1. Acceptance of Terms 

These Terms of Service (“Terms”) govern your access to and use of Xennial Digital’s web-based analytics and learning platform (the “Platform”). By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform. 

2. Eligibility and Accounts 

• You must be at least 18 years old, or the age of majority in your jurisdiction, to register for an individual account. 

• Institutional accounts (colleges, high schools, enterprises) may authorize instructors, administrators, and students to access the Platform in accordance with their license agreement. 

• Access for minors under the age of 18 must be provisioned and managed by the educational institution, which assumes responsibility for obtaining any necessary parental or guardian consents. 

• You are responsible for maintaining the confidentiality of your account credentials and all activity under your account. 

3. Authorized Use

You may use the Platform solely for educational, training, and enterprise purposes as permitted by your institution or organization. You agree not to: 
a. Use the Platform for any unlawful, harmful, or fraudulent activity. 
b. Upload or transmit malicious code, viruses, or content that interferes with the Platform’s security or operations. 
c. Attempt to gain unauthorized access to any accounts, systems, or networks. 
d. Circumvent or attempt to disable any security or usage limitations. 

4. Compliance With Education and Privacy Laws

• FERPA (U.S.): For institutions subject to the Family Educational Rights and Privacy Act, Xennial Digital acknowledges that certain data processed on the Platform may constitute “education records.” Xennial Digital acts as a “school official” with a “legitimate educational interest” and will use such data only as directed by the institution and in compliance with FERPA requirements. 

• COPPA (U.S.): The Platform does not knowingly collect personal information directly from children under the age of 13. Access for children under 13 is only permitted through school accounts created and managed by the institution, which is responsible for securing parental or guardian consent as required by COPPA. 

• GDPR (EU/EEA): For users located in the European Union or European Economic Area, Xennial Digital processes personal data as a “data processor” on behalf of the educational institution (“data controller”). Processing is limited to providing Platform services and is governed by applicable Data Processing Agreements (DPAs). 

• Other Jurisdictions: Where required, Xennial Digital will comply with applicable privacy and education data protection laws in the relevant jurisdiction. 

5. Content and Data

• Institutional Data: Performance metrics, analytics, and learning progress made available on the Platform are owned by the respective institution. 

• User-Generated Content: If you upload or submit any content (e.g., assignments, notes, comments), you grant Xennial Digital a non-exclusive, worldwide license to host and display such content solely for the purpose of operating the Platform. 

• Data Handling: All personal and institutional data is collected, stored, and processed in compliance with FERPA, COPPA, GDPR, and other applicable laws, as outlined in our Privacy Policy at [xennialdigital.com/privacy]. 

6. Service Availability and Updates

• We strive to keep the Platform available and operational, but we do not guarantee uninterrupted or error-free access. 

• Xennial Digital may modify, suspend, or discontinue parts of the Platform at its discretion. 

• Updates, enhancements, and new features may be rolled out periodically. 

7. Fees and Subscriptions 

• Access to the Platform may be subject to license fees, subscriptions, or enterprise agreements between your institution and Xennial Digital. 

• Non-payment may result in suspension or termination of access. 

8. Third-Party Services

9. Intellectual Property

The Platform, including software, interface design, trademarks, and content (excluding institutional or user data), remains the exclusive property of Xennial Digital and its licensors. No rights are transferred to you except as explicitly granted in these Terms. 

10. Termination

• Xennial Digital may suspend or terminate your account if you violate these Terms or misuse the Platform. 

• Institutions may also control and revoke access for their authorized users. 

• Upon termination, your right to use the Platform ceases immediately, but institutional data remains with the organization. 

11. Disclaimer of Warranties

The Platform is provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. 

12. Limitation of Liability

To the maximum extent permitted by law, Xennial Digital shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of your use of the Platform. Our total liability shall not exceed the fees paid for access to the Platform in the twelve (12) months preceding the claim. 

13. Indemnification

You agree to indemnify and hold harmless Xennial Digital from any claims, damages, or expenses arising out of your use of the Platform or violation of these Terms. 

14. Governing Law

These Terms shall be governed by the laws of the State of Florida.  

All disputes arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in Miami-Dade County, Florida, in English. The arbitrator’s award may be entered in any court of competent jurisdiction. 

Waiver of Jury Trial and Class Actions. Arbitration will be conducted only on an individual basis, and you and Xennial Digital waive any right to a jury trial or to participate in class or representative proceedings. 

15. Changes to Terms

Xennial Digital may update these Terms from time to time. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms. 

Contact Information 
Xennial Digital, LLC 
15751 Sheridan St, # 165 
Ft. Lauderdale FL 33331 
United States of America Website: xennialdigital.com