Terms of Use | Metana

Date of Publication: 12/09/2024

Please read this Terms of Use Agreement (“Agreement”) carefully, as it constitutes a legally binding agreement and applies to your use of (a) metana.io and all corresponding domains, subdomains, web pages and websites associated therewith (the “Site”), (b) Metana courses, career track programs, or other programs (“Programs”) including those that are offered through our University Partners, (c) any other content, applications, features, functionality, communication platforms, live events, information and services offered on or through the Site (the foregoing subsections (a), (b), and (c) are collectively referred to herein as the “Services”), which are offered to you by Metana (“Metana”, “we”, “us” or “our”). Metana is owned and operated by Edmore (Private) Limited.

Acceptance of Terms

Users of the Services (“Users”) includes but is not limited to, individuals and entities who access unpaid content or portions of the Services, and unregistered and Registered Users (as defined below). Users also include registered students (“Students”) who have current paid access to Metana Programs, as well as Metana staff, mentors, career coaches, external partners, vendors, and similar individuals and entities (collectively, “Participants”).

This Agreement applies to all Users (also referred to as “you” or “your”). By marking the checkbox labeled “Agree to Terms of Use” or by using the Services, you acknowledge and agree that you shall comply with this Agreement and any additional terms and conditions that we provide to you in connection with the Services and other products and services we may offer or make available to you (“Additional Terms”). Our Privacy Policy (“Privacy Policy”) and the Additional Terms are hereby incorporated into this Agreement by reference. To the extent that there is a conflict between this Agreement and the Additional Terms, the Additional Terms shall govern.

We may modify this Agreement from time to time and notice of such changes shall be given by posting an updated Agreement on the Site with the updated date next to “Last Updated.” We may provide notices of material changes to the Agreement by emailing you or notifying you upon login about these changes, provided that the form of such notice is at our discretion. Once we post or make available such changes to the Agreement, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by such changes. Please check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.

Eligibility For Use of Services

In order to use the Services, you must be 18 years of age or older, or be between 13 and 18 years of age and have the consent of your parent or guardian. By using the Services, you represent, warrant and covenant to Metana that you meet the foregoing eligibility requirements and further acknowledge and agree that certain features of the Services may be subject to heightened age and/or other eligibility requirements and restrictions.

User Registration

In order to access and utilize certain content, features, and/or functionality of the Services, we require that you become a registered User (“Registered User”) and register for a Metana user account (“User Account”) using your preexisting Facebook, Google, or LinkedIn account, or with a unique username (email address) and password combination (“User Credentials”), and provide certain additional information. Certain information you provide for your User Account will be visible to other Users of the Services. You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information.

Programs can be accessed by Participants. However, Participants must create User Accounts and become Registered Users in order to have access to the Programs. If you elect to become a Registered User of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to, or use of, the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. It is therefore critical that you do not share your User Credentials with anyone, and you should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your User Credentials or access your User Account. You agree to immediately notify Metana of any unauthorized use of your User Credentials or User Account, or any other breach of security. We reserve the right to deny access, use and registration privileges to any User of the Services if we believe there is a question about the identity of the person trying to access any User Account or element of the Services.

Access To And Usage Of The Services

If you are a Student, you must make your payments in order to access and maintain access to our Programs, this includes tuition and fees owed to a University Partner offering access to Metana’s courses. Without limiting the foregoing, Students may not access Programs if the term of their paid access has lapsed or if you have violated any term of this Agreement or other agreements and Additional Terms related to the Programs.

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Site, to Registered Users and/or otherwise, as we determine at our sole discretion. You further acknowledge and agree that certain Services (in whole or in part), and certain content contained therein, may be accompanied by technology and/or other restrictions (e.g., digital rights management technology, etc.) that protect digital information and content from unauthorized use and access and may limit and restrict your usage of such information and content in accordance with certain rules and restrictions. You agree to comply with such rules and restrictions at all times, and shall not violate or attempt to violate any security components thereof.

Term And Termination

This Agreement shall remain in effect while you use the Services. Metana may terminate this Agreement and/or suspend your use of or registration to the Services at any time based on a violation of these Terms of Use, Metana institutional policy, or the policies of our University Partners. Even after this Agreement and/or your use of the Services is terminated or suspended, your obligations under this Agreement, the Privacy Policy and the Additional Terms, including, without limitation, any indemnifications, warranties and limitations of liability, shall remain in effect, however, you agree that Metana shall have no further liability or responsibility to you.

1. The Metana Service

The Metana Service offers professional training programs (“Programs”) designed to enhance your skills. Upon successful completion of a Program, as determined by Metana, you may receive a certificate of completion (a “Certificate”).

You understand and acknowledge the following:

1. THE METANA SERVICE PROGRAMS ARE NOT ACCREDITED. Metana is not an accredited institution and does not confer formal degrees. A Certificate is not a formal degree.
2. YOU WILL NOT RECEIVE ACADEMIC CREDIT FOR YOUR COMPLETION OF A PROGRAM. A Certificate will not entitle you to academic credit recognized by any other institution.
3. COMPLETION OF A PROGRAM IS NOT A GUARANTEE OF FUTURE EMPLOYMENT OR ADVANCEMENT. While we believe that completing a Metana Service program will enhance your knowledge base and skill set and make you a more competitive employment candidate, we do not and cannot make any representations regarding your future employment or advancement.
4. YOUR WORK MUST BE YOUR OWN. The work you perform and submit (e.g., homework assignments, quizzes, exams, and projects) must be your own work (unless you are expressly permitted to collaborate).
5. YOU MAY NOT SHARE YOUR WORK WITH OTHERS. You are prohibited from sharing your work with others or performing work for others (unless expressly permitted to share or collaborate).
6. NO CHEATING. You must not engage in any dishonest or improper conduct to improve your results or affect the results of other students.
7. PROGRAM CHANGES AFTER ENROLLMENT REQUIRE AUTHORIZATION FROM METANA. Program changes are only allowed if authorized by Metana, and additional fees may apply.

2. Your Responsibilities

To participate in a Metana Program, you are required to register. During the registration process, Metana collects certain personal information about you. By registering, you agree that Metana may use the information it collects in accordance with its Privacy Policy, available at https://metana.io/privacy-policy/. You also agree that the information you provide during registration, and any updates you make thereafter, will be true, accurate, and complete. You must ensure that this information remains accurate and up-to-date at all times.

To access the Service, you must sign up as a new Metana user through the Site or Login using a new user account provided by Matana specifically to you. When registering, you must provide valid and accurate details as requested in the registration form or the Metana Admissions Team. Metana reserves the right to request verification of the information you provide and may require supporting documentation. If the information you provide is found to be inaccurate or inconsistent, Metana reserves the right to deny you access to your account.

As part of the registration process, you must choose a username or email and set a password. If your account is provided by Matana, bypassing the need to register yourself, you will need to log in using the link sent to your email and update your password.

Matana reserves the right to reject or revoke usernames at its sole discretion, including those that impersonate others, violate laws, contain offensive or vulgar content, infringe on trademarks or proprietary rights, or cause confusion.

You are responsible for maintaining the confidentiality of your username and password and agree not to share or transfer access to the Service with third parties

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR USERNAME AND PASSWORD AND FOR ANY ACTIVITIES THAT OCCUR THROUGH YOUR ACCOUNT. METANA WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR ACCOUNT CREDENTIALS OR FOR UNAUTHORIZED ACTIONS CONDUCTED THROUGH YOUR ACCOUNT.

We prioritize the integrity and well-being of the Metana community. To protect the community, you agree to comply with our Code of Conduct. Specifically, you agree not to use the Metana Service to:

• Violate any local, state, national, or international laws or regulations;
• Transmit material that is abusive, harassing, defamatory, vulgar, pornographic, obscene, libelous, invasive of privacy, hateful, or otherwise objectionable;
• Stalk, harass, bully, or harm others;
• Send unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation;
• Transmit malicious content, including adware, malware, viruses, or any harmful code that disrupts or damages systems;
• Tamper with or bypass any security features of the Metana Service;
• Impersonate another person or misrepresent your affiliation with a person or entity;
• Interfere with or disrupt the Metana Service, its servers, or connected networks, or fail to comply with the rules governing network usage;
• Alter or modify any component of the Metana Service, except for your own User Content (as defined below).

Additionally, you agree not to use automated systems such as “robots,” “spiders,” or “offline readers” to access the Metana Service without express authorization.

3. Fees, Payment, Refunds, Suspension, and Break

A. Payment

To the extent you choose to purchase Metana products/services, you represent and warrant that (i) you are 18 years of age or older and (b) you agree to pay, in full, any and all applicable fees and charges (including, without limitation, all applicable taxes) as they become due, and your failure to pay any such fees may result in the termination of your User Account. Metana does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to Metana at the time of purchase. If the payment method you use (e.g., credit card, etc.) reaches its expiration date and you do not edit your payment method information or cancel your User Account, you acknowledge and agree that Metana may continue to bill such payment method and you shall remain responsible for any uncollected amounts.

Regardless of your payment method, payment schedule, program progress, suspension and breaks (see “Suspension and Termination by Metana” and “Breaks and Program Transitions” below) , or usage of the Metana Service, you are fully responsible for paying the tuition fee in full. This obligation is non-suspendable and non-waivable.

The price for your Program(s) is set as stated on the applicable program payment page. Once you complete your purchase of the Program(s), the price of your Program will not change. However, prior to any purchase confirmation, prices are subject to change without notice.

Students can cancel or withdraw from our Programs by emailing [email protected]. Some students may be eligible to withdraw from our Programs via their User Account. Full and partial refunds upon cancellation or withdrawal may be given in certain cases based upon the date of withdrawal. For eligible withdrawals that occur after the full refund period, Metana may offer a pro rata refund based on time in the course. Please see the published procedures as outlined in the “Student’s Right to Cancelation, Withdrawal, and Refunds” and “Withdrawal and Pro Rata Refund Policy” sections below. Other than stated in our Refund Policy below, Metana does not guarantee refunds on any fees or charges related to Metana Programs including, without limitation, for lack of usage or dissatisfaction.

You acknowledge and agree that we may utilize certain third-party payment service providers, including, without limitation, third-party payment systems and payment processing services (“Third-Party Payment Providers”), in connection with your purchases via Metana. All purchases made through these Third-Party Payment Providers are subject to their respective terms and conditions of use. Metana makes no guarantees or representations regarding the performance or fairness of these Third-Party Payment Providers, and we encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

Tuition fees do not include taxes, fees, duties, or governmental assessments (excluding taxes based on Metana’s net income). You are responsible for any such taxes that may arise in connection with your use of the Service.

All charges on the Site are facilitated through Stripe Connect, a third-party payment processing service. In order to make a purchase on the Site, Users are subject to, and must expressly consent to, the Stripe Connected Account Agreement, including any modifications, which includes Stripe’s Stripe Terms of Use. As a condition of Metana enabling payment processing services through Stripe, you agree to provide Metana accurate and complete information about you and your business (if applicable), and you authorize Metana to share it and transaction information related to your use of the payment processing services provided by Stripe.

Metana may replace its Third-party Payment Providers, including Stripe, without notice to you. Additional terms may apply to your access to, and use of, the Services and all such terms are deemed Additional Terms and incorporated herein by reference.

i. Student’s Right to Cancellation, Withdrawal, & Refunds

Cancellation Policy & 100% Refund Policy

You may cancel your enrollment and receive a full refund of 100% of all payments made under the following conditions:

• Cancellation must occur within 14 calendar days from the latest of:
  1. The date you sign your enrollment agreement.
  2. The date you marked the checkbox labeled “Agree to Terms of Use”
  3. The date you make your first payment.
  4. Your first login to the course as recorded by Metana’s platform logs or Discord server, or by instructors.
  5. The Program Start Date (Orientation).

ii. Withdrawal & Pro Rata Refund Policy

If you wish to cancel your enrollment to the bootcamp 2 weeks after commencement, refunds will be prorated based on the number of weeks completed as stated below.

This Policy is only applicable for users who have paid the full amount of the total Invoice Value.

Web3 Solidity Bootcamp

Timeframe	Eligible Refund Rate (Calculated for the Total Invoice Value)
Before program begins	Full Refund
Week 1	Full Refund
Week 2	Full Refund
Week 3	75%
Week 4	75%
Week 5	50%
Week 6	50%
Week 7	50%
Week 8	50%
Week 9	25%
Week 10	25%
Week 11	25%
Week 12	25%
Week 13 +	No Refund

Web2 Full Stack Bootcamp

Timeframe	Eligible Refund Rate (Calculated for the Total Invoice Value)
Before program begins	Full Refund
Week 1	Full Refund
Week 2	Full Refund
Week 3	75%
Week 4	75%
Week 5	50%
Week 6	50%
Week 7	50%
Week 8	50%
Week 9	25%
Week 10	25%
Week 11	25%
Week 12	25%
Week 13 +	No Refund

Web3 Full Stack Beginner Bootcamp

Timeframe	Eligible Refund Rate (Calculated for the Total Invoice Value)
Before program begins	Full Refund
Week 1	Full Refund
Week 2	Full Refund
Week 3	75%
Week 4	75%
Week 5	75%
Week 6	75%
Week 7	50%
Week 8	50%
Week 9	50%
Week 10	50%
Week 11	25%
Week 12	25%
Week 13	25%
Week 14	25%
Week 15 +	No refund

Terms and Conditions Relating to Withdrawal and Pro Rata Refunds

The refunded amount; calculated based on the above stated pro rata refund policy, is calculated on the total invoice value (or the Total Bootcamp Price) and not the amount you have paid to date. If in any case the amount you paid to date is less than the total invoice value; you may not be entitled to a percentage of the amount you have paid as a refund. You must make the payment of the full invoice amount to be eligible for a refund on Pro Rata Basis.

The Pro Rata Refund Policy Only Applies for Users Who Have Fully Paid the Total Invoice Value.

How the Pro Rata Refund Policy applies to Monthly payments

If you have chosen the monthly payment option, you are not eligible for a pro-rata refund due to the nature of the payment plan. This is because monthly payments are made for services already rendered. Since no additional payments are made in advance, no refund applies except under specific conditions outlined below.

You are eligible for a full refund (100% of all payments made) if you request it within 14 calendar days from the latest of the following dates:

1. The date you sign your enrollment agreement.
2. The date you mark the checkbox labeled “Agree to Terms of Use.”
3. The date you make your first payment.
4. Your first login to the course, as recorded by Metana’s platform logs, Discord server, or instructors.
5. The Program Start Date (Orientation).

Breaks and Program Transitions

• Breaks during the bootcamp will not pause the refund policy.
• Breaks provided by Metana will pause the refund policy.
• Breaks will not count toward the total weeks of the bootcamp.
• Exceptional cases (e.g., medical emergencies, military deployment, or significant life events) may qualify for pro-rated refunds or deferment options (case-by-case basis).
• If the bootcamp is canceled prior to the start, a 100% refund will be issued, including registration fees.
• If the bootcamp is canceled after commencement, refunds will be prorated based on weeks completed.
• Refunds will be calculated based on the full invoice amount, not the amount paid to date.
• To qualify for a refund, students must submit plagiarism-free assignments, ensure all assignments are completed and reviewed, satisfactorily complete the bootcamp as evaluated by the Student Success Team, and pay all tuition fees in full and on time.
• Students making payments in installments are not eligible for any refunds, as payments are made to maintain access to the bootcamp.

Note : Failure to meet any of these criteria results in ineligibility for a refund, regardless of status or timing of the request.

B. Suspension and Termination by Metana

Metana may suspend your participation in a Program and/or issue a warning outlining the nature of a concern under the following circumstances:

1. Non-payment or Payment Issues: If you fail to pay tuition fees or if we are unable to process your payment.
2. Violation of Terms or Code of Conduct: If you breach these Terms or the Code of Conduct.
3. Failure to Meet Deadlines: If you do not meet Program deadlines for submitting tasks or projects.
4. Incomplete Documentation: If you fail to sign the enrollment agreement or other required paperwork before the Program Start Date or within 14 calendar days of receiving the paperwork, whichever comes first.

Suspension will remain in effect until you fully address and resolve the issues causing the suspension. If you fail to resolve the circumstances within three business days of receiving Metana’s notice of suspension, or if you repeat a violation of the Terms or Code of Conduct after receiving a prior warning, Metana reserves the right to terminate your access to the Program permanently. In such cases, you will not be entitled to a refund of any fees paid.

Payment Obligation During Suspension or Break

Regardless of the reason for your suspension or any break in your participation, you remain obligated to continue paying tuition fees until the full cost of the Program is paid. Suspension or breaks do not pause your enrollment period and will not impact refund calculations.

By understanding and adhering to these guidelines, you can avoid interruptions in your participation and maintain your status in the Program.

C. Request for Break

You may request a break from your studies for a period of up to three months. During this break, it remains your responsibility to meet all Program deadlines and complete the Program within the original timeframe.

By taking a break, you acknowledge and agree that:

1. Return to Studies: If you fail to resume your studies within three months, Metana reserves the right to terminate your access to the Program and your right to complete it.
2. Re-enrollment Required: Should you wish to resume after your break period has expired, you will need to re-enroll in the Program. Re-enrollment will be treated as a new admission, and no discounts or offsets will be applied for previous payments.

To request a break, please contact one of the instructors for the Program in which you are currently enrolled. It is essential to communicate your request promptly to ensure proper documentation and approval of your break.

Payment Obligation During Suspension or Break

Regardless of the reason for your suspension or any break in your participation, you remain obligated to continue paying tuition fees until the full cost of the Program is paid. Suspension or breaks do not pause your enrollment period and will not impact refund calculations.

By understanding and adhering to these guidelines, you can avoid interruptions in your participation and maintain your status in the Program.

4. Intellectual Property and Use of Metana Content

The content available through the Metana Service, excluding “User Content” or “Third-Party Content” (as defined elsewhere), includes but is not limited to videos, photos, text, software, scripts, graphics, sounds, music, interactive features, and similar materials (collectively referred to as “Content”). Additionally, certain names, logos, design marks, trademarks, and service marks displayed through the Metana Service (“Marks”) are owned by Metana, its affiliates, or licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

Restrictions on Use

Unless explicitly authorized by these Terms or as otherwise permitted by Metana through the Service, you agree not to engage in any of the following activities with respect to the Metana Service or any part of its Content or Marks:

• Copying, downloading, streaming, capturing, archiving, uploading, publishing, broadcasting, selling, reselling, modifying, translating, decompiling, disassembling, reverse engineering, or exploiting the Service for any purpose.

Personal Use Only

The Metana Service is intended solely for your personal, non-commercial use. You agree to adhere to all copyright and trademark notices, as well as other proprietary notices and restrictions associated with the Content. You must not:

• Remove, alter, interfere with, or bypass any copyright, trademark, or proprietary notices displayed on the Content.
• Circumvent any digital rights management mechanisms, devices, or other content protection or access control measures associated with the Content.

5. User Content

The Metana Service may allow users to post, share, and submit work, comments, messages, and other materials (collectively referred to as “User Content”). Such User Content is generally accessible to all users of the Metana Service. User Content submitted as part of a Metana competition or contest may be subject to additional terms that differ from these Terms.

License Grant to Metana

By submitting User Content to Metana, you grant Metana, its affiliates, successors, and assign a non-exclusive, fully-paid, royalty-free, transferable, irrevocable, perpetual, worldwide license. This license includes the right to grant sublicenses through multiple tiers, enabling Metana to display, publicly perform, distribute (including on third-party websites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works from, and otherwise use your User Content (in whole or in part) in any medium, now known or hereafter created, for any purpose.

No Compensation or Confidentiality

You agree that (i) you have no expectation of privacy in any User Content and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and Metana by reason of your transmitting User Content to any area of or in connection with the Services. You agree that all User Content is the sole responsibility of the person from which such User Content is originated. This means that you are solely and entirely responsible for the consequences of all User Content that you submit, upload, post, email, display, transmit or otherwise make available. You may not submit, post, email, display, transmit or otherwise make available any User Content that is or may be construed as in violation of this Agreement, as determined in Metana’s sole discretion.

Unless otherwise specified in applicable additional terms, you acknowledge and agree to the following:

1. No Compensation: You will not receive any compensation for your User Content or its use by Metana.
2. No Confidentiality: You have no expectation of privacy or confidentiality regarding your User Content. Avoid posting or sharing any material on the Metana Service that you do not want others to view.

Advertisements

Metana reserves the right to display advertisements in connection with, or based on, your User Content, as well as throughout the Metana Service.

Warranties and Representations

We do not acquire any title or ownership rights in the User Content that you submit and/or make available. After you submit, post, display, transmit or otherwise make available any User Content, you continue to retain any such rights that you may have in such User Content.

You represent and warrant that:

• Ownership: You own all rights to your User Content or have the necessary permissions to grant the rights described in these Terms.
• No Infringement: Your User Content does not infringe upon the copyright, trademark, patent, or other intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.

Content Review and Removal

Metana does not guarantee pre-screening of User Content. However, Metana reserves the right to review, pre-screen, or remove User Content after it is posted. This may occur for reasons including, but not limited to, ensuring compliance with these Terms, additional terms, or applicable laws and regulations. If your User Content violates any of these, Metana may remove it or restrict your access to the Service.

Liability Waiver

Metana disclaims all liability for User Content and its use or distribution. By using the Service, you waive any legal or equitable rights or remedies you may have against Metana in connection with your User Content.

For the User

Without limiting the foregoing, you may not submit, post, and/or otherwise make available through the Services any User Content that: you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, copyrighted or trademarked materials, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity; contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; and/or that is or may be construed as in violation of this Agreement, as determined in Metana’s sole discretion.

6. Third-Party Projects and Content

The Services may provide the use of and/or utilize certain social media features and functionality in connection with your use of the Services, including, without limitation, in order to enable you to log-in to the Services via third party online services, such as Facebook, Google, and LinkedIn (“Third Party Social Media Services”). By logging into the Services using account information from a Third Party Social Media Service or enabling functionality from or engaging in the use of Third Party Social Media Services as part of your use of the Services, you agree that we may transmit your login credentials and other related information to the providers of Third Party Social Media Services and may receive other information from such Third Party Social Media Services regarding you. For more information about our information collection and use policies with respect to the privacy of such information, please see our Privacy Policy.

We may provide links to third party resources from our Site. You acknowledge and agree that the links included anywhere in the Services to any third party websites, content, data, information, applications, goods, services or materials, including, without limitation, Third Party Social Media Services (collectively, “Third Party Services”) do not constitute an endorsement by Metana. Metana does not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including their privacy policies), whether the Services’ or Metana’s logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. If any Third Party Services you interact with obtains or collects personal information from you, in no event does Metana assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

Advertisers

From time to time, you may communicate with, receive communications from, be redirected to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners as a result of your use of the Site (collectively, “Advertisers”). All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

No Pre-Screening

Metana does not pre-screen or vet Third-Party Projects or Third-Party Content.

Independence of Relationships

You acknowledge and agree that Metana does not act as a representative or intermediary for you or any third-party companies in relation to Third-Party Projects or Third-Party Content. These Terms do not govern the rights, obligations, or terms related to Third-Party Projects or Third-Party Content. Metana is not a party to any agreement you may enter into with third-party companies and is not responsible for such agreements. Nothing in these Terms or other agreements should be interpreted as creating a partnership, joint venture, or agency relationship between Metana and any third-party company regarding Third-Party Projects or Content.

Limitation of Liability

Metana disclaims any liability related to Third-Party Projects or Third-Party Content. By participating, you agree to waive any legal or equitable claims or remedies you may have against Metana concerning Third-Party Projects or Content. Your participation and engagement with third-party entities are solely at your own discretion and risk.

7. Feedback

By providing feedback regarding the Metana Service, including but not limited to ideas, concepts, techniques, comments, criticisms, reports, or any other input (collectively referred to as “Feedback”), you agree that Metana and its affiliates may freely use this Feedback for any purpose without restriction.

You acknowledge and agree to the following:

1. No Compensation: You have no expectation of receiving any form of compensation for providing Feedback.
2. No Confidentiality: Metana has no obligation to treat your Feedback as confidential.
3. No Duties: Metana has no responsibilities or duties to you, including any duty to compensate you for your Feedback or to act on the suggestions you provide.

By submitting Feedback, you waive any claims or rights related to its use by Metana or its affiliates.

8. Metana Communications

The Services may provide you with the ability to post messages to User forums or User review pages, and send messages and communications to other Users and/or Metana. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Metana provided the communication method, and you further agree that all such communications by you shall constitute User Content and shall be subject to and governed by this Agreement. By using any of the communications methods available on the Services or by viewing any User Content, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) User Content and communications sent to or received from other Users, third party service providers, or other third parties, are not endorsed, sponsored or approved by Metana in any manner (unless expressly stated otherwise by Metana) and (c) User Content and communications are not screened, monitored or pre-approved by Metana in any manner, though Metana reserves the right to do so at any time at its sole discretion in accordance with this Agreement.

If you are a Participant or a User with a User Account, you hereby provide your consent to receive, communications and notices (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services, by the communication method(s) provided to us by you during registration or in your User Account. Notices may include, without limitation, email and in-Site messaging and chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you (“Commercial Notices”).

Consistent with federal CAN-SPAM laws, if you do not wish to receive Commercial Notices, you may unsubscribe following the instructions on any email. Please note that you cannot unsubscribe from receiving certain administrative and transactional Notices, such as, but not limited to, information about your User Account, confirmation of your registration for Programs, payment information and receipts, career advice, information about your progress or other services that may be necessary to provide you with Programs.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing (“Required Notices”). You may withdraw such consent to receive Required Notices electronically by sending an email to [email protected]. In order for Metana to send your Required Notices in the mail, which may be at your expense, you must have a current mailing address on file in your User Account.

9. Modifications to Metana Service

Metana reserves the right to modify or discontinue the Metana Service at any time, with or without prior notice. This includes, but is not limited to:

• Canceling, interrupting, or rescheduling any Program.
• Modifying course content, requirements, or structure.

Metana is not liable to you for any changes, modifications, or discontinuation of the Metana Service.

10. Monitoring Of The Services

Metana assumes no responsibility or liability for monitoring, or failing to monitor, the Services for inappropriate content or conduct; however, if at any time Metana chooses in its sole discretion to monitor the Services, Metana nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any User Content, and no responsibility for the conduct of any User. However, we reserve the right to review any User Content and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Content, including, without limitation, any User Content that is or may be construed as violating this Agreement, or is deemed to be unacceptable to Metana, as determined in Metana’s sole discretion; provided, however, that Metana shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner.

Further, you acknowledge, consent and agree that Metana may access, preserve and disclose your User Account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce this Agreement; (c) respond to claims that any content or information violates the rights of any third party; (d) respond to your requests for customer or technical service; or (e) protect the rights, property or personal safety of Metana, other Users and/or any third parties including acting in urgent circumstances.

11. Reporting Unauthorized Content

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed infringement must be submitted to the following Designated Agent:

Name and Address of Designated Agent: Metana Copyright Agent

Attention: Metana

Email Address of Designated Agent: [email protected]

If you believe that your content (which was removed or to which access was disabled) is non-infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to Metana for use on the Services, you may send a counter-notice containing the following information to our Designated Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
• Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Designated Agent, Metana may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Metana’s sole discretion.

Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any content found on and/or through the Service on your copyright.

12. Indemnity

You agree to indemnify, defend and hold Metana, its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, operators, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Services, (b) your breach and/or violation this Agreement and/or (c) your User Content. Metana reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

You are solely responsible for your interactions with the Site and associated Services. To the extent permitted under applicable laws, you hereby release Metana from any and all claims or liability related to any product or service provided by third-parties, any action or inaction by third-parties, including third-party’s failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.

Disclaimer of Warranties; Limitation of Liability

THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES AND THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USER CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT SPRINGBOARD ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

YOU FURTHER UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SPRINGBOARD, ITS AFFILIATES, UNIVERSITY PARTNERS, AND EACH OF THEIR SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION ON TIME TO FILE CLAIMS

ANY PROVISION WHICH MUST SURVIVE IN ORDER TO ALLOW US TO ENFORCE ITS MEANING SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT; HOWEVER, NO ACTION ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES, REGARDLESS OF FORM OR THE BASIS OF THE CLAIM, MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ARISEN (OR IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH CAUSE AROSE).

Geographic Restrictions; Export Control

The Services are controlled and operated by Metana from the United States. Metana makes no representation that the Services are appropriate or available for use outside the United States or Canada. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, 13. rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with the Services may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

13. User Support And Comments

Except for DMCA notifications, all feedback, comments, requests for technical support and other communications relating to the Services may be directed to: [email protected]

14. Disclaimer of Warranties

YOU USE THE METANA SERVICE AT YOUR OWN RISK. THE METANA SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, METANA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the above, you acknowledge and agree that Metana’s services are not tailored to your individual educational level or professional needs. The services are provided without any guarantees, conditions, warranties, or representations regarding their quality, results, or suitability for your goals. To the extent permitted by law, Metana and any associated third parties expressly exclude all implied guarantees, conditions, warranties, representations, and other terms that might otherwise arise from statutes, common law, or equitable principles.

Metana and its affiliates make no warranties or representations about the accuracy, completeness, or reliability of Content available on or through the Metana Service or any linked websites. Metana assumes no liability or responsibility for any of the following:

1. Errors or Inaccuracies: Mistakes in content or errors in confidentiality safeguards.
2. Personal Injury or Property Damage: Any harm resulting from your access to or use of the Metana Service.
3. Unauthorized Access: Unauthorized access to or use of Metana’s servers or any personal or financial information stored therein.
4. Service Interruptions: Any interruptions or disruptions to transmissions to or from the Metana Service.
5. Malware or Security Risks: Bugs, viruses, Trojan horses, or similar issues transmitted through the Metana Service by third parties.
6. Content-Related Losses: Any loss or damage resulting from the use of content made available through the Metana Service.
7. Educational Suitability: Any failure of the services or Content to meet your educational or professional goals.

You are solely responsible for ensuring that the Metana Service aligns with your professional objectives and suits your current educational level and background.

This disclaimer applies to all components of the Metana Service and its Content. Specifically, Metana provides no warranties or guarantees, express or implied, regarding any third-party components, including but not limited to Third-Party Projects or Third-Party Content. Metana is not liable for any issues or failures of third-party components to perform as expected or intended.

Metana is also not responsible for delays, delivery failures, or any loss or damage resulting from the transfer of data over communication networks and facilities, including the Internet. You acknowledge that the Metana Service may experience limitations, delays, or other issues inherent in such networks.

General

If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable.

The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive.

The failure of Metana to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Metana without restriction, notice or other obligation to you.

All matters related to the services and this agreement, as well as any dispute or claim arising from or in connection with them (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the laws of England and Wales. This is without giving effect to any choice or conflict of law provisions or rules (whether of England and Wales or any other jurisdiction). Any legal suit, action, or proceeding arising out of or related to this agreement and/or the services shall be exclusively brought in the courts of Colombo, Sri Lanka. You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

This Agreement contains the entire understanding and agreement between you and Metana concerning the Services and supersedes any and all prior or inconsistent understandings relating to the Services and your use thereof.

This Agreement was last modified on the date indicated below and is effective immediately.

This Terms of Use was last Updated on December 9th, 2024