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Legal

UPDATED AND EFFECTIVE OCTOBER 15, 2020
Overview.

Welcome to Mighty Scholar, a company by Merlin Creative, Inc. (the “Company”, “we” or “our”).  We invent and deliver creative digital platforms and content through our curated network of top-tier talent, and we’re excited about our partnership together. These are our Standard Terms & Conditions of Service, which sets out the services, fees and other terms of our engagement (the “Engagement”).

Services.

We will provide the Customer (“you”) with educational instructors (our “Partners”) and services which may include, but are not limited to, educational tutoring, homework help, studying skills, literacy training and special education consultation. The services of our company and Partners may be obtained individually or collectively, at your discretion.

Consideration.

For our services, we charge on a subscription basis, as explained in our pricing policy at the time you sign up as a Customer. Each subscription is for a specific service specified at a specific frequency, as you choose at the time of executing your subscription. Specific fees may vary based on pricing plan and/or other considerations made at the time of sign up or at any other time, including as described either verbally, in writing or on our web and mobile platforms, as determined by the Company. You, or any member of the platform that you have added or invited, including any child or student for which you are responsible, may request services, create or change a subscription at any time. You will be responsible for the cost of these services. Our fees may be amended from time to time, and you will be given notice no less than 30 days in advance of any change in fees using the E-mail address you provided when you signed up, which can be amended by you at any time by signing into your account and managing your profile settings within the platform. You will be billed or charged weekly for services rendered, either on the credit card you provided or, if specifically agreed to by the Company, against funds placed in escrow.

Term.

Our Engagement, including any and all of your active subscriptions, will continue indefinitely unless terminated (the “Term”). Either of us can terminate the Engagement, or any subscription, at any time for any reason. If you choose to terminate our Engagement or any subscription, the Engagement and/or subscription will terminate at the end of your current billing period. Upon termination, all fees incurred prior to the termination, or that subsequently become incurred as a result of actions taken prior to the termination, will become due immediately. This Engagement shall survive the sale of the Company or the or substantial transfer of our assets, customers or business to any other entity.

Changing Your Subscriptions.

You may pause or cancel your active subscription(s). Pausing or canceling your subscription will occur at the end of the current billing period. If you choose to pause or cancel your subscription, no refunds or partial refunds will be rendered.

Confidential & Proprietary Information.

We acknowledge that, from time to time, we may become party to Confidential and Proprietary Information about each other. We both acknowledge that Confidential and Proprietary Information is a special, valuable and unique asset, and agree to keep in confidence and trust all Confidential and Proprietary Information. “Confidential and Proprietary Information” means all information, whether in electronic, written, or any other form, of a confidential, proprietary, or secret nature that is or may be applicable or related in any way to the present or future business of either party or any of either party’s clients or customers, including but not limited to any trade secrets, processes, formulas, data, knowhow, compensation systems or methods, improvements, inventions, source codes, computer software, nonpublic financial information, algorithms, databases, flow charts, tables, design information, techniques, lists, marketing plans and strategies, and any and all other nonpublic information concerning our business, clients, customers, contractors or vendors.

Non-Solicitation.

During the Term of this Engagement and for a period of one year following termination, you agree not induce or attempt to induce directly or indirectly any of our employees, contractors, members or representatives to terminate his or its employment or business relationship with us, unless permission to do so is provided in writing, including via E-mail. This provision explicitly includes any engagement with any one of our Partners, employees or contractors outside of your Engagement with the Company.

Indemnity.

We mutually agree to release and hold each other and any of our past, present or future parents, partners, subsidiaries, predecessors, successors, affiliates, agents and assigns and their respective owners, directors, employees, representatives and attorneys (the “Indemnitees”) harmless from and indemnify them against any and all liabilities, costs, damages, losses and expenses, including reasonable attorneys’ fees, that the Indemnitees incur as a result of any claim, suit, demand, or proceeding instituted against any of them on the basis that the Services infringe on any personal or proprietary right of any third party, including but not limited to rights asserted under any contract or under patent, copyright, trade dress, or trade secret law. This also includes all liability or claims arising from accidents or injury to our employees or third parties acting under the your direct supervision in the course of the performance of the Services. We retain the sole discretion to choose our own legal representation in such matters. This shall survive the termination of our Engagement.

Representations.

Finally, you represent and warrant that you are able to enter into this Engagement, and that such ability is not limited or restricted by any agreements or understandings between yourself and any other persons or companies

Legal

Overview.

Welcome to Mighty Scholar, a company by Merlin Creative, Inc. (the “Company”, “we” or “our”).  We invent and deliver creative digital platforms and content through our curated network of top-tier talent, and we’re excited about our partnership together. These are our Standard Terms & Conditions of Service, which sets out the services, fees and other terms of our engagement (the “Engagement”).

Services.

We will provide the Customer (“you”) with educational instructors (our “Partners”) and services which may include, but are not limited to, educational tutoring, homework help, studying skills, literacy training and special education consultation. The services of our company and Partners may be obtained individually or collectively, at your discretion.

Consideration.

For our services, we charge on a subscription basis, as explained in our pricing policy at the time you sign up as a Customer.  Each subscription is for a specific service specified at a specific frequency, as you choose at the time of executing your subsciption. Specific fees may vary based on pricing plan and/or other considerations made at the time of sign up or at any other time, including as described either verbally, in writing or on our web and mobile platforms at the time a project is commenced, as determined by the Company.  Our fees may be amended from time to time, and you will be given notice no less than 30 days in advance of any change in fees using the E-mail address you provided when you signed up, which can be amended by you at any time by signing into your account and managing your profile settings within the platform. You will be billed or charged no less than monthly for services rendered, either on the credit card you provided or, if specifically agreed to by the Company, against funds placed in escrow. Any work product we create will remain our property until fees for such work product are fully satisfied, at which time you will become the sole owner of the work product. Nonetheless, we reserve the right to utilize any work product created by the Company for the promotion of the Company, unless specifically agreed to in writing prior to the commencement of an Engagement.

Term.

Our Engagement will continue indefinitely unless terminated (the “Term”). Either of us can terminate the Engagement at any time for any reason. If you choose to terminate our Engagement, the Engagement will terminate upon the first of the next calendar month, provided you have given at least 30 days notice. Therefore, for example, should you terminate our Engagement on the 24th of the month of May, you will no longer be billed for services as of the the end of the month of June. Upon termination, all fees incurred prior to the termination, or that subsequently become incurred as a result of actions taken prior to the termination, will become due immediately. This Engagement shall survive the sale of the Company or the or substantial transfer of our assets, customers or business to any other entity.

Confidential & Proprietary Information.

We acknowledge that, from time to time, we may become party to Confidential and Proprietary Information about each other. We both acknowledge that Confidential and Proprietary Information is a special, valuable and unique asset, and agree to keep in confidence and trust all Confidential and Proprietary Information. “Confidential and Proprietary Information” means all information, whether in electronic, written, or any other form, of a confidential, proprietary, or secret nature that is or may be applicable or related in any way to the present or future business of either party or any of either party’s clients or customers, including but not limited to any trade secrets, processes, formulas, data, knowhow, compensation systems or methods, improvements, inventions, source codes, computer software, nonpublic financial information, algorithms, databases, flow charts, tables, design information, techniques, lists, marketing plans and strategies, and any and all other nonpublic information concerning our business, clients, customers, contractors or vendors.

Non-Solicitation.

During the Term of this Engagement and for a period of one year following termination, you agree not induce or attempt to induce directly or indirectly any of our employees, contractors, members or representatives to terminate his or its employment or business relationship with us, unless permission to do so is provided in writing, including via E-mail. This provision explicitly includes any engagement with any one of our Partners, employees or contractors outside of your Engagement with the Company.

Indemnity.

We mutually agree to release and hold each other and any of our past, present or future parents, partners, subsidiaries, predecessors, successors, affiliates, agents and assigns and their respective owners, directors, employees, representatives and attorneys (the “Indemnitees”) harmless from and indemnify them against any and all liabilities, costs, damages, losses and expenses, including reasonable attorneys’ fees, that the Indemnitees incur as a result of any claim, suit, demand, or proceeding instituted against any of them on the basis that the Services infringe on any personal or proprietary right of any third party, including but not limited to rights asserted under any contract or under patent, copyright, trade dress, or trade secret law. This also includes all liability or claims arising from accidents or injury to our employees or third parties acting under the your direct supervision in the course of the performance of the Services. We retain the sole discretion to choose our own legal representation in such matters. This shall survive the termination of our Engagement.

Representations.

Finally, you represent and warrant that you are able to enter into this Engagement, and that such ability is not limited or restricted by any agreements or understandings between yourself and any other persons or companies.

Overview

Protecting your private information is our priority. This Statement of Privacy applies to Mighty Scholar, a project of Merlin Creative, Inc. (the “Company”, “we” or “our”), www.mightyscholar.com, the web application at app.mightyscholar.com, any associated mobile-native application, and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Mighty Scholar and Merlin Creative, Inc. include the aforementioned digital properties.  The website www.mightyscholar.com and associated applications are technology and educational services sites. By using these website(s) and/or services provided through such website(s), you consent to the data practices described in this statement.

Collection of your Personal Information

We may collect personally identifiable information, such as your name. If you purchase our products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. We may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future.


Information about your computer hardware and software may be automatically collected. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the our websites.


Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through public message boards, this information may be collected and used by others.


We encourage you to review the privacy statements of websites you choose to link to or from our websites so that you can understand how those websites collect, use and share your information. We are not responsible for the privacy statements or other content on websites outside of the our websites.

Use of your Personal Information

We collect and use your personal information to operate its website(s) and deliver the services you have requested.


We may also use your personally identifiable information to inform you of other products or services available from our Company and its affiliates. We may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

We do not sell, rent or lease customer lists to third parties.


We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. We may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services, and they are required to maintain the confidentiality of your information.


We may keep track of the websites and pages our users visit, in order to determine what services are the most popular. This data is used to deliver customized content and advertising to customers whose behavior indicates that they are interested in a particular subject area.


We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on our Company or the site; (b) protect and defend the rights or property of our Company; and, (c) act under exigent circumstances to protect the personal safety of users of our Company, or the public.

Use of Cookies

Our websites may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.


One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize certain pages, or register with a site or services, a cookie helps us to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same website, the information you previously provided can be retrieved, so you can easily use the features that you customized.


You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the our services or websites you visit.

Security of your Personal Information

We secure your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

Children Under Thirteen

We do not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications by contacting us here:
– Email: hello@mightyscholar.com

Changes to this Statement

We will occasionally update this Statement of Privacy to reflect company and customer feedback, and changes will become immediately effective upon posting. We encourage you to periodically review this Statement to be informed of how we are protecting your information.

Contact Information

We welcome your questions or comments regarding this Statement of Privacy. If you believe that we have not adhered to this Statement, please contact us at:


Mighty Scholar

c/o Merlin Creative Inc.
ATTN: LEGAL
1635 Market Street, 15th floor
Philadelphia, PA 19103

hello@mightyscholar.com