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Terms & Conditions

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Terms and Conditions

1. Introduction and Acceptance

Welcome to 352 Digital ("we," "our," "us," or "the Company").
These Terms and Conditions ("Terms") constitute a legally binding agreement between you
("User," "you," or "your") and 352 Digital governing your access to and use of our website,
services, and AI prompt library (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound
by these Terms. If you do not agree to these Terms, you must not access or use our Services.

Applicable Law: These Terms are governed by the laws of the Grand Duchy of Luxembourg and comply
with applicable European Union regulations, including the GDPR and the E-Commerce Directive 2000/31/EC.

2. Definitions

For the purposes of these Terms:

  • "Account": A registered user account providing access to our Services
  • "Content": All materials, including AI prompts, text, images, videos, and educational resources available through our Services
  • "Intellectual Property": All trademarks, copyrights, patents, trade secrets, and other proprietary rights
  • "Licence Period": The lifetime access period granted with your purchase
  • "Platform": The website and digital infrastructure through which Services are provided
  • "Purchase": The one-time payment transaction for lifetime access to our Services
  • "User Content": Any content you create, upload, or share using our Services

3. Service Description

352 Digital provides an AI prompt library and educational resources designed specifically for teachers and educators.
Our Services include:

  • Access to 500+ professionally crafted AI prompts for educational purposes
  • Lesson planning templates and assessment creation tools
  • Differentiation strategies and classroom management prompts
  • Weekly video tutorials and educational content
  • Regular updates with new prompts and features
  • Customer support and assistance

Service Availability: While we strive for continuous availability, we do not guarantee uninterrupted access.
We reserve the right to modify, suspend, or discontinue any aspect of the Services with or without notice.

4. Account Registration and Eligibility

4.1 Eligibility Requirements

To use our Services, you must:

  • Be at least 18 years of age or the age of majority in your jurisdiction
  • Have the legal capacity to enter into binding contracts
  • Provide accurate and complete registration information
  • Comply with all applicable laws and regulations

4.2 Account Registration

When creating an Account, you agree to:

  • Provide true, accurate, current, and complete information
  • Maintain and promptly update your information to keep it accurate
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities under your Account
  • Notify us immediately of any unauthorised access or security breach

4.3 Account Termination

We reserve the right to suspend or terminate your Account if you:

  • Violate these Terms or our policies
  • Provide false or misleading information
  • Engage in fraudulent activities
  • Misuse or abuse the Services
  • Fail to pay required fees

5. Pricing and Payment Terms

5.1 Pricing Structure

Our Services are offered at a one-time payment of €25 (twenty-five euros) for lifetime access,
unless otherwise specified at the time of purchase.

All prices are:

  • Stated in euros (EUR)
  • Inclusive of Luxembourg VAT (Value Added Tax) where applicable
  • Subject to change with notice for future purchases (existing purchases are honoured at the original price)

5.2 Payment Processing

  • Payments are processed securely through third-party payment processors
  • We accept major credit cards, debit cards, and other payment methods as displayed at checkout
  • Payment is required in full before access is granted
  • You authorise us to charge the payment method provided for the amount due

5.3 VAT and Taxes

For customers in Luxembourg and the European Union:

  • Luxembourg VAT (17% standard rate) applies to sales to Luxembourg consumers
  • EU VAT rules apply based on your location and status (consumer vs. business)
  • Business customers must provide a valid VAT identification number for VAT exemption
  • You are responsible for any additional taxes or duties imposed by your jurisdiction

5.4 No Recurring Charges

Our lifetime access model means:

  • No subscription fees or recurring payments
  • No automatic renewals or hidden charges
  • One-time payment grants perpetual access to the Services
  • Future updates and new content are included at no additional cost

6. Money-Back Guarantee

6.1 7-Day Guarantee Period

We offer a 7-day money-back guarantee from the date of purchase. If you are not satisfied with our Services,
you may request a full refund within this period.

6.2 Refund Conditions

To be eligible for a refund:

  • The request must be made within 7 calendar days of purchase
  • You must contact us with a refund request and reason
  • The refund is at our discretion for requests made after the 7-day period
  • Refunds are processed to the original payment method within 14 business days

6.3 Refund Exceptions

Refunds may be denied if:

  • You have violated these Terms
  • There is evidence of abuse or fraudulent activity
  • You have already received a refund for the same purchase
  • The request is made after excessive usage of the Services

6.4 Post-Refund Access

Upon processing a refund, your access to the Services will be terminated immediately.

7. Intellectual Property Rights

7.1 Our Intellectual Property

All Content, features, functionality, and materials available through our Services are owned by 352 Digital or our licensors
and are protected by:

  • Copyright laws (including Luxembourg Law of 18 April 2001 on copyright)
  • Trademark laws
  • Database rights (EU Database Directive 96/9/EC)
  • Other intellectual property laws and treaties

7.2 Limited Licence to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable,
revocable licence to:

  • Access and use the Services for your personal educational purposes
  • Copy and customise AI prompts for use in your teaching activities
  • Use Content in your classroom and educational settings

7.3 Licence Restrictions

You may NOT:

  • Sell, resell, or commercially exploit the Content
  • Redistribute, republish, or share access to the Services with unauthorised third parties
  • Create derivative works that compete with our Services
  • Remove or modify any copyright, trademark, or proprietary notices
  • Use automated systems (bots, scrapers) to access or extract Content
  • Reverse engineer, decompile, or attempt to extract source code
  • Frame or mirror any part of the Services without written permission

7.4 User Content Licence

By uploading or creating User Content, you grant us:

  • A worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and display your User Content
  • The right to use User Content to improve and provide the Services
  • The right to create aggregated, anonymised data from User Content for analytics

You retain ownership of your User Content, and you may delete it at any time (subject to technical limitations and backup retention).

8. User Conduct and Prohibited Activities

8.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms.

8.2 Prohibited Activities

You shall NOT:

Legal Violations:

  • Violate any Luxembourg, EU, or other applicable laws or regulations
  • Infringe upon intellectual property rights of any party
  • Engage in fraudulent activities or misrepresentation

Security Violations:

  • Attempt to gain unauthorised access to the Services or other user accounts
  • Introduce viruses, malware, or other harmful code
  • Interfere with or disrupt the Services or servers
  • Circumvent security features or access controls

Abuse and Misuse:

  • Share your Account credentials with unauthorised persons
  • Create multiple accounts to circumvent restrictions
  • Use the Services for any commercial purpose without authorisation
  • Harass, abuse, or harm other users
  • Post or share inappropriate, offensive, or illegal content

Content Violations:

  • Scrape, data-mine, or extract Content using automated means
  • Reproduce or distribute Content beyond the scope of your licence
  • Create competing products or services using our Content
  • Misrepresent the source or authorisation of Content

8.3 Consequences of Violations

Violations may result in:

  • Immediate termination of your Account
  • Legal action to recover damages
  • Reporting to appropriate law enforcement authorities
  • Permanent ban from accessing our Services

9. AI and Third-Party Services

9.1 Third-Party AI Platforms

Our prompts are designed to work with third-party AI platforms (ChatGPT, Claude, Gemini, etc.). We:

  • Do not control or endorse these third-party services
  • Are not responsible for their availability, performance, or content
  • Do not guarantee compatibility with all AI platforms
  • Recommend reviewing third-party terms and privacy policies

9.2 AI Output Disclaimer

  • AI-generated content may contain errors, inaccuracies, or biases
  • You are responsible for reviewing and verifying AI outputs before use
  • We do not guarantee the accuracy, suitability, or appropriateness of AI-generated content
  • You should exercise professional judgement when using AI in educational settings

10. Content Updates and Modifications

10.1 Right to Modify

We reserve the right to:

  • Add, modify, or remove Content at any time
  • Update and improve the Services with new features
  • Change the format, structure, or organisation of Content
  • Discontinue specific prompts or features

10.2 Lifetime Access Commitment

Despite our right to modify Content, we commit to:

  • Maintaining your access to the core Services
  • Providing weekly updates and new content
  • Continuously improving the quality and quantity of prompts
  • Supporting the platform for the foreseeable future

10.3 No Obligation to Maintain Specific Content

We are not obligated to:

  • Maintain any specific prompt or piece of Content indefinitely
  • Provide notice before removing or modifying Content
  • Guarantee availability of historical versions

11. Disclaimers and Limitations of Liability

11.1 Service "As-Is" Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by Luxembourg and EU law, we disclaim all warranties, including:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties regarding accuracy, reliability, or availability of the Services
  • Warranties that the Services will be uninterrupted, secure, or error-free
  • Warranties regarding results obtained from using the Services

11.2 Educational Use Disclaimer

  • Our Content is designed for educational purposes and professional development
  • We do not guarantee specific educational outcomes or student performance
  • Users are responsible for adapting Content to their specific educational contexts
  • Professional judgement must be exercised when implementing AI in education

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Excluded Damages:
We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or Content
  • Loss of goodwill or reputation
  • Costs of substitute services

Maximum Liability:
Our total liability for all claims arising from or relating to the Services shall not exceed the amount you paid for the Services (€25).

11.4 Exceptions Under Luxembourg Law

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
  • Any liability that cannot be excluded or limited under Luxembourg or EU law

11.5 Consumer Protection Rights

Luxembourg and EU consumer protection laws provide certain rights that cannot be waived.
These Terms do not affect your statutory consumer rights.

12. Indemnification

You agree to indemnify, defend, and hold harmless 352 Digital, its officers, directors, employees, agents, and affiliates
from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable solicitors' fees)
arising from:

  • Your use or misuse of the Services
  • Your violation of these Terms
  • Your violation of any laws or regulations
  • Your infringement of any third-party rights
  • Your User Content or activities on the Platform
  • Your negligence or wilful misconduct

This indemnification obligation survives termination of these Terms and your access to the Services.

13. Data Protection and Privacy

13.1 Privacy Policy Integration

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

13.2 Data Processing

We process personal data in accordance with:

  • GDPR (General Data Protection Regulation) (EU) 2016/679
  • Luxembourg Data Protection Act of 1 August 2018
  • E-Privacy Directive 2002/58/EC
  • Other applicable data protection laws

13.3 Your Rights

You have rights under GDPR, including:

  • Right of access, rectification, and erasure
  • Right to restriction of processing and data portability
  • Right to object and withdraw consent
  • Right to lodge a complaint with the Luxembourg CNPD

For full details, please review our Privacy Policy.

14. Term and Termination

14.1 Term

These Terms commence when you first access the Services and continue for the duration of your use.

14.2 Termination by You

You may terminate your Account at any time by:

  • Contacting our customer support
  • Following account deletion procedures in your settings
  • Ceasing to use the Services

Termination does not entitle you to a refund except as provided in Section 6.

14.3 Termination by Us

We may terminate or suspend your access immediately, without notice, for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activities
  • Non-payment of fees (if applicable)
  • At our discretion for any other reason

14.4 Effects of Termination

Upon termination:

  • Your licence to use the Services immediately ceases
  • You must cease all use of Content and Services
  • We may delete your Account and User Content
  • Provisions that should survive termination remain in effect

14.5 Survival

The following sections survive termination: Intellectual Property Rights, Disclaimers, Limitations of Liability,
Indemnification, Governing Law, and Dispute Resolution.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg,
without regard to conflict of law principles.

15.2 Jurisdiction

For Users within the European Union:

  • Consumers have the right to bring disputes before the courts of their place of residence
  • We may bring disputes before the courts of Luxembourg or your place of residence

For Users outside the European Union:

  • The exclusive jurisdiction shall be the courts of Luxembourg City, Luxembourg

15.3 Informal Resolution

Before initiating formal proceedings, we encourage you to contact us to seek an informal resolution of any dispute.

15.4 Alternative Dispute Resolution (ADR)

For EU Consumers:
The European Commission provides an Online Dispute Resolution (ODR) platform accessible at:
https://ec.europa.eu/consumers/odr

Luxembourg consumers may also contact:
Union Luxembourgeoise des Consommateurs (ULC)
Website: https://www.ulc.lu

15.5 Arbitration (Optional)

Parties may mutually agree to submit disputes to binding arbitration under the rules of a recognised Luxembourg arbitration institution.

15.6 Class Action Waiver

To the extent permitted by law, you agree to bring disputes on an individual basis only and waive any right to participate in
class actions or representative proceedings.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Services,
constitute the entire agreement between you and 352 Digital.

16.2 Amendments

We reserve the right to modify these Terms at any time. Changes will be effective upon posting on the website with an updated
"Last Updated" date.

Notice of Material Changes:

  • We will provide reasonable notice of material changes
  • Continued use of the Services after changes constitutes acceptance
  • If you do not agree to changes, you must cease using the Services

16.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue
in full force and effect.

16.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign these Terms without restriction.

16.6 No Agency

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and 352 Digital.

16.7 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including
acts of God, war, terrorism, pandemics, government actions, or telecommunications failures.

16.8 Language

These Terms are prepared in English. In case of translations, the English version shall prevail in case of inconsistencies.

16.9 Notices

Legal notices must be sent to:

352 Digital
Luxembourg (Grand Duchy of Luxembourg)
Email: [email protected]

Notices to you may be provided via email to the address associated with your Account or through the Services.

16.10 Third-Party Rights

These Terms do not confer any rights to third parties under Luxembourg law or otherwise.

17. Contact Information

For questions, concerns, or requests regarding these Terms, please contact us:

Email: [email protected]
Address: 352 Digital, Luxembourg (Grand Duchy of Luxembourg)

Customer Support Hours: Business days (Monday to Friday), Central European Time (CET/CEST).

Acknowledgment


BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM,
AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, YOU MUST NOT USE OUR SERVICES.

These Terms and Conditions are governed by the laws of Luxembourg and comply with applicable EU directives and regulations.