Welcome to thirty-six ("thirty-six," "we," "us," or "our"). thirty-six is a sole proprietorship based in California, United States. We provide an online ACT prep experience (quizzes, lessons, practice tests, study planning, and related features) through our web application, together with our public marketing site at thirty-six.co. These Terms of Use ("Terms") govern your access to and use of the marketing site, the application, and any content or features we make available (collectively, the "Service"). By creating an account, subscribing, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference.
Agreement to these Terms
Please read these Terms carefully. They form a binding agreement between you and thirty-six. If you do not agree, do not access or use the Service.
If you subscribe to a paid plan, you authorize us and our payment processor to charge your designated payment method for recurring subscription fees until you cancel in accordance with the billing tools we provide (for example through your subscription management page hosted by our processor).
Eligibility
The Service is not intended for children under 13, and you may not register for or use the Service if you are under 13. If you are at least 13 but under 18, you represent that your parent or legal guardian has reviewed these Terms with you and agrees to them on your behalf.
You represent that you have the legal capacity to enter into these Terms (or that a parent or guardian has done so on your behalf as described above).
License and acceptable use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial educational purposes.
You agree that you will not:
- Copy, modify, distribute, sell, or lease any part of the Service or included content except as expressly allowed;
- Reverse engineer, decompile, or attempt to extract source code from the Service, except where prohibited by applicable law;
- Use automated means (including bots, scrapers, or crawlers) to access the Service or collect data from it without our prior written consent, except for public search engines as generally permitted by industry practice;
- Interfere with or disrupt the Service, circumvent security, or access accounts or data that are not yours;
- Use the Service to violate any law, infringe others' rights, send spam, harass others, impersonate any person or entity, or facilitate academic dishonesty on the ACT or any other assessment;
- Remove or obscure proprietary notices on materials you access through the Service.
We may update, change, or discontinue features of the Service from time to time. We will try to avoid unnecessary disruption but do not guarantee uninterrupted availability.
Accounts
Certain features require an account, which may be created or accessed through a third-party authentication provider (for example Auth0). You agree to provide accurate registration information and to keep it updated.
You are responsible for safeguarding your login credentials and for activity under your account. Notify us promptly at the contact email below if you believe your account has been compromised.
We may refuse registration, close accounts, or impose limits where we reasonably believe it is necessary for security, legal compliance, or integrity of the Service.
Fees, subscriptions, and billing
We may offer free and paid subscription tiers. Current plan names, features, and prices are presented in the Service (for example on the billing or pricing areas of the application). Fees are charged in the currency and billing cycle shown at checkout.
Paid subscriptions are processed by Stripe (or another designated payment processor). When you subscribe, you agree to the processor's terms and privacy policy, including Stripe's Services Agreement and Stripe's Privacy Policy. We do not store your full payment card number on our servers.
Unless we tell you otherwise at purchase, paid subscriptions renew automatically for successive billing periods at the then-current rate until you cancel. You may cancel or manage your subscription through the billing tools we link to from the Service (including the Stripe customer portal where applicable). Cancellation typically takes effect at the end of the current billing period; you remain responsible for fees incurred before cancellation is effective.
Except where required by law, payments are non-refundable. If you believe you were charged in error, contact us and we will review in good faith.
You are responsible for any taxes associated with your purchase other than taxes on our net income.
Your content and feedback
The Service may allow you to submit answers, display names or pseudonyms (for example on leaderboards), messages, or other materials ("User Content"). You retain ownership of your User Content, but you grant us a worldwide, non-exclusive license to host, use, reproduce, modify, display, and distribute User Content as needed to operate, improve, and promote the Service, including showing leaderboard information to other users as designed.
You represent that your User Content complies with these Terms and that you have the rights needed to grant the license above. We may remove User Content or suspend features that violate these Terms or create risk for us or other users.
If you send us feedback or suggestions, you agree we may use them without obligation or compensation to you, and you assign to us any intellectual property rights necessary for that use.
Third-party services
The Service relies on third parties (including authentication, payments, analytics, video hosting, surveys, and hosting providers). Their sites and tools are governed by their own terms and privacy policies. We are not responsible for third-party services or content you access through the Service.
Intellectual property
The Service, including software, text, graphics, logos, and other materials, is owned by thirty-six or our licensors and is protected by intellectual property laws. Except for the limited license in these Terms, no rights are granted to you.
If you believe material on the Service infringes your copyright or other rights, email us at aikaeli.verb@gmail.com with enough detail for us to evaluate your notice (for example a description of the work, where it appears on the Service, and your contact information).
Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT CONTENT WILL BE ACCURATE OR COMPLETE.
The Service is a study tool. We do not guarantee any particular score on the ACT or admission to any school. See the ACT trademark notice below regarding independent trademarks.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THIRTY-SIX NOR OUR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THESE LIMITS MAY NOT APPLY TO YOU.
Suspension and termination
You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, if we must comply with law, or if we reasonably need to protect the Service or other users.
Provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, and governing law) will survive termination.
Disputes and governing law
These Terms are governed by the laws of the State of California and the United States, without regard to conflict-of-law principles that would require applying another jurisdiction's laws, except where preempted by federal law or where a mandatory rule of your jurisdiction as a consumer applies.
For disputes that may be brought in court, you and we consent to the personal jurisdiction of the state and federal courts located in the State of California, and agree that those courts are an appropriate forum, subject to applicable law.
Before filing a claim, you agree to contact us at aikaeli.verb@gmail.com so we can try to resolve the issue informally.
Changes to these Terms
We may modify these Terms from time to time. We will post the updated Terms on this page and revise the "Last revised" date. If a change is material, we may also notify you through the Service or by email where appropriate. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service.
ACT trademark notice
ACT® is a registered trademark of ACT, Inc. ("ACT"). thirty-six is not affiliated with, endorsed by, or sponsored by ACT. Any practice scores or content in the Service are intended for preparation only and do not reflect official ACT scoring or ACT's proprietary materials.