Terms of Service | Day 3 Academy

Plain-English Overview (non-binding)

This single set of Terms governs purchases on our website/checkout and use of our learning platform. It’s written for U.S. customers and covers licensing, activation, refunds, acceptable use, availability, taxes/fees, and dispute resolution.

Highlights:

U.S.-only audience; Tennessee law applies. Disputes are resolved by binding arbitration with a reputable provider (e.g., AAA or JAMS); see Section 22.
Seats are individual and non-transferable except for a limited intra-company transfer (see Sections 4.2–4.4).
Activation starts when the named Learner is registered and first receives access; seats may be banked up to 12 months; unactivated seats expire at 12 months (Section 4.3).
Refunds: full refund before Activation; after Activation, refunds within 7 days if <20% progress. Welcome Kits aren’t separately refundable (Section 9).
We aim for high availability; if there’s a material outage, you may request a reasonable service credit (Section 10).
Taxes & any required delivery fees are calculated where we have nexus; see Section 3.3.
The course is general industry education—not engineering, legal, tax, or safety training; see Section 13.

Parties; Audience; Scope

1.1 These Terms are a binding agreement between Day 3 Academy LLC (“Day 3 Academy,” “we,” “us,” or “our”) and the business customer that purchases or uses our training services (“Customer”) and any authorized learner who accesses the course (“Learner,” and together with Customer, “you”).

1.2 Audience. Our services are offered to U.S. customers for professional development. Individuals 18+ may purchase; we do not target minors.

1.3 U.S.-only market. We market and sell only to U.S. addresses. If you access from another jurisdiction, you do so at your own initiative and remain responsible for compliance with U.S. law and these Terms.

1.4 Single controlling document. These Terms apply across our website, checkout (e.g., payment links), and learning platform (e.g., our hosted training portal). Policies referenced below are incorporated by reference.

Accounts, Authorization, and Eligibility

2.1 Customer is responsible for authorizing seat assignments and ensuring Learners are employees or contractors of Customer and located in the United States (unless we agree otherwise in writing).

2.2 Account Security and Accuracy. Customer and Learners must provide accurate, current information and keep credentials secure and confidential. Customer is responsible for all activity occurring under its accounts, seats, administrator profiles, and Learner logins. Logins may not be shared. Customer and Learners must promptly notify Day 3 Academy at matt@day3academy.com of any suspected unauthorized access, credential sharing, suspicious usage, scraping, automated access, or security incident. Day 3 Academy may require reasonable verification, temporarily restrict access, require password resets, or require seat reassignment review where misuse, compromise, or policy evasion is reasonably suspected.

Purchases, Pricing, Taxes, and Fees

3.1 Items. A typical order includes (a) a 1‑year Digital Training License (seat-based), (b) Office Hours & Community access, and (c) a physical Welcome Kit. We may itemize these on quotes, checkout pages, and receipts.

3.2 Pricing. Unless stated otherwise in a written order, prices are in U.S. dollars. We may correct obvious pricing errors.

3.3 Taxes & fees. We collect sales/use taxes and any required delivery fees where we are registered or otherwise required to collect based on our tax nexus. If Customer claims exemption, Customer must provide a valid exemption certificate before purchase; otherwise taxes charged cannot be refunded except where required by law.

3.4 Shipping. If a Welcome Kit is included, we ship to the U.S. address Customer provides. Title and risk of loss for physical items pass on delivery to the carrier.

3.5 Purchase Orders. We may accept a Customer purchase order for invoicing convenience; however, a purchase order does not modify these Terms or any signed order form. If there is a conflict, these Terms (and any signed order form) control.

3.6 Order Review; Rejection; Cancellation. Day 3 Academy reserves the right to reject, cancel, hold for review, limit, or refuse any order, seat activation, renewal, transfer request, or enrollment where we reasonably suspect fraud, misuse, credential abuse, policy evasion, competitive intelligence gathering, security risk, or other conduct inconsistent with these Terms.

3.7 Unlicensed Use True-Up. If Day 3 Academy reasonably determines that access to, viewing of, or use of the services or materials occurred by or for any person who did not hold a properly licensed seat, Customer will promptly purchase a seat for each such person at the then-current list price or, if applicable, the Customer’s contracted price. Day 3 Academy may invoice based on reasonable records. Customer may dispute the invoice in good faith within fifteen (15) days, but undisputed amounts are due when invoiced. This Section is a contractual pricing and true-up mechanism and does not limit any other rights or remedies available to Day 3 Academy.

License, Seat Rules, and Acceptable Use

4.1 License grant. Subject to these Terms and timely payment, Day 3 Academy grants the assigned Learner a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the applicable license term to access and use the services and course materials solely for that named Learner’s personal professional development within Customer’s business. The license does not include any right to copy, record, download, extract, distribute, republish, create derivative works from, commercialize, or use the services or materials to build, improve, support, or deliver any internal or external training, enablement, educational, consulting, or AI-related product or service, except as expressly authorized in writing by Day 3 Academy.

4.2 Individual seat. Each seat is for one named Learner. Logins may not be shared and access may not be sold, assigned, or transferred outside Customer’s organization. Transfers within the organization are restricted as stated in Section 4.4. No seat pooling or rotation. Seats may not be “recycled,” reassigned, or rotated among individuals except as expressly permitted in Section 4.4.

4.3 Activation and term. A seat’s 12‑month term begins on Activation, which occurs when the named Learner is registered and first receives access. Customer may bank purchased seats for up to 12 months from purchase; any unactivated seat expires at 12 months from purchase.

4.4 Transfers. One intra‑company transfer is permitted within 7 days of Activation if the original Learner’s progress is under 20%. No further transfers are permitted.

4.5 Acceptable use.

Except as expressly authorized in writing by Day 3 Academy, Customer and Learners may not, and may not permit any other person or entity to:

(a) copy, record, reproduce, download, repost, distribute, publish, display, transmit, sell, sublicense, or otherwise exploit any course content, office-hours content, community content, or related materials, except materials we expressly make available for download;

(b) screenshot, photograph, screen-capture, film, transcribe, summarize for redistribution, or otherwise capture any portion of the services or materials for reuse outside the permitted seat-based license;

(c) publicly display, publicly perform, screen-share, present, play, replay, or make available any portion of the services or materials to any person who does not hold an active paid seat, including in meetings, onboarding sessions, lunch-and-learns, internal trainings, recorded calls, shared conference-room sessions, internal LMS portals, intranets, knowledge bases, or similar settings;

(d) create derivative works from the services or materials, including internal training materials, sales enablement materials, onboarding materials, playbooks, outlines, scripts, decks, quizzes, assessments, transcripts, knowledge bases, commentary versions, edited clips, substitute courses, or similar materials based on or derived from the services or materials;

(e) use the services or materials, or any output, notes, screenshots, transcripts, summaries, or derivative materials derived from them, to train, fine-tune, ground, prompt, benchmark, evaluate, seed, or improve any artificial intelligence, machine learning, retrieval, or similar model or system;

(f) scrape, harvest, extract, data-mine, spider, crawl, index, or attempt automated or bulk downloading, extraction, or collection of content, metadata, transcripts, captions, or assessments;

(g) circumvent, disable, defeat, probe, or interfere with security features, seat controls, access restrictions, player protections, watermarking, or other technical or contractual usage limits;

(h) share credentials, pool seats, rotate seats, impersonate another user, or permit access by anyone other than the named Learner assigned to the seat, except as expressly permitted under Section 4.4;

(i) remove, obscure, alter, or bypass any copyright notice, watermark, attribution, identifier, or other proprietary notice;

(j) use the services or materials to violate applicable law or third-party rights, including intellectual property, privacy, confidentiality, or contractual rights; or

(k) assist, encourage, or instruct any other person or entity to do any of the foregoing.

Customer is responsible for all use of the services through its accounts, seats, administrators, employees, contractors, agents, and Learners, and for any breach of these Terms by any of them. Personal notes and general high-level learnings that do not reproduce or closely track the services or materials are permitted.

4.6 Course changes. We may update, substitute, or migrate features, content, or third‑party platforms that provide substantially similar functionality.

Office Hours, Community, and Submissions

5.1 Professional conduct. Be respectful and avoid sharing your employer’s confidential or proprietary information. Don’t use the community to recruit, solicit jobs, market products/services, or harvest contacts. Off‑topic or disruptive posts may be removed, and repeat violations may lead to suspension.

5.2 Recordings. We may audio/video record office hours and community sessions. Recordings may be hosted inside our learning platform for on-demand replay by current enrolled Learners. By participating, you consent to the recording and capture of your voice, image, display name, and chat contributions, and our use of the recordings to host, replay, transcribe/caption, edit for clarity, and improve the services. We will not make recordings publicly available outside enrolled Learners without separate consent. Learners may not record, download, or repost any session. If you prefer not to be captured, keep your camera off, avoid sharing sensitive details, or request assistance at matt@day3academy.com.

5.3 Submissions and license. You retain ownership of your submissions. You grant us a worldwide, perpetual, irrevocable, royalty‑free license to host, display, reproduce, adapt, and create derivative works from your submissions to operate, support, and improve the services, including sharing within the enrolled community and generating de‑identified insights. We retain all rights in our course content.

Intellectual Property

6.1 Our content. The services and all related content and materials are owned by Day 3 Academy and/or its licensors and are protected by copyright, trademark, trade secret, unfair competition, and other applicable laws. This includes, without limitation, videos, audio, slide presentations, PDFs, diagrams, charts, graphics, images, illustrations, layouts, designs, sequencing, selection and arrangement of content, module structures, question banks, quizzes, exams, office-hours recordings, transcripts, captions, text, copy, branding, trademarks, logos, website content, learning-platform content, and related documentation. Except for the limited license expressly granted in Section 4, no right, title, or interest in or to the services or materials is transferred to Customer or any Learner. No rights are granted by implication, estoppel, waiver, or otherwise. All rights not expressly granted are reserved.

6.2 Marks. You may factually reference the course (e.g., on LinkedIn) and display the certificate/badge you earn, but you may not use our trademarks in a way that suggests endorsement of a product or service without prior written permission.

6.4 Suspected Misuse; Cooperation. If Day 3 Academy reasonably suspects misuse of the services or materials, Customer will reasonably cooperate with Day 3 Academy’s investigation, including by promptly preserving relevant evidence, access records, communications, and copies or derivative materials in its possession, custody, or control. Upon reasonable request, Customer will identify the individuals who accessed the relevant seat(s), describe the scope of access and use, and certify in writing regarding preservation, deletion, non-use, and non-distribution of relevant materials. Nothing in this Section limits any other rights or remedies available to Day 3 Academy.

Privacy and Security

7.1 We collect and process personal data as described in our Privacy Policy, which forms part of these Terms. We use reputable service providers to deliver the services.

7.2 Security. We implement reasonable administrative, technical, and physical safeguards appropriate to the nature of the data and our services. No system is 100% secure; promptly report suspected incidents to matt@day3academy.com.

Accessibility

We want everyone to be able to use Day 3 Academy. See our Accessibility Statement for details and a fast‑help contact route.

Refunds and Cancellations

9.1 Version Control. For each seat, the refund policy in effect on the purchase date of that seat applies to that seat.

9.2 Unactivated Seats (time-limited). A seat that has not been Activated is refundable within 60 calendar days from the purchase date. After day 60, unactivated seats are not refundable.

9.3 After Activation. Refunds are available within 7 calendar days of Activation if the Learner’s progress is under 20%.

9.4 Frequency Limit. Unless required by law, refunds under this Section are limited to one (1) per Customer in any rolling 12-month period, whether before or after Activation.

9.5 Tier Integrity. For partial refunds on multi-seat purchases, we will recalculate pricing for the seats you keep using the volume tier that applies after the refund (based on your retained seats in the rolling 12-month look-back). Your refund equals amount paid for the order minus the recalculated price of the seats retained. If that math yields a negative amount, the refund is $0 (we do not charge additional amounts). Refunds are applied to the most recent transaction(s) first unless we agree otherwise.

9.6 Welcome Kits. Welcome Kits are not separately refundable.

9.7 Method. Approved refunds are made to the original payment method.

9.8 Process. The Customer Admin must request the refund; we may remove any issued certificate/badge associated with a refunded seat.

Availability; Support; Changes to Services and Terms

10.1 Availability. We aim for high availability. If a material outage significantly impacts access in a calendar month, Customer may request a reasonable service credit, which is Customer’s sole remedy for availability issues.

10.2 Support. For help, contact matt@day3academy.com.

10.3 Changes to the Services. We may update, substitute, or migrate features, content, or third-party platforms that provide substantially similar functionality.

10.4 Changes to These Terms. We may modify these Terms from time to time. Material changes will not apply to an existing, paid license term unless you agree (including by click-accept). Updated Terms apply to future orders, renewals, new seat activations, and any at-will use on or after the Effective Date posted on the Terms page. For material changes, we will post the updated Terms with a new Effective Date at least 15 days before they take effect and may display an in-product or checkout notice. We are not required to send email notice.

DMCA and IP Reporting

Day 3 Academy’s DMCA & Copyright Policy, including designated agent information and notice requirements under 17 U.S.C. § 512, is available at our DMCA page. We may remove or disable access to alleged infringing content and, in appropriate cases, terminate repeat infringers. We may also investigate and act on reports of unauthorized copying, recording, screenshotting, derivative use, AI-related use, credential misuse, or other misuse of our intellectual property, whether or not such misuse involves user-uploaded content.

Confidentiality

Each party may receive non-public information from the other (“Confidential Information”). Each party will use the other party’s Confidential Information only as necessary to perform under these Terms and will protect it using reasonable care, but no less than the care it uses to protect its own similar confidential information.

For clarity, Day 3 Academy Confidential Information includes, in addition to any other non-public information, non-public course materials, screenshots, screen recordings, exports, transcripts, captions, assessments, question banks, answer keys, instructor explanations, access records, usage records, internal enforcement materials, and any non-public portions of the services or materials, whether or not separately marked confidential.

This Section does not apply to information that the recipient can demonstrate: (a) is or becomes public through no fault of the recipient; (b) was lawfully known to the recipient without restriction before receipt; (c) is independently developed without use of the disclosing party’s Confidential Information; or (d) is lawfully received from a third party without breach of any duty.

Disclaimers

The services provide professional development and general industry education. We do not provide engineering, legal, tax, safety, or other professional advice. Even if our instructors hold professional licenses, the course is general education and not a stamped/sealed engineering service or project‑specific advice. Always apply your organization’s standards, project specifications, codes, and the judgment of qualified professionals. WHEN IN DOUBT, CONSULT A LICENSED ENGINEER OR OTHER QUALIFIED EXPERT FOR YOUR SPECIFIC PROJECT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR A PARTY’S INFRINGEMENT OF THE OTHER’S IP RIGHTS, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE AFFECTED SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

Indemnity

Customer will defend, indemnify, and hold harmless Day 3 Academy and its officers, managers, employees, contractors, and agents from and against any third-party claims, demands, investigations, actions, losses, damages, judgments, settlements, fines, penalties, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to Customer’s or its administrators’, employees’, contractors’, agents’, or Learners’ misuse of the services or materials in violation of these Terms or applicable law, including unauthorized copying, recording, screenshotting, redistribution, derivative use, AI-related use, credential sharing, scraping, extraction, confidentiality breaches, or other misuse of Day 3 Academy intellectual property. Day 3 Academy will promptly notify Customer and cooperate at Customer’s expense. Customer may not settle a claim without Day 3 Academy’s written consent if the settlement imposes obligations on Day 3 Academy or admits wrongdoing by Day 3 Academy.

Export; Sanctions; U.S.-Only

You represent that you are not located in, organized under the laws of, or ordinarily resident in any embargoed or comprehensively sanctioned country and are not a prohibited party under U.S. sanctions/export laws. You agree not to use the services contrary to such laws. We target the U.S. market and do not offer EU/UK consumer rights.

Suspension and Termination

Day 3 Academy may suspend, restrict, disable, or terminate access, in whole or in part, immediately and without prior notice where we reasonably suspect or determine: (a) malware, hacking, or security events; (b) harassment, abuse, or threats; (c) copyright infringement, unauthorized copying, screenshotting, recording, or illegal downloads; (d) credential sharing, impersonation, or seat pooling/rotation; (e) scraping, automated access, extraction, or attempts to bypass controls; (f) derivative use, internal training reuse, or AI-related use prohibited by these Terms; (g) fraud, suspected fraudulent activity, chargeback abuse, or suspicious purchasing activity; (h) non-payment; (i) use of the services in violation of law or third-party rights; or (j) requests by law enforcement or a competent authority.

Day 3 Academy may also require preservation of evidence, reasonable cooperation, password resets, seat review, written certification of compliance, or written certification of deletion and non-use as a condition of continued access where misuse is reasonably suspected. We may terminate for uncured breach after ten (10) days’ notice where immediate suspension or termination is not warranted. We may seek injunctive, equitable, or other lawful relief for intellectual property, confidentiality, credential, platform-security, or access-control violations.

Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control (e.g., natural disasters, war, terrorism, labor actions, internet or hosting failures, utilities outages), provided the affected party uses reasonable efforts to mitigate.

Notices

Legal notices to Day 3 Academy must be sent to: Day 3 Academy LLC, Attn: Day 3 Academy Legal Notices, PO Box 50184, Knoxville, TN 37950, and a copy to matt@day3academy.com. Notices to Customer may be sent to the billing or admin email on file.

Assignment

Customer may not assign these Terms without our prior written consent, except to a successor in interest in connection with a merger, acquisition, or sale of substantially all assets, provided the successor is a U.S. entity and agrees in writing to be bound by these Terms. We may assign to an affiliate or in connection with a corporate transaction.

Entire Agreement; Order of Precedence; Severability; Waiver

These Terms (including policies incorporated by reference) constitute the entire agreement between you and Day 3 Academy regarding the services and supersede prior or contemporaneous understandings. If there is a conflict between these Terms and a signed order, the signed order controls for that order. If any provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver.

Customer Forms Rejected. Terms or conditions on Customer purchase orders, acknowledgments, vendor portals, or other pre-printed forms are for administrative convenience only and have no force or effect. Our acceptance is expressly conditioned on Customer’s assent to these Terms (and any mutually signed order form), and any additional or different terms are rejected.

Governing Law; Arbitration; No Class Actions; Injunctive Relief

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the services, or any purchase, access, use, suspension, termination, payment, intellectual property, confidentiality, credential misuse, or security issue between the parties, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be governed by the laws of the State of Tennessee, without regard to conflict-of-laws rules.

The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation, validity, and enforcement of this Section 22 and any agreement to arbitrate. Any dispute, claim, or controversy described above will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. The arbitration may be conducted by video conference, and any in-person hearing will take place in Knox County, Tennessee, unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only on an individual basis and may not consolidate claims of different persons or preside over any form of class, collective, mass, coordinated, or representative proceeding except to the extent the parties expressly agree in writing after the dispute arises.

Either party may bring an individual claim in small-claims court instead of arbitration if the claim qualifies and remains on an individual basis.

Notwithstanding the agreement to arbitrate, either party may seek from a court of competent jurisdiction temporary, preliminary, or permanent injunctive relief, specific performance, preservation orders, expedited discovery, impoundment, or other equitable relief reasonably necessary to prevent or restrain actual or threatened misuse of intellectual property, confidential information, credentials, systems, platform security, or access controls. Except to the extent ancillary to such equitable relief, claims for monetary damages remain subject to arbitration.

If the agreement to arbitrate in this Section 22 is found unenforceable, then, to the fullest extent permitted by law, the exclusive venue for any court proceeding arising out of or relating to these Terms or the services will be the state courts located in Knox County, Tennessee, or the federal courts located in the Eastern District of Tennessee, and each party consents to the personal jurisdiction of those courts.

Incorporated Policies (by reference)

Privacy Policy: https://www.day3academy.com/privacy
Cookie Policy: https://www.day3academy.com/cookies
Accessibility Statement: https://www.day3academy.com/accessibility
DMCA & Copyright Policy: https://www.day3academy.com/dmca

These policies form part of these Terms.

Day 3 Academy LLC — Terms of Service (U.S.)