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 Customer and Learners must provide accurate information and keep credentials secure. Do not share logins. Promptly report suspected unauthorized use or security incidents to matt@day3academy.com.

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.

License, Seat Rules, and Acceptable Use

4.1 License grant. Subject to these Terms and timely payment, we grant the assigned Learner a limited, non-exclusive, non-transferable license to access and use the course content for the license term for personal professional development only.

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. Do not (a) copy, record, repost, or redistribute course videos, slides, PDFs, question banks, or office‑hour recordings (except materials we explicitly provide for download); (b) scrape, harvest, or attempt automated bulk downloads; (c) circumvent technical controls; (d) upload malware; or (e) use the services to violate law or others’ rights.

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 course and all related materials (videos, slides, PDFs, question banks, images, trademarks, and the website) are owned by Day 3 Academy or our licensors and are protected by U.S. and international laws. Except for the license granted in Section 4, all rights 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.

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

We do not permit user file uploads. If content is inadvertently posted in a community area and you believe it infringes your copyright, please send a notice to our designated agent (details to be posted on our DMCA page) with the information required under 17 U.S.C. § 512. We may remove or disable access to alleged infringing content and, in appropriate cases, terminate repeat infringers.

Confidentiality

Each party may receive non‑public information from the other (“Confidential Information”). Each will use the other’s Confidential Information only to perform under these Terms and will protect it with reasonable care. This section does not apply to information that is public through no fault of the recipient, already known, independently developed, or rightfully received from a third party.

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 and indemnify Day 3 Academy against third‑party claims arising from Customer’s or its Learners’ misuse of the services or materials in violation of these Terms or applicable law. We will promptly notify Customer and cooperate at Customer’s expense. Customer may not settle a claim without our written consent if it imposes obligations on us.

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

We may suspend or restrict access immediately for: (a) malware or security events; (b) harassment, abuse, or threats; (c) copyright infringement or illegal downloads; (d) credential sharing or seat pooling/rotation; (e) scraping, automated access, or attempts to bypass controls; (f) fraud, suspected fraudulent activity, or chargeback abuse; (g) non-payment; (h) use of the services in violation of law or third-party rights; or (i) requests by law enforcement or a competent authority. We may terminate for uncured breach after 10 days’ notice. We may seek injunctive relief for IP or security 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 are governed by the laws of the State of Tennessee, without regard to conflict‑of‑laws rules. Any dispute arising out of or relating to these Terms or the services will be resolved by binding arbitration administered by a reputable arbitration provider (such as the American Arbitration Association or JAMS) under its commercial rules, conducted by video conference or in Knox County, Tennessee. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Either party may seek temporary or permanent injunctive relief in court to protect intellectual property or security, or pursue an individual claim in small‑claims court where jurisdictional limits allow. If the arbitration agreement is found unenforceable, the exclusive venue lies in the state courts in Knox County, Tennessee and the federal courts in the Eastern District of Tennessee.

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.)