Terms of Use

Last Updated: Jun 30th, 2025

AGREEMENT TO TERMS
DESCRIPTION OF SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
SUBMISSIONS
SITE MANAGEMENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US

1. AGREEMENT TO TERMS

These Terms of Use (“Terms”) constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Graduwit LLC (“Company,” “Graduwit,” “we,” “us,” or “our”), concerning your access to and use of our website(s), mobile applications, platforms, and services (collectively, the “Services”).

Company Information:

Graduwit LLC
Delaware Limited Liability Company
Email: [email protected]

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.

The Services are intended for users who are at least 13 years old, with appropriate parental consent for minors. Our college application consulting services typically serve high school students (ages 14-18) and their families.

2. DESCRIPTION OF SERVICES

Graduwit provides college application consulting and coaching services, including but not limited to:

College application strategy development
Essay writing coaching and review
Application review and feedback
College selection guidance
Interview preparation
Scholarship application assistance
Educational planning consultation

Our Services are provided through various channels including our website, proprietary platform, video conferencing, email, and other communication methods.

3. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Services and all content, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us.

The Content and Marks are provided “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Educational Materials License: You are granted a limited, non-exclusive, non-transferable license to access and use educational materials provided through our Services solely for your personal educational purposes. This license terminates upon completion of services or termination of your agreement with us.

4. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

You have the legal capacity and agree to comply with these Terms
You are not a minor in the jurisdiction in which you reside, or you have obtained parental consent
You will not access the Services through automated or non-human means
You will not use the Services for any illegal or unauthorized purpose
Your use of the Services will not violate any applicable law or regulation
All information you provide is accurate, current, and complete

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make them available. As a user of the Services, you agree not to:

Data and Content Restrictions:

Systematically retrieve data or content to create compilations, databases, or directories
Circumvent, disable, or interfere with security-related features
Upload or transmit viruses, malware, or other harmful material
Use automated systems, scripts, or bots to access the Services

Misuse and Harmful Activities:

Trick, defraud, or mislead us or other users
Disparage, tarnish, or otherwise harm us or the Services
Harass, abuse, or harm another person
Impersonate another user or person
Engage in any illegal or fraudulent activities

Educational Integrity Violations:

Submit application materials that are not your own work
Misrepresent your academic achievements or activities
Violate academic integrity policies of educational institutions
Use our Services to assist in plagiarism or academic dishonesty

Commercial Restrictions:

Use the Services for unauthorized commercial purposes
Resell or redistribute our educational content
Compete with our business using our proprietary methods

6. USER GENERATED CONTRIBUTIONS

The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (“Contributions”).

Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you represent and warrant that:

Ownership and Rights:

You are the creator and owner of or have the necessary licenses and permissions
Your Contributions do not infringe any third-party rights
You have consent from any identifiable individuals in your Contributions

Content Standards:

Your Contributions are not false, inaccurate, or misleading
Your Contributions are not obscene, harassing, or otherwise objectionable
Your Contributions do not violate any applicable law or regulation
Your Contributions do not violate privacy or publicity rights

7. CONTRIBUTION LICENSE

By submitting Contributions, you grant us a perpetual, non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Contributions for the purpose of providing and improving our Services.

You retain ownership of your original work, but you grant us the right to use it in connection with our Services, including for quality assurance, training, and service improvement purposes.

Educational Use: We may use anonymized or aggregated examples of your work (with personally identifying information removed) for educational purposes, including training other consultants or developing educational materials.

8. SUBMISSIONS

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Services for violations of these Terms
Take appropriate legal action against anyone who violates the law or these Terms
Refuse, restrict access to, limit the availability of, or disable any of your Contributions
Remove from the Services or otherwise disable files and content that are excessive in size or burdensome to our systems
Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services

10. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

Special Considerations for Educational Services:

We may collect and process educational records and personal information
We will comply with applicable student privacy laws (FERPA, state student privacy laws)
We implement appropriate safeguards for sensitive student information

11. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms.

Service-Specific Termination:

Consulting services may be terminated according to the terms of individual service agreements
Educational materials access may be revoked upon termination of services
We may terminate services for academic integrity violations or inappropriate conduct

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

12. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.

13. GOVERNING LAW

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

14. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved through binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”).

Key Arbitration Terms:

Single arbitrator
Location: Delaware (unless otherwise agreed)
AAA Consumer Rules apply where appropriate
Fees governed by AAA Consumer Rules

Restrictions

Any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

No arbitration shall be joined with any other proceeding
No class-action arbitration
No representative capacity arbitration

Exceptions to Arbitration

The following Disputes are not subject to arbitration:

Disputes seeking to enforce or protect intellectual property rights
Disputes related to theft, piracy, invasion of privacy, or unauthorized use
Claims for injunctive relief

15. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

16. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

Educational Services Disclaimer: WE DO NOT GUARANTEE ADMISSION TO ANY EDUCATIONAL INSTITUTION OR RECEIPT OF ANY SCHOLARSHIP OR FINANCIAL AID. OUR SERVICES ARE ADVISORY IN NATURE AND ULTIMATE DECISIONS REGARDING COLLEGE APPLICATIONS REST WITH YOU AND THE ADMISSIONS COMMITTEES OF EDUCATIONAL INSTITUTIONS.

17. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Maximum Liability: OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

Use of the Services
Breach of these Terms
Any breach of your representations and warranties set forth in these Terms
Your violation of the rights of a third party, including but not limited to intellectual property rights
Any harmful act toward any other user of the Services

19. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services.

Educational Records: We will handle educational records and student information in compliance with applicable privacy laws, including FERPA where applicable.

You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

21. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

22. MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

23. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Graduwit LLC Email: [email protected]
Subject: “Terms of Use Inquiry”

These Terms of Use are effective as of the “Last Updated” date and apply to all users of Graduwit’s Services.