TERMS OF SERVICE

Last updated: September 3, 2025

AGREEMENT TO OUR LEGAL TERMS

We are Essay Cafe, doing business as “Essay Cafe” (“Company,” “we,” “us,” “our”). We operate the website http://www.essay.cafe (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”). You can contact us at contact@essay.cafe.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Essay Cafe, concerning your access to and use of the Services. By accessing or using the Services, you agree to be bound by these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and policies that may be posted on the Services from time to time are hereby expressly incorporated into these Legal Terms by reference. We may update these Legal Terms from time to time in our discretion. When we do, we will revise the “Last updated” date above. Your continued use of the Services after any such change constitutes your acceptance of the updated Legal Terms.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under age 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, your parent or guardian must read and agree to these Legal Terms prior to your use of the Services.

We recommend that you print a copy of these Legal Terms for your records.


TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PURCHASES AND PAYMENT
  6. SUBSCRIPTIONS
  7. HUMAN-LED SERVICES (COACHING, REVIEWS, AND LIVE SESSIONS)
  8. PROHIBITED ACTIVITIES
  9. USER GENERATED CONTRIBUTIONS
  10. CONTRIBUTION LICENSE
  11. THIRD-PARTY WEBSITES AND CONTENT
  12. SERVICES MANAGEMENT
  13. PRIVACY POLICY
  14. TERM AND TERMINATION
  15. MODIFICATIONS AND INTERRUPTIONS
  16. GOVERNING LAW
  17. DISPUTE RESOLUTION
  18. CORRECTIONS
  19. DISCLAIMER
  20. LIMITATIONS OF LIABILITY
  21. INDEMNIFICATION
  22. USER DATA
  23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  24. CALIFORNIA USERS AND RESIDENTS
  25. FORCE MAJEURE
  26. MISCELLANOUS
  27. CONTACT US

1. OUR SERVICES

The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA). If your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).


2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or licensee of all intellectual property rights in the Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). The Content and Marks are protected by copyright, trademark, and other laws in the United States and worldwide. The Content and Marks are provided on an “AS IS” basis for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the PROHIBITED ACTIVITIES section, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purpose.

Except as set out in these Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of these Legal Terms and your right to use the Services will terminate immediately.

Your submissions

You retain all right, title, and interest in and to your drafts, prompts, files, and other materials (“User Content”). You hereby grant Essay Cafe a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, transmit, display, perform, modify, and otherwise use your User Content: (a) to provide, maintain, improve, secure, and troubleshoot the Services (including routine backups, quality assurance, and internal training); (b) to comply with law or a valid legal request; and (c) as otherwise expressly permitted by you in writing.

AI Outputs

“AI Output” means text or other material generated for you by our online brainstorm tool or any successor AI feature. Subject to your compliance with these Terms and any third-party model provider terms, Essay Cafe assigns to you all of its right, title, and interest (if any) in the AI Output. You acknowledge that (i) AI Output may be non-exclusive and similar or identical to content provided to other users, and (ii) you are solely responsible for reviewing, vetting, and, where required, citing such content before use.


3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) if a minor, you have received parental permission; (6) you will not access the Services through automated or non-human means; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.

We may suspend or terminate your account if any information is untrue, inaccurate, not current, or incomplete.


4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account. We may remove, reclaim, or change a username if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.


5. PURCHASES AND PAYMENT

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services and to promptly update account and payment information as needed (including email address, payment method, and payment card expiration). Sales tax will be added where required. All prices are in U.S. dollars and may change at any time.

You agree to pay all charges at the prices then in effect for your purchases and authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment, and to refuse or cancel any order. We may limit or cancel quantities purchased per person, per account, per payment method, or per address. We may also limit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

Service fees for Human-Led Services are due in full at booking unless expressly stated otherwise. We may refuse or cancel any booking to comply with capacity limits, conflict checks, or academic-integrity concerns.


6. SUBSCRIPTIONS

Billing and Renewal. Your subscription will continue and automatically renew unless canceled. You authorize recurring charges to your payment method until cancellation. The billing cycle is monthly.

Cancellation. All subscription purchases are non-refundable. You can cancel at any time in your account; cancellation takes effect at the end of the current paid term. For questions, contact contact@essay.cafe.

Fee Changes. We may change subscription fees and will communicate any price changes in accordance with applicable law.


7. HUMAN-LED SERVICES (COACHING, REVIEWS, AND LIVE SESSIONS)

7.1 Definitions

Human-Led Services” means services provided by our staff or contractors, including without limitation: (a) Asynchronous Essay Reviews (editorial feedback delivered via Google Docs comments/suggestions or a .docx file) and (b) Live Brainstorm Sessions (55-minute real-time coaching via video call).

Delivery” means (i) for Asynchronous Essay Reviews, the time we first share the edited file or leave editor comments/suggestions in your document; and (ii) for Live Brainstorm Sessions, the scheduled session start time (whether or not you attend) or the time the session concludes, whichever occurs first.

7.2 Scope of Asynchronous Essay Reviews

(a) We provide editorial feedback, structural guidance, clarity edits, and strategy notes. We do not write essays for you and do not submit materials on your behalf. (b) Turnaround windows and page/word limits are as stated on the checkout/booking page and in your confirmation email. If you submit beyond the stated limits, we may, in our discretion, (i) review up to the limit, (ii) bill excess at the then-current rate, or (iii) pause work pending your approval of revised scope. (c) Reviews on a new draft or additional essays require a separate purchase.

7.3 Scope of Live Brainstorm Sessions (55 Minutes)

(a) Sessions are coaching/strategy only; we do not write during sessions. (b) No follow-up deliverables are included. (c) We may request materials in advance (e.g., resume, activity list). If you do not provide them at least 24 hours before the session, we may limit scope of the session.

7.4 Scheduling, Rescheduling, and No-Shows

(a) Rescheduling Requests. We do not permit rescheduling as a matter of right. If you cannot attend your scheduled session, you may email contact@essay.cafe to request a reschedule; any reschedule is solely at our editor’s discretion and subject to availability. Unless and until we confirm a new time in writing, your original session time remains in effect. Nothing in this Section entitles you to a refund or credit (see Section 7.6). (b) No-Shows and Late Arrivals. If you are 15 minutes late or more, you are considered a no-show and the session is deemed delivered with no refund or credit. If you arrive late, the session still ends at the originally scheduled end time. (c) Technical Issues. Technical issues on your end (e.g., internet failure, software permissions, accessing through email account different from the one used to sign up for the session) are treated as no-shows under 7.4(b) unless we agree in writing to an alternative time under 7.4(a).

7.5 Materials You Provide; Access and Permissions

You are responsible for providing accurate and lawful materials and granting appropriate access (e.g., Google Docs comment/edit permissions). Delays caused by missing access or unreadable files may push delivery dates and do not entitle you to any refund.

7.6 Delivery, Acceptance, and Refunds

All sales for Human-Led Services are final immediately upon purchase. We may begin planning, allocating resources, or performing work immediately after payment, and you acknowledge that such preparatory work constitutes partial performance.

  • No Refunds. To the maximum extent permitted by law, no refunds are offered before or after Delivery of Human-Led Services. Client Care; Quality Concerns. If you are unsatisfied with a Human-Led Service, email contact@essay.cafe within 2 days of Delivery (or within 24 hours for live sessions) with specific, itemized concerns. We will review your request and may, at our sole discretion and subject to availability, provide one of the following courtesy remedies: (i) brief clarifications by email or in-doc comments limited to the delivered document, or (ii) a short follow-up note outlining next steps if that deliverable was included in your purchase. Courtesy remedies do not include new drafts, topic changes, additional essays, or outcome guarantees, and they do not alter the No Refunds policy or constitute an admission of fault. You must maintain access permissions (e.g., Google Docs) so we can review your concern. Nothing in this paragraph limits any non-waivable rights under applicable law.
  • EEA/UK consumers. If you are an EEA or UK consumer and applicable law grants you a right of withdrawal: (i) You expressly request that we begin providing services immediately during the withdrawal period; (ii) You acknowledge that you will lose your right to withdraw once the services are fully performed; and (iii) If you withdraw before full performance, you owe a proportionate amount for work performed up to withdrawal, including preparatory work and resource allocation. Nothing in this paragraph waives non-waivable statutory rights.

7.7 Academic Integrity; No Ghostwriting; Your Responsibilities

(a) We do not ghostwrite or misrepresent authorship. You must submit work that is your own. (b) You are solely responsible for the content you submit to institutions and for compliance with all rules, including disclosure of assistance where required. (c) We do not guarantee that any essay will pass plagiarism-detection or AI-detection tools.

7.8 Packages, Credits, and Expiration

Prepaid packages/credits must be used within 6 months of purchase unless otherwise stated. Unused credits expire and are non-refundable.

7.9 Ownership; Licenses; Use of Anonymized Excerpts

(a) Your Content: You own your drafts and personal materials. You grant us a non-exclusive license to use your content solely to perform the Services. (b) Our Materials: We own frameworks, checklists, session outlines, rubrics, editorial methodologies, and templates. We grant you a personal, non-transferable license to use any deliverables for your own application process. (c) Anonymized Use (Opt-In): With your express opt-in consent, we may use anonymized excerpts for training, quality assurance, or testimonials. We will not disclose your full name or identifying details without your written permission.

7.10 Recordings & Notes

Live sessions are not recorded by default. If we propose recording (for your review or internal training), we will obtain your consent in advance. If recorded with consent, you receive a personal license to view; we may retain a copy for internal quality purposes. You may not publish or share recordings without our written consent.

7.11 Third-Party Tools and Platforms

We may use third-party platforms (e.g., Google Docs, calendaring, video conferencing, payment processors). Their terms govern your use of those services. We are not responsible for third-party outages, data loss, or changes to third-party features.

7.12 Non-Solicitation / Anti-Circumvention (Editors and Contractors)

(a) Purpose; Narrow Scope. You agree not to circumvent Essay Cafe by directly or indirectly engaging any editor, coach, or contractor you were introduced to through the Services (“Essay Cafe Talent”) to provide substantially similar services outside Essay Cafe.

(b) Duration. For 36 months (or the maximum duration permitted by applicable law in your location) after your last interaction with the relevant Essay Cafe Talent, you will not, directly or indirectly, solicit, hire, retain, or contract with that person for services outside Essay Cafe.

(c) Carve-Outs. This Section does not prohibit: (i) hiring in response to a public, non-targeted job posting; (ii) engagement initiated by the Talent without any prior solicitation by you; or (iii) engagement approved in writing by Essay Cafe.

(d) Conversion Fee (Liquidated Damages). If you engage Essay Cafe Talent in violation of this Section, you agree to pay a conversion fee as reasonable liquidated damages equal to the greater of: (1) $5,000, or (2) 30% of the total compensation (fees, salary, or other consideration) you pay that person during the first 12 months of such engagement. The parties agree that actual damages would be impracticable to calculate at signing (including recruiting, onboarding, training, scheduling, and lost goodwill) and that this fee is a reasonable pre-estimate, not a penalty.

(e) California-Specific Notice. To the extent California law applies, this Section is intended and will be interpreted solely as a limited anti-circumvention and conversion-fee provision and not to restrain any person’s right to engage in a lawful profession under Bus. & Prof. Code §16600. If any prohibition on solicitation, hiring, or engagement in subsection (b) is found invalid under California law, subsections (a), (c), and (d) (including the conversion-fee remedy) shall remain in effect to the maximum extent permitted.

(f) No Interference. You also agree not to induce any Essay Cafe Talent to breach their agreements with Essay Cafe or to misuse Essay Cafe confidential information.

7.13 Minors and Parent/Guardian Participation

If you are under 18, a parent/guardian must purchase or consent to purchase and may be required to attend live sessions at our discretion.

7.14 Chargebacks

You agree not to file a chargeback for services that have been delivered under this Section. If you dispute a charge, contact contact@essay.cafe; we will provide evidence of Delivery to our processor.

7.15 Academic-Integrity and Outcome Disclaimer

Essay Cafe does not ghost-write, guarantee plagiarism- or AI-detection results, or assure admission, funding, employment, grades, or any other outcome. You are solely responsible for ensuring that your use of the Services complies with all institutional or third-party academic-integrity policies, disclosure obligations, and submission rules.


8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user of the Services, you agree not to: systematically retrieve data to create a database without our permission; trick or defraud us or others; interfere with security-related features; disparage or tarnish us; use information from the Services to harass others; misuse support channels; use the Services unlawfully; frame or link without authorization; upload or transmit viruses or other harmful material; engage in automated use (bots/scrapers); remove proprietary notices; impersonate others; use spyware or passive collection mechanisms; interfere with networks; harass or threaten our staff; bypass access measures; copy or adapt the Services’ software; reverse engineer except as permitted by law; use or launch any unauthorized automated system; use a buying agent; or use the Services to compete with us or for any revenue-generating endeavor not authorized by us.


9. USER GENERATED CONTRIBUTIONS

The Site may allow limited submissions (e.g., contact forms), and you may also provide materials to us off-platform (e.g., via Google Docs or file upload links) to receive Human-Led Services. All such materials are “Contributions” for purposes of these Legal Terms.

When you provide any Contributions, you represent and warrant that: you own or have rights to them; they do not infringe third-party rights; they are not false or misleading; they are not unlawful, obscene, harassing, or otherwise objectionable; they do not violate privacy or publicity rights; and they do not violate any law. You are solely responsible for your Contributions.


10. CONTRIBUTION LICENSE

You and the Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings). By submitting suggestions or other feedback, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert ownership over your Contributions. You retain full ownership of your Contributions and any intellectual property rights associated with them. We are not liable for statements or representations in your Contributions. You agree to exonerate us from any responsibility and refrain from legal action regarding your Contributions.


11. THIRD-PARTY WEBSITES AND CONTENT

The Services interoperate with or link to third-party platforms (e.g., Stripe, Google Docs, calendaring, video-conferencing). By using those features you:(a) direct Essay Cafe to share or receive information from such third parties as reasonably necessary; and(b) agree to comply with all applicable third-party terms. Essay Cafe disclaims all liability arising from third-party acts, omissions, downtime, or terms.


12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take legal action against anyone who violates the law or these Legal Terms; (3) in our discretion, refuse, restrict access to, limit the availability of, or disable any of your Contributions; (4) remove or disable files or content that are excessive in size or burdensome; and (5) otherwise manage the Services to protect our rights and facilitate proper functioning.


13. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from other regions with laws governing personal data collection, use, or disclosure that differ from U.S. laws, you are transferring your data to the United States and consent to that transfer and processing.

We do not knowingly solicit information from or market to children under 13. If we learn that a child under 13 has provided personal information without parental consent, we will delete that information as quickly as reasonably practical.


14. TERM AND TERMINATION

These Legal Terms remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE MAY, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. We may terminate your use or participation in the Services or delete your account at any time, without warning, in our sole discretion.

If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name or a borrowed name. We reserve the right to take appropriate legal action, including civil, criminal, and injunctive remedies.


15. MODIFICATIONS AND INTERRUPTIONS

CHANGES TO SERVICES

We reserve the right to change, modify, or remove the contents of the Services at any time for any reason at our sole discretion, without notice. We have no obligation to update any information on the Services. We will not be liable for any modification, price change, suspension, or discontinuance.

We cannot guarantee the Services will be available at all times. We may experience outages or need to perform maintenance. You agree that we have no liability for any loss or inconvenience caused by your inability to access or use the Services.

CHANGES TO THESE TERMS

For material changes, we will provide at least 30 days’ advance notice by email or in-product message. Continued use after the effective date constitutes acceptance. If you object to the changes, your sole remedy is to stop using the Services before the new terms take effect.


16. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and fully performed in California, without regard to conflict of law principles.


17. DISPUTE RESOLUTION

17.1 Informal Negotiations

To expedite resolution and control costs, the parties agree to first attempt to negotiate any dispute, controversy, or claim related to these Legal Terms (“Dispute”) informally for at least 30 days before initiating arbitration. Informal negotiations commence upon written notice from one party to the other.

17.2 Binding Arbitration

Except for claims that qualify for small-claims court in a jurisdiction where you reside, any Dispute not resolved informally shall be resolved exclusively by binding arbitration under the AAA Commercial—or, where applicable, Consumer—Rules.

17.3 Opt-Out Right

YOU MAY OPT OUT of arbitration and the class-action waiver by emailing contact@essay.cafe with subject line “Arbitration Opt-Out” and your full name within 30 days of your first acceptance of these Terms. If you opt out, Disputes will be resolved in the courts specified in Section 17.5.

17.4 Restrictions

Arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity.

17.5 Exceptions

The foregoing does not apply to: (a) Disputes seeking to enforce or protect intellectual property rights; (b) Disputes related to theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If any part of this section is found illegal or unenforceable, such Dispute shall be decided by a court of competent jurisdiction in Santa Clara, California, and the parties submit to personal jurisdiction therein.


18. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors and to change or update information at any time without prior notice.


19. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR ANY THIRD-PARTY CONTENT LINKED TO THE SERVICES AND ASSUME NO LIABILITY FOR: (1) ERRORS OR INACCURACIES; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE; (3) UNAUTHORIZED ACCESS TO OUR SERVERS OR YOUR DATA; (4) INTERRUPTION OF TRANSMISSION; (5) BUGS, VIRUSES, OR THE LIKE; OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE.

COACHING AND EDITORIAL SERVICES ARE EDUCATIONAL ONLY AND DO NOT CONSTITUTE LEGAL, FINANCIAL, THERAPEUTIC, OR OTHER PROFESSIONAL ADVICE. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services.

Some jurisdictions do not allow disclaimers of implied warranties; to that extent, the foregoing disclaimer applies only to the maximum extent permitted by applicable law.


20. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED BY LAW, OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) FIVE HUNDRED U.S. DOLLARS (US $500). Nothing in these Terms limits liability for gross negligence, willful misconduct, or death/personal injury caused by negligence where such limitation is prohibited.


21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties; (4) your violation of third-party rights (including intellectual property); or (5) any harmful act toward any other user with whom you connected via the Services. We reserve the right, at your expense, to assume the exclusive defense of any matter otherwise subject to indemnification, and you agree to cooperate with our defense.


22. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing performance, as well as data relating to your use of the Services. Although we perform routine backups, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Services. You agree that we shall have no liability for any loss or corruption of such data.

Essay Cafe will notify you without undue delay as required by applicable law if we discover a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed by us.


23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing. By creating an account, you expressly agree to receive email communications regarding (1) transactions on the website and (2) updates on product pricing or availability. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS.


24. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.


25. FORCE MAJEURE

We are not liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemic disease, war, terrorism, civil unrest, labor disputes, governmental action, utilities or telecommunications failures, or third-party platform outages.


26. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. These Legal Terms operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations at any time. We shall not be liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision is unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by these Legal Terms. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

We are not affiliated with and do not represent the Common App, Coalition App, or any educational institution or scholarship provider.


27. CONTACT US

To resolve a complaint regarding the Services or for further information regarding the use of the Services, please contact: contact@essay.cafe