Terms of Service

Please read these Terms carefully. They affect your legal rights.

Section 22 contains a binding individual arbitration agreement and a waiver of your right to participate in a class action or class arbitration. You may opt out of arbitration within 30 days of first accepting these Terms by following the procedure in Section 22.7. Opting out will not affect your subscription or your use of the Service.

Section 19 limits our liability to you. Section 7 explains that we do not and cannot promise any admissions, scholarship, test score or other educational outcome.

These Terms of Service (the "Terms") form a legally binding contract between mynugen, a Delaware limited liability company with its principal place of business at 673 W Aster Ct., Chandler, AZ 85248 ("we," "us," or "our"), and you, the adult parent, legal guardian or legal custodian who creates an Account (the "Parent" or "you").

The Parent is the sole contracting party. A student who uses the Service under a Parent Account is a permitted user of that Account, not a party to these Terms and not a subscriber. Section 4 explains how this works and what the student is separately asked to acknowledge.

By clicking to accept these Terms, creating an Account, or using the Service, you confirm that you are at least 18 years old, that you have the legal capacity to enter into this contract, and that you are the parent, legal guardian or legal custodian of every student you enrol on your Account.

"Account" means the subscriber account created and controlled by the Parent, including all Student Profiles under it.

"Application Materials" means essays, personal statements, activity lists, résumés, supplemental responses and similar admissions content created by or for a Student.

"Authorised Non-Parent Caregiver" means an adult who has de facto primary care responsibility for a Student but is not the biological parent, adoptive parent, or court-appointed legal guardian, as defined in Section 3.6.

"Content" means any text, file, document, image, message or other material submitted to, generated within, or transmitted through the Service.

"Parent" means the adult account holder as described in Section 1, including an Authorised Non-Parent Caregiver admitted under Section 3.6.

"Primary Account Holder" means the adult who created the Account. All account control decisions flow from the Primary Account Holder unless changed under Section 4.6 or 4.7.

"Quaia" means mynugen’s conversational artificial intelligence feature. Quaia is software. Quaia is not a person.

"Service" means the mynugen website at mynugen.ai, the mynugen applications, Quaia, the Parent Dashboard, and all related features, content and support we make available.

"Student" means a person aged 13 to 17 whom the Parent enrols on the Account and for whom the Parent has granted consent.

"Student Profile" means the subordinate profile created by the Parent for a Student, including any login credential issued to that Student.

"Subscription" means a paid plan for the Service, as described in Section 12.

"Family Supporter" means an adult invited by a Senior Account holder (Section 3.8) to receive limited, read-only access to the Account. A Family Supporter is not a contracting party.

"Senior Account" means an Account created by or converted to an adult aged 18 or older who is pursuing undergraduate admission, as described in Section 3.8.

"Admissions Season" means the period from 1 October to 31 March of any academic year, during which the majority of US undergraduate application deadlines fall.

3.1 Parents. You may open an Account only if you are at least 18 years old, are legally able to form a binding contract, and are not barred from using the Service under the laws of your jurisdiction.

3.2 Students aged 13 to 17. The Service is designed for students in grades 9 to 12 who are aged 13 to 17. A Student may use the Service only through a Student Profile created by their own Parent on that Parent’s Account, and only after the Parent has completed the consent step described in Section 6.

3.3 Children under 13 are not permitted. MYNUGEN IS NOT DIRECTED TO, AND MAY NOT BE USED BY, ANY CHILD UNDER 13 YEARS OF AGE. WE DO NOT KNOWINGLY CREATE ACCOUNTS FOR, COLLECT PERSONAL INFORMATION FROM, OR PERMIT ANY USE OF THE SERVICE BY A CHILD UNDER 13. OUR AGE GATE IS DESIGNED TO BLOCK ENROLMENT OF ANY STUDENT WHOSE STATED DATE OF BIRTH INDICATES AN AGE BELOW 13.

If you attempt to enrol a Student under 13, the enrolment will be refused and the date of birth you entered will be retained only as a record that the attempt was blocked. If we learn that a child under 13 has been enrolled or has used the Service, we will terminate that Student Profile and delete the associated personal information promptly. You may report such a case to privacy@mynugen.ai.

3.4 Students who turn 18. When a Student reaches 18, their continued access to the Service requires their own affirmative agreement to these Terms as an independent adult user. We will notify the Parent and the Student no later than 14 days before the Student’s 18th birthday. The Student will be offered two options: (a) convert to an independent adult account in their own name, subject to a new agreement with us; or (b) continue under the Parent Account with their own affirmative acceptance of these Terms. If the Student does not make an election within 30 days of turning 18, their Student Profile will be suspended and their access to the Service will end. The Parent Account continues unaffected. A suspended Student Profile may be reactivated at any time by the Student entering into a direct agreement with us. Application Materials remain available for export for 30 days after suspension. A Student’s 18th-birthday notification will include a plain-language summary of both options and a link to the relevant acceptance flow.

3.5 Geography. At launch the Service is offered only to residents of the United States. We do not represent that the Service is appropriate or available in any other territory. If you access the Service from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

An adult who is not the biological parent, adoptive parent, or court-appointed legal guardian of a Student, but who has de facto primary care responsibility for that Student (such as a grandparent, adult sibling, aunt, uncle, or foster caregiver), may create an Account on behalf of that Student as an Authorised Non-Parent Caregiver, subject to the following conditions: they are aged 18 or over and legally able to form a binding contract; they make the attestations in Section 6.1(i) through 6.1(v), adapted to their relationship with the Student; they additionally attest that (i) they are the primary adult responsible for the Student’s day-to-day care and educational decisions, (ii) no parent or court-appointed guardian of the Student has refused consent for the Student to use this Service, and (iii) they will notify us promptly at legal@mynugen.ai if their care arrangement with the Student changes or ends; and they understand that if a parent or court-appointed guardian later establishes a competing claim to the Account under Section 4.6, the outcome will be determined by reference to the legal custody position, which may supersede their control of the Account.

An Authorised Non-Parent Caregiver holds the same rights, bears the same obligations, and assumes the same liability, including the full indemnification in Section 20, as a Parent under these Terms.

Where a Student is in the care of a local, state or federal government authority, and that authority acts as legal guardian, an authorised officer of that authority may create an Account on behalf of the Student, subject to submission to legal@mynugen.ai of documentation confirming the authority’s guardianship status. The authority holds the same rights and bears the same obligations as a Parent under these Terms. We will treat a valid government-issued letter or court appointment document as sufficient confirmation of guardianship status for the purposes of Section 6.1.

3.8.1 Who can create a Senior Account. Any person who is aged 18 or older and is actively pursuing undergraduate college admission in the United States may create a Senior Account without parental involvement. An 18-year-old senior is the Primary Account Holder of their own account and the sole contracting party under these Terms. A parent is not required and cannot be forced onto a Senior Account. A person under 18 may not create a Senior Account; they must be enrolled through a Parent Account under Sections 3.1 to 3.7. A person who has already been accepted to and enrolled at a college or university as a full-time student may not create a new Senior Account but may convert or close an existing one under Section 17.1.

3.8.2 The Family Supporter role (optional). A Senior Account holder may invite up to two Family Supporters, typically a parent, guardian or trusted adult, via email invitation from the Account settings. A Family Supporter is not a contracting party and has no account control rights. They receive view-only access, at a level chosen by the Senior Account holder: Progress view (the default if invited) shows readiness indicators, application deadlines, college list and task completion status, with no essays, test scores or Quaia activity; Essay access, which the student must grant, adds Application Material drafts the student has saved, but not Quaia conversations; and Full profile view, which the student must grant, adds academic profile data (grades, test scores, activities), but still not Quaia conversations. A Senior Account holder may revoke any Supporter’s access at any time with immediate effect, without notice to the Supporter. Quaia conversation transcripts are never accessible to a Family Supporter, regardless of what access level is granted, and this is a permanent product commitment for Senior Accounts. A Family Supporter who was previously a Parent on a converted 13-17 account retains whatever access level the now-adult student assigns them, and loses any prior dashboard rights held as a Parent Account holder.

3.8.3 Billing on a Senior Account. The Senior Account holder is the default billing party and is responsible for all subscription fees. The Senior Account holder may designate a Family Supporter as the billing payer, which grants that Supporter the ability to update payment details and view billing history only; it does not grant any additional dashboard access, and is separate from the access levels in Section 3.8.2. If the designated billing payer’s payment method fails and cannot be updated, the Senior Account holder is personally responsible for the outstanding amount regardless of who was designated as billing payer. We will suspend access if fees remain unpaid after notice, as described in Section 12.

3.8.4 Admissions Season Protection: mid-subscription transition from a Parent Account. This subsection applies to students who signed up at age 13 to 17 under a Parent Account and turn 18 while still in high school and mid-subscription. Where a Student on a Parent Account turns 18 between 1 October and 31 March of any year, the peak college admissions season, the 30-day election window in Section 3.4 is automatically extended to 30 April of that year. During this extended window, the Student’s access to the Service continues without interruption on the existing terms, the Parent Dashboard continues to function as before, and no suspension occurs. On or before 30 April, the Student must make one of the elections in Section 3.4. If no election is made by that date, the Account automatically converts to a Senior Account, the parent loses Parent Dashboard access, billing transfers to the student unless the student designates the parent as billing payer within 7 days of conversion, and the student receives 14 days’ notice before the automatic conversion takes effect. Where a Student turns 18 between 1 April and 30 September, the standard 30-day election window in Section 3.4 applies without extension.

3.8.5 Applicable Terms for Senior Accounts. All provisions of these Terms apply to Senior Account holders except: the parental consent requirements in Section 6, which do not apply since the holder is themselves an adult; the Parent Dashboard provisions in Sections 4.3 and 4.4, replaced by the Family Supporter model in Section 3.8.2; and Section 3.4, which governs the transition into a Senior Account rather than conduct within one. The indemnification in Section 20, the liability cap in Section 19, the arbitration clause in Section 22, and the academic integrity obligations in Section 8 all apply in full to Senior Account holders personally.

4.1 One Account, one contracting adult. The Parent holds the Account, controls it, pays for it, and may end it. All Student Profiles are subordinate to the Account. A Student cannot create an Account, cannot purchase or change a Subscription, cannot alter consent settings, and cannot enrol another user.

4.2 Credentials. You are responsible for keeping your Account credentials confidential and for all activity that occurs under your Account, except activity resulting from our own failure to maintain reasonable security. You agree to notify us at support@mynugen.ai promptly if you believe your credentials have been compromised. We will issue a separate credential to each Student so that Students do not share the Parent login. Student credentials are delivered via a secure invitation email as described in Section 4.2A.

4.3 What the Parent can see. Through the Parent Dashboard you can see: the Student’s college list, saved programmes and stated preferences; readiness indicators, task lists, deadlines and application progress; Application Materials the Student has saved or uploaded, including drafts; a record of when the Student used the Service and for how long, and topic-level summaries of Quaia sessions; any safety escalation raised under Section 16; and billing, consent and account history. By default, the Parent Dashboard does not display the verbatim transcript of a Student’s conversations with Quaia. This is a deliberate product decision: a student who believes every word is being read will not raise the subjects on which guidance matters most.

4.4 The Parent’s right to the full record. Your right as a parent to obtain the personal information we hold about your child is not limited by Section 4.3. On request through the Parent Dashboard or to privacy@mynugen.ai, and following identity verification, we will provide the complete Quaia conversation record for a Student on your Account within 30 days. We will inform the Student that the request was made and fulfilled, unless a trained mynugen safety reviewer determines, following our published safety protocol, that notification would create a credible and specific risk of harm to the Student. Any such determination is logged with the reviewer’s name, the applicable reason code, and the date of the determination; reviewed for continued applicability at intervals of no more than 30 days; and reversed as soon as the safety concern is resolved, at which point the Student is notified retroactively. The Privacy Policy sets out this process, the verification standard and the response timescale. We do not charge for this request, we do not require a reason, and we do not attempt to talk you out of it.

4.5 The Student’s acknowledgement. Before first use, each Student is shown the Teen & Parent Privacy Notice and the Academic Integrity Policy in plain language and is asked to acknowledge them. That acknowledgement is not a contract with the Student and we do not treat it as one. It exists so that the Student knows what the Service is, what Quaia is, who can see what, and what the Student must not do. The Parent remains responsible under these Terms for use of the Account, subject to Section 4.2.

Where you provide a Student’s email address during Account setup, we will send a one-time invitation email to that address containing: a plain-language description of the Service and the Student’s role within it; a link to the Teen & Parent Privacy Notice; temporary login credentials enabling the Student to access the Service; a clear statement that the Student is interacting with an AI system (Quaia) and that Quaia is not a human counselor; and instructions to set a personal password on first login.

The Student’s first login constitutes their acknowledgement under Section 4.5. Temporary credentials are valid for [TEMP CREDENTIAL VALIDITY PERIOD] and are permanently invalidated on first use. A Student who has not used their invitation within that period must request a new one from their Parent through the Parent Dashboard.

We will not send marketing communications to a Student’s email address, and we will not use it for any purpose other than operating the Service and delivering safety communications.

The Primary Account Holder holds all Account rights and controls all Account settings. Where two or more adults claim competing rights over the Account or over a Student enrolled on it, whether arising from divorce, separation, dissolution of a domestic partnership, a change in custody arrangements, or any other circumstance, the following applies: mynugen will continue to take instructions from the Primary Account Holder pending resolution; a competing claimant may request a change of Primary Account Holder status by submitting to legal@mynugen.ai a certified copy of a current court order establishing that person’s sole or primary legal custody or guardianship of the Student; where conflicting instructions are received simultaneously from two adults both claiming account rights, and no court order has been submitted, mynugen may suspend access to the Account, including the Student’s access, until a court order or a written agreement signed by both parties is submitted; mynugen is not a party to any custody or family law proceeding and will not respond to requests, subpoenas or attorney letters that seek to adjudicate competing parental claims, other than by complying with a validly issued court order directed to mynugen; and mynugen bears no liability for acting in good faith on instructions from the Primary Account Holder before a competing claim is received and verified.

If the Primary Account Holder dies or loses legal capacity to manage the Account: any court-appointed guardian, executor of the estate, or person with legal authority over the Student’s welfare may request transfer of Account control by submitting to legal@mynugen.ai a certified copy of the death certificate or declaration of incapacity of the Primary Account Holder, and the court order, letters of administration, or other instrument establishing that person’s authority; we will verify the documentation and transfer Primary Account Holder status within 10 business days of receiving complete documentation; during the period between the Primary Account Holder’s death or incapacity and the transfer of Account control, the Student’s access to the Service continues on the same terms, and we will not take account-level instructions, including cancellation, deletion, or consent changes, from any person who has not established authority under this Section; and if we are notified of a Primary Account Holder’s death but no successor authority is established within 60 days, we will suspend the Account and retain the data for 12 months to allow time for a guardian to be appointed, before initiating the deletion process in the Privacy Policy.

A Parent (or a Senior Account holder, under Section 3.8) may grant read-only access to the Service for a school counselor, independent college counselor, or other educational advisor (an "Advisor"), from the Account settings in the Parent Dashboard. Advisor access is subject to the following conditions: Advisor access is granted solely at the Parent’s discretion and risk, and the Parent warrants that they have the right to share the Student’s Account information with the Advisor; an Advisor has access to the same views as a Parent under Section 4.3, including college list, progress indicators, Application Materials and drafts, readiness data and deadlines, but may not request the full Quaia conversation record under Section 4.4; an Advisor is not a party to these Terms and has no independent rights under them, and all obligations to mynugen arising from the Advisor’s use of access remain with the Parent; mynugen does not verify, endorse, credential, supervise, or take any responsibility for any advice given by an Advisor using access to the Account, and the Parent assumes full responsibility for any advice given; Advisor access may be revoked by the Parent at any time with immediate effect, and we will automatically revoke Advisor access if the Account is terminated or if the Student’s profile is deleted; and an Advisor granted access must not share Account information with any third party, must use it solely for the purpose of advising the specific Student, and must not use it to market services to the Student or family.

If an Advisor misuses access, the resulting liability rests with the Parent under the indemnification in Section 20, not with mynugen. We may revoke Advisor access at any time without notice if we have reason to believe access is being misused.

4.9.1 Accepted guardianship documentation. Where any provision of these Terms requires submission of documentation to establish guardianship, legal custody or parental authority, we accept: for a biological or adoptive parent, a birth certificate, adoption order, or passport showing the parent-child relationship; for a court-appointed legal guardian, letters of guardianship or a court order appointing the guardian, dated within 12 months or confirmed as current; for a legal custodian, a custody order, parenting plan, or court decree specifying legal custody rights; for a foster carer or state care authority, a foster care placement agreement or government authority letter on official letterhead; and for an executor or estate authority, letters testamentary, letters of administration, or a death certificate plus court appointment. All documentation must be submitted to legal@mynugen.ai. We will verify and respond within 5 business days for standard requests and 2 business days for requests marked urgent. We do not accept screenshots, photographs of documents, or unverified digital copies unless accompanied by a notarized statement of authenticity.

4.9.2 Changes in guardianship during an active subscription. If legal guardianship of a Student changes during an active subscription, the outgoing Primary Account Holder or the new guardian must notify us at legal@mynugen.ai within 14 days of the change becoming effective, accompanied by the relevant court order or documentation under Section 4.9.1. During the transition period between notification and verified transfer of Account control, the Student’s access to the Service continues, the outgoing Account Holder’s access is suspended pending verification, and we will not action account-level instructions from any party until the transfer is verified.

4.9.3 Emergency guardianship situations. Where a Student’s safety or welfare requires immediate account access by a new guardian and there is insufficient time to complete the standard verification process, a person claiming emergency guardianship may contact safety@mynugen.ai with the subject line "Emergency Guardianship." We will assess the request within 4 business hours, grant temporary read-only access to Application Materials and progress data only pending full verification, require full documentation under Section 4.9.1 within 7 days of the emergency access grant, and revoke emergency access if documentation is not provided within that period. Emergency guardianship access does not grant access to Quaia conversation transcripts, which require the full verification process under Section 4.4 regardless of the circumstances.

4.9.4 International guardianship. At launch, the Service is available only to US residents (Section 3.5). Where a guardian holds authority established by a court outside the United States, we require either a US court’s recognition of that foreign order, or a letter from a US-licensed attorney confirming the foreign order’s validity and applicability in the relevant US state. International guardianship documentation that does not meet this standard will not be accepted pending counsel review.

mynugen provides software-based guidance and organisational tools for the United States undergraduate admissions process, including: Quaia, a conversational AI feature that answers questions about admissions, helps a Student think through choices, and offers feedback on drafting; college discovery and list-building tools; deadline, task and application progress tracking; feedback on Application Materials in the form of comments and suggestions, subject to Section 8; the Parent Dashboard, consent controls and account management; and educational reference content about the admissions process.

QUAIA IS AN ARTIFICIAL INTELLIGENCE SYSTEM. QUAIA IS NOT A HUMAN BEING, NOT A LICENSED SCHOOL COUNSELOR, NOT A LICENSED THERAPIST OR MENTAL HEALTH PROFESSIONAL, NOT AN ADMISSIONS OFFICER, AND NOT A LAWYER, PHYSICIAN OR FINANCIAL ADVISER. QUAIA CAN BE WRONG. IT CAN MISREAD CONTEXT, RELY ON OUT-OF-DATE INFORMATION, AND STATE INCORRECT THINGS CONFIDENTLY. EVERY MATERIAL FACT QUAIA GIVES YOU, INCLUDING DEADLINES, REQUIREMENTS, POLICIES, COSTS AND ELIGIBILITY, MUST BE VERIFIED AGAINST THE RELEVANT COLLEGE OR OFFICIAL SOURCE BEFORE YOU RELY ON IT.

The AI Disclosure Notice sets out in full what Quaia can and cannot do, its known limitations, and our published safety protocol. That Notice is incorporated into these Terms.

5.2 Changes to the Service. We may add, change, suspend or withdraw features. Where a change materially reduces the core functionality of a paid Subscription, we will give you at least 30 days’ notice by email and you may cancel under Section 12.

5.3 Availability. We do not promise that the Service will be uninterrupted or error-free. We may take the Service down for maintenance, and we will try to schedule planned downtime outside peak admissions deadlines.

Before a Student may use the Service, you must complete the consent step. This consists of five individual affirmative actions, each completed separately: (i) confirming that you are the biological parent, adoptive parent, legal guardian, legal custodian, or Authorised Non-Parent Caregiver of this Student, and that you have the legal authority to grant consent for the collection and processing of this Student’s personal information; (ii) confirming that no court order, custody arrangement or other legal instrument of which you are aware restricts your right to enrol this Student on a third-party digital service or to consent to the collection of their personal information; (iii) confirming that the date of birth you have entered for this Student is accurate to the best of your knowledge, and that providing a false date of birth to circumvent the age gate is a material breach of these Terms; (iv) confirming that you understand Quaia is an AI system, not a human counselor, that Quaia’s outputs may be inaccurate, that you are responsible for verifying all material facts before relying on them, and that you have read Section 5 and Section 7; and (v) confirming that you understand mynugen’s liability is capped at the amounts paid in the preceding 12 months or USD 100, whichever is greater (Section 19), and that you agree to indemnify mynugen for third-party claims arising from your or your Student’s use of the Service (Section 20).

Providing false information in this consent step is a material breach of these Terms, voids the consent, and may constitute fraud. We record each attestation with a timestamp, the version of each policy shown, the IP address of the device used, and the Student Profile identifier.

We record each consent with the date, time, the version of each policy shown to you, and the identifier of the Student Profile it relates to. This record is retained for the period stated in the Privacy Policy.

You may withdraw consent at any time from the Parent Dashboard or by writing to privacy@mynugen.ai. Withdrawal ends that Student’s access to the Service and triggers the deletion process described in the Privacy Policy. Withdrawal does not by itself cancel your Subscription, but does entitle you to a pro-rated refund for the unused portion of the current billing period under Section 12.5(v).

Where a Student is 13 or older and applicable state law gives the Student their own consent right over processing that is not strictly necessary to provide the Service, we will seek that consent from the Student in addition to yours, and we will not treat a refusal by the Student as a reason to degrade the Service or change its price.

We reserve the right, at any time, to request documentary evidence of your parental or guardianship status in relation to any Student on your Account, including a birth certificate, adoption order, court order, or guardianship certificate. We will make such a request where we receive a complaint, a regulatory inquiry, or information that calls into question the validity of the consent given.

If documentary evidence is not provided within 14 days of a written request from us, we may suspend the Student’s access pending resolution and, if the claim cannot be substantiated, terminate the Account. We will not make routine verification requests except on the grounds above.

By enrolling a Student and completing the consent step in Section 6, you make the following warranty to mynugen, which survives the termination of these Terms: all academic information entered into the Service, including grade point averages, class rank, standardised test scores, AP and IB results, coursework, and extracurricular activities, is accurate, complete and truthful to the best of your knowledge; any test scores entered reflect scores that have been earned by the Student and reported in accordance with the relevant testing organisation’s policies, and you have not entered fabricated, estimated, or aspirational scores as if they were achieved scores; all biographical information about the Student, including school name, grade level, and date of birth, is accurate; you will update inaccurate profile information promptly if you become aware that it is wrong; and you understand that mynugen’s college matching, readiness scoring, and Quaia guidance are based entirely on information you provide, and that inaccurate information produces guidance that is of no value and potentially misleading to the Student.

A deliberate or reckless misrepresentation in any profile data is a material breach of these Terms and a trigger for the indemnification in Section 20. We are not responsible for the accuracy of any Quaia output or college match that is based on inaccurate data you have provided.

You acknowledge and agree that: each college, university, and scholarship programme to which the Student applies may have its own policy on the use of artificial intelligence in the preparation of applications, including requirements to disclose AI assistance, prohibitions on AI-generated text, and certification requirements that the application represents the applicant’s own work; these institutional policies differ between institutions, may change between admissions cycles, and are solely the responsibility of each institution to communicate and enforce; you and the Student are solely responsible for reading, understanding and complying with each institution’s AI-use and academic integrity policies before submitting any Application Material; mynugen does not monitor institutional policy changes, does not represent that any Application Material produced with the Service’s assistance complies with any institution’s policy, and does not guarantee compliance; if an institution determines that a submitted Application Material violates its policies, that determination is the institution’s alone, and mynugen bears no responsibility for any consequence, including rejection, rescission, or disciplinary action; and you will not use any feature of the Service in a way that is intended to circumvent, conceal, or misrepresent AI involvement in violation of any institution’s disclosed requirements.

MYNUGEN DOES NOT GUARANTEE, PREDICT OR PROMISE ADMISSION TO ANY COLLEGE OR UNIVERSITY, ANY SCHOLARSHIP OR FINANCIAL AID AWARD, ANY TEST SCORE, ANY GRADE, ANY WAITLIST OUTCOME, ANY TRANSFER OUTCOME, OR ANY OTHER EDUCATIONAL, FINANCIAL OR CAREER RESULT.

ADMISSIONS DECISIONS ARE MADE SOLELY BY COLLEGES AND UNIVERSITIES ACCORDING TO CRITERIA THEY CONTROL AND DO NOT DISCLOSE IN FULL. NOTHING IN THE SERVICE, IN ANY QUAIA OUTPUT, IN ANY READINESS SCORE OR MATCH INDICATOR, OR IN ANY MYNUGEN MARKETING, IS A PREDICTION OR ASSURANCE OF ANY RESULT.

ANY READINESS SCORE, FIT RATING, MATCH PERCENTAGE OR SIMILAR INDICATOR IS AN INTERNAL ORGANISATIONAL AID BASED ON INFORMATION YOU SUPPLY. IT IS NOT AN ESTIMATE OF ADMISSION PROBABILITY AND MUST NOT BE READ AS ONE.

The No-Outcome Disclaimer is incorporated into these Terms and governs what we and our personnel may say about results in every channel, including testimonials and endorsements.

The Academic Integrity Policy is incorporated into these Terms and binds the Account.

8.1 What Quaia will not do. Quaia is configured not to write a Student’s Application Materials for them. Quaia will discuss ideas, ask questions, comment on structure, clarity, specificity and grammar, and identify weaknesses. Quaia is designed to decline requests to generate a complete essay, personal statement or supplemental response for submission as the Student’s own work.

8.2 What you and the Student must do. Every Application Material submitted to a college must be substantially the Student’s own original work. You and the Student must read and follow each college’s own policy on the use of artificial intelligence in applications, including any requirement to disclose AI assistance. Neither you nor the Student may present AI-generated text as the Student’s own writing where the receiving institution prohibits or requires disclosure of that assistance.

MYNUGEN DOES NOT PERFORM PLAGIARISM DETECTION, AI-AUTHORSHIP DETECTION, OR ANY CHECK OF WHETHER A PARTICULAR COLLEGE’S ACADEMIC POLICY HAS BEEN MET. WE DO NOT REVIEW APPLICATION MATERIALS FOR ACADEMIC MISCONDUCT AND WE DO NOT CERTIFY ANY SUBMISSION AS COMPLIANT.

Consequences imposed by a college for academic misconduct, including rejection, rescission of an offer, disciplinary action or expulsion, are decisions of that institution. Section 19 and Section 20 govern the allocation of responsibility between us in relation to such consequences.

9.1 Ownership. As between you and us, you and the Student retain all ownership of Application Materials and other Content submitted to the Service. We claim no ownership of it.

9.2 The licence. You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display and process Content solely to the extent necessary to operate, secure and support the Service for you, to comply with law, and to enforce these Terms. This licence ends when the Content is deleted under the retention schedule in the Privacy Policy, save for backup copies pending scheduled purge and any copy we are legally required to retain.

9.3 Artificial intelligence training: what we exclude. STUDENT ESSAYS AND OTHER APPLICATION MATERIALS, QUAIA CONVERSATION CONTENT, ACADEMIC RECORDS AND SCORES, AND ANY OTHER PERSONAL INFORMATION OF A STUDENT ARE EXPRESSLY EXCLUDED FROM: (a) training, fine-tuning or evaluation of any foundation model or general-purpose large language model, whether ours or a third party’s; (b) any commercial artificial intelligence dataset or data product; (c) any training dataset of any vendor, model provider, subprocessor or other third party; (d) any external artificial intelligence model or system; and (e) sale, licensing or disclosure to any third party for that party’s own artificial intelligence development.

We may improve the Service using aggregated and de-identified statistics, de-identified in accordance with the standard in California Civil Code § 1798.140(m). We will not attempt to re-identify such data or permit others to do so. We contractually require every model provider we use to process our inputs and outputs solely to return a response to us, and not to train on them or retain them beyond the contracted abuse-monitoring period stated in the Privacy Policy.

9.4 Responsibility for Content. You confirm that Content submitted under your Account does not infringe any third party’s intellectual property or privacy rights, is not unlawful, and does not contain sensitive personal information about third parties that you are not entitled to share.

9.5 Feedback. If you send us suggestions about the Service, we may use them without restriction or obligation to you. Feedback is not confidential and is not Content for the purposes of Section 9.3.

The Service, including the mynugen and Quaia names and marks, the software, interfaces, prompts, model configurations, curated content, college data compilations and design, is owned by us or our licensors and is protected by intellectual property law.

We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Service for personal, non-commercial admissions purposes for the duration of your Subscription. You may authorise each Student enrolled on your Account to use the Service within the scope of that licence and subject to these Terms. A Student’s access is a sub-authorisation under your licence, not an independent licence from us, and it ends when your licence ends, when you withdraw it, or when the Student’s profile is suspended or terminated.

You may not, and may not permit any person to: copy, modify, translate or create derivative works of the Service; reverse engineer, decompile or attempt to extract source code, model weights, system prompts or training data; use automated means to scrape or harvest the Service; resell, sublicense or provide the Service as a service to others; or remove any proprietary notice.

mynugen™ and Quaia™ are unregistered trade marks claimed by us. Nothing in these Terms grants you any right to use them.

You agree that neither you nor any Student on your Account will: provide false information, including a false date of birth, a false parental relationship, or falsified academic information; use the Service to produce Application Materials that misrepresent the Student’s own work, in breach of the Academic Integrity Policy; share Account credentials with anyone outside your household, or permit any person who is not an enrolled Student to use the Service; use the Service on behalf of, or to provide services to, any other family, student, counselling business, tutoring company or educational institution without a separate written agreement with us; attempt to circumvent the age gate, the consent flow, usage limits, or any security or safety control; attempt to induce Quaia to produce content that is unlawful, sexually explicit, harassing, hateful, or that encourages self-harm or violence, or to bypass its safety configuration by any means including prompt injection; upload malware, probe or test the vulnerability of the Service without our prior written permission, or interfere with its operation; use the Service to collect personal information about other people, or to contact or solicit other users; or use the Service in violation of any applicable law, or of the terms of any college, testing organisation or application platform.

If you become aware of a breach of this Section on your Account, tell us at support@mynugen.ai.

The following additional acceptable use rules apply to all test score data entered into the Service: (a) accuracy of scores — academic test scores, including SAT, ACT, PSAT, AP, IB, TOEFL, IELTS and similar scores, entered into the Service are self-reported and not independently verified by mynugen, and you warrant that all test scores entered are actual scores earned by the Student, reported accurately and in accordance with the relevant testing organisation’s rules; (b) testing organisation terms — you and the Student remain bound by the terms and conditions of each testing organisation whose scores are entered into the Service, including College Board’s Terms of Service, ACT’s Terms and Conditions, and equivalent documents, and mynugen is not responsible for, and is not a party to, any obligation between the Student and any testing organisation; (c) no score sharing violations — you may not enter, upload or use within the Service any test content, questions, answer keys or other testing material that is subject to confidentiality obligations owed to a testing organisation, and using the Service to reproduce, analyse, or discuss restricted test content in violation of a testing organisation’s non-disclosure requirements is a breach of Section 11 and this Section; (d) estimated and target scores — if you enter estimated, projected, or target test scores, you must clearly mark them as estimated in the profile, and entering a target score as an achieved score is a misrepresentation under Section 6A and a breach of these Terms; and (e) score updates — you agree to update test score entries promptly when final official scores are received, where a previously entered estimate differs materially from the official result.

Entering inaccurate, falsified or unverified test scores is a material breach of these Terms and a trigger for the indemnification in Section 20. We are not responsible for any college matching, readiness score or Quaia guidance generated on the basis of inaccurate test data you have provided.

12.1 Plans and prices. Current plans, prices, billing frequencies and any promotional or trial terms are shown at the point of purchase. Prices are in US dollars and exclude taxes unless stated. We may change prices for future billing periods on at least 30 days’ notice by email; the change takes effect at your next renewal and you may cancel before then.

YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT PRICE, UNTIL YOU CANCEL. YOU MAY CANCEL AT ANY TIME.

12.4 Cancelling. You may cancel at any time, online, without speaking to anyone and without any retention step you cannot skip. Cancellation is available from the Parent Dashboard through a clearly labelled "Cancel subscription" control. You may also cancel by emailing support@mynugen.ai. Cancellation stops future charges. Your Subscription continues until the end of the billing period you have already paid for.

12.5 Refunds. SUBSCRIPTION FEES ARE NON-REFUNDABLE. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR PARTIAL BILLING PERIODS, FOR PERIODS IN WHICH YOU DID NOT USE THE SERVICE, OR ON CANCELLATION. This Section does not limit any refund right you have under applicable law that cannot be waived, and does not apply to: (i) a charge made in error, a duplicate charge, or a charge made after a valid cancellation; (ii) a period during which the Service was materially unavailable due to our fault; (iii) a cancellation you make following our notice of a material adverse change under Section 5.2 or a price increase under Section 12.1, in which case we will refund the unused portion of any period you have prepaid; (iv) any right of withdrawal, cooling-off right or statutory refund right applicable in your jurisdiction; or (v) withdrawal of consent for a Student under Section 6, in which case we will refund a pro-rated portion of any prepaid Subscription fee corresponding to the unused days in the current billing period from the date of withdrawal.

12.6 Payment processing. Payments are processed by our payment processor. We do not store full payment card numbers. If a payment fails, we may retry it and may suspend access until the amount is paid.

12.7 Taxes. You are responsible for any sales, use or similar taxes arising from your Subscription, other than taxes on our income.

Our Privacy Policy explains what personal information we collect, why, who we share it with, how long we keep it, and the rights you and the Student have. The Teen & Parent Privacy Notice explains the same things in plain language. Both are incorporated into these Terms. In the event of a conflict between these Terms and the Privacy Policy on a privacy matter, the Privacy Policy governs.

We do not sell personal information. We do not share it for cross-context behavioural advertising. We do not permit targeted advertising to Students, and we do not place third-party advertising or social media tracking tags on any page where a Student is identifiable.

The Service may link to or interoperate with third-party websites, college application platforms and services we do not control. We are not responsible for their content, practices or availability. Information about colleges, deadlines, requirements, costs and financial aid is compiled from public and third-party sources and can be incomplete or out of date. Verify it with the institution before relying on it.

Mynugen is not an educational institution, educational agency, or local educational authority within the meaning of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, or its implementing regulations at 34 C.F.R. Part 99. mynugen does not receive funds under any program administered by the US Department of Education.

The Service does not create, maintain, receive or process "education records" as defined by FERPA. Information entered into the Service by a Parent or Student, including academic profile data, test scores, and Application Materials, is provided voluntarily by users and is not received by mynugen from an educational institution. The legal bases for our data processing are set out in the Privacy Policy, not in FERPA.

Nothing in these Terms, the Privacy Policy, or any other mynugen document: creates any FERPA right or obligation for any user; constitutes a FERPA-compliant transfer of education records from any school or institution; makes mynugen a "school official" under FERPA for any purpose; or supersedes any FERPA rights a Parent or Student may have against any school, college, or university.

Parents and Students who believe they have FERPA rights in relation to records held by a school, college, or university should direct those rights to the relevant institution, not to mynugen. We have no access to official academic records held by any educational institution and we cannot act on FERPA requests directed to those institutions.

Similarly, the Service is not subject to the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, or Title II of the Americans with Disabilities Act in the capacity of an educational institution. These statutes may impose obligations on schools; they do not independently impose the same obligations on mynugen.

The Service provides general educational information and organisational tools. It does not provide, and must not be relied on as, professional advice of any kind, including: school counselling or licensed educational counselling; mental health, psychological or therapeutic care; legal, immigration, tax or financial advice; or medical advice of any kind. For decisions that matter, consult a qualified professional.

MYNUGEN IS NOT AN EMERGENCY SERVICE, A CRISIS LINE, OR A MONITORING SERVICE. DO NOT USE THE SERVICE TO REPORT OR SEEK HELP FOR AN EMERGENCY. IF SOMEONE IS IN IMMEDIATE DANGER, CALL 911. IF YOU OR A STUDENT ARE THINKING ABOUT SUICIDE OR SELF-HARM, CALL OR TEXT 988 (SUICIDE & CRISIS LIFELINE) OR TEXT HOME TO 741741 (CRISIS TEXT LINE).

Quaia is configured to recognise expressions of distress, suicidal ideation, self-harm, abuse and similar risk, to respond supportively, to decline to provide harmful content, and to surface crisis resources. Certain conversations are flagged for human review under our published safety protocol.

These systems are automated and imperfect. They will not detect every situation and do not constitute monitoring, supervision, clinical assessment or a duty of rescue. We do not promise to detect any particular risk, and nothing in this Section creates a duty of care beyond that imposed by law.

17.1 By you. You may cancel your Subscription at any time under Section 12.4, and may close your Account and request deletion at any time under the Privacy Policy.

17.2 By us. We may suspend or terminate your Account or a Student Profile, with notice where practicable, if: you materially breach these Terms and, where the breach is capable of remedy, do not remedy it within 14 days of notice; we reasonably believe the Account is being used unlawfully or fraudulently; we discover that an enrolled Student is under 13; payment fails and remains unpaid after notice; or we are required to do so by law or cease to offer the Service. Where we terminate for a reason other than your breach or unlawful conduct, we will refund the unused portion of any prepaid period.

17.3 Effect of termination. On termination, access ends and the retention and deletion process in the Privacy Policy applies. We will make Application Materials available for export for 30 days after termination, unless termination was for unlawful conduct or we are legally prohibited from doing so.

If we suspend or terminate your Account or a Student Profile, you may appeal by writing to legal@mynugen.ai within 14 days of the notice of suspension or termination. We will review your appeal and respond within 5 business days. If your appeal is successful, access will be restored as of the date of suspension. While an appeal is pending, we will reinstate access on an interim basis unless the suspension was for safety concerns, unlawful conduct, or non-payment of amounts due.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ANY OUTPUT OF QUAIA OR ANY INFORMATION ABOUT ANY COLLEGE WILL BE ACCURATE, CURRENT OR COMPLETE, OR THAT DEFECTS WILL BE CORRECTED.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MYNUGEN NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR EDUCATIONAL OR CAREER OPPORTUNITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED US DOLLARS (USD 100).

We are not liable for: a failure to gain admission to any institution; any admissions, scholarship, financial aid or transfer decision; the accuracy of any Quaia output or college information; a college’s determination that an Application Material breached its academic policy; or the acts of any third party.

19.1 What is not excluded. Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; or any liability that cannot lawfully be excluded or limited.

You agree to defend, indemnify and hold harmless mynugen and its members, managers, officers, employees and agents from and against any third-party claim, and any resulting loss, liability, damages, cost or reasonable legal fee, to the extent arising out of: (a) your breach of these Terms, the Academic Integrity Policy or Section 11; (b) Content submitted under your Account that infringes a third party’s intellectual property or privacy rights; (c) your or a Student’s violation of applicable law or of an institution’s policies, including any academic integrity or AI-use policy; (d) your enrolment of a Student for whom you are not the parent, legal guardian, legal custodian or Authorised Non-Parent Caregiver, or your provision of a false date of birth or false academic information; (e) your failure to adequately supervise a Student’s use of the Account, including any Student conduct in breach of Section 11 or the Academic Integrity Policy; and (f) any claim by a college, university, testing organisation or application platform arising from Application Materials submitted in connection with a Student enrolled on your Account, including any academic misconduct determination, rejection, rescission, or disciplinary proceeding.

This Section does not apply to the extent a claim arises from our own negligence, wilful misconduct or breach of these Terms. We will notify you promptly of any claim, allow you to control the defence with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle any claim in a way that imposes an obligation or admission on us without our written consent.

By creating an Account and enrolling a Student, you accept an ongoing duty to: (a) supervise account use, monitoring your Student’s use of the Account at a level appropriate to the Student’s age and maturity; (b) review Application Materials the Student intends to submit before submission — after submission to any institution, mynugen has no visibility into how Application Materials are used, and all responsibility for their content and compliance rests with you and the Student; (c) ensure the Student has read and understood the Academic Integrity Policy incorporated into these Terms, and is using the Service in compliance with it (the Student’s acknowledgement under Section 4.5 is not a substitute for your supervision); (d) ensure that neither you nor the Student uses the Service in violation of Section 11, recognising that mynugen’s safety and moderation systems are automated and imperfect and do not replace your supervision; (e) verify all material information about colleges, deadlines, requirements, costs, and financial aid directly with the relevant institution before the Student relies on it, since Quaia’s outputs are a starting point for research, not a substitute for it; and (f) keep your contact details, email address, and the Student’s profile information accurate and up to date, since safety notifications and important account communications are sent to the email address on your Account.

The duty of supervision in this Section is a material obligation under these Terms. A failure to supervise that results in a third-party claim against mynugen is a trigger for the indemnification in Section 20(e). The existence of this duty does not transfer to mynugen any responsibility for the Student’s conduct that properly rests with the Parent; it affirms and documents that responsibility.

We will send legal notices to the email address on your Account, and you agree that electronic notice satisfies any legal requirement that notice be in writing. Keep your email address current. You may send notices to us at legal@mynugen.ai and at 673 W Aster Ct., Chandler, AZ 85248, Attention: Legal.

PLEASE READ THIS SECTION CAREFULLY. It requires most disputes to be resolved by binding individual arbitration instead of in court, and waives your right to a jury trial and to participate in a class or representative action. You may opt out under Section 22.7.

22.1 Talk to us first. Before starting arbitration, the party asserting a claim must send a written Notice of Dispute to the other party. If you are sending notice, send it to legal@mynugen.ai. If we are sending notice, we will send it to the email address on your Account. The Notice must state: the sender’s name and Account email address; a description of the dispute and the facts giving rise to it; the specific relief sought, including a dollar amount where applicable; and the sender’s willingness to negotiate in good faith. The receiving party will acknowledge receipt within 10 business days. For 60 days after the Notice is received, both parties will negotiate in good faith. Either party may request one individual videoconference settlement conference during this period, which the other party agrees to attend. Any settlement offer made during this period is confidential and inadmissible in any later proceeding. This 60-day period is a condition precedent to arbitration, and any applicable limitations period is tolled throughout it.

22.2 Agreement to arbitrate. If the dispute is not resolved, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service, including its formation, breach, termination, enforceability or validity, will be resolved exclusively by final and binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures and Consumer Minimum Standards, as applicable. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

22.3 Exceptions. This Section does not apply to: any claim that may be brought in small claims court; an action seeking injunctive or equitable relief for infringement or misuse of intellectual property; or any claim that applicable law does not permit to be arbitrated. Nothing in this Section prevents you from reporting a concern to any government agency or regulator.

22.4 Procedure, seat and costs. Arbitration will be conducted by a single arbitrator. The seat is New Castle County, Delaware, but you may elect to have any hearing held remotely or in the county of your residence. For claims under USD 25,000, arbitration will be conducted on documents alone unless the arbitrator determines a hearing is necessary. We will pay all filing, administration and arbitrator fees that exceed what you would have paid to file in court, except where the arbitrator determines your claim was frivolous.

YOU AND MYNUGEN 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 MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING. YOU AND MYNUGEN WAIVE ANY RIGHT TO TRIAL BY JURY. If this Section 22.5 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court of competent jurisdiction, and the remaining claims will proceed in arbitration.

22.6 Mass arbitration. If 25 or more similar claims are submitted against us by or with the coordination of the same counsel, JAMS’ mass arbitration or batching procedures will apply, with claims resolved in staged batches and limitation periods tolled for claims awaiting a batch.

YOU MAY OPT OUT OF SECTIONS 22.2 TO 22.6 BY EMAILING LEGAL@MYNUGEN.AI WITHIN 30 DAYS OF THE DATE YOU FIRST ACCEPT THESE TERMS, STATING YOUR NAME, THE EMAIL ADDRESS ON YOUR ACCOUNT, AND THAT YOU WISH TO OPT OUT OF ARBITRATION. OPTING OUT WILL NOT AFFECT YOUR SUBSCRIPTION, YOUR PRICE, OR YOUR ACCESS TO THE SERVICE IN ANY WAY.

22.8 Changes to this Section. If we materially change this Section 22 after you accept these Terms, you may reject the change by emailing us within 30 days of the change, in which case the version of Section 22 in force when you last accepted continues to apply.

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

For any dispute not subject to arbitration, or if you opt out under Section 22.7, you and we submit to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware. Nothing in this Section deprives you of the protection of any mandatory consumer protection provision of the law of the state in which you reside.

We may update these Terms. For material changes we will give at least 30 days’ notice by email and by prominent notice in the Service before the change takes effect, and we will state what changed. Continued use after the effective date constitutes acceptance. If you do not accept a material change, you may cancel under Section 12.4 before it takes effect. Prior versions are archived at [ARCHIVE URL].

25.1 Entire agreement. These Terms, together with the Privacy Policy, the Teen & Parent Privacy Notice, the AI Disclosure Notice, the No-Outcome Disclaimer, the Academic Integrity Policy and the Cookie & Tracking Notice, are the entire agreement between you and us about the Service.

25.2 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or, if it cannot be, severed, and the remaining provisions continue in full force.

25.3 No waiver. A failure to enforce any provision is not a waiver of it.

25.4 Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger or acquisition, provided the assignee assumes our obligations, including the commitments in Section 9.3 and in the Privacy Policy relating to Student data.

25.5 Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control. This Section does not excuse: (a) any obligation to pay money; (b) any obligation to notify affected individuals, regulators or authorities of a data security incident under applicable law; (c) any safety or crisis escalation obligation under Section 16; or (d) any obligation imposed by statute that does not admit of a force majeure defense.

25.6 Relationship. Nothing creates a partnership, agency, employment or joint venture between you and us.

25.7 No third-party beneficiaries. These Terms do not create rights in any third party, except that a Student may enforce the commitments made about their own personal information in the Privacy Policy.

25.8 Headings and interpretation. Headings are for convenience. "Including" means "including without limitation."

25.9 Export and sanctions. You confirm that you are not located in, and are not a national or resident of, any country subject to comprehensive US sanctions.

Legal entity: mynugen, a Delaware limited liability company. Registered address: 673 W Aster Ct., Chandler, AZ 85248. General support: support@mynugen.ai. Legal notices: legal@mynugen.ai. Privacy and data rights: privacy@mynugen.ai. Safety concerns: safety@mynugen.ai. Contact: Kedarnath Karnik, legal@mynugen.ai.