Terms & Conditions

PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS") CAREFULLY. BY ACCESSING OR USING WWW.WORKYBOOKS.COM, THE WORKYBOOKS MOBILE APPLICATIONS, OR ANY OTHER WEBSITES OR APPLICATIONS OF DIGIXL INC. ("DIGIXL" OR "WE/US/OUR") WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE "SITE"), INCLUDING USING THE SERVICES AND AI CONTENT GENERATION FEATURES ENABLED VIA THE SITE (THE "SERVICES") BY DIGIXL OR USERS OF THE SITE ("USERS"), CLICKING THE "I ACCEPT" CHECK BOX, OR MERELY BROWSING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

The Services consist of an educational learning platform and AI-powered content generation tools that individuals ("Individuals"), schools, and/or school districts ("Schools") may subscribe to and provide to their teachers and students ("Teachers" and "Students"). The term Teacher also includes parents of students who sign up for the Services to provide their children with Student Accounts. DigiXL may provide Schools that sign up for the Services with an administrator account that enables a designated School employee ("Administrator") to manage the Services and Student and Teacher access. "User" means any user of the Service, including Administrators, Students, Teachers, and Individuals. If you are an Administrator accessing the Service pursuant to a separate agreement ("School Agreement") between your School and DigiXL, the terms of your School Agreement apply to your use of the Service to the extent they conflict with these Terms.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY DIGIXL IN ITS SOLE DISCRETION AT ANY TIME. PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

When changes are made, DigiXL will make a new copy of the Terms available at the Site. We will also update the "Last Updated" date at the top of the Terms. If we make any material changes, and you are a Teacher or Administrator that has registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new Users of the Site or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing Users. DigiXL may require you to provide consent to the updated Terms in a specified manner before further use of the Site or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s).

1. Use of the Services and DigiXL Properties

The Site, the Services (including AI content generation), and the information and content ("Content") made available by DigiXL on the Site and in the Services (collectively, the "DigiXL Properties") are protected by copyright laws throughout the world. Subject to the Terms, DigiXL grants you a limited license to reproduce portions of the DigiXL Properties for the sole purpose of using the Services for your personal purposes or, if you are an Administrator or Teacher User, your School's educational purposes. For clarity, you may print or reproduce content on the Site solely for your personal use in conjunction with the Services (and, if you are a Teacher, for personal use by Students of your classroom). Content generated by AI tools within the Services is provided for your facilitated use as part of the Services and is subject to the same restrictions.

1.1 Certain Restrictions

The rights granted to you in the Terms are subject to the following restrictions:

• (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the DigiXL Properties;
• (b) you shall not use framing techniques to enclose any trademark or logo on the DigiXL Properties;
• (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the DigiXL Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law;
• (d) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to "scrape" or download data from any web pages contained in the Site;
• (e) except as expressly stated herein, no part of the DigiXL Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; and
• (f) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the DigiXL Properties.

Any future release, update, or other addition to the DigiXL Properties shall be subject to the Terms. DigiXL, its suppliers, and service providers reserve all rights not granted in the Terms. Any unauthorized use of the DigiXL Properties terminates the licenses granted by DigiXL pursuant to the Terms.

2. Registration

To access certain features of the DigiXL Properties, you must have an account ("Account"). Certain features are only available to Administrator and/or Teacher Accounts.

2.1 Administrator and Teacher Accounts

This Subsection applies to Administrators and Teachers. To create an Account, you must (1) provide any necessary information about you and/or your School when registering the Account ("Registration Data"), (2) accept the Terms, and (3) pay any fees, if applicable, associated with your subscription. Using your Administrator or Teacher Account, you may create individual Student (and, in the case of an Administrator, also Teacher) Accounts by submitting the applicable details on the Service. Your School will be responsible for any activities, including any violation of the Terms, that occur under any Accounts created using your Account.

2.2 Student Accounts

This Subsection applies to Students. To create an Account, you must (1) be provided with access to an Account invite code by an Administrator or Teacher, and (2) provide us with any Registration Data requested in the registration form.

2.3 Registration Data

In registering for the Services, you agree to (1) provide true, current, and complete Registration Data; and (2) maintain and promptly update the Registration Data to keep it true, current, and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify DigiXL immediately of any unauthorized use of your password or any other breach of security. You agree not to create or access an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use the DigiXL Properties if you have been previously removed by DigiXL, or if you have been previously banned from any of the DigiXL Properties.

2.4 Certain Teacher and Administrator Obligations

This Subsection applies to Teachers and Administrators. You are solely responsible for ensuring that you and your School are compliant with all laws and regulations related to disclosing to DigiXL the personal information of the Students you invite to create Accounts. You, or your School, must provide the necessary notice and obtain the appropriate consents from the parents of the Student as required to make such disclosure to DigiXL and grant the following license. You, on behalf of your School, grant to DigiXL a nonexclusive license to view, download, reproduce, modify, create derivative works of, distribute, and display information you submit about Students solely for the purposes of (a) providing the Service and (b) creating, using, and disclosing de-identified and/or aggregated information about Students. If you, as a Teacher, are no longer (a) employed by your School or (b) otherwise authorized to view or use student records, you (i) must notify DigiXL immediately of such change and (ii) are not permitted to continue to view or use your Account.

3. Payment

This Section applies to Administrators, Teachers, and Individuals purchasing services. Certain features of the site, including premium access and AI generation credits, require payment ("Premium Features", a part of the Services).

3.1 Ordering Premium Features

You may place orders for Premium Features by following the directions on the Site or otherwise contacting DigiXL. The Premium Features are subject to the restrictions set forth on the applicable order page. DigiXL may change the pricing for the Services (from time to time in its sole discretion) by updating the Site without additional notice to you, provided that any changes will not take effect until your subscription renews.

3.2 Payment Terms

If you purchase a subscription using a credit card, you may be enrolled in an auto-renewal program. You can typically disable auto-renewal from within your account settings. If you remain enrolled, the card you used may be charged again upon renewal. Except as otherwise stated herein, all payments are non-refundable. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.

4. Ownership

4.1 DigiXL Properties

Except with respect to Your Content, you agree that DigiXL and its suppliers own all rights, title, and interest in the DigiXL Properties. DigiXL's name, Workybooks, and other related logos, service marks, and trade names used on or in connection with the DigiXL Properties are the trademarks of DigiXL and may not be used without permission. Other trademarks, service marks, and trade names that may appear on or in the DigiXL Properties are the property of their respective owners.

4.2 Your Content

Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the DigiXL Properties. DigiXL does not claim ownership of Your Content. However, you grant DigiXL a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the DigiXL Properties to you and to our other Users. When you post or publish Your Content on or in the DigiXL Properties, you represent that you have the authority to grant the aforementioned license to DigiXL.

4.3 User Code of Conduct

As a condition of use, you agree not to use the DigiXL Properties for any purpose prohibited by the Terms or by applicable law. Do not post, or permit others to post, content on the DigiXL Properties that:

• (i) encourages illegal activities, is fraudulent, tortious, or unlawful;
• (ii) insults, defames, harasses, or threatens others;
• (iii) violates the copyright, intellectual property, or privacy rights of others;
• (iv) contains obscene material;
• (v) harms or impersonates others; or
• (vi) advertises or sells a product or service.

Do not submit the work of others as your own or attempt to cheat on assignments. Do not attempt any potentially harmful acts directed against the DigiXL Properties, including violating security features, introducing viruses or similar harmful code, or interfering with use of the DigiXL Properties by any other user, host, or network.

4.4 Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to DigiXL ("Feedback") is done on a non-confidential basis and that DigiXL has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to DigiXL a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.

5. Downloadable and Printable Content

Workybooks provides downloadable and printable PDF worksheets and other educational materials. These materials are licensed for single-user use only.

Educators: You may download, print, and distribute these materials to students within your own classroom or educational setting. You may not share, distribute, or make these materials available to other teachers, schools, or districts without a separate license.

Parents: You may download, print, and use these materials for your own children's personal educational use at home. You may not distribute these materials to others.

Resale, redistribution, or republication of downloaded materials is strictly prohibited. For school-wide or district-wide licensing, please contact us at support@workybooks.com.

6. Interactions with Other Users; Third-Party Websites

6.1 Other Users

You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services. You agree that DigiXL will not be responsible for any liabilities incurred as a result of such interaction. The DigiXL Properties contain User Content provided by other Users. DigiXL is not responsible for and does not control User Content. DigiXL has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.

6.2 Third-Party Websites

The DigiXL Properties may contain links to third-party websites ("Third-Party Websites"). Such Third-Party Websites are not under the control of DigiXL. DigiXL is not responsible for any Third-Party Websites and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or their products or services. You use all links to Third-Party Websites at your own risk. You should review applicable terms and policies of any Third-Party Websites before proceeding with any transaction.

7. Indemnification

You agree to indemnify and hold DigiXL, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the "DigiXL Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the DigiXL Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any User; or (e) your violation of any applicable laws or regulations. DigiXL reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DigiXL. You agree that the provisions in this section will survive termination of the Terms.

8. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE DIGIXL PROPERTIES IS AT YOUR SOLE RISK, AND THE DIGIXL PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. DIGIXL PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DIGIXL PARTIES MAKE NO WARRANTY THAT: (1) THE DIGIXL PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS OBTAINED FROM USE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR ACCESSED THROUGH THE DIGIXL PROPERTIES IS AT YOUR OWN RISK.

9. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DIGIXL PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DIGIXL PROPERTIES, INCLUDING LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT DIGIXL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL DIGIXL PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT ACTUALLY PAID BY YOU TO DIGIXL HEREUNDER IN THE 12 MONTHS PRECEDING THE DATE YOU FIRST BRING A CLAIM.

10. Procedure for Making Claims of Copyright Infringement

It is DigiXL's policy to terminate the privileges of any User who repeatedly infringes copyright upon prompt notification. If you believe your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information as detailed in the Digital Millennium Copyright Act:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Contact information for DigiXL's Copyright Agent for notice of claims: support@workybooks.com

11. Term and Termination

The Terms commence when you accept them and remain in force while you use the DigiXL Properties. If you materially breach the Terms, or if DigiXL is required to do so by law, DigiXL has the right to suspend your access to the Services ("Suspension"). DigiXL may terminate your account immediately in its sole discretion if (a) you are a repeat copyright infringer or (b) you violate any restriction after receiving notice of a previous violation.

Termination includes removal of access and deletion of your password and Your Content. All provisions which by their nature should survive shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. General Provisions

12.1 Release

You hereby release DigiXL Parties from claims, demands, and damages related to interactions with other Users or third-party websites arising from your use of the DigiXL Properties. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

12.2 Dispute Resolution & Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

(a) Arbitration. Any dispute shall be settled by binding arbitration in San Diego, California, subject to the Federal Arbitration Act. Arbitration will be conducted before one commercial arbitrator with substantial experience from the American Arbitration Association (AAA) or JAMS.

(b) No Class Actions. Claims must be brought in your individual capacity, not as a plaintiff or class member in any class or representative proceeding. The arbitrator may not consolidate more than one person's claims or award class-wide relief.

(c) Governing Law & Venue. These Terms and any dispute shall be governed by the laws of the State of California, without regard to its conflict of laws rules. The exclusive venue for any arbitration or court proceedings (where permissible) shall be San Diego County, California.

(d) Exceptions. Either party may bring an individual action in small claims court. Claims of infringement or misappropriation of intellectual property rights may be brought in state or federal courts in San Diego, California. Either party may seek emergency equitable relief in such courts to maintain the status quo pending arbitration.

(e) Severability. If the prohibition on class arbitration is found invalid, the entire arbitration provision shall be null and void, and disputes shall be brought in the courts of San Diego, California.

12.3 Miscellaneous

You may not assign these Terms without DigiXL's prior written consent. DigiXL may assign this Agreement without your consent. DigiXL is not liable for failure to perform due to causes beyond its reasonable control. Notices to you shall be sent to your last provided e-mail address. Notices to DigiXL shall be sent to: DigiXL Inc., San Diego, CA. The Terms constitute the entire agreement between you and DigiXL unless you have a separate School Agreement.

13. Contact Information

The Services are offered by DigiXL Inc. located in San Diego, California. You may contact us by sending correspondence to that address or by emailing us at support@workybooks.com.

For more information about how we collect, use, and protect your personal information, please review our Privacy Policy.