Terms of Service and User Agreement

These Terms of Service and User Agreement (the “Terms”) are a binding agreement between you and Intelligena LLC, a California limited liability company (“Intelligena”, “we”, “us” or “our”), the owner and creator of Thesaurica and of the websites, applications and services through which it is made available (together, the “Service”). Thesaurica is provided free of charge, with no guarantee or warranty of any kind, as described in Section 6.

1. Acceptance of these Terms

By accessing or using any part of the Service, you agree to these Terms and to the Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Service.

You agree that continuing to use the Service after being given notice of these Terms manifests your assent to be bound. You agree these Terms are enforceable against you whether or not you actually read them, provided they were made available to you before you continued using the Service.

If you use the Service on behalf of a school, classroom or other organisation, you represent that you have authority to bind that organisation, and “you” means that organisation. If you lack that authority, you accept these Terms in your personal capacity.

2. Eligibility, accounts and minors

1. The Service does not require an account. It is intended for educators and administrators and is not directed to children; we do not knowingly collect personal information from anyone under 13.
2. If you are under 18, you may use the Service only where your use has been authorised by a parent, legal guardian, school or teacher who has agreed to these Terms on your behalf.
3. A school, teacher or parent who enrols or authorises a person under 18 represents and warrants that it has obtained every consent required by law — including under the Children’s Online Privacy Protection Act (COPPA) and the Family Educational Rights and Privacy Act (FERPA) — and is solely responsible for having done so.

3. The Service, your licence to use it, and the free-service commitment

We grant you a limited, personal, revocable, non-exclusive, non-transferable licence to access and use the Service for its intended purpose. All rights not expressly granted are reserved.

You must not, and must not permit anyone else to:

• copy, modify, translate, adapt, or create derivative works of the Service;
• reverse engineer, decompile or disassemble any part of the Service, except to the minimum extent that applicable law expressly prohibits this restriction;
• resell, sublicense, rent, lease or provide the Service as a service bureau to any third party;
• use the Service, or any output of it, to build, train, fine-tune or evaluate a machine-learning model, or to build a competing product;
• scrape, crawl, harvest or use any automated means to bulk-extract content from the Service;
• circumvent, disable or interfere with any security or access-control feature; or
• remove, obscure or alter any proprietary notice.

4. Your submissions and content you create locally

The Service has no facility for you to upload or store content. The only things you can send us are the contact details and messages you type into our forms, which we handle as described in the Privacy Policy. Anything you build or create while using the Service is held in your own browser and is not transmitted to us.

5. Our intellectual property — all rights reserved

Free access to the Service is a limited licence to use it for its intended purpose. It is not a licence to copy, reproduce, redistribute, publish, publicly perform or display, sell, rent, lease, sublicense, translate, adapt, mirror, frame, reverse-engineer, scrape or bulk-download any part of the Service or its content, or to use it, in whole or in part, as training or evaluation data for a machine-learning model, without our prior written permission. Nothing in these Terms transfers any ownership to you.

Third-party open-source components used to build the Service keep their own licences, and nothing in this Section grants or restricts rights in them beyond what those licences already provide.

If you believe content on the Service infringes your copyright, write to support@thesaurica.com describing the work, its location on the Service, and your contact information, and we will investigate.

Feedback. If you send us suggestions, ideas or other feedback, you irrevocably assign to Intelligena LLC all right, title and interest in it, at no charge and with no obligation of attribution or compensation.

6. No guarantee or warranty, and third-party content

The Service may integrate or link to services we do not control. We do not control, endorse or assume any responsibility for any third-party service or content, and your use of one is entirely at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties. Where a jurisdiction whose law applies to you does not allow an exclusion above, that exclusion does not apply to you to that extent, and the remaining exclusions continue to apply in full.

7. Limitation of liability

7.3 — What is not limited. Nothing in these Terms excludes or limits any liability that cannot be limited by law. In particular, nothing here purports to exempt Intelligena from liability for its own fraud, wilful injury to the person or property of another, or violation of law, within the meaning of California Civil Code section 1668; for gross negligence; for death or personal injury caused by negligence; or for any other liability that applicable law does not permit to be limited. If any part of this Section 7 is held unenforceable as applied to a particular claim, it continues to apply in full to every other claim.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Where that is so, the exclusions and limitations above apply to you only to the fullest extent that jurisdiction permits.

8. No personal liability of members, managers or officers

Intelligena is a limited liability company. Its members and managers are not liable for its debts, obligations or liabilities under California law. The persons named in this Section are intended third-party beneficiaries of this Section and of Sections 6 and 7, and may enforce them directly. This Section does not apply to any liability that cannot lawfully be disclaimed, including a person’s own fraud or wilful misconduct.

9. Indemnification

You will defend, indemnify and hold harmless Intelligena LLC and its members, managers, officers, employees, contractors, agents and affiliates from any claim, loss, liability or expense (including reasonable attorneys’ fees) arising out of or relating to: your access to or use of the Service; your breach of these Terms; your violation of any law or of the rights of any person; and any content you submit to the Service. We may assume sole control of the defence of any such claim at your expense, and you must cooperate.

10. Dispute resolution — arbitration and class action waiver

1. Informal resolution first. Before starting an arbitration or any proceeding, you agree to send a written notice of dispute to support@thesaurica.com describing the claim and the relief sought, and to negotiate in good faith for 60 days. This is a condition precedent to commencing any proceeding, and the limitation period in Section 13 is tolled while it runs.
2. Agreement to arbitrate. Any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures then in effect. This agreement to arbitrate is governed by the Federal Arbitration Act.
3. Seat and hearing. The arbitration will be seated in San Diego County, California. You may elect a hearing in the county of your residence or a documents-only proceeding where the applicable rules allow.
4. Arbitrator’s authority. The arbitrator has exclusive authority to resolve all disputes, including any challenge to this Section, except that a court has exclusive authority to decide the enforceability of Section 10.5. The award is final and binding and may be entered in any court of competent jurisdiction.
5. CLASS ACTION AND JURY TRIAL WAIVER. YOU AND INTELLIGENA LLC EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO BRING, JOIN OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE PROCEEDING. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. If this Section 10.5 is held unenforceable as to a particular claim, that claim is severed from the arbitration and heard in the courts identified in Section 11, and every other claim remains in arbitration.
6. Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to protect its intellectual property or to prevent unauthorised access to the Service.
7. How to opt out. You may reject this Section 10 by sending written notice within 30 days of first accepting these Terms to support@thesaurica.com, stating your name and that you opt out of arbitration. Opting out affects no other part of these Terms. If you opt out, Section 11 governs.

11. Governing law and forum

These Terms are governed by the laws of the State of California, United States of America, without regard to its conflict-of-laws rules. To the extent any dispute is not subject to arbitration under Section 10, you and Intelligena irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California.

12. Time limit for claims

Any claim arising out of or relating to these Terms or the Service must be commenced within 12 months after the claim arose. A claim not commenced within that period is permanently barred. Where applicable law does not permit a limitation period to be shortened, this Section does not apply to you.

13. Changes to these Terms

We may change these Terms at any time. For a material change we will give at least 30 days’ notice, where reasonably practicable, by a notice in the Service, and will update the version at the top of this page. Continuing to use the Service after a change takes effect is your acceptance of the changed Terms.

14. General

1. Severability and reformation. If any provision of these Terms is held invalid, illegal or unenforceable, it will be modified and interpreted so as to best accomplish its objectives to the greatest extent permitted by applicable law, and if it cannot be so modified it will be severed; every remaining provision continues in full force.
2. No waiver. A failure or delay in enforcing any provision is not a waiver of it.
3. Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and Intelligena about the Service.
4. Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between us.
5. Headings. Headings are for convenience only. These Terms will not be construed against the drafter.

15. Contact

Questions about these Terms, and any notice you send us, should go to support@thesaurica.com. Our contact details are set out below.