send SMS or voice communications and does not operate a phone-based support line; all support is by email at [email protected].

8.2. Marketing.

Marketing emails are sent only with your express prior consent and may be revoked at any time, by clicking the unsubscribe link in any marketing email or by adjusting your account notification preferences.

8.3. TCPA and Florida Telephone Solicitation Act.

We do not place automated phone calls, send SMS, or operate any voice-based outreach, and we do not maintain a phone-based support line. Accordingly, the federal Telephone Consumer Protection Act ("TCPA"), the Florida Telephone Solicitation Act ("FTSA," Fla. Stat. § 501.059), and analogous state laws governing automated telephone calls or text messages are inapplicable to our communications with you. If we ever introduce SMS or voice channels, we will update this section and obtain your express prior consent before doing so.


9. Survey Program (When and If Enabled)

The Services include a "Truth Bounty" survey-research program that is currently disabled and not available. Nothing in these Terms enrolls you in, qualifies you for, or commits us to any survey program, payout, or tax-reporting obligation. No part of these Terms is an offer to pay any consideration in exchange for survey responses, and no payout, escrow, or 1099-MISC obligation arises from these Terms alone. If we activate the survey program in the future, separate, opt-in Survey Program Terms will govern participation, including the consideration paid (if any), tax-reporting obligations (W-9, 1099-MISC where applicable), withdrawal rights, data-handling commitments, fraud-prevention rules, and an "ToS Addendum 2027-v1" already published in the codebase. Activation of the survey program will be communicated under Section 16.2. The Survey Program Terms will be incorporated by reference into these Terms only as to consenting participants. Until the Survey Program is activated and you have separately opted in, references in these Terms or in our Privacy Policy to the survey program are forward-looking informational only and impose no obligation on Digent LLC and confer no right on you.


10. Parental Responsibility; No Project College Supervision

10.1.

Parents and legal guardians are solely and finally responsible for their Student's use of the Services and for any decision made by the Student or by the family on the basis of the Services. Before relying on any Project College output to apply to a college, accept admission, accept an aid offer, take out a loan, choose a major, or take any other consequential step, you should at minimum (and at your sole discretion): (a) verify the school's information directly with the school's admissions, financial-aid, and registrar offices; (b) verify pricing, deadlines, and policies on the school's official website; (c) consult a qualified college counselor, financial planner, accountant, or attorney where appropriate; (d) for AP/SAT preparation, consult licensed test materials from the College Board, ETS, ACT, or IB; (e) read each school's Common Data Set; (f) read each school's Clery report; and (g) obtain independent insurance, financial, legal, and educational advice as appropriate.

10.2.

Project College performs none of the foregoing verifications and disclaims any duty to do so. The presence of a "match score," "chancing percentage," "ROI estimate," "Bang-Per-Buck rating," "Debt Sentence rank," or any similar output is not a guarantee, prediction, endorsement, or recommendation of any specific school, major, loan, scholarship, career, or outcome.

10.3. No supervision by Project College.

Without limiting Section 4.5, Project College does not supervise the Student's use of the Service in any respect. The Parent is the Student's only supervisor in connection with the Service. The Parent is responsible for any communication with the Student about the Service's outputs, for the Student's emotional response, and for any decision the Student makes that is informed by the Service.


11. Disclaimers (As-Is)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES — INCLUDING ALL CONTENT, DATA, MATCH SCORES, CHANCING ESTIMATES, FINANCIAL PROJECTIONS, ROI OUTPUTS, AP/SAT PRACTICE CONTENT AND SCORING, AID-LETTER PARSER OUTPUTS, AI-GENERATED ESSAY FEEDBACK, SHARE CARDS, SCHOLARSHIP LISTINGS, TRANSFER-PATHWAY RECOMMENDATIONS, CAREER NARRATIVES, AND ANY OTHER OUTPUT — ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

DIGENT LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, ADVISORS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AVAILABILITY, COMPLETENESS, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (a) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, RANSOMWARE, OR OTHER HARMFUL COMPONENTS; (b) ANY SCHOOL DATA, RANKING, PRICE, GRADUATION RATE, ADMISSION RATE, OR DESCRIPTION IS ACCURATE, CURRENT, OR COMPLETE; (c) ANY MATCH SCORE, CHANCING ESTIMATE, FINANCIAL PROJECTION, OR ROI OUTPUT WILL MATCH ACTUAL ADMISSION, COST, OR OUTCOME; (d) ANY AP/SAT PRACTICE QUESTION REFLECTS THE FORMAT, CONTENT, DIFFICULTY, OR SCORING OF THE LIVE EXAM; (e) ANY AI ESSAY FEEDBACK IS ACCURATE, EFFECTIVE, FREE OF ERRORS, OR APPROPRIATE FOR ANY SPECIFIC ESSAY OR APPLICATION; (f) ANY AID-LETTER PARSE EXTRACTS THE CORRECT NUMBERS FROM ANY DOCUMENT; (g) ANY SCHOLARSHIP LISTING IS CURRENT, OPEN TO YOUR STUDENT, OR FREE OF PROVIDER ERROR OR MISCONDUCT; OR (h) ANY ENROLLMENT, ADMISSION, AID, EXAM, INTERVIEW, INTERNSHIP, JOB, INCOME, OR OTHER OUTCOME WILL BE FAVORABLE TO YOU.

AI essay feedback — specific warning. The Services include an optional AI-assisted essay-feedback feature, behind a feature flag. AI-assisted feedback may, even when used only as feedback rather than as ghostwriting, leave detectable patterns in your essay drafts that AI-detection software (including but not limited to Turnitin AI, GPTZero, Originality.ai, and similar products) used by colleges may flag. A flag by such software, whether accurate or not, is the school's own determination and is outside our control. We make no representation that an essay reviewed with our AI feedback will or will not be flagged by any AI-detection product, and we make no representation about any college's policy on AI use in essays. Before submitting any essay to a college, you and your Student should: (i) review the school's specific AI-disclosure policy on its admissions page; (ii) re-write the essay in the Student's own voice after considering our feedback; and (iii) not represent the essay to any college as having been written without AI assistance unless that is true. Digent LLC is not liable for any college's decision to flag, reject, rescind, or otherwise act on a perceived AI-pattern in any essay, regardless of the cause.

No counseling, no advice. Outputs of the Service — including match scores, chancing scattergrams, financial projections, AP/SAT score predictions, AI essay feedback, scholarship listings, and career narratives — are not advice, counseling, recommendation, instruction, or guidance of any kind. They are statistical artifacts of public data and our internal models. The Parent and the Student are responsible for deciding whether and how to act on any output, and for consulting a qualified licensed professional (admissions counselor, financial planner, mental-health professional, attorney, or accountant) where the decision warrants professional advice.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. Some jurisdictions do not allow exclusion of certain warranties; in those jurisdictions, the foregoing exclusions apply to the maximum extent permitted by law.

11.5. No mental-health or counseling services; crisis resources.

Project College is not a counselor, therapist, psychiatrist, psychologist, social worker, school counselor, or coach of any kind, and is not a substitute for the judgment of a licensed professional or for a parent's own judgment. The Service does not provide medical, psychological, psychiatric, or behavioral-health advice, diagnosis, treatment, or referral. The Service does not detect, monitor, infer, evaluate, or respond to any user's mental-health, emotional, or psychological state. The Service may produce outputs (including but not limited to chancing percentages, match scores, financial projections, debt projections, AP-likelihood scores, and AI essay feedback) that a Student or Parent may find disappointing, anxiety-producing, or distressing. Such outputs are statistical estimates derived from public data. They are not a measurement of the Student's worth, intelligence, future, or character. If you or your Student are experiencing a mental-health crisis, suicidal ideation, or thoughts of self-harm, stop using the Service and contact 988 (Suicide & Crisis Lifeline) by call or text, dial 911, or seek emergency care from a licensed professional immediately. Project College does not, and cannot, provide crisis services.

Consistent with Florida products-liability doctrine on adequacy of warnings (see Felix v. Hoffmann-La Roche, Inc., 540 So. 2d 102 (Fla. 1989)), this Section, taken together with Sections 2.2, 4.5, 10.3, and 12.2, is intended to provide adequate warning of the foreseeable emotional response a Student or Parent may have to disappointing Service outputs.


12. Limitation of Liability

12.1. Cap.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF DIGENT LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, ADVISORS, SUPPLIERS, AND LICENSORS, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, FOR ALL CLAIMS COMBINED AND IN THE AGGREGATE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US (NOT TO ANY THIRD PARTY OR INSTITUTION) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). The "twelve (12) months immediately preceding" measurement is reset to begin with the date of the most recent Per-Student License purchase under your account, regardless of when that purchase occurred relative to the event giving rise to the claim. For a paying user with one Per-Student License purchased at any time prior to the event giving rise to the claim, the practical cap is the greater of the price of that License (currently $399) or $100. For a non-paying user, the practical cap is $100.

12.2. Excluded damages.

IN NO EVENT WILL DIGENT LLC OR ANY OF THE PERSONS LISTED ABOVE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, COST OF SUBSTITUTE SERVICES, COST OF ALTERNATIVE COUNSELING, OR LOSS OF EDUCATIONAL OR ECONOMIC OPPORTUNITY; OR FOR ANY DAMAGES ARISING OUT OF (a) YOUR USE OF OR INABILITY TO USE THE SERVICES, (b) ANY ADMISSION DECISION OF ANY COLLEGE, UNIVERSITY, OR INSTITUTION, (c) ANY AID OFFER, AID DENIAL, OR AID-LETTER MISPARSE, (d) ANY SCORE, GRADE, OR EXAM RESULT, (e) ANY DECISION YOU MAKE BASED ON ANY DATA, MATCH SCORE, CHANCING ESTIMATE, FINANCIAL PROJECTION, AI ESSAY FEEDBACK, OR OTHER OUTPUT OF THE SERVICES, (f) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, OR (g) ANY THIRD-PARTY CONTENT OR CONDUCT — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12.3. Allocation of risk.

You acknowledge that the prices, fees, and other commercial terms of the Services reflect this allocation of risk and that we would not provide the Services without these limitations. Some jurisdictions do not allow these limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

12.4. No liability for third-party institutions or providers.

Project College is not responsible or liable, in any amount, for the acts, omissions, conduct, admission decisions, financial-aid decisions, scholarship decisions, exam decisions, programs, instructors, employees, contractors, premises, websites, or refund decisions of any college, university, scholarship organization, test publisher, lender, financial-aid office, employer, or other third party. Your relationship with each such third party is direct.

12.5. Officers and members.

The individual members, managers, officers, directors, employees, and contractors of Digent LLC are not personally liable for any claim arising from these Terms or the Services, except in the case of fraud or other liability that cannot be limited by contract under applicable law. To the extent any such individual is a named defendant in a covered claim, the limitations in this Section 12 apply to that individual as if they were a party to these Terms.

12.5(a). Single-recovery rule.

Any claim arising from these Terms or the Services is subject to a single recovery. A claimant may not recover the same loss twice by separately suing Digent LLC and an individual officer, member, manager, or employee. Any judgment or arbitration award against an individual described in Section 12.5 shall be reduced by any amount Digent LLC has paid or is obligated to pay for the same loss, and vice versa. The aggregate cap in Section 12.1 applies on a combined basis to Digent LLC and to all individuals described in Section 12.5 for the same underlying claim.

12.5(b). No assumption of personal liability.

No member, manager, officer, director, employee, or contractor of Digent LLC has assumed any personal obligation or guaranty under these Terms by signing, distributing, marketing, or operating the Services. The signatory of any communication issued by Digent LLC signs in their capacity as an authorized representative of Digent LLC and not in any personal capacity, and any reference to "we," "our," or "us" in marketing copy, social media, support replies, or product UI refers exclusively to Digent LLC.

12.6. FDUTPA carve-out.

Nothing in this Section 12 limits, waives, or modifies any right or remedy a Florida consumer has under the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. § 501.201 et seq. ("FDUTPA"), the Florida Consumer Collection Practices Act, the Florida Telephone Solicitation Act, the Florida Security of Communications Act, or any other Florida consumer-protection statute that, by its terms, cannot be waived by contract. To the extent a court of competent jurisdiction holds the cap in Section 12.1 unenforceable as applied to a specific FDUTPA or analogous claim, that specific claim shall be governed by the statute's own remedy provisions, and the remainder of Section 12 shall continue to apply to all other claims.


13. Indemnification

You agree to defend, indemnify, and hold harmless Digent LLC, its affiliates, and their respective officers, directors, members, managers, employees, contractors, agents, advisors, suppliers, and licensors (the "Indemnified Parties") from and against any third-party claim, demand, action, loss, liability, damage, cost, or expense (including reasonable attorneys' fees and costs through final non-appealable judgment) caused by your wrongful act or omission and arising out of or relating to (a) your violation of these Terms, (b) your violation of any law or third-party right (including intellectual-property, privacy, publicity, or right-of-publicity rights of a person other than yourself or your minor dependent), (c) any content you submit that is defamatory, infringing, fraudulent, or unlawful, (d) any communication you send through the Services that violates the TCPA, CAN-SPAM, the Florida Telephone Solicitation Act, or any analogous law, (e) any breach of your representations and warranties in these Terms, (f) any third party's claim that you uploaded their personal information without authorization (including a sibling, co-parent, or household member named in an aid letter), or (g) any claim by or on behalf of any Student to whom you have granted access under your account, including without limitation claims for negligent infliction of emotional distress, intentional infliction of emotional distress, negligent supervision, failure to warn, breach of duty of care, breach of in loco parentis duty, or any analogous tort claim, however framed, arising from the Student's use of, exposure to, or response to the Service. This indemnification does not extend to any claim arising from Digent LLC's own gross negligence, willful misconduct, fraud, or intentional violation of consumer-protection law, and does not extend to any claim by a governmental authority or regulator against Digent LLC. We may, at our option, assume the exclusive defense of any matter for which you owe indemnification, in which case you will cooperate with us and pay all reasonable costs of that defense as they are incurred. You may not settle any matter without our prior written consent, which we may not unreasonably withhold.


14. Children Under 13 (COPPA)

The Services are intended for use by adult parents and guardians and by high-school students aged 13 and over under a parent's account. We do not knowingly collect personal information from a child under 13 in violation of the Children's Online Privacy Protection Act (15 U.S.C. § 6501 et seq.) or its implementing regulations. The Student Portal is not "directed to" children under 13. If we learn we have inadvertently collected personal information from a child under 13, we will delete it. To make a deletion request, contact [email protected]. Additional COPPA disclosures are in our Privacy Policy §§ 9 and 11.


15. Third-Party Services and Links

The Services link to or depend on third-party services, including (without limitation) the U.S. Department of Education College Scorecard API, IPEDS, Clery, the FIRE rankings API, Wikidata and Wikipedia, the Common Data Set websites of individual institutions, the Google Places and Maps APIs, our payment processors (Stripe and Lemon Squeezy), our email-delivery vendor (Resend), our AI model providers (currently Anthropic), our hosting and infrastructure provider (Fly.io), and others. We are not responsible for the content, terms, privacy practices, availability, accuracy, or acts of third-party services. Your use of those services is governed by their own terms. The presence of a link, logo, or reference to a third party is not an endorsement.


16. Modifications to the Services and to These Terms

16.1. Services.

We may, at any time and without notice, modify, add, suspend, deprecate, or discontinue any feature of the Services, including any feature flag, in whole or in part. We will not be liable for any modification, suspension, or discontinuation. Where we discontinue the Services in their entirety while you hold an unused or substantially-unused Per-Student License, refund eligibility is governed by the Refund Policy.

16.2. Terms.

We may modify these Terms from time to time. Material changes will be communicated by email to the address on your account or by a conspicuous in-product notice at least thirty (30) days before the effective date, unless a shorter period is required by law or by an exigent security or legal need. A "material change" includes any change that (a) raises the price of a Per-Student License you have already purchased, (b) modifies Sections 11, 12, 13, 18, 19, or 20 in a way adverse to you, (c) materially expands the data we collect or with whom we share it, or (d) materially restricts a feature for which you have paid. A material change applies prospectively only and does not retroactively modify the rights of a user who purchased a Per-Student License under prior terms. You may reject a material change by giving written notice within thirty (30) days of the notice and discontinuing use of the Services; in that case the prior version of these Terms continues to govern your purchased Per-Student License until its natural expiration, and a refund is governed by the Refund Policy as it stood on the date of your original purchase. Non-material changes (clarifying edits, contact-information updates, formatting fixes) take effect when posted. The "Last Updated" date at the top reflects the most recent revision. Continued use of the Services after the effective date of any change constitutes acceptance.


17. Suspension and Termination

17.1.

You may terminate your account at any time by deleting it from your account settings or by emailing [email protected]. Termination of your account does not by itself entitle you to a refund; refund eligibility is governed entirely by the Refund Policy.

17.2.

We may suspend, restrict, or terminate your access immediately, with or without notice, if we have a good-faith belief that you have violated these Terms (including Section 5), that your account poses a security or legal risk, that you or anyone authorized under your account is engaged in fraud or chargeback abuse, that we are required to do so by law, or that termination is necessary to protect the Services, our users, or third parties. You may appeal a suspension or termination by emailing [email protected] within thirty (30) days of the action; we will respond to the appeal within fifteen (15) business days. Where we terminate based on suspected fraud or chargeback abuse, we will reinstate access if you can demonstrate the underlying transaction was authorized and not fraudulent.

17.3. Effect of termination.

On termination, your right to use the Services ceases immediately. We may delete your account data subject to our Privacy Policy and any legal-retention obligation. Sections 4.5, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 18, 19, 20, 21, 22, and 23, and any provision that by its nature should survive, will survive termination.


18. Governing Law

These Terms and any dispute arising out of or relating to them or to the Services are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.


19. Mandatory Binding Arbitration; Class-Action Waiver; Coordinated Mass-Arbitration Protocol; One-Year Limitation

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH DIGENT LLC INDIVIDUALLY, WAIVES YOUR RIGHT TO A JURY TRIAL, AND SHORTENS THE TIME WITHIN WHICH YOU MAY BRING A CLAIM EXCEPT WHERE STATUTORY LAW PROHIBITS A SHORTENED PERIOD.

19.1. Agreement to arbitrate.

Except for the carve-out in Section 19.5, you and Digent LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services — whether sounding in contract, tort, statute (including any consumer-protection statute), fraud, misrepresentation, or any other legal theory — shall be resolved by final and binding individual arbitration before a single neutral arbitrator. The arbitration shall be administered as follows, in this order of priority: (a) by JAMS under its Streamlined Arbitration Rules and Procedures and its Consumer Minimum Standards (collectively, the "JAMS Consumer Rules"); (b) if JAMS is unable or unwilling to administer, by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules; and (c) if neither JAMS nor AAA is available, by another arbitration administrator the parties mutually select in writing. The arbitrator, not any federal, state, or local court or agency, has exclusive authority to resolve any dispute relating to the formation, applicability, interpretation, scope, enforceability, or unconscionability of this Section 19. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 19.

19.2. Notice of dispute and informal resolution.

Before initiating arbitration, you agree to first send a written Notice of Dispute to Digent LLC at [email protected] that describes the dispute, the basis for any claim, and the specific relief you seek. Where the email address on your account is no longer accessible to you, you may also send the Notice by certified U.S. mail to Digent LLC at the registered-agent address on file with the Florida Division of Corporations. We will attempt to resolve the dispute informally for sixty (60) days after we receive the Notice. If we cannot resolve it within sixty days, either party may initiate arbitration. The 60-day informal-resolution period is a precondition to filing arbitration and tolls (does not extend) the one-year limitation in Section 19.6.

19.3. Arbitration procedure.

Arbitration will be conducted by a single neutral arbitrator under the procedural rules of the administering body (JAMS Consumer Rules, AAA Consumer Arbitration Rules, or as the parties agree). The seat of arbitration is Duval County, Florida. The arbitrator may conduct the arbitration by phone, video, or in writing; an in-person hearing, if any, will be held in Duval County, Florida unless we and you agree otherwise. The arbitrator will issue a reasoned written award. The award is final and binding and may be entered in any court of competent jurisdiction. The JAMS Consumer Minimum Standards apply automatically to any JAMS-administered consumer arbitration; we will not invoke any provision of these Terms that the JAMS Consumer Minimum Standards prohibit.

19.4. Class-action and jury-trial waiver.

YOU AND DIGENT LLC AGREE TO BRING ANY DISPUTE ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. YOU AND DIGENT LLC ALSO WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the class-action waiver unenforceable as to a specific claim, that specific claim shall be severed and litigated in a court of competent jurisdiction in Duval County, Florida, and all other claims shall remain in arbitration.

19.5. Carve-outs.

Notwithstanding Section 19.1, either party may (a) bring an individual claim in small-claims court if it qualifies, (b) either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction in Duval County, Florida to (i) protect intellectual-property rights, (ii) enforce Sections 5 or 6, (iii) prevent ongoing harm to data security, or (iv) seek a privacy-related injunction under applicable consumer-protection law where arbitration would not provide complete relief, and (c) participate in a government-agency proceeding even if that proceeding is collective in nature.

19.6. One-year limitation on claims.

EXCEPT AS PROHIBITED BY APPLICABLE LAW, ANY CLAIM, DISPUTE, OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUED, OR IT IS PERMANENTLY BARRED. This shortened limitations period does not apply to any claim under (a) the Florida Deceptive and Unfair Trade Practices Act, (b) the Florida Telephone Solicitation Act or the federal Telephone Consumer Protection Act, (c) the Children's Online Privacy Protection Act, (d) any state student-data-protection statute (including but not limited to California SOPIPA, New York Education Law § 2-d, the Illinois Student Online Personal Protection Act, the Connecticut student-data law, the Colorado Student Data Transparency and Security Act, and the Louisiana Student Privacy Act), or (e) any other statute whose limitations period cannot be contractually shortened. As to those claims, the statute of limitations provided by the underlying law applies.

19.7. Costs.

Filing, administration, and arbitrator fees will be governed by the rules of the administering body (the JAMS Consumer Minimum Standards and Streamlined Arbitration Rules; the AAA Consumer Arbitration Rules; or, in a Coordinated Filing under Section 19.10, the AAA Mass Arbitration Supplementary Rules or the JAMS equivalent). The total arbitration filing fee charged to you (the consumer) will not exceed the small-claims-court filing fee in Duval County, Florida, on the date the arbitration is filed. Digent LLC will pay any excess filing, administration, and arbitrator fees that the administering body's consumer rules require us to bear, and will pay any additional fees necessary to render this Section 19 enforceable as to a federal statutory claim or a state-statutory claim that cannot be effectively vindicated absent fee-shifting. Each party otherwise bears its own attorneys' fees and costs except where applicable law requires otherwise.

19.8. Opt-out.

You may opt out of this Section 19 by sending written notice of opt-out to [email protected] within thirty (30) days of first accepting these Terms, including your full name, the email address on your account, and a clear statement that you opt out of arbitration. An opt-out from arbitration is not an opt-out from any other section, including Section 19.4 (class-action and jury-trial waiver), Section 19.6 (one-year limitation, with statutory carve-outs), or Section 12 (limitation of liability).

19.8(a). Student-user arbitration.

A student user authorized under a parent's account is bound to this Section 19 to the extent the student (a) has reached the age of majority in their state of residence and continues to use the Services after reaching majority, or (b) brings a claim arising from the Services that is also subject to the parent's account agreement, in either case under the doctrine of equitable estoppel and direct benefit. A student user who has not reached the age of majority may opt out of this Section 19 within thirty (30) days after reaching the age of majority by sending written notice as described in Section 19.8.

19.9. Survival and severability.

This Section 19 survives termination of these Terms and termination of your account. If any portion of Section 19 (other than the class-action waiver) is held unenforceable, the remainder will be enforced. If the class-action waiver in Section 19.4 is held unenforceable as to a specific category of claim (for example, a claim by a California resident under McGill v. Citibank), then only that specific category of claim is severed and litigated in court in Duval County, Florida; arbitration continues to govern all other claims and all other claimants.

19.10. Coordinated mass arbitrations.

If twenty-five (25) or more arbitration demands of a substantially similar nature are filed against Digent LLC by or with the assistance of the same law firm or coordinated group of counsel within a sixty (60) day period (a "Coordinated Filing"), the parties agree that the administering body's mass-arbitration supplementary rules — the AAA Mass Arbitration Supplementary Rules where AAA is the administrator, the equivalent JAMS protocols where JAMS is the administrator — will govern, and the following procedure will apply: (a) the parties will select an initial bellwether group of ten (10) demands (five chosen by claimants' counsel, five by Digent LLC) to proceed first; (b) all other demands in the Coordinated Filing will be stayed pending the bellwether outcomes; (c) following the bellwether awards, the parties will engage in a thirty (30) day mediation; (d) if mediation does not resolve the remaining demands, the parties may proceed in subsequent waves of bellwether arbitrations on the same protocol. Any party may, after the first bellwether wave, opt the remaining demands out of arbitration into a single court proceeding in Duval County, Florida (subject to Section 19.4's class waiver). Filing and arbitrator fees in a Coordinated Filing are governed by the administering body's mass-arbitration fee schedule then in effect; nothing in this Section 19.10 obligates Digent LLC to advance more than that schedule's minimum.


20. Forum, Jurisdiction, and Venue (Non-Arbitrable Matters)

For any matter not subject to arbitration, you and Digent LLC consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Duval County, Florida, and waive any objection to that forum on grounds of inconvenience, forum non conveniens, or otherwise.


21. General Provisions

21.1. Entire agreement.

These Terms, together with the Privacy Policy, the Refund Policy, any survey-program addendum (when activated), and any commercial addendum we sign with you in writing, are the entire agreement between you and Digent LLC regarding the Services and supersede any prior or contemporaneous agreements, communications, or understandings.

21.2. Severability.

If any provision is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be enforced to the maximum extent permitted by law (subject to Section 19.4 for the class-action waiver).

21.3. No waiver; authorized representatives.

Our failure to enforce any provision is not a waiver. Any waiver of any right or any modification of these Terms must be in writing and signed by an officer of Digent LLC. Customer-support agents, contractors, sales personnel, and the like are not authorized to waive any provision of these Terms or to modify these Terms in any respect on behalf of Digent LLC. Any such purported waiver or modification is invalid unless ratified in writing by an officer of Digent LLC.

21.4. Assignment.

You may not assign or transfer these Terms or any of your rights without our prior written consent; any attempted assignment in violation of this Section is void. We may assign these Terms in connection with a merger, acquisition, reorganization, financing, or sale of assets, or to an affiliate, without your consent.

21.5. No agency; no third-party beneficiaries.

No agency, partnership, joint venture, employment, fiduciary, or franchise relationship is created by these Terms. There are no third-party beneficiaries of these Terms, except that the Indemnified Parties named in Section 13 and the persons named in Section 12 are intended third-party beneficiaries of those Sections.

21.6. Force majeure.

We are not liable for delay or failure of performance caused by events beyond our reasonable control, including acts of God, natural disaster, severe weather, pandemic, war, civil unrest, government action, internet or utility outages, third-party vendor failures (including outages of our hosting, payment-processing, or AI-model providers), supply-chain disruption, or labor disturbances. Our obligation under Section 16.1 to permit refund eligibility under the Refund Policy when we discontinue the Services in their entirety, and our obligation under any data-breach-notification law, are not excused by force majeure. Where an outage of any AI-model provider exceeds seventy-two (72) consecutive hours and prevents substantial use of an AI-feature-flagged feature for which you have paid, you are entitled to the same remedy provided in Refund § 3 for unavailability of the Services generally.

21.7. Notices.

Notices to you may be sent by email to the address on your account or by an in-product notice. Notices to us must be sent to [email protected] and to Digent LLC at the registered-agent address on file with the Florida Division of Corporations.

21.8. Headings and construction.

Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." Ambiguities will not be construed against the drafter.

21.9. Electronic signatures.

You consent to the use of electronic signatures, electronic contracts, electronic clickwrap, and electronic records to satisfy any legal requirement that a record be in writing or signed.

21.10. Export control and sanctions.

You represent that you are not located in, and will not access the Services from, a country subject to U.S. embargo, and that you are not on any U.S. Treasury Office of Foreign Assets Control ("OFAC") or other applicable sanctions list.

21.11. Anti-corruption.

You will comply with the U.S. Foreign Corrupt Practices Act and any other applicable anti-bribery, anti-corruption, and anti-money-laundering laws in connection with your use of the Services.

21.12. Compliance with laws.

You will comply with all applicable laws and regulations in your use of the Services.


22. Contact


23. Accessibility

Project College aims to make the Services usable by people with disabilities and works toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, as those guidelines are interpreted from time to time. We do not yet certify full conformance. If you encounter an accessibility barrier or need an accommodation, please email [email protected] with a description of the barrier and the page or feature involved. We will respond within ten (10) business days and work in good faith to provide an accommodation or alternative means of access. This Section is informational; it does not create a private right of action separate from those provided by applicable disability-rights law.


This document is prepared by Digent LLC for the Project College Service. It is a working draft and should be reviewed by qualified Florida counsel before any material change to the business model and at the earlier of (a) MRR exceeding $10,000, (b) the first legal demand or threat received, (c) the first reportable security incident, (d) any expansion of the Survey Program beyond a dark-launched state, or (e) any expansion outside the United States.