Terms of Service

Welcome to Codeverse! Founded on the mission “To inspire and empower every kid to create”, Codeverse is the world's first platform with a creative studio and learning platform for kids to play, code and publish their own games and apps . The following Terms of Service (the “Terms”) apply, as the name suggests, when you view or use our Service (as defined below). PLEASE REVIEW CAREFULLY, AS THESE TERMS OF SERVICE CONTAIN A CLASS ACTION WAIVER, JURY WAIVER, AND AN AGREEMENT TO RESOLVE ANY DISPUTE THAT MAY ARISE BY ARBITRATION.

BY ACCESSING OR USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH OUR TERMS. THESE TERMS APPLY TO YOU AND THE KIDS SET FORTH IN YOUR ACCOUNT FOR ALL PAST, PRESENT, AND FUTURE USE OF THE SERVICE PROVIDED BY AMERICADEMY, INC. AND TEACH A BILLION KIDS TO CODE, LLC AS WELL AS THEIR AFFILIATES AND SUBSIDIARIES (“CODEVERSE”). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE UNFORTUNATELY NOT PERMITTED TO ACCESS OR USE THE SERVICE. YOU AGREE THAT NO ORAL REPRESENTATIONS OR STATEMENTS HAVE BEEN MADE APART FROM THESE TERMS OR ANY SIGNED AGREEMENTS.

The Company

Codeverse (the “Company”) refers to Americademy, Inc. and Teach a Billion Kids to Code, LLC as well as their affiliates and subsidiaries (collectively "Codeverse", “we”, “us”, “our”, or the “Company”).

The Service

Our Service provides kids the tools and learning platform to code and create their own apps and games using software, products, and services designed by Codeverse specifically for kids, including but not limited to the use of our website (www.codeverse.com), programs offered on our website, Codeverse software and applications, virtual experiences via Codeverse platforms or third-party platforms, access to apps and games that are submitted by users to be accessible to other users (“Community Games”), competitions that may result in an award (the “Award”) from a fund (the “Creator Fund”), and/or in-person events (collectively and individually the “Service”).

Your Account

To register a Codeverse account and access our Service, you must be at least the age of majority in the state in which you reside (which is eighteen (18) years old in most jurisdictions) and a parent/legal guardian of any minors whom you add to your account. You are responsible for any and all actions using your account; therefore, you agree to maintain confidentiality of your account, including but not limited to restricting access to your devices and password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization, or any name that is offensive, vulgar, or obscene. Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your account or any public display or misuse of your user content. Company does not, and cannot, prescreen or monitor all user content.

Representation

You acknowledge that you have the authority to agree to these Terms as a parent or guardian on behalf of the kids set forth by you under your account (“your kids”).

Prohibited Use

To ensure safe and productive learning, your permission to use the Service is contingent on the following restrictions. You agree that you will not under any circumstances:

  • Submit false or misleading information; post abusive, defamatory, false, obscene, offensive, malicious, or threatening content;
  • Use the Service for any unlawful purpose;
  • Solicit others to perform or participate in any unlawful acts;
  • Harass, abuse, or harm any person;
  • Access another user’s account without permission;
  • Infringe upon or violate the intellectual property rights of Codeverse or others;
  • Collect or track the personal information of others; or
  • Interfere with the proper functioning of the Service.

Your Privacy

Your privacy is very important to us. When you access or use the Service, you signify your agreement to our Privacy Policy. To provide you with a safe and high-quality experience, we may monitor or record activity during virtual sessions, in-person events, and communications for quality assurance, training, security, and product development purposes.

Your Free Trial

Your 7-day free trial begins on the date that you select and ends at 11:59pm CST on the seventh day after. Upon completion of your trial period, you will automatically be enrolled as a Member for a monthly fee charged to the credit card provided. If you do not wish to become a Member, you may cancel at any time during your trial period by emailing support@codeverse.com. Reminders will be sent three (3) days and one (1) day before your free trial ends. Limit one (1) free trial per kid.

Your Purchases and Awards

If you wish to make any purchases available through the Service, you will be required to supply a valid payment method accepted by Codeverse and accurate billing information, including full legal name, address, and telephone number. You represent and warrant that (i) you have the legal right to use any and all credit cards or other payment methods in connection with any of your purchases and (ii) the information you supply to us is true, accurate, and complete. By submitting your payment method, you authorize Codeverse to charge payments for all your purchases and subscriptions under your Account. The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of any purchase. By submitting your information, you grant us the right to provide your information to these third parties subject to our Privacy Policy. Your credit card information will always be encrypted during transfer over networks for the purpose of a transaction. We reserve the right to refuse or cancel your purchases at any time due to availability, error in offering description or price, suspicion of unauthorized or illegal activity, or other reasons at our sole discretion. You will be charged and agree to pay the full price for all purchases made under your account at the time that they occur, with the exception of programs that have a specified payment schedule or billing cycle. All prices are subject to change upon reasonable notice by Codeverse. Any change to subscription pricing will take effect after the end of the current Billing Cycle during which the price change occurred. After receiving notice with sufficient opportunity to modify your subscriptions or memberships, your continued use of the Service will constitute your agreement to pay the updated prices. If your payment method fails, for whatever reason, you will be responsible for providing a replacement payment method to cover current and future payment obligations. If you fail to pay any fees or charges when due, you will be responsible for any reasonable collection costs that we may incur in efforts to collect any unpaid balances from you.

Membership & Subscriptions. If your purchase includes a membership, then you will be billed for the membership on a subscription basis. For subscriptions, you will be charged for the first month beginning on the day after your free trial ends. For subsequent months, you will be billed on a recurring monthly basis ("Billing Cycle"). At the end of each Billing Cycle, your subscription will automatically renew under the exact same conditions until cancellation.  

Deposits. All deposits are refundable up to thirty (30) days before the start of the respective program, at which time you will be charged for any remaining balance on your respective purchase.

Discounts & Early Cancellation. If you receive a discount for a multi-month commitment and cancel prior to the end of the discounted term, you will be subject to an early cancellation fee equal to the total discount that you received.

Refunds. All sales are final. Certain refund requests may be considered by Codeverse on a case-by-case basis and granted at the sole discretion of Codeverse. In order to request a refund, send an email with the subject “Refund Request” to support@codeverse.com stating the amount of the requested refund and reason.

Rescheduling & Canceling. If you would like to reschedule or cancel a registered session, you can do so using your Codeverse Parent Portal up to the day prior to your registered session. If you do not reschedule or cancel the day before your registered session and you miss your registered session, then the session will be deducted from your membership.

Membership Cancellation. If you wish to cancel your membership of the Service, you can contact the Codeverse customer support team by email (support@codeverse.com). Please note that termination is effective only once confirmed in writing by our team and your cancellation will start from your next bill date onwards. At the time of cancellation, you will be responsible for any outstanding charges associated with your account. If you cancel your membership, you will no longer be eligible for any promotional pricing in place before cancelling if you decide to reactivate later.

Award Participation.  As part of the Services, we may offer competitions to encourage and facilitate your child’s creation and modification of apps and games.  If your child is eligible and wishes to participate in any competitions for Awards included in the Services, you may be required to provide certain tax, account, and other financial information to facilitate payment to you in the event your child wins an award from the Creator Fund.  You consent to receive any Awards resulting from your child’s participation in any competition on behalf of your child.  We may publicly report the payment of any Awards for compliance and disclosure purposes and use information regarding the Awards for promotional purposes.  

Termination. We may suspend or terminate your account and/or access to the Service, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes and Updates. We may make changes to the features, functionality, or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any information or content appearing on the Services.

Our Communications

For contractual purposes, you consent to receive communications from Company in electronic form to the email address that you have submitted, and agree that all Terms, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your nonwaivable rights. We may also use your email address to send you other messages, including information about Codeverse and special offers. We may use your phone number to send you information about your ongoing use of the Services, including updates about appointments and answering any questions you may have. You may opt out of such email or text messages by changing your account settings or sending an email to support@codeverse.com.

Intellectual Property

The Service. You acknowledge and agree that Codeverse retains ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. We reserve all rights that are not expressly granted to you under the Terms. The Service and its original content, features, and functionality are and will remain the exclusive property of Codeverse and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Codeverse. The trademarks and trade dress of Codeverse are proprietary to us and may not be used by you for any reasons other than as expressly permitted by these Terms. All website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Codeverse. Any other use of materials on our website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Codeverse, is strictly prohibited. You acknowledge that Codeverse and/or third-party content providers remain the owners of all website materials and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms. Codeverse may discontinue or remove the website, or any portion thereof, or discontinue your right to use the website, or any portion thereof, at any time.

Creations. By using the Service (including participating in any competitions for an Award), your child may be able to create, modify, display, and share apps and games (the “Creations”). You and your child retain ownership rights in the Creations, but Codeverse requires that you and your child grant certain rights to Codeverse and other users of the Service. You grant to Codeverse a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sublicensable and transferable license to use the Creations (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Codeverse’s business, including for promotional purposes. You and your child also grant other users of the Service a worldwide, non-exclusive, royalty-free license to access the Creations and to use the Creations (including to reproduce, distribute, prepare derivative works, display, and perform it) only as enabled by a feature of the Service.

For example, certain aspects of the Service allow users to collaborate and build upon existing apps and games. In the circumstances where multiple users are collaborating on an app or game, a child shall retain ownership in his or her respective contribution to such app or game and shall license such contribution to Codeverse and other users as stated herein. Other aspects of the Service allow other users to access Community Games or Creations that arise from participation in a competition for an Award. Your license to us allows us to (i) make available Community Games and any identifying information you make available about your child with the Community Games for use and access by third-parties and (ii) use Creations arising from participation in a competition for an Award in connection with the Service and Codeverse’s business, including for promotional purposes. This license does not grant any rights or permissions for a user to make use of the Creations independent of the Service. The Creations you or your child submits must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Creations you or your child submits to the Service. You may remove the Creations at any time by contacting Codeverse at support@codeverse.com

You represent and warrant that you have the full right, power and authority to grant the rights set forth in these Terms on behalf of your child. You further represent and warrant that you or your child own all rights in and to the Creations and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who have any rights with respect to Creations. You represent and warrant that nothing in the Creations will be confidential, libelous, defamatory, obscene, pornographic, abusive, threatening, harassing, hateful, offensive or otherwise unlawful.

Community Games. As part of the Service, we offer users access to Community Games. Community Games contain Creations developed by kids who use the Service. Community Games are available to anyone who has created an account through the Service, including those who do not have paid subscriptions (“Non-Paying Members”). While Non-Paying Members will have access to the Community Games, their use of the Service is limited. For example, Non-Paying Members may not be able to partake in other aspects of the Service, such as, but not limited to, the development of Creations. Non-Paying Members are subject to these Terms of Service, to the extent applicable.

Our inclusion of any Creation in the Player Mode or selection of any Creation for an Award does not imply endorsement of the Creation or the creator of it.

Copyright Complaints

We respect the intellectual property of others, and we ask you to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyright work that you claim has been infringed;

• A description of where the infringing material is located on the Services;

• Your address, telephone number, and email address;

• A statement by you that you have a good faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can reach us directly by emailing us at support@codeverse.com with the subject “Copyright Infringement.” Please note that we may request additional information before removing any allegedly infringing material.

Third-Party Content and Services

As part of the Service, Company may provide you with convenient links to third-party websites as well as content or items belonging to or originating from third parties.  Company may also provide you with tools to export information or content to third-party services or websites.  These links and tools are provided as a courtesy to Service users, but Codeverse is not responsible for the content or actions, such as the use of information, of third parties as such content and actions are outside of our control. Accordingly, you should review the applicable terms and policies, including privacy and data collection practices, of any site to which you navigate or relating to any applications that you use or install from any third-party content.  You hereby expressly relieve Company of any and all liability arising in connection with your use of any third-party content, website or services and any third-party website or service’s use of your data.

Indemnification

You agree to release, defend, indemnify, and hold harmless Codeverse and its licensees, licensors, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of: (i) your use and access of the Service, by you or any person using your account; (ii) any third-party’s use and/or access of your or your child’s Creations, including a Community Game or a Creation entered into a competition for an Award; and/or (iii) any breach of these Terms. If you have a dispute with one or more users of the Service or a third-party merchant of a product or service, you agree to release Codeverse (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Creations Disclaimer

We may, but are under no obligation to, edit or control the Creations that your child or others create, modify, display, share, or otherwise make available through the Service, and we will not be in any way responsible or liable for the Creations. We may, however, at any time and without prior notice and for any reason in our sole judgment, screen, remove, edit, or block any Creations. You acknowledge that when you or your child uses the Service, you and your child will be exposed to Creations from a variety of sources and that some of the Creations may be inaccurate, offensive, indecent, or objectionable. You hereby waive any legal or equitable right or remedy you have or may have against us with respect to the Creations. If we are notified by users or customers that a Creation allegedly violates these Terms of Service, we may investigate the allegation and determine, in our sole discretion, whether to remove such Creation, which we reserve the right to do at any time and without notice. All of the Creations are subject to the Copyright Complaints section, as found herein. If you feel any of the Creations found on through the Service are objectionable, please contact us at support@codeverse.com.

Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES, OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY CREATIONS.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, INCLUDING WITHOUT LIMITATION ITS AFFILIATES, DIRECTORS, EMPLOYEES, LICENSORS, PARTNERS, OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER TANGIBLE LOSSES, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT OR ANY CONTENT (INCLUDING, WITHOUT LIMITATION, ANY CREATIONS); YOUR USE OR INABILITY TO USE THE SERVICE; THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; ANY CONDUCT OR CONTENT (INCLUDING, WITHOUT LIMITATION, ANY CREATIONS) OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER INTERACTIONS WITH COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ANY LEGAL ACTION BY EITHER PARTY ARISING UNDER THIS AGREEMENT MUST BE FILED WITHIN TWELVE (12) MONTHS FROM THE DATE THAT SUCH CLAIM ARISES AND BOTH PARTIES WAIVE ANY RIGHT TO FILE ANY ACTION ARISING UNDER THIS AGREEMENT UNDER ANY LONGER STATUTE OF LIMITATIONS PERIOD. YOU FURTHER ACKNOWLEDGE THAT CODEVERSE AND THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR THE ERRORS, OMISSIONS, ACTS, OR FAILURES TO ACT OF ANY PARTY CONDUCTING A SPECIFIC EVENT, ACTIVITY, OR EXPERIENCE ON BEHALF OF CODEVERSE.  

Governing Law & Dispute Resolution

In the unfortunate event of any controversy or claim arising out of or relating to these Terms and your use of the Service, you agree that we will attempt to resolve any dispute through amicable, confidential negotiation amongst the parties. If the matter is not resolved by negotiation, then the dispute shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will take place in the city and country where the Company’s headquarters is located. If this location is not feasible, the arbitration shall occur in a location of the Company’s choosing. The language to be used in the arbitral proceedings will be English. The prevailing Party in any such dispute is entitled to recover its reasonable fees and costs, including without limitation reasonable attorneys’ fees. Any judgment under this section is fully enforceable in your country and state of residence. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION RELATING TO THIS AGREEMENT. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Teach a Billion Kids to Code, LLC Attn: Legal 1440 N Dayton St, Suite 100 Chicago, IL 60642, postmarked within thirty (30) days of first accepting these Terms of Service. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms of Service’s arbitration agreement. If you send the opt-out notice, and/or in any circumstances where the foregoing arbitration agreement permits either you or the Company to litigate any dispute arising out of or relating to the subject matter of these Terms of Service in court, then the foregoing arbitration agreement will not apply to either party, and both you and the Company agree that any judicial proceeding will be brought in the State or Federal Courts located in Cook County, Illinois, only. This Agreement shall be construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Modification

We reserve the right, at our sole discretion, to modify these Terms at any time. It is your responsibility to check the website from time to time to view any such changes. If you continue to use the Service, you signify your agreement to our amendments to the Terms. If we make a material revision to our Terms, we will send an email to the email address that you provided during registration. What constitutes a material change will be determined at our sole discretion. It is your responsibility to keep your contact and account information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Company. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Notice

Any legal notice must be provided via certified mail to:

Teach a Billion Kids to Code, LLC

Attn: Legal

382 NE 191st St, PMB 32453

Miami, Florida 33179-3899 US

Contact

The Codeverse team is here for you. Feel free to email us (support@codeverse.com) with your questions and suggestions.

Last updated: June 14, 2021