Application System Terms and Conditions
Last Updated: 5/12/2026
Effective Date: 5/12/2026
PLEASE READ THIS BEFORE YOU SUBMIT ANY INFORMATION. This is a legally binding contract between you and Kleo, Inc. d/b/a ClassWallet It governs your use of our software platform (the “Service”) to submit an application, on behalf of yourself and a minor child for whom you are legally authorized to act, for a scholarship, grant, or other monetary award (an “Award”).
You should read this entire document carefully. Among other things, by agreeing to these Application Terms:
- You are representing that you are the parent or legal guardian of the Minor child whose information you submit, with full legal authority to act on that child's behalf (Section 2).
- You are giving consent, on behalf of that Minor child, to the collection, storage, use, and sharing of the child's personal information, including their name, date of birth, address, school records, and other information you upload (Section 4).
- You are authorizing us to share that information with the Client administering the Award program, with any Award Provider, with schools, with our cloud-storage provider (Amazon Web Services), and with our personnel (Section 7).
- You are agreeing that we make no guarantee that you or the Minor will receive any Award, and that all eligibility and Award decisions are made by the Client and/or Award Provider, not by us (Sections 3 and 12).
- You are agreeing to resolve disputes with us through binding individual arbitration and are waiving your right to a jury trial and to participate in a class action (Section 18).
- You are agreeing to a limit on our liability to you of one hundred U.S. dollars ($100) (Section 16).
- You are providing your electronic signature to this agreement (Section 21).
If you do not agree, do not create an Account and do not submit any information through the Service.
These Application System Application Terms and Conditions (“Application Terms”) form a legally binding agreement between you (“you,” “your,” or “Authorized End User”) and Kleo, Inc., a Delaware corporation, doing business as ClassWallet (“ClassWallet,” “we,” “us,” or “our”), governing your access to and use of the website, mobile application, and related services (collectively, the “Service”) that we provide to enable adults who are legally authorized to act on behalf of a Minor child to submit applications for scholarships, grants, and other monetary awards (each, an “Award”).
The Service is made available to you pursuant to a contract between ClassWallet and a “Client” (such as a state or local government agency, scholarship-granting organization, foundation, or other Award-administering entity). The Client uses the Service to receive and process applications for the Award program(s) the Client administers. Your use of the Service is for the purpose of submitting an application to one or more Award programs administered by a Client. The Client, not ClassWallet, is responsible for designing, administering, and making decisions about the underlying Award program. Section 3 below explains the relationship in more detail.
In consideration of ClassWallet providing you access to the Service at no cost to you, and in consideration of the mutual promises in these Application Terms, you and ClassWallet agree to the provisions below.
Your Affirmative Agreement. BY CLICKING “SUBMIT,” CREATING AN ACCOUNT, UPLOADING INFORMATION ABOUT YOURSELF OR YOUR MINOR CHILD, OR OTHERWISE USING THE SERVICE, YOU AFFIRM THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM, INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN SECTION 18, THE LIMITATION OF LIABILITY IN SECTION 16, AND THE INDEMNIFICATION OBLIGATIONS IN SECTION 17. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
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Definitions.
- "Definitions" means the registered account you create to access the Service.
- "Award Provider" means any scholarship sponsor, foundation, government program, school, or other entity that funds, offers, or administers an Award. In many cases the Client is itself the Award Provider; in other cases the Client administers Awards on behalf of one or more separate Award Providers.
- "Client" means the entity (such as a state, county, or local government agency, public authority, school district, scholarship-granting organization, foundation, or non-profit) that has contracted with ClassWallet to make the Service available to Authorized End Users for the purpose of administering one or more Award programs.
- "Client Contract" means the written agreement between ClassWallet and a Client governing ClassWallet's provision of the Service for that Client's Award program(s).
- "Educational Records" means report cards, transcripts, attendance records, standardized test scores, and similar academic records relating to a Minor that you upload or otherwise submit to the Service.
- "Minor" means any child under the age of 18 (or the age of majority in your jurisdiction) for whom you submit information through the Service, including children under 13.
- "Authorized End User" means the adult who creates an Account and uses the Service on behalf of a Minor, and who represents that they are a parent or legal guardian of the Minor with full legal authority to act on the Minor's behalf. References to “you” or “your” in these Application Terms refer to the Authorized End User.
- "Personal Information" has the meaning given in Section 6 and includes information about both Authorized End Users and Minors.
- "Submitted Content" means all information, documents, files, and materials you submit, upload, or transmit through the Service, including Educational Records and Personal Information.
- "Definitions" means the registered account you create to access the Service.
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Parent's Agreement, Representations, and Acknowledgments.
- Eligibility. The Service is intended solely for use by Authorized End Users acting on their own behalf and on behalf of a Minor for whom they are legally authorized to act. Minors may not register for, log in to, or independently use the Service. If we learn that a Minor has registered an Account or used the Service without proper adult authorization, we will terminate that Account.
- Your Representations. By creating an Account or submitting information through the Service, you represent and warrant to us that each of the following is true:
a) You are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into this contract;
b) You are a parent (biological, adoptive, or step-parent) or legal guardian of each Minor whose information you submit, with full legal authority to make decisions on the Minor's behalf and to provide the consents and authorizations contained in these Application Terms;
c) No court order, custody arrangement, or other legal restriction prohibits you from creating this Account, submitting the information you submit, or providing the consents in these Application Terms;
d) All information you submit is true, accurate, current, and complete, and you will promptly update it if it changes;
e) You have the right to share each item of Submitted Content with us, including any Educational Records, Personal Information, or other materials, and your sharing of such Submitted Content does not violate any law or third-party right;
f) You have read these Application Terms and our Privacy Policy and understand them; and
g) You are entering into these Application Terms freely and voluntarily, and you are not relying on any promise, representation, or statement not contained in these Application Terms.
- Your Acknowledgments. You specifically acknowledge and agree to each of the following:
a) The Minor's information will be collected and shared. Information you submit about a Minor, including name, date of birth, address, school information, Educational Records, and other information required by the Client, will be collected, stored, used, and disclosed as described in Sections 4, 6, and 7, including disclosure to the Client, to Award Providers, to schools, to Amazon Web Services for cloud storage in the United States, and to ClassWallet personnel.
b) You are providing parental consent. By submitting information about a Minor, you are providing your consent, as the Minor's parent or legal guardian, to the collection, use, storage, and disclosure of that information, as further described in Section 4.
c) No guarantee of any Award. Submitting an application does not guarantee that you or the Minor will receive any Award. All eligibility and Award decisions are made by the Client and/or Award Provider, not by ClassWallet.
d) Government and public records. If the Client is a government agency or other public entity, information held by the Client may be subject to public records, freedom-of-information, audit, or oversight obligations applicable to that Client.
e) No legal, financial, or educational advice. The Service does not provide legal, financial, tax, or educational advice.
f) Conspicuous terms. You have specifically reviewed and understand the limitations of liability in Section 16, the indemnification obligations in Section 17, and the binding arbitration and class-action waiver in Section 18.
- Account Security You are solely responsible for (a) maintaining the confidentiality of your Account credentials; (b) all activity that occurs under your Account; and (c) promptly notifying us at help@classwallet.com of any unauthorized access. We are not liable for any loss arising from your failure to safeguard your credentials.
- Consequences of Inaccurate Information. We may suspend or terminate your Account, and the Client may invalidate or recoup any Award, if any information you submit is false, misleading, or incomplete. Knowingly submitting false information may also result in referral to law enforcement.
- Eligibility. The Service is intended solely for use by Authorized End Users acting on their own behalf and on behalf of a Minor for whom they are legally authorized to act. Minors may not register for, log in to, or independently use the Service. If we learn that a Minor has registered an Account or used the Service without proper adult authorization, we will terminate that Account.
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Application Services.
- Description. The Service is a software platform used by Clients to administer Award programs. Through the Service, Authorized End Users create Accounts, submit applications, and upload supporting documentation; the Service routes that information for review and verification. Eligibility verification is performed by the Client, or by ClassWallet on the Client's behalf and under the Client's direction, applying eligibility criteria designed, approved, audited, and policed by the Client. Verified information and eligibility results are provided to the Client and, where applicable, to Award Providers for their own use, including their independent confirmation and Award decisions.
- Acceptable Use Policy.You agree to abide by the terms of ClassWallet’s Acceptable Use Policy located at www.classwallet.com/acceptable-use-policy.
- No Guarantee of Award. We do not guarantee that you or any minor will qualify for, be offered, or receive any Award. An eligibility determination produced by the Service is not an Award, an offer of an Award, or a binding promise that an Award will be granted. Eligibility criteria are set, audited, and policed by the Client; final Award decisions, including any decision to grant, deny, modify, recoup, or condition an Award, are made by the Client and/or applicable Award Provider in accordance with their own program rules, processes, and timelines. The Service may produce a preliminary eligibility result that is subject to review, audit, override, or correction by the Client or Award Provider.
- Not Legal, Financial, or Educational Advice. The Service does not provide legal, financial, tax, or educational advice. Information presented through the Service is for general informational purposes only.
- Modifications. We may add, change, suspend, or discontinue any feature of the Service at any time, with or without notice, and without liability to you. Certain features of the Service are configured by the Client, and changes to those features may be made by the Client without prior notice to us or to you.
- Roles and Relationships; Service Provided to Client.
a) Three-Party Structure. The Service operates within a three-party structure: (i) the Client, who has contracted with ClassWallet and is the entity actually administering the Award program; (ii) ClassWallet, who provides the Service as a software platform and service provider to the Client; and (iii) you, the Authorized End User, who uses the Service to submit an application to the Client's Award program.
b) ClassWallet Acts on Behalf of Client. With respect to Submitted Content collected through the Service, ClassWallet generally acts as a service provider, processor, or contractor to the Client (as those or similar terms are defined under applicable privacy and data protection laws). ClassWallet processes Submitted Content on the Client's behalf and pursuant to the Client Contract, and only for the purposes described in these Application Terms and the Client Contract. The Client is generally the business, controller, or data owner of Submitted Content.
c) Your Relationship with the Client. Your underlying relationship in connection with any Award program is with the Client. The Client may have its own privacy notice, application terms, program rules, or other policies that apply to your participation in the Award program. In the event of a conflict between the Client's program-specific terms or privacy notice and these Application Terms with respect to the Award program itself, the Client's terms govern that program; these Application Terms continue to govern your use of the Service as a software platform.
d) Application Submission Through ClassWallet Does Not Make ClassWallet the Decision-Maker. Routing your application through the Service does not make ClassWallet a sponsor, administrator, fiduciary, or co-decision-maker of any Award program. ClassWallet is the technology provider; the Client is the program administrator.
e) Government Clients. If the Client is a federal, state, or local government agency or other public entity, you acknowledge that Submitted Content held by the Client may be subject to public records laws, freedom-of-information laws, audit and oversight requirements, records-retention schedules, and similar legal obligations applicable to that Client. ClassWallet has no control over, and is not responsible for, disclosures the Client makes pursuant to such legal obligations.
- Eligibility Verification.
a) Verification. Eligibility verification is performed by the Client, or by ClassWallet on the Client's behalf and under the Client's direction, in accordance with the Client's program. Verification methods are determined or approved by the Client and may include any combination of manual review, document review, third-party data verification, or automated processing. Verification may include requests for additional information or documentation.
b) Criteria Are Owned and Policed by the Client. The Client is solely responsible for the eligibility criteria, including their substantive content, lawfulness, fairness, accuracy, and completeness, and for the ongoing audit and oversight of how the criteria are applied. ClassWallet does not warrant the accuracy, lawfulness, or fitness of the eligibility criteria themselves and is not responsible for outcomes that result from the criteria as designed by the Client. ClassWallet does not independently set, modify, or determine the eligibility criteria.
c) Eligibility Result Is Not an Award. Any eligibility result generated through the Service is a determination as to whether an application meets the Client's criteria. It is not an Award, an offer of an Award, a guarantee of an Award, or a contractual commitment of any kind. The Client and/or applicable Award Provider retains full authority to confirm, override, modify, defer, condition, or reverse any eligibility result and to make all final Award decisions.
d) Review, Correction, and Appeal. Procedures for reviewing, correcting, or appealing an eligibility result are administered by the Client under the Client's program rules. To request a review, correction, or appeal, contact the Client through the contact information provided in the Service or in the Client's program materials. Where ClassWallet performed the verification on the Client's behalf, ClassWallet will support the Client in fulfilling such requests as required under the Client Contract.
e) Accuracy of Submitted Content. Eligibility results depend on the accuracy and completeness of the information you submit. You are responsible for the accuracy and completeness of your Submitted Content. If you believe an eligibility result is incorrect because of a data error, you may correct your Submitted Content through the Service (where the Client permits) or contact the Client.
- Description. The Service is a software platform used by Clients to administer Award programs. Through the Service, Authorized End Users create Accounts, submit applications, and upload supporting documentation; the Service routes that information for review and verification. Eligibility verification is performed by the Client, or by ClassWallet on the Client's behalf and under the Client's direction, applying eligibility criteria designed, approved, audited, and policed by the Client. Verified information and eligibility results are provided to the Client and, where applicable, to Award Providers for their own use, including their independent confirmation and Award decisions.
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Parental Consent: Information About Minors.
- Service Not Directed to Children. The Service is not directed to, marketed to, or intended for use by children. Minors do not access, register for, or interact with the Service. All information about a Minor is collected solely from an Authorized End User who is the Minor's parent or legal guardian, who submits that information on the Minor's behalf as part of the application submission process.
- Information We Collect About Minors. The categories of information collected about a Minor are determined by the Client based on the eligibility criteria, verification needs, and program requirements of the applicable Award program, and may vary from program to program. Depending on the Client's program, we may collect from you, on behalf of the Client, information such as: the Minor's full name, date of birth, address, gender, race or ethnicity (where the program collects it), school name and grade level, photograph (if uploaded), Educational Records, household composition and financial information relating to the Minor's household, and any other information the Client requires to verify eligibility or administer the Award program.
- How We Use Minor Information.We use Minor information solely to (a) collect, prepare, and submit applications to the Client and any applicable Award Provider; (b) facilitate human review and verification of eligibility against the Client's criteria; (c) transmit applications, eligibility results, and supporting materials to the Client, Award Providers, and, where relevant, schools; (d) communicate with you about application and eligibility status; (e) provide customer support; (f) maintain, secure, and improve the Service, and assist the Client in evaluating and improving the Award program; and (g) comply with legal obligations.
- Consent by Submission. BY CREATING AN ACCOUNT, SUBMITTING AN APPLICATION, OR UPLOADING ANY INFORMATION ABOUT A MINOR, YOU, AS THE MINOR'S PARENT OR LEGAL GUARDIAN, EXPRESSLY CONSENT TO THE COLLECTION, STORAGE, USE, PROCESSING, AND DISCLOSURE OF THAT INFORMATION BY (i) CLASSWALLET, (ii) THE APPLICABLE CLIENT, AND (iii) ANY APPLICABLE AWARD PROVIDER, in each case as described in these Application Terms, the Client's privacy notice and program terms, and our Privacy Policy. This consent extends to disclosure to the Client, to Award Providers, to schools, to our cloud-storage and other service providers, and to our customer service representatives. You further represent and warrant that (a) you are the Minor's parent or legal guardian and have full legal authority to provide this consent on the Minor's behalf; (b) the information you submit about the Minor is true, accurate, and complete; and (c) no court order, custody arrangement, or other legal restriction limits your authority to provide this consent.
- COPPA To the extent COPPA or any analogous federal, state, or international child-privacy law applies to the Service, the Authorized End User's affirmative submission of information about a Minor under Section 4.4 constitutes the parental consent required under such law, and you intend that your submission be treated as such consent. This Section 4, together with our Privacy Policy, is intended to provide the notice required under any such law.
- Parental Rights. As the Minor's parent or legal guardian, you have the right at any time to (a) review the information collected about the Minor through the Service; (b) request that information be deleted; and (c) refuse to permit further collection or use of the Minor's information. Because the Client is generally the controller of Submitted Content, certain of these requests may need to be directed to, or fulfilled by, the Client. You may submit a request to us at privacy@classwallet.com and we will either (i) act on the request to the extent we are authorized to do so under the Client Contract, or (ii) forward the request to the Client and assist as required under the Client Contract. Exercising certain rights may make it impossible for the Minor to remain eligible for the Award program or may require us or the Client to terminate your participation.
- No Direct Collection from Minors. The Service is not designed to, and does not knowingly, solicit or accept information directly from Minors. If you become aware that a Minor has attempted to provide information directly, please notify us immediately at privacy@classwallet.com so we can delete it.
- Service Not Directed to Children. The Service is not directed to, marketed to, or intended for use by children. Minors do not access, register for, or interact with the Service. All information about a Minor is collected solely from an Authorized End User who is the Minor's parent or legal guardian, who submits that information on the Minor's behalf as part of the application submission process.
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Educational Records.
- Authority to Share. When you upload report cards, transcripts, or other Educational Records, you represent and warrant that you have the legal right and authority to do so, including all rights under the Family Educational Rights and Privacy Act (“FERPA”), COPPA, and any analogous state law. As a parent or legal guardian of the Minor, you confirm that no court order, custody arrangement, or other legal restriction prohibits you from sharing the records you upload.
- Authorization to Disclose. If you ask us to obtain Educational Records directly from a Minor's current or former school, you authorize that school to release those records to us, and you agree to sign any additional release the school may require. Records obtained in this manner will be treated as Submitted Content under these Application Terms.
- Direct Transmission from Schools. Neither Party shall make or permit to be made any public announcement concerning the existence, subject matter or terms of this Agreement or relationship between the Parties without the prior written consent of the other Party except as expressly permitted in this section. During the Term of the Agreement, Client grants ClassWallet the right to use the Client Marks in its public promotional materials and communications, including promotion on its website, for the sole purpose of identifying Client as a ClassWallet Client. ClassWallet shall not modify the Client Marks, or display the Client Marks any larger or more prominent on its promotional materials than the names, logos, or symbols of other ClassWallet Clients. The foregoing promotional materials and communications may be created, displayed, and reproduced without Client's review, provided that they are in compliance with this section and any Client Marks usage guidelines provided by Client to ClassWallet in writing.
- No Independent FERPA Obligation. You acknowledge that we are not an educational agency or institution and that our receipt of Educational Records from you (an Authorized End User acting voluntarily as the Minor's parent or legal guardian) does not, on its own, make us subject to FERPA.
- Authority to Share. When you upload report cards, transcripts, or other Educational Records, you represent and warrant that you have the legal right and authority to do so, including all rights under the Family Educational Rights and Privacy Act (“FERPA”), COPPA, and any analogous state law. As a parent or legal guardian of the Minor, you confirm that no court order, custody arrangement, or other legal restriction prohibits you from sharing the records you upload.
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Personal Information Collected from End Users.
- Categories. We collect from Authorized End Users: full name, date of birth, residential and mailing address, email address, telephone number, government identifier (where required for verification or tax reporting), household income or financial information (where required for need-based Awards), payment information, and identity-verification data.
- Use. We use Authorized End User information to operate, secure, and improve the Service; to verify your identity and authority to act on the Minor's behalf; to facilitate human review and verification of applications against the Client's criteria; to prepare and submit applications to the Client and any applicable Award Provider; to assist the Client in evaluating and improving the Award program; to communicate with you; to comply with legal and tax obligations; and as otherwise described in our Privacy Policy.
- Categories. We collect from Authorized End Users: full name, date of birth, residential and mailing address, email address, telephone number, government identifier (where required for verification or tax reporting), household income or financial information (where required for need-based Awards), payment information, and identity-verification data.
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Disclosure of Information.
By using the Service, you expressly authorize us to disclose Submitted Content as follows:
- Client. You consent for us to disclose Submitted Content to the Client that has contracted for use of the Service in connection with the Award program(s) to which you have applied. The Client is generally the controller of Submitted Content and uses, retains, and discloses Submitted Content under its own privacy notice, program rules, and applicable law. If the Client is a government entity or other public agency, the Client may be required by public records laws, freedom-of-information laws, or audit and oversight obligations to disclose Submitted Content to third parties or the public, subject to applicable redactions and exemptions for protected information. ClassWallet is not responsible for the Client's use or further disclosure of Submitted Content.
- Award Providers. Where the Award Provider is a separate entity from the Client, you consent for us share Submitted Content (including Personal Information about both Authorized End Users and Minors and Educational Records) and any eligibility verification results with that Award Provider so that the Award Provider can confirm eligibility, conduct any further review it requires, and administer any resulting Awards. The Award Provider is the final decision-maker on any Award. Each Award Provider is independently responsible for its own use of the information once disclosed, and its handling of that information is governed by its own privacy practices, not ours.
- Schools. You consent for us to share Submitted Content with Minor's current, prior, or prospective schools as reasonably necessary to verify Educational Records, confirm enrollment, or facilitate Award disbursement.
- Service Providers. You consent to our use of third-party service providers, including Amazon Web Services, Inc. (“AWS”) for cloud hosting and storage, to operate the Service. Submitted Content is stored on AWS infrastructure located in the United States.
- ClassWallet Personnel. You consent to ClassWallet personnel located in the United States (“onshore”) having access to Submitted Content as necessary to (a) respond to your inquiries, troubleshoot issues, and support your use of the Service; and (b) where ClassWallet performs eligibility verification on behalf of the Client under the applicable Client Contract, perform or oversee that verification under the Client's program. ClassWallet personnel are bound by confidentiality obligations and are trained on the handling of Submitted Content, including information about Minors.
- Legal and Safety. You consent to our disclosure of Submitted Content where required by law, subpoena, court order, or governmental request, or where we believe in good faith that disclosure is necessary to (a) comply with legal process; (b) enforce these Application Terms; (c) protect our rights, property, or safety, or that of our users or the public; or (d) prevent or investigate fraud or unlawful activity.
- Business Transfers. You consent to the transfer of Submitted Content in the event that we are involved in a merger, acquisition, financing, reorganization, bankruptcy, sale of assets, or similar transaction, subject to any restrictions in the applicable Client Contract.
- Aggregated and De-Identified Data. To the extent permitted under the applicable Client Contract, you provide your consent for us create and use aggregated, anonymized, or de-identified data derived from Submitted Content for any lawful purpose, including improving the Service, research, and analytics. Such data does not identify you or any Minor and is not subject to these Application Terms or our Privacy Policy.
- Client. You consent for us to disclose Submitted Content to the Client that has contracted for use of the Service in connection with the Award program(s) to which you have applied. The Client is generally the controller of Submitted Content and uses, retains, and discloses Submitted Content under its own privacy notice, program rules, and applicable law. If the Client is a government entity or other public agency, the Client may be required by public records laws, freedom-of-information laws, or audit and oversight obligations to disclose Submitted Content to third parties or the public, subject to applicable redactions and exemptions for protected information. ClassWallet is not responsible for the Client's use or further disclosure of Submitted Content.
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Data Storage and Security.
- Storage and Retention. ClassWallet will store Submitted Content in encrypted form on AWS infrastructure in the United States. Retention periods for Submitted Content are governed primarily by the applicable Client Contract and the Client's own records-retention requirements, which may include statutory, regulatory, audit, or program-administration retention obligations applicable to the Client. We will retain Submitted Content for the period required by the Client Contract and for such additional period as is reasonably necessary to comply with our own legal, regulatory, tax, audit, and dispute-resolution obligations.
- Security. We implement appropriate administrative, technical, and physical safeguards designed to protect Submitted Content against unauthorized access, use, alteration, or destruction. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security. You acknowledge that you provide Submitted Content at your own risk.
- Data Breach Notification. In the event of a data security incident affecting your Submitted Content, we will notify you and applicable authorities as required by law.
- Storage and Retention. ClassWallet will store Submitted Content in encrypted form on AWS infrastructure in the United States. Retention periods for Submitted Content are governed primarily by the applicable Client Contract and the Client's own records-retention requirements, which may include statutory, regulatory, audit, or program-administration retention obligations applicable to the Client. We will retain Submitted Content for the period required by the Client Contract and for such additional period as is reasonably necessary to comply with our own legal, regulatory, tax, audit, and dispute-resolution obligations.
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Your Responsibilities and Prohibited Conduct.
- Lawful Use. You agree to use the Service only for its intended purpose and in compliance with all applicable laws.
- Prohibited Conduct. You will not (a) submit information about a Minor without being that Minor's parent or legal guardian or otherwise having full legal authority to do so; (b) submit false, fraudulent, or misleading information; (c) impersonate any person or misrepresent your relationship to a Minor; (d) interfere with or disrupt the Service; (e) attempt to gain unauthorized access to any portion of the Service; (f) use the Service to harvest, scrape, or collect information about other users; (g) use the Service to transmit malware, viruses, or harmful code; or (h) use the Service in any manner that could damage or impair its operation.
- Consequences. Violation of this Section 9 may result in immediate suspension or termination of your Account, forfeiture of any pending Award applications, and referral to law enforcement.
- Lawful Use. You agree to use the Service only for its intended purpose and in compliance with all applicable laws.
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License to Submitted Content.
- License Grant. You grant ClassWallet a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, store, transmit, display, and process Submitted Content solely for the purposes described in these Application Terms and our Privacy Policy, including disclosure to Award Providers, schools, and service providers.
- Your Representations. You represent and warrant that (a) you own or have all necessary rights to the Submitted Content; (b) the Submitted Content is accurate and complete; (c) submission and our authorized use of the Submitted Content do not violate any law or third-party right; and (d) you have all necessary consents and authorizations from any Minor or other individual whose information is included in Submitted Content.
- License Grant. You grant ClassWallet a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, store, transmit, display, and process Submitted Content solely for the purposes described in these Application Terms and our Privacy Policy, including disclosure to Award Providers, schools, and service providers.
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Intellectual Property.
- Ownership. The Service and all related software, content, designs, trademarks, and intellectual property are owned by ClassWallet or its licensors and are protected by U.S. and international intellectual property laws.
- Limited License. Subject to these Application Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for its intended personal, non-commercial purpose. All other rights are reserved.
- Restrictions. You may use the Services only as intended and provided for by these Application Terms. You agree that you will not (directly or indirectly): (a) reproduce or copy the Services except as permitted under these Application Terms; (b) remove or destroy any copyright, trademark, or other proprietary marking or legends placed upon or contained in the Services, or ClassWallet Intellectual Property; (d) assign, sell, resell, sublicense, rent, lease, time-share, distribute, or otherwise transfer the rights granted to you under these Application Terms to any third party, except as expressly permitted by these Application Terms; (e) modify, reverse engineer, or disassemble the Services; (f) except to the limited extent applicable laws specifically prohibit such restrictions, decompile, attempt to derive the source code or underlying ideas or algorithms of any part of the Services, attempt to recreate the Services or use the Services for any competitive or benchmarking purposes; (g) create, translate, or otherwise prepare derivative works based upon the Services or ClassWallet Intellectual Property; (h) interfere with or disrupt the integrity or performance of the Services; (i) attempt to gain unauthorized access to the Services or its related systems or networks or perform unauthorized penetration testing on the Services; (j) use or permit the use of the Services in a manner that infringes on the Intellectual Property rights, publicity rights, or privacy rights of any third party or applicable law; (k) store or transfer defamatory, trade libelous, or otherwise unlawful data; (l) except as otherwise agreed by the parties, store in or process any personal health information or data, credit card data, personal financial data, or other such sensitive regulated data not required for use of the Services.
- Ownership. The Service and all related software, content, designs, trademarks, and intellectual property are owned by ClassWallet or its licensors and are protected by U.S. and international intellectual property laws.
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Clients and Award Providers.
- Export Control. Client shall not export, re-export, access or grant access to the SaaS Platform and all related technology, information, materials and any upgrades thereto to: (a) any Prohibited Persons; (b) any country to which such export, re-export or access from is restricted or prohibited per the foregoing applicable laws; or (c) otherwise in violation of any applicable export or import restrictions, laws or regulations. Client also certifies that it is not a Prohibited Person nor owned, controlled by, or acting on behalf of a Prohibited Person.
- Independent Parties. Clients and Award Providers are independent third parties, not agents, employees, partners, or joint venturers of ClassWallet. We do not control Clients or Award Providers, do not endorse any specific Client or Award Provider, and are not responsible for their conduct, decisions, eligibility criteria, application requirements, application processes, disbursements, or privacy practices.
- No Liability for Client or Provider Conduct. You agree that we are not liable for any act or omission of any Client or Award Provider, including any decision to grant, deny, modify, revoke, suspend, or recoup an Award; any delay in evaluation or disbursement; the design or administration of any Award program; the application of any eligibility criterion; or any use, retention, or further disclosure of Submitted Content by the Client or Award Provider after we have transmitted it.
- Direct Relationship. Any Award you receive is awarded directly by the Client or applicable Award Provider under that entity's own program terms, and any dispute regarding an Award, an Award program, or a Client's use of Submitted Content for program purposes is between you and that Client or Award Provider.
- Export Control. Client shall not export, re-export, access or grant access to the SaaS Platform and all related technology, information, materials and any upgrades thereto to: (a) any Prohibited Persons; (b) any country to which such export, re-export or access from is restricted or prohibited per the foregoing applicable laws; or (c) otherwise in violation of any applicable export or import restrictions, laws or regulations. Client also certifies that it is not a Prohibited Person nor owned, controlled by, or acting on behalf of a Prohibited Person.
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Fees.
- No End-User Fees. Use of the Service by you is provided at no cost to you. The Service is paid for by the Client under the Client Contract.
- Taxes on Awards. You are responsible for all applicable taxes associated with your receipt of any Award. Any tax reporting or withholding obligations regarding an Award are the responsibility of the Client or applicable Award Provider, not ClassWallet.
- No End-User Fees. Use of the Service by you is provided at no cost to you. The Service is paid for by the Client under the Client Contract.
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Termination.
- By You. You may stop using the Service at any time by contacting us at help@classwallet.com. Note that requests to delete Submitted Content may be subject to the Client's records-retention requirements as described in Section 8.1.
- By Us. We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice, including for suspected violation of these Application Terms, fraud, risk to the Service or other users, or at the direction of the applicable Client.
- Termination by the Client; End of Client Contract. Your access to the Service depends on the existence of a valid Client Contract for the applicable Award program. If the Client Contract expires or is terminated, your access to the Service may end automatically and without notice from us. Upon expiration or termination of the Client Contract, Submitted Content will be returned, transferred, retained, or deleted as directed by the Client and required under the Client Contract; ClassWallet is not responsible for any loss of access or data resulting from the termination or expiration of a Client Contract.
- Effect of Termination. Upon termination, your right to use the Service ends immediately. Sections 7, 8, 10, 11, 12, 15, 16, 17, 18, 19, and 20 survive termination.
- By You. You may stop using the Service at any time by contacting us at help@classwallet.com. Note that requests to delete Submitted Content may be subject to the Client's records-retention requirements as described in Section 8.1.
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Disclaimer of Warranties.
- THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CLASSWALLET DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
- WITHOUT LIMITING THE FOREGOING, CLASSWALLET DOES NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) RESULTS OBTAINED FROM OR THROUGH THE SERVICE, INCLUDING ANY ELIGIBILITY VERIFICATION OR ELIGIBILITY RESULT BY WHATEVER METHOD PERFORMED, WILL BE ACCURATE, COMPLETE, OR RELIABLE; (C) ANY MINOR WILL BE DEEMED ELIGIBLE FOR OR RECEIVE ANY AWARD; OR (D) ANY DEFECT WILL BE CORRECTED. CLASSWALLET DOES NOT WARRANT, AND HAS NO RESPONSIBILITY FOR, THE ELIGIBILITY CRITERIA THEMSELVES OR THEIR LAWFULNESS, FAIRNESS, OR FITNESS FOR ANY PURPOSE; THE CRITERIA ARE DESIGNED, APPROVED, AND POLICED BY THE CLIENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CLASSWALLET DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
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Limitation of Liability.
- Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLASSWALLET OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, LOSS OF AWARDS, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF CLASSWALLET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Cap on Liability. CLASSWALLET'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). You acknowledge that the Service is provided to you free of charge and that this cap reflects the absence of any monetary consideration from you to ClassWallet.
- Essential Basis. You acknowledge that the limitations in this Section 16 are an essential basis of the bargain between you and ClassWallet, and that we would not provide the Service on these terms without these limitations. Some jurisdictions do not allow certain limitations, so portions of this Section may not apply to you.
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Indemnification.
You agree to defend, indemnify, and hold harmless ClassWallet and its officers, directors, employees, agents, contractors, licensors, and affiliates from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your access to or use of the Service; (b) any Submitted Content you provide, including any claim that the Submitted Content infringes any third-party right or violates any law; (c) your representations regarding your authority to submit Minor information or Educational Records; (d) your violation of these Application Terms; or (e) any dispute between you and any Client, Award Provider, school, or other third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.
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Arbitration; Class Action Waiver; Governing Law.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
- Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLASSWALLET OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, LOSS OF AWARDS, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF CLASSWALLET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Informal Resolution First. Before filing any claim, you agree to first contact us at legal-notices@classwallet.com and attempt in good faith to resolve the dispute for at least 60 days.
- Binding Arbitration. Except for claims that may be brought in small-claims court and claims for injunctive or equitable relief regarding intellectual property, any dispute, claim, or controversy between you and ClassWallet arising out of or relating to these Application Terms or the Service will be resolved exclusively by final, binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in Miami, Florida (or remotely, at your option), and judgment on the award may be entered in any court of competent jurisdiction. This Section 18 governs only disputes between you and ClassWallet. Disputes between you and any Client or Award Provider, including disputes regarding eligibility, the design or administration of an Award program, or the grant, denial, or recoupment of an Award, are not subject to this Section 18 and are governed by the dispute-resolution procedures of the applicable Client or Award Provider and applicable law.
- Class Action Waiver. YOU AND CLASSWALLET 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, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding. If this waiver is found unenforceable, the entire arbitration provision will be void as to the affected dispute.
- 30-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice to legal-notices@classwallet.com within 30 days of first accepting these Application Terms. Your notice must include your name, Account email, and a clear statement that you wish to opt out.
- Governing Law. These Application Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 18.2.
- Forum. To the extent any dispute is not subject to arbitration, you and ClassWallet submit to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida.
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Changes to These Terms.
We may update these Application Terms at any time. Continued use of the Service after the effective date constitutes acceptance.
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Miscellaneous.
- Entire Agreement. These Application Terms, together with our Privacy Policy and any documents expressly incorporated by reference, constitute the entire agreement between you and ClassWallet regarding the Service.
- Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
- No Waiver. Failure to enforce any provision is not a waiver of our right to enforce it later.
- Assignment. You may not assign these Application Terms without our prior written consent. We may assign these Application Terms freely.
- Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
- No Third-Party Beneficiaries. These Application Terms are solely for the benefit of you and ClassWallet; there are no third-party beneficiaries.
- Notices. We may give notice to you by email, in-app message, or posting through the Service. You must give notice to us at legal-notice@classwallet.com.
- Headings. Headings are for convenience only and do not affect interpretation.
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Electronic Signatures and Records.
- Consent to Electronic Records. You consent to receive these Application Terms, our Privacy Policy, all notices, disclosures, consents, and other communications related to the Service (collectively, “Communications”) in electronic form, including by email, by posting through the Service, or by other electronic means. You agree that all Communications delivered to you electronically satisfy any legal requirement that such Communications be in writing.
- Electronic Signature. By clicking “Submit,” or otherwise affirmatively accepting these Application Terms or providing consent through the Service, you are providing your electronic signature to these Application Terms and to any consent the Service requests under the federal Electronic Signatures in Global and National Commerce Act (the “E-SIGN Act”), the Uniform Electronic Transactions Act (“UETA”) as adopted in the applicable state, and any analogous law. Your electronic signature has the same legal effect as a handwritten signature.
- Hardware and Software Requirements. To access and retain Communications, you need: (a) a device with internet access; (b) a current web browser; (c) a valid email address; and (d) software that allows you to view and save PDF and HTML documents.
- Updating Your Contact Information. You are responsible for keeping your contact information current. You may update it through your Account or by contacting us at help@classwallet.com.
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Acceptance.
BY CHECKING THE “I AGREE” BOX, CLICKING “I ACCEPT” OR “SUBMIT,” CREATING AN ACCOUNT, OR UPLOADING ANY INFORMATION ABOUT YOURSELF OR YOUR MINOR CHILD THROUGH THE SERVICE, YOU:
- Consent to Electronic Records. You consent to receive these Application Terms, our Privacy Policy, all notices, disclosures, consents, and other communications related to the Service (collectively, “Communications”) in electronic form, including by email, by posting through the Service, or by other electronic means. You agree that all Communications delivered to you electronically satisfy any legal requirement that such Communications be in writing.
- AFFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS IN THEIR ENTIRETY, INCLUDING THE LIMITATION OF LIABILITY (SECTION 16), INDEMNIFICATION (SECTION 17), AND BINDING ARBITRATION AND CLASS-ACTION WAIVER (SECTION 18);
- AGREE TO BE LEGALLY BOUND BY THESE TERMS, ON YOUR OWN BEHALF AND ON BEHALF OF EACH MINOR CHILD WHOSE INFORMATION YOU SUBMIT;
- PROVIDE YOUR ELECTRONIC SIGNATURE TO THESE TERMS UNDER THE E-SIGN ACT, UETA, AND ANY ANALOGOUS LAW; AND
- PROVIDE YOUR PARENTAL CONSENT TO THE COLLECTION, USE, STORAGE, AND DISCLOSURE OF YOUR MINOR CHILD'S INFORMATION AS DESCRIBED IN THESE TERMS.
If you are accepting these Application Terms on behalf of more than one Minor child, you make the foregoing affirmations, agreements, and consents with respect to each such Minor child.
These Application Terms work together with our Privacy Policy, available at www.classwallet.com/privacy-policy. Please read both before using the Service.
