This Beta Testing Agreement (“Agreement”) is entered into by and between the undersigned beta participant (“Participant”) and Stride, Inc., its subsidiaries and affiliates (“Stride”), as of the Effective Date (defined below). Stride and Participant may be referred to herein individually as a “Party” and collectively as the “Parties.”
Stride is offering Participant access to its AI Tutor technology, including but not limited to, beta versions of the software, services, systems, or related technology (“Beta Product”) for the purpose of testing and providing feedback to Stride. By using the Beta Product, Participant agrees to participate in such testing under the terms set forth herein.
Participant may not use the Beta Product if under the age of 13 years old, unless either Participant’s parent or legal guardian creates an account and enters information about Participant, or Participant uses the Beta Product as a student in a school using the K12 Tutoring services or other Stride services.
Certain features of the Beta Product may be subject to more terms, including but not limited to, the Terms of Use, Privacy Policy and AI Services Terms of Use. Those added terms are part of this Agreement and are legally binding just as if they were written on this page. In the event of a conflict between this Agreement and the added terms, the terms of this Agreement shall govern.
PLEASE BE AWARE THAT SECTION 11 CONTAINS AMONG OTHER THING, AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN THE PARTIES BE RESOLVED BY BINDING AND FINAL ARBITRATION. UNLESS PARTICIPANT OPTS OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS AFTER FIRST BECOMING SUBJECT TO THE ARBITRATION AGREEMENT: (1) THE PARTIES WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND EACH PARTY WAIVES THEIR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) EACH PARTY WAIVES THEIR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
This Agreement is effective as of the date accepted by Participant (“Effective Date”) and will continue until the earlier of:
(a) completion of the beta testing period
designated by Stride;
(b) termination by either Party immediately upon written notice;
or(c) Stride’s decision to suspend or discontinue the Beta Product.
Stride may, at its sole discretion, modify, suspend, or terminate the Agreement at any time without prior notice.
Subject to the terms of this Agreement, Stride grants Participant a limited, non-exclusive, non-transferable, revocable license to use the Beta Product solely for internal evaluation purpose, during the term of this Agreement. Participant shall not:
While participating in the beta testing, Participant agrees to provide Stride with feedback, suggestions, ideas, responses to surveys or interviews, or other input (including system-generated user data) relating to the Beta Product (“Feedback”). Participant agrees that Stride can use this Feedback freely, without any obligation to compensate or credit Participant. This includes using the Feedback to improve current or future products or services and to conduct research and publish findings. Published research will be limited to aggregated data. Participant also assigns to Stride any and all rights in the Feedback to Stride. Stride may use the Feedback in any way it chooses but is not required to do so.
All right, title, and interest in and to the Beta Product, including all intellectual property rights therein, are and shall remain the sole property of Stride. No rights or licenses are granted to Participant except as expressly set forth in this Agreement. All content, including on the website and as part of the Beta Product is protected by copyright, trademark, patent and other laws relating to the protection of intellectual property.
Participant agrees that the Beta Product and any related information provided by Stride, including without limitation the existence and nature of the Beta Product, features, results of any performance data or evaluations, and Feedback, contain confidential information and trade secrets of Stride and its affiliates and licensors (“Confidential Information”). Participant shall not disclose Confidential Information to any third party and shall take reasonable precautions to protect the confidentiality of such Confidential Information. Participant shall only use Confidential Information for the purposes stated in this Agreement. This obligation shall survive termination or expiration of this Agreement.
THE BETA PRODUCT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. STRIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE BETA PRODUCT WILL BE ERROR-FREE OR FUNCTION WITHOUT INTERRUPTION. PARTICIPANT UNDERSTANDS THAT THE BETA PRODUCT IS IN DEVELOPMENT AND MAY PRODUCE UNEXPECTED RESULTS, INCLUDING INACCURATE OUTPUT, ERRORS, OR LOSS OF DATA. PARTICIPANT ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF THE BETA PRODUCT.
Stride may, but is not obligated to, provide Participant with support, updates, or maintenance for the Beta Product. Any support provided is at Stride’s sole discretion and may be modified or discontinued at any time.
Stride’s data collection, use, and sharing practices in connection with the Beta Product are governed by Stride’s Privacy Policy, which is available at Privacy Policy Participant is encouraged to review the Privacy Policy to understand how Stride handles personal data. Participant agrees that Stride will monitor and analyze Participant’s use of the Beta Product and may use such data collected from Participant’s use of the Beta Product for its own business purposes.
TO THE FULLEST EXTENT PERMITTED BY LAW, STRIDE SHALL NOT BE LIABLE TO PARTICIPANT UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE BETA PRODUCT, EVEN IF STRIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL STRIDE’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50).
To the fullest extent permitted by law, all disputes related to this Agreement are governed by the laws of the Commonwealth of Virginia, except for its conflicts of law terms. To the extent a dispute is not resolved through arbitration and except as specified in this section, the exclusive location for any claim or action related to this Agreement is the federal or state courts having jurisdiction in Fairfax County, Virginia. The Parties agree to personal jurisdiction in those courts and that that is not inconvenient.
The Parties agree to engage in informal dispute resolution in a good faith effort to resolve concerns before commencing arbitration or initiating any action in small claims court. The party initiating the dispute must give notice to the other party in writing of its intent to initiate Informal Dispute Resolution (“Notice”) with (1) their name, (2) telephone number, (3) email address (if you have one), (4) mailing address, and (5) a brief description of their dispute. The Notice to us must be sent to support@stridetutoring.com. The Parties agree to meet via telephone or videoconference to informally resolve the dispute. If Participant is represented by counsel, counsel may participate in the conference with Participant. If the Parties cannot resolve the dispute within thirty (30) days of Stride’s receipt of the Notice, or if the Parties do not mutually agree to an extension, either Party may then bring a formal proceeding as described below. Unless the Parties agree otherwise, each initiating Party will participate in a separate conference, even if multiple disputes relate to similar issues or are brought by the same law firm or group of firms.
The foregoing is a condition precedent that must be fulfilled before commencing arbitration. The foregoing does not limit the Parties from engaging in informal communications to resolve a dispute. The Parties agree to toll the statute of limitations and any filing fee deadlines for formal dispute resolution pending the foregoing informal process.
Please read this “Arbitration Agreement” carefully. It is part of this Agreement and affects Participant’s rights. Any dispute or claim relating in any way to this Agreement (including to the validity and enforceability of this Agreement) or the Beta Product will be solved by binding and confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the Agreement as a court would. The arbitration will be conducted in English by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. To the extent that there is any difference between this Agreement and the AAA Rules, this Agreement controls the Parties’ dispute. Participant may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitration will be held before one arbitrator and that person will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.
The Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action except as specified in this section. The arbitrator may grant any remedy, relief or outcome that the parties could have received in court, including awards of attorney’s fees and costs, declaratory, or injunctive relief, in accordance with the law(s) that applies to the case, but the arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief as warranted by the party’s individual claim. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), the Parties agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated only in the courts provided for under the laws of the Commonwealth of Virginia. If for any reason a claim proceeds in court rather than in arbitration, the Parties give up any right to a jury trial.
The arbitrator shall have exclusive authority to resolve any dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all disputes arising out of or relating to class action waiver, including any claim that all or part of Class Action Waiver is unenforceable, illegal, void, or voidable, or that the Class Action Waiver has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in this section, all disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) any dispute brought after the filing of an arbitration demand relating to whether a condition precedent has been or is required to be satisfied shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the Batch Arbitration provision. The arbitrator shall have the authority to grant motions dispositive of all or part of any dispute. The arbitrator may direct the reasonable exchange of information between the Parties, consistent with the nature and purpose of arbitration and applicable law. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
The Parties agree that in the interest of efficiency, if there are twenty-five (25) or more individual arbitration notices of a substantially similar nature filed against Stride by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period, AAA shall: (1) follow the AAA Mass Arbitration Supplementary Rules (as currently in effect and as modified herein); (2) administer the arbitration demands in batches of 100 arbitration notices per batch (or a single batch if fewer than 100); (3) appoint one arbitrator for each batch; (4) administer the batches concurrently; and (5) resolve batches via a single consolidated arbitration with consolidated filing and administrative fees due per side per batch, and one procedural calendar, hearing (if any), and award. An award in one batch of arbitration notices shall have no precedential effect on any subsequent batches. The Parties agree that arbitration notices are “substantially similar” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. If the Parties disagree on the application of the Batch Arbitration process, the disagreeing Party shall advise AAA, and AAA shall appoint a sole arbitrator to determine the applicability of the batching process described above.
PARTICIPANT HAS THE RIGHT TO OPT OUT OF THE PROVISIONS OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE TO STRIDE, INC. 11720 Plaza America Drive, 9th Floor, Reston, Virginia, 20190, ATTENTION: LEGAL DEPARTMENT, WITHIN THIRTY (30) DAYS AFTER FIRST BECOMING SUBJECT TO THIS ARBITRATION AGREEMENT. NOTICE MUST INCLUDE PARTICIPANT’S NAME AND ADDRESS, THE EMAIL ADDRESS USED TO SET UP THE ACCOUNT (IF PARTICIPANT HAS ONE), AND AN UNEQUIVOCAL STATEMENT THAT PARTICIPANT WANTS TO OPT OUT OF THIS ARBITRATION AGREEMENT. ALL OTHER PARTS OF THESE TERMS WILL CONTINUE TO APPLY AFTER OPTING OUT. OPTING OUT OF THIS ARBITRATION AGREEMENT HAS NO EFFECT ON ANY OTHER CURRENT OR FUTURE ARBITRATION AGREEMENTS WITH STRIDE.
To the fullest extent permitted by applicable law, Participant will indemnify, defend (at Stride’s option), and hold harmless Stride and its respective officers, directors, agents, partners, and employees from and against any losses, liabilities, claims, demands, damages, expenses, or costs (including legal fees) arising out of or related to: (a) Participant’s breach of this Agreement; (b) Participant’s violation (or alleged violation) of applicable law or the rights of any third party; or (c) Participant’s use of the Beta Product.
This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes all prior agreements and understandings. Participant may not assign this Agreement without Stride’s prior written consent.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.