Terms of service.
Effective Date: May 26, 2026
Applies to enterprise, institutional, partner, creator, issuer, developer, certification, and consumer use of McCoy products and services. These Terms are designed to support McCoy's full product ecosystem, including Quantum, Surface, the McCoy App, APIs and developer tools, websites, support, enterprise deployments, consumer subscriptions, partner and creator commerce, certifications, credential issuance and verification, and future products and services offered by McCoy Universe Inc.
If you are entering into a separate order form, statement of work, master services agreement, enterprise agreement, certification issuer agreement, school agreement, data processing agreement, marketplace agreement, partner agreement, or other written agreement with McCoy, that signed agreement will control where it conflicts with these Terms.
These Terms should be read together with any applicable Order, product-specific terms, privacy policy, data processing agreement, certification rules, and customer contract.
Contents
1. Agreement to Terms and Order of Precedence
2. Definitions
3. Services Covered
4. Enterprise, Institutional, Partner, and Consumer Use
5. Eligibility, Minors, Students, and Authority
6. Accounts, Workspaces, Administration, and Security
7. License to Use the Services
8. Customer Materials, User Content, Generated Content, and Ownership
9. AI, Automated Systems, Model Providers, and Generated Outputs
10. Learning, Professional, Regulated, and High-Risk Use
11. Certification Platform, Credential Issuance, and Public Verification
12. Fees, Payments, Revenue Share, Marketplace Commerce, and Payouts
13. Consumer Subscriptions, Trials, Promotions, and App Store Purchases
14. Taxes, Chargebacks, Refunds, and Billing Disputes
15. APIs, Developer Tools, Integrations, and Usage Limits
16. Beta Features, Future Products, and Product Changes
17. Acceptable Use, Platform Integrity, and Prohibited Conduct
18. Communities, Messaging, User-Generated Content, and Moderation
19. Privacy, Data Protection, Student Data, and Regulated Data
20. Security, Incident Reporting, and Vulnerability Disclosure
21. Confidentiality
22. Third-Party Services, Open Source, and External Platforms
23. Intellectual Property, Feedback, and Publicity
24. Enterprise Terms, Orders, Seats, and Professional Services
25. Suspension, Termination, and Effects of Termination
26. Export Controls, Sanctions, Anti-Corruption, and Legal Compliance
27. Warranties and Disclaimers
28. Indemnification
29. Limitation of Liability
30. Dispute Resolution, Arbitration, Class Action Waiver, and Governing Law
31. Notices, Changes to Terms, and Electronic Communications
32. Miscellaneous
33. Contact
Appendix A. Product-Specific Terms
Appendix B. Commercial Terms Framework
Appendix C. Certification Integrity Rules
Appendix D. Acceptable Use Policy
McCoy Universe Inc. Terms of Service
These Terms of Service (the "Terms") govern access to and use of products, websites, applications, platforms, APIs, certification services, credential verification services, learning services, commerce features, support, professional services, and related offerings provided by McCoy Universe Inc. ("McCoy," "we," "us," or "our").
By accessing or using the Services, creating an account, accepting an Order, purchasing a subscription, buying or selling a certification, administering a workspace, issuing credentials, using an API key, clicking an acceptance button, or otherwise indicating acceptance, you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes both you and that organization.
These Terms are written to cover both business-to-business and consumer uses. Some provisions apply only to Customers, administrators, creators, certification issuers, developers, or enterprise accounts, and some provisions apply only to individual consumers. Mandatory rights that apply to consumers under applicable law are not limited by these Terms.
1. Agreement to Terms and Order of Precedence
1.1 Binding Agreement. These Terms form a binding agreement between McCoy and the person or entity using the Services. You may not use the Services if you do not agree to these Terms.
1.2 Order of Precedence. If there is a conflict among documents, the following order controls unless a signed agreement states otherwise: (a) a signed master services agreement, enterprise agreement, school agreement, certification issuer agreement, partner agreement, marketplace agreement, data processing agreement, business associate agreement, statement of work, or similar signed agreement; (b) the applicable Order Form or checkout terms; (c) Product-Specific Terms or supplemental terms posted or provided for a specific Service; (d) these Terms; and (e) policies, documentation, FAQs, or support articles referenced by these Terms.
1.3 Orders and Checkout Terms. An "Order" may be a signed order form, online checkout, in-product subscription selection, statement of work, invoice, enterprise quote, certification purchase page, issuer dashboard configuration, partner dashboard, API plan selection, marketplace listing, or other ordering process accepted by McCoy. Orders may specify pricing, term length, renewal rules, usage allowances, revenue-share percentages, transaction fees, certification fees, support levels, service levels, data terms, and other commercial terms.
1.4 Supplemental Product Terms. Certain Services may have supplemental terms, including terms for APIs, beta products, enterprise deployments, app-store subscriptions, certifications, proctoring, public credential verification, partner marketplaces, creator commerce, data processing, student data, regulated data, or professional services. Those supplemental terms apply in addition to these Terms.
1.5 Changes to Terms. McCoy may update these Terms as described in Section 31. Continued use of the Services after the effective date of updated Terms means you accept the updated Terms, except where a signed agreement provides otherwise or where applicable law requires additional consent.
2. Definitions
The following definitions apply throughout these Terms. Defined terms may be used in singular or plural form.
Account: McCoy services used for assessments, exams, completions, certification programs, certificates, credentials, badges, identity or eligibility verification, credential records, credential revocation, credential renewal, and public or private credential verification, including verify.mccoy.org and related services.
Administrator: a person authorized to manage an Organization's workspace, product configuration, users, roles, billing, courses, credentials, integrations, analytics, permissions, or other settings.
Affiliate: any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
API: McCoy application programming interfaces, software development kits, webhooks, developer tools, documentation, keys, tokens, credentials, connectors, data feeds, endpoints, and related functionality.
Authorized User: a person or system authorized by a Customer or by McCoy to access or use the Services, including employees, contractors, learners, students, administrators, instructors, developers, certification candidates, credential recipients, consumers, and invited users.
Certification Platform: McCoy services used for assessments, exams, completions, certification programs, certificates, credentials, badges, identity or eligibility verification, credential records, credential revocation, credential renewal, and public or private credential verification, including verify.mccoy.org and related services.
Consumer: an organization, institution, business, school, training provider, creator, certification issuer, partner, agency, government entity, or other entity that purchases, administers, sponsors, licenses, or otherwise controls access to the Services.
Customer Materials: content, data, prompts, files, source materials, syllabi, curricula, learning objectives, questions, exams, rubrics, manuals, logos, trademarks, images, videos, data sets, code, configuration, records, user lists, branding, credential schemas, issuer materials, and other materials submitted to or processed through the Services by or on behalf of Customer or Authorized Users.
Documentation: written, electronic, or in-product documentation, technical specifications, support materials, product descriptions, policies, and instructions made available by McCoy.
Generated Content: curricula, lessons, learning paths, exercises, assessments, explanations, questions, hints, feedback, summaries, metadata, analytics, recommendations, session materials, certification content, credential content, media, code, or other output generated, assembled, transformed, or suggested by the Services, including by AI or automated systems.
Issuer: a Customer, partner, organization, school, instructor, certifying body, employer, or other party that offers, sponsors, approves, or issues a certification, badge, completion record, credential, or similar record through the Certification Platform.
McCoy Content: software, code, interfaces, designs, workflows, templates, models, databases, curriculum frameworks, product logic, documentation, trademarks, service marks, know-how, platform-generated structures, and other materials owned or licensed by McCoy, excluding Customer Materials.
Net Revenue: gross amounts actually collected by or through McCoy for a transaction, less deductions described in Section 12 and any applicable Order, including taxes, refunds, chargebacks, payment processing fees, app-store fees, affiliate fees, third-party fees, reserves, currency conversion, and McCoy platform or transaction fees.
Order: the ordering document or checkout process described in Section 1.3.
Organization: a Customer and its Affiliates, administrators, staff, learners, contractors, partners, or other users authorized by that Customer.
Services: all McCoy products and services covered by Section 3.
Surface: the learner-facing McCoy experience used to access courses, sessions, learning content, progress, bookmarks, reports, credentials, and related learning features.
Quantum: the McCoy administration, authoring, curriculum generation, deployment, monetization, analytics, access management, and content management platform.
Workspace: a tenant, environment, group, course space, organization space, issuer space, developer project, learner portal, certification program, app account, or other product environment in the Services.
3. Services Covered
3.1 Broad Coverage. These Terms apply to all Services made available by McCoy now or in the future, whether provided online, through a mobile application, through an API, through an enterprise deployment, through a certification portal, through a marketplace, through an integration, through professional services, through a partner channel, or through another delivery method.
3.2 Current Product Families. The Services include, without limitation:
Quantum, including curriculum generation, course authoring, administrative controls, deployment, monetization, analytics, review workflows, content management, access management, and related tools;
Surface, including learner portals, course access, sessions, learning progress, adaptive learning, bookmarks, reports, analytics, assignments, and related learner experiences;
the McCoy App and other consumer applications, including personal learning, gamified learning, subscriptions, purchases, achievements, community features, and future app-based offerings;
McCoy APIs, developer tools, integrations, documentation, SDKs, webhooks, custom platform delivery, enterprise integrations, and connected systems;
websites, landing pages, dashboards, documentation, billing portals, support channels, sales channels, and related online services;
the Certification Platform, including certificate sales, third-party certification programs, internal McCoy certifications, completion records, public verification pages, credential identifiers, credential status, credential metadata, issuer tools, and verify.mccoy.org;
partner, creator, instructor, school, employer, issuer, and marketplace functionality, including selling memberships, courses, cohorts, programs, certifications, exams, subscriptions, one-time purchases, and other paid offerings; and
any beta, pilot, experimental, preview, successor, replacement, renamed, bundled, white-labeled, co-branded, or future McCoy product or feature.
3.3 Delivery Methods. McCoy may deliver the Services through McCoy-hosted systems, third-party cloud infrastructure, customer-specific deployments, embedded experiences, iframe or web components, APIs, mobile apps, app stores, partner marketplaces, or other methods determined by McCoy or agreed in an Order.
3.4 Product Availability. Not all Services, features, languages, regions, models, credentials, courses, certifications, subscriptions, payment methods, or integrations are available in all locations, plans, devices, app stores, or customer environments. McCoy may restrict, modify, or discontinue availability where required for legal, security, business, product, or operational reasons.
4. Enterprise, Institutional, Partner, and Consumer Use
4.1 Enterprise and Institutional Use. If a Customer uses the Services for an Organization, the Customer is responsible for its Workspace, Authorized Users, access decisions, content, instructions, compliance obligations, learner notices, certification program rules, and use of outputs. McCoy provides the Services subject to the applicable Order and these Terms.
4.2 Consumer Use. If you use the Services as an individual consumer, you are responsible for your account, subscription, purchases, learning activity, community conduct, and compliance with these Terms. Consumer subscriptions, app purchases, trials, promotional offers, refunds, and cancellation rights are addressed in Sections 12 through 14.
4.3 Partner, Creator, and Issuer Use. If you use the Services to offer paid content, memberships, courses, credentials, certifications, exams, or other offerings to third parties, you are responsible for your offerings, pricing, claims, marketing, refund policies, learner support, taxes where applicable, credential validity, and compliance with applicable laws. McCoy may provide hosting, processing, marketplace, billing, verification, and technology services, but McCoy does not become the issuer, employer, school, instructor, accreditor, professional licensing board, or certifying authority for your offerings unless expressly stated in a signed agreement.
4.4 Individual Users in Organization Workspaces. If you use the Services through an Organization, that Organization may control your access, view activity, manage content, assign courses, review progress, export data, disable your account, configure certifications, and otherwise administer the Workspace. Your Organization's policies may also apply.
5. Eligibility, Minors, Students, and Authority
5.1 Minimum Age. The Services are not directed to children under 13. For consumer accounts, you must be at least 13 years old and old enough to consent to these Terms under the laws of your location. If you are under the age of majority, you may use consumer Services only with consent and supervision from a parent or legal guardian.
5.2 Children Under 13 and School Use. Children under 13 may use the Services only if the use is authorized by a school, district, parent, guardian, or other entity with authority to provide notices and obtain consents required by law. The Customer is responsible for determining whether use by minors is permitted and for providing any required parental, guardian, student, or institutional notices and consents.
5.3 Authority to Bind an Organization. If you accept these Terms or an Order for an Organization, you represent and warrant that you have authority to bind that Organization. If you do not have authority, you may not accept on behalf of the Organization.
5.4 Accurate Information. You must provide accurate, current, and complete information when creating an Account, purchasing a subscription, registering for a certification, using a verification tool, receiving payouts, or submitting identity, tax, or payment information. You must promptly update information if it changes.
5.5 Eligibility for Certifications. Certification eligibility, exam access, credential issuance, continuing education credit, renewal, revocation, prerequisites, identity verification, proctoring, retake rules, and other certification requirements may be set by McCoy or the applicable Issuer. You may not register for, sit for, claim, or verify a credential if you do not satisfy the applicable eligibility requirements.
6. Accounts, Workspaces, Administration, and Security
6.1 Accounts. You are responsible for maintaining the confidentiality of login credentials, authentication methods, API keys, access tokens, administrator credentials, and devices used to access the Services. You are responsible for activity under your Account, except to the extent caused by McCoy's failure to provide the Services with reasonable security.
6.2 Workspaces and Roles. Customers control access to their Workspaces, including administrators, authors, instructors, learners, candidates, reviewers, developers, support users, integrations, API keys, and billing roles. Customers are responsible for assigning appropriate permissions and disabling access when users are no longer authorized.
6.3 Admin Actions. Administrator actions may affect content, learners, credentials, billing, integrations, data retention, exports, public verification, user access, and compliance. McCoy may rely on instructions from Administrators and other authorized representatives of a Customer.
6.4 Account Security. You must promptly notify McCoy at support@mccoy.org if you believe an Account, Workspace, API key, certification record, payment account, credential, or Service data has been compromised. McCoy may suspend or restrict access to protect the Services, users, data, or McCoy.
6.5 Authentication and Access Controls. McCoy may require multi-factor authentication, single sign-on, identity verification, email verification, domain verification, payment verification, tax verification, or other controls. You may not bypass or interfere with those controls.
6.6 No Shared Credentials. Credentials are for the assigned user only unless an Order expressly permits shared accounts or service accounts. Shared administrator credentials, shared exam accounts, shared learner accounts, credential sharing, and shared API keys are prohibited unless McCoy authorizes them in writing.
6.7 Customer Systems. Customers are responsible for their networks, devices, identity providers, integrations, source systems, endpoints, security configurations, and third-party platforms used with the Services.
7. License to Use the Services
7.1 License Grant. Subject to these Terms, the applicable Order, and payment of applicable fees, McCoy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the applicable term to access and use the Services for your internal business, educational, training, certification, developer, issuer, partner, or personal learning purposes, as applicable.
7.2 Scope Limits. You may use the Services only within purchased or authorized plans, seat counts, active learner counts, usage limits, API limits, storage limits, product scopes, geographic limits, and other restrictions stated in an Order, Documentation, or in-product configuration.
7.3 No Implied Rights. McCoy reserves all rights not expressly granted. No rights are granted by implication, estoppel, or otherwise.
7.4 Documentation. You may use Documentation solely to support authorized use of the Services. McCoy may update Documentation from time to time.
7.5 Trial, Free, Promotional, and Beta Access. Trial, free, promotional, preview, pilot, educational, founder, lifetime, or beta access may be limited, modified, discontinued, or converted to paid access according to the applicable offer. Unless expressly stated in writing, free or promotional access is provided without service-level commitments, warranties, credits, or support obligations.
8. Customer Materials, User Content, Generated Content, and Ownership
8.1 Customer Ownership. As between McCoy and Customer, Customer retains ownership of Customer Materials. As between McCoy and an individual user, the individual user retains ownership of User Content that user lawfully submits, subject to any rights held by the applicable Customer, employer, school, Issuer, or third party.
8.2 License to McCoy. You grant McCoy and its Affiliates, service providers, subprocessors, and contractors a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, perform, modify, adapt, translate, create derivative works from, and otherwise use Customer Materials and User Content as necessary or useful to provide, secure, operate, support, improve, analyze, and maintain the Services; generate, deliver, and verify content or credentials; comply with law; enforce agreements; and fulfill applicable Orders.
8.3 Generated Content. Subject to these Terms and the applicable Order, Customers and users may use Generated Content within the scope of their authorized use of the Services. To the extent Generated Content is based on Customer Materials, Customer retains rights in the Customer Materials. McCoy and its licensors retain rights in McCoy Content, platform logic, templates, tools, workflows, model orchestration, metadata structures, and other McCoy technology.
8.4 Customer Responsibility for Materials. You are responsible for Customer Materials, User Content, and instructions submitted to the Services, including their accuracy, legality, appropriateness, permissions, intellectual property rights, data protection compliance, confidentiality, export-control status, and suitability for intended learners, candidates, certifications, or users.
8.5 Public and Shared Content. Some features may allow content, courses, comments, reviews, profiles, credentials, badges, rankings, community posts, certifications, or verification results to be shared publicly or with other users. You are responsible for choosing sharing settings and for not posting confidential or sensitive information in shared areas.
8.6 Removal. McCoy may remove, disable, or restrict content that McCoy believes violates these Terms, infringes rights, creates risk, compromises platform integrity, violates law, threatens security, misrepresents credentials, undermines certification integrity, or is otherwise inappropriate for the Services.
8.7 Data and Analytics. McCoy may create and use aggregated, de-identified, anonymized, or statistical data derived from use of the Services for analytics, benchmarking, product improvement, research, security, and business purposes, provided it does not identify Customer or individual users except as permitted by law and contract.
9. AI, Automated Systems, Model Providers, and Generated Outputs
9.1 AI-Enabled Services. The Services may use artificial intelligence, machine learning, large language models, retrieval systems, ranking systems, adaptive learning algorithms, automated review pipelines, recommendation engines, personalization systems, assessment generators, and other automated systems. Outputs may be generated by McCoy systems, third-party model providers, open-source models, proprietary APIs, or a combination of technologies.
9.2 Review Required. AI and automated outputs may be inaccurate, incomplete, biased, outdated, unsuitable, or inconsistent. Customers, Issuers, instructors, administrators, and users are responsible for reviewing and validating Generated Content before relying on it, publishing it, assigning it to learners, using it for regulated training, using it in certification programs, or making decisions based on it.
9.3 No Guaranteed Uniqueness. Generated Content may not be unique, and similar or identical outputs may be produced for other users. McCoy does not guarantee exclusivity in AI-generated ideas, structures, language, questions, summaries, explanations, assessments, or recommendations unless expressly agreed in writing.
9.4 Model Provider Terms. Use of some features may be subject to third-party model provider, cloud provider, or open-source license terms. McCoy may select, change, replace, route, cache, filter, or combine models and providers to improve performance, reliability, security, cost, compliance, or product quality.
9.5 No Training Representation Unless Agreed. Unless a signed agreement states otherwise, McCoy may use Customer Materials and User Content to provide and improve the Services as described in these Terms and the Privacy Policy. Enterprise Customers may request additional data-use restrictions through a written agreement or data processing agreement.
9.6 Prohibited AI Uses. You may not use the Services or Generated Content to develop or operate harmful systems, violate rights, impersonate others, generate malware, evade safety controls, produce unlawful content, conduct credential fraud, cheat on exams, make automated decisions prohibited by law, or perform high-risk activities without required human oversight and legal authorization.
10. Learning, Professional, Regulated, and High-Risk Use
10.1 Educational Tools. The Services are learning, training, curriculum, assessment, certification, analytics, productivity, and platform tools. They do not replace qualified instruction, professional judgment, clinical judgment, legal advice, financial advice, engineering review, safety training, regulatory approval, or other professional services.
10.2 Regulated Fields. Courses, assessments, simulations, certifications, or Generated Content relating to healthcare, aviation, law, finance, accounting, engineering, public safety, employment, compliance, security, defense, pharmaceuticals, education, or other regulated fields must be reviewed and approved by qualified personnel before use. Customers and Issuers are responsible for confirming that materials satisfy applicable accreditation, licensing, continuing education, training, safety, and regulatory requirements.
10.3 Medical and Health Content. Health, medical, nursing, pharmacy, clinical, mental health, public health, or wellness content is for education and training unless a signed agreement states otherwise. The Services do not provide diagnosis, treatment, emergency advice, medical orders, medical devices, or professional medical services. Users should consult qualified professionals for medical decisions.
10.4 High-Risk Activities. You may not use the Services as the sole basis for decisions or actions where failure could reasonably result in death, bodily injury, severe property damage, environmental harm, denial of essential services, legal penalties, financial loss, employment action, or other significant harm unless the use is expressly authorized in writing and subject to appropriate human review, validation, and controls.
10.5 Learning Outcomes. McCoy does not guarantee any particular educational outcome, score, employment outcome, certification outcome, regulatory approval, licensing status, grade, mastery level, professional competency, or business result.
11. Certification Platform, Credential Issuance, and Public Verification
11.1 Certification Platform Scope. The Certification Platform may support internal McCoy certifications and third-party certifications offered by Customers, Issuers, schools, employers, instructors, partners, or other organizations. It may include registration, purchases, eligibility rules, identity verification, exam or assessment attempts, completion records, certificate generation, credential pages, verification tools, renewals, expiration, revocation, reporting, analytics, and related services.
11.2 Issuer Responsibility. Unless McCoy is expressly identified as the Issuer, the applicable Issuer is solely responsible for certification program content, eligibility, prerequisites, exam design, scoring, passing criteria, accommodations, retake rules, continuing education credit, accreditation, regulatory compliance, marketing claims, refund policies, learner support, credential validity, and any professional or employment consequences.
11.3 McCoy-Issued Certifications. For certifications issued by McCoy, McCoy may establish eligibility, fees, exam rules, renewal requirements, revocation standards, continuing education requirements, and other program criteria. McCoy may update those criteria for future attempts, renewals, or versions of a certification.
11.4 Credential Verification. Credentials may be verifiable through verify.mccoy.org or related verification tools. Verification records may display or confirm information such as recipient name, credential title, issuing organization, issue date, expiration date, status, credential ID, verification code, certificate URL, program level, version, skills, metadata, and other information configured by McCoy or the Issuer. Public verification is intended to help third parties confirm credential authenticity and status.
11.5 Credential Status. A credential may be active, expired, revoked, suspended, superseded, pending, invalid, withdrawn, or otherwise limited. McCoy may update verification status to reflect program rules, errors, fraud, cheating, chargebacks, revocation, issuer instructions, legal obligations, or technical corrections.
11.6 Candidate Conduct. Candidates and credential recipients must comply with all certification rules. Prohibited conduct includes impersonation, false identity information, unauthorized assistance, exam-content sharing, cheating, use of unauthorized tools, copying or distributing exam materials, tampering with proctoring, circumventing time or attempt limits, chargeback abuse, and misrepresenting credential status.
11.7 No Employment or Licensure Guarantee. Certifications, badges, completion records, and verification pages do not guarantee employment, admission, promotion, licensing, compliance approval, professional competency, or acceptance by an employer, regulator, institution, or third party. Users and third parties are responsible for determining whether a credential satisfies their requirements.
11.8 Third-Party Reliance. Employers, schools, regulators, customers, and other third parties may rely on credential verification only for the limited purpose of confirming the status displayed by the Verification Platform at the time of verification. McCoy does not warrant that third-party decisions based on credential information will be correct or appropriate.
11.9 Certification Records. Certification records may be retained as business records, audit records, compliance records, security records, or credential records for as long as reasonably necessary to operate and verify certification programs, comply with legal obligations, resolve disputes, enforce rules, and preserve credential integrity.
12. Fees, Payments, Revenue Share, Marketplace Commerce, and Payouts
12.1 Fees Generally. Fees may include subscription fees, seat fees, active-user fees, active-learner fees, Workspace fees, administrator fees, API usage fees, token fees, model fees, data fees, storage fees, bandwidth fees, course-generation fees, content-processing fees, certification fees, exam fees, retake fees, credential verification fees, implementation fees, professional services fees, support fees, marketplace fees, platform fees, transaction fees, revenue-share percentages, payout fees, currency conversion fees, add-on fees, overage fees, app-store fees, taxes, and other charges described in an Order, checkout page, pricing page, dashboard, invoice, or written agreement.
12.2 Order Controls Pricing. The specific fees, currency, billing frequency, renewal term, payment method, usage allowances, revenue-share percentages, payout schedule, and cancellation rights for a purchase are those disclosed in the applicable Order, checkout page, in-product subscription flow, pricing page, invoice, or written agreement. If pricing is not specified, McCoy's then-current standard rates apply.
12.3 Flexible Fee Structures. McCoy may offer free plans, trials, paid subscriptions, monthly plans, annual plans, multi-year plans, prepaid credits, usage-based plans, per-seat plans, per-active-learner plans, per-course plans, per-certification plans, per-exam plans, per-credential plans, tiered plans, enterprise plans, app-store plans, bundled plans, marketplace plans, creator plans, issuer plans, revenue-share plans, promotional plans, founder plans, lifetime promotional plans, educational plans, custom plans, or any combination of the foregoing.
12.4 Subscription Fees. Subscription fees are typically charged in advance for the applicable billing period. Unless the Order states otherwise, subscriptions automatically renew for successive periods equal to the expiring term until canceled or not renewed as described in the Order or these Terms.
12.5 Usage-Based and Overage Fees. If a plan includes usage allowances, you are responsible for fees for usage above the allowance, including additional learners, seats, API calls, tokens, content generation, storage, bandwidth, certifications, exam attempts, or other metered usage. McCoy may measure usage through its systems, and McCoy's records are controlling absent manifest error.
12.6 Payment Authorization. By providing a payment method, you authorize McCoy and its payment processors to charge all applicable amounts, including recurring fees, renewal fees, usage fees, certification fees, taxes, late fees, and other charges. You must keep payment information current and authorized.
12.7 Invoicing. Enterprise Customers may be invoiced if approved by McCoy. Unless an Order states otherwise, invoices are due within 30 days from invoice date. Late amounts may accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower, plus reasonable collection costs. McCoy may suspend Services for overdue amounts after reasonable notice, except where prohibited by law.
12.8 Marketplace and Commerce Features. McCoy may allow Customers, creators, partners, Issuers, schools, employers, instructors, or other sellers to sell memberships, subscriptions, courses, cohorts, programs, certifications, exams, credentials, content, communities, services, or other offerings through the Services. McCoy may act as merchant of record, payment facilitator, collection agent, marketplace platform, software provider, reseller, referral partner, or technology provider depending on the transaction structure and applicable Order.
12.9 Revenue Share and Platform Fees. When a third party sells or monetizes offerings through the Services, McCoy may collect, retain, deduct, or invoice platform fees, transaction fees, marketplace fees, payment processing fees, app-store fees, affiliate fees, referral fees, technology fees, certification platform fees, verification fees, support fees, and revenue-share percentages disclosed in the applicable Order, dashboard, fee schedule, pricing page, or written agreement. Revenue-share percentages may be fixed, tiered, volume-based, product-based, issuer-based, region-based, promotional, temporary, or customized.
12.10 Net Revenue Basis. Unless an Order expressly states that a revenue share is calculated on gross receipts, all revenue shares, royalties, creator payouts, issuer payouts, partner payouts, affiliate commissions, and similar amounts are calculated on Net Revenue. A statement that a party receives a percentage of revenue means a percentage of Net Revenue unless the Order expressly says otherwise.
12.11 No Revenue Share Without Agreement. McCoy owes no revenue share, royalty, commission, creator payout, issuer payout, affiliate fee, or partner payment unless expressly agreed in an Order, dashboard, fee schedule, written agreement, or McCoy-approved program terms. Access to the Services alone does not create any right to revenue share.
12.12 Reference Commerce Framework. To provide flexibility for launch and future pricing, McCoy may offer one or more commerce plans modeled around simple monthly software fees plus transaction fees. Unless a specific Order or checkout page states that one of the following plans applies, the following examples are illustrative only and do not guarantee that a plan or price will be available:
Starter / Launch Commerce
Monthly or annual software fee plus a platform or transaction fee that may include a percentage such as 10% and a fixed fee such as $0.30 per paid transaction.
Useful for low-cost launch plans, creators, small groups, pilots, or entry-level commerce. Actual pricing is controlled by the applicable Order or checkout.
Pro / Growth Commerce
Monthly or annual software fee plus lower transaction fees that may include a percentage such as 2.9% plus $0.30 for transactions at or below a specified threshold, and a higher rate such as 3.9% plus $0.30 above that threshold.
Useful for professional creators, schools, partners, Issuers, or communities. Thresholds, rates, plan names, and plan prices may change or be customized.
Enterprise Commerce
Custom subscription fees, minimum commitments, volume tiers, pass-through processing fees, platform fees, revenue share, or negotiated payout percentages.
Used for enterprise customers, large issuers, regulated programs, white-label deployments, and high-volume certifications.
Certification Sales
Exam fees, certification fees, retake fees, renewal fees, credential verification fees, issuer fees, proctoring fees, and revenue share as disclosed for the program.
May apply to McCoy-issued or third-party-issued certifications. Refundability and revocation rules may vary by program.
App Store / Mobile Subscription
App-store price, app-store commission, taxes, and subscription rules controlled by the app-store provider and the applicable checkout.
Applies when purchases are made through Apple, Google, or another app marketplace.
Usage-Based API or AI Fees
Per API call, token, model route, content generation, storage, bandwidth, active learner, course, credential, or other metric.
Usage may be prepaid, invoiced in arrears, deducted from credits, or subject to overage rates.
12.13 Payouts. If McCoy processes payments for a seller, creator, partner, Issuer, or other payout recipient, McCoy may pay amounts on a weekly, biweekly, monthly, threshold-based, invoice-based, or other schedule described in the applicable Order or dashboard. Payouts may be delayed for fraud review, identity verification, tax documentation, chargeback risk, refund risk, regulatory review, sanctions screening, reserve requirements, processor requirements, or compliance obligations.
12.14 Reserves and Setoff. McCoy may withhold, reserve, offset, or recoup amounts to cover refunds, chargebacks, disputes, negative balances, taxes, penalties, suspected fraud, program violations, legal claims, amounts owed to McCoy, or other risk. McCoy may set off amounts owed by you against amounts payable to you.
12.15 Third-Party Payment Processors. Payments may be processed by Stripe, app stores, banks, card networks, payment facilitators, or other third-party processors. Those processors may impose additional terms, verification, reserves, limits, fees, holds, settlement schedules, disputes, and restrictions. McCoy is not responsible for processor failures outside its reasonable control.
12.16 Currency. Fees may be charged in U.S. dollars or another currency displayed at checkout or in an Order. Currency conversion, foreign transaction fees, bank fees, and exchange-rate fluctuations are your responsibility unless an Order states otherwise.
12.17 Price Changes. McCoy may change fees, plan names, included features, usage allowances, revenue-share percentages, transaction fees, thresholds, payment processors, taxes, and payout schedules. For recurring paid subscriptions, McCoy will provide notice of material price changes where required by law, and changes will generally apply at the next renewal unless the Order permits earlier application.
12.18 No Circumvention. You may not use the Services to identify, solicit, or transact with users, learners, candidates, Customers, or purchasers outside the Services for the purpose of avoiding McCoy fees, platform fees, transaction fees, revenue share, or other amounts owed to McCoy, unless McCoy expressly permits it in writing.
13. Consumer Subscriptions, Trials, Promotions, and App Store Purchases
13.1 Consumer Subscriptions. Consumer subscriptions may provide access to the McCoy App, Surface experiences, courses, features, certifications, practice tests, premium content, AI features, community features, storage, achievements, or other benefits. Subscription details will be shown at purchase.
13.2 Automatic Renewal. Unless the checkout states otherwise, consumer subscriptions renew automatically until canceled. By starting a subscription, you authorize recurring charges at the disclosed price and frequency, plus applicable taxes and fees, until cancellation. You must cancel before the renewal date to avoid the next charge.
13.3 Free Trials and Promotions. Trials and promotional offers may require a payment method and may convert to a paid subscription unless canceled before the trial ends. Trial length, promotional price, eligibility, and conversion terms will be disclosed at sign-up. McCoy may limit, modify, or revoke trials or promotions to prevent abuse.
13.4 Cancellation. You may cancel a McCoy-billed subscription through the account, billing portal, or other cancellation method made available by McCoy. Cancellation stops future renewals but does not automatically entitle you to a refund for the current period unless required by law or stated in the applicable refund policy.
13.5 App Store Purchases. If you purchase through Apple, Google, or another app store, the app store's terms, billing, cancellation, refund, tax, family sharing, and subscription rules apply. You must manage cancellation and refund requests through the app store if the app store controls billing. McCoy may not be able to modify, cancel, or refund app-store purchases directly.
13.6 Apple-Specific Terms. If you download a McCoy application from the Apple App Store, these Terms are between you and McCoy, not Apple. Apple is not responsible for the Services or support. Apple and its subsidiaries are third-party beneficiaries of these Terms for purposes of enforcing applicable app-store terms. Your license to use the app is limited to a non-transferable license to use the app on Apple-branded products that you own or control, subject to Apple Media Services terms.
13.7 Promotional or Lifetime Accounts. McCoy may offer founder, waitlist, lifetime, free, scholarship, educational, or promotional accounts. Unless the offer expressly states otherwise, such accounts may be subject to fair-use limits, feature changes, availability limits, anti-abuse rules, non-transferability, product availability, app-store restrictions, and modifications needed for security, legal compliance, or product operation.
13.8 Digital Content Access. Consumer purchases may provide immediate access to digital content or services. Where applicable law provides a cooling-off or withdrawal right, starting access to digital content or services may affect that right if you consent to immediate performance and acknowledge that withdrawal rights may be lost or limited as
14. Taxes, Chargebacks, Refunds, and Billing Disputes
14.1 Taxes. Fees are exclusive of taxes unless stated otherwise. You are responsible for sales, use, VAT, GST, withholding, digital services, excise, customs, duties, and similar taxes, except taxes based on McCoy's net income. McCoy may calculate, collect, withhold, and remit taxes where required or where McCoy acts as merchant of record.
14.2 Tax Information. Sellers, creators, partners, Issuers, and payout recipients must provide accurate tax forms, taxpayer identification numbers, business information, beneficial ownership information, and other documentation required by McCoy, payment processors, or law. McCoy may withhold payouts until required documentation is provided.
14.3 Refunds. Unless an Order, checkout, product-specific policy, or applicable law states otherwise, all fees are non-refundable, including subscription fees, setup fees, implementation fees, certification fees, exam fees, retake fees, platform fees, transaction fees, API fees, usage fees, and one-time purchases. McCoy may provide credits or refunds at its discretion without creating an obligation to do so in the future.
14.4 Certification Refunds. Certification, exam, credential, retake, and proctoring fees may be non-refundable after registration, scheduling, access, exam delivery, assessment attempt, credential issuance, or expiration of a cancellation window. Program-specific refund rules may apply.
14.5 Marketplace Refunds. For third-party offerings, the seller, creator, partner, or Issuer may be responsible for refund decisions and support unless McCoy is the seller of record or the Order states otherwise. Transaction fees, processing fees, app-store fees, taxes, and platform fees may be non-refundable even if an end user receives a refund.
14.6 Chargebacks and Disputes. You must not initiate chargebacks or payment disputes in bad faith. If a chargeback, reversal, ACH return, card dispute, refund, or payment failure occurs, McCoy may suspend access, revoke certifications or credentials, offset payouts, charge administrative fees, require updated payment information, or recover related costs.
14.7 Billing Errors. You must notify McCoy of billing errors within 60 days after the charge or invoice date, unless law requires a longer period. If you do not notify McCoy within that period, the charge will be deemed accepted to the extent permitted by law.
14.8 Failed Payments. If a payment method fails, expires, is rejected, or is reversed, McCoy may retry the payment, request updated information, suspend access, reduce features, cancel a subscription, withhold credentials, or terminate the applicable Order.
15. APIs, Developer Tools, Integrations, and Usage Limits
15.1 API Access. API access is subject to Documentation, technical limits, rate limits, authentication requirements, security controls, usage fees, and applicable Orders. McCoy may modify APIs, endpoints, schemas, rate limits, authentication methods, or Documentation from time to time.
15.2 API Keys. API keys, tokens, client secrets, and developer credentials are confidential. You must secure them, restrict access, rotate them when needed, and promptly notify McCoy of suspected compromise. You are responsible for activity through your API credentials.
15.3 Integrations. Customers are responsible for integrations they enable, including third-party services, data flows, permissions, security reviews, mapping, configuration, and compliance. McCoy may disable an integration if it creates security, legal, product, or operational risk.
15.4 Usage Limits and Fair Use. McCoy may enforce rate limits, quota limits, concurrency limits, storage limits, file limits, token limits, model limits, learner limits, certification limits, credential verification limits, and fair-use policies. McCoy may throttle, queue, reject, or suspend requests that exceed limits or threaten service stability.
15.5 Developer Restrictions. You may not use APIs to scrape, replicate, resell, benchmark, reverse engineer, create a competing service, bypass product controls, circumvent fees, build unauthorized profiles, exfiltrate data, or violate law. You may not expose APIs or outputs in ways that mislead users about source, attribution, credential validity, or McCoy involvement.
15.6 Deprecation. McCoy may deprecate API versions or features with reasonable notice when practical. Immediate changes may be made for security, legal compliance, provider changes, reliability, or abuse prevention.
16. Beta Features, Future Products, and Product Changes
16.1 Future Products. These Terms apply to new McCoy products, renamed products, successor products, product bundles, experimental features, and future offerings unless McCoy provides different terms.
16.2 Beta Features. Beta, pilot, preview, lab, experimental, research, waitlist, early-access, or limited-release features are provided for evaluation and may be unstable, incomplete, unsupported, inaccurate, unavailable, or discontinued. McCoy may change or remove beta features at any time.
16.3 Product Changes. McCoy may add, modify, suspend, discontinue, limit, repackage, or replace Services or features. For paid enterprise Services, McCoy will make reasonable efforts not to materially reduce core functionality during the paid term, except for security, legal compliance, third-party provider changes, product integrity, misuse prevention, or other reasonable business needs.
16.4 Third-Party Dependency Changes. Some features depend on third-party providers, models, data sources, app stores, payment processors, cloud services, or integrations. Changes by those third parties may affect feature availability, pricing, performance, or terms.
17. Acceptable Use, Platform Integrity, and Prohibited Conduct
You must use the Services lawfully and responsibly. You may not, and may not allow others to:
violate applicable law, regulation, court order, sanctions, export controls, privacy law, education law, consumer protection law, intellectual property law, or third-party rights;
access or attempt to access any Account, Workspace, API, credential, exam, certification record, payment account, system, or data without authorization;
bypass, disable, interfere with, or test security controls without written permission;
upload malware, spyware, ransomware, viruses, worms, logic bombs, malicious code, credential harvesters, or harmful payloads;
scrape, crawl, harvest, copy, bulk export, or mine data except through supported functionality and authorized APIs;
reverse engineer, decompile, disassemble, copy, modify, or create derivative works from the Services except to the extent law permits despite this restriction;
use the Services to build, train, benchmark, evaluate, or improve a competing product or service without written permission;
misrepresent identity, affiliation, credentials, certification status, issuer authority, scores, completion status, or eligibility;
cheat on assessments or certifications, share protected exam content, provide unauthorized assistance, or circumvent proctoring or attempt limits;
infringe, misappropriate, or violate intellectual property, privacy, publicity, confidentiality, or contractual rights;
submit unlawful, deceptive, defamatory, harassing, hateful, violent, sexually exploitative, abusive, discriminatory, or otherwise harmful content;
use the Services for spam, phishing, fraud, pyramid schemes, deceptive advertising, unauthorized marketing, or illegal commerce;
interfere with service operation, overload systems, abuse support, manipulate rankings, exploit bugs, or evade rate limits;
remove, obscure, or alter proprietary notices, attribution, watermarks, branding, usage restrictions, or credential status indicators;
sell, rent, sublicense, transfer, or provide access to the Services except as expressly permitted by an Order;
use the Services in high-risk activities without required written authorization, validation, controls, and human oversight; or
assist, encourage, or enable any of the above.
McCoy may investigate suspected violations and may suspend, restrict, remove content, revoke credentials, withhold payouts, terminate access, or report conduct to appropriate authorities or affected parties where appropriate.
18. Communities, Messaging, User-Generated Content, and Moderation
18.1 Community Features. The Services may include communities, forums, comments, chats, discussion boards, direct messages, profiles, leaderboards, achievements, rankings, public posts, reviews, or other interactive features. You are responsible for your conduct and User Content in those features.
18.2 Moderation. McCoy and Customers may moderate, remove, restrict, hide, archive, or disable User Content or Accounts at their discretion, including for policy violations, safety, legal compliance, certification integrity, community quality, or product integrity. McCoy is not obligated to monitor all content.
18.3 Public Visibility. User Content posted in public, community, marketplace, leaderboard, credential, or shared spaces may be visible to others and may be indexed, copied, or shared by third parties. Do not post confidential, sensitive, private, or regulated information unless appropriate controls apply.
18.4 Creator and Community Rules. Creators, Issuers, Customers, and community owners may establish additional rules for their groups, courses, or certifications. Those rules may not conflict with these Terms or applicable law.
18.5 No Endorsement. McCoy does not endorse User Content, Customer offerings, third-party certifications, marketplace listings, or community statements unless McCoy expressly states otherwise in writing.
19. Privacy, Data Protection, Student Data, and Regulated Data
19.1 Privacy Policy. McCoy's Privacy Policy explains how McCoy collects, uses, discloses, and protects personal information. The Privacy Policy is incorporated into these Terms by reference.
19.2 Customer Instructions. For Customer-controlled Workspaces, McCoy may process personal information as a processor, service provider, or similar role on behalf of Customer, subject to the applicable agreement. Customer is responsible for lawful instructions, notices, consents, and legal bases for processing.
19.3 Data Processing Agreement. Where required by applicable data protection law, the parties may enter into a data processing agreement, standard contractual clauses, student data agreement, business associate agreement, or similar agreement. Such agreement controls for the data-processing matters it covers.
19.4 Student Data. If the Services are used by a school, district, university, or educational institution, Customer is responsible for compliance with FERPA, COPPA, PPRA, state student privacy laws, and other applicable education laws, including notices and consents. McCoy will process student data as described in the Privacy Policy and applicable agreements.
19.5 Regulated Data. You may not submit protected health information, payment card data, government identifiers, biometric data, sensitive personal information, export-controlled data, classified information, criminal justice information, or other regulated data unless your Order expressly permits it and appropriate agreements and controls are in place.
19.6 Data Exports and Deletion. Data export, deletion, retention, backup, credential records, certification records, and Workspace data handling are governed by the Privacy Policy, applicable Orders, product functionality, and legal requirements.
20. Security, Incident Reporting, and Vulnerability Disclosure
20.1 Safeguards. McCoy uses administrative, technical, and organizational safeguards designed to protect the Services and Service data. Safeguards may include access controls, encryption in transit, logging, monitoring, backups, vulnerability management, security reviews, and least-privilege practices.
20.2 Shared Responsibility. Security is a shared responsibility. Customers and users are responsible for user access, roles, device security, identity providers, API keys, integrations, endpoint security, password practices, administrator actions, and configuration decisions.
20.3 Security Incidents. You must promptly notify McCoy of suspected unauthorized access, credential compromise, API key leakage, data breach, certification record tampering, payment compromise, or vulnerability affecting the Services. McCoy will notify affected Customers or users of security incidents as required by law and applicable agreements.
20.4 Vulnerability Disclosure. Security testing, scanning, penetration testing, or vulnerability research against the Services requires prior written authorization unless McCoy publishes a vulnerability disclosure policy that permits the activity. You must not access, alter, delete, exfiltrate, or disclose data that does not belong to you.
20.5 No Absolute Security. No service is completely secure. McCoy does not guarantee that unauthorized access, data loss, errors, vulnerabilities, or interruptions will never occur.
21. Confidentiality
21.1 Confidential Information. Confidential Information means non-public information disclosed by one party to the other that is marked confidential or should reasonably be understood to be confidential given its nature and circumstances. Confidential Information may include business plans, pricing, product roadmaps, security information, technical information, Customer Materials, data, credentials, certification content, exam content, reports, and non-public terms of Orders.
21.2 Obligations. The receiving party must use Confidential Information only to perform or receive the Services, protect it using reasonable care, and disclose it only to personnel, Affiliates, service providers, professional advisors, or contractors who need to know it and are bound by confidentiality obligations.
21.3 Exclusions. Confidential Information does not include information that is publicly available without breach, known without confidentiality obligation, independently developed without use of Confidential Information, or rightfully received from a third party without confidentiality obligation.
21.4 Required Disclosure. A receiving party may disclose Confidential Information if required by law, court order, or governmental request, provided it gives reasonable notice where legally permitted and cooperates in seeking confidential treatment.
21.5 Exam and Certification Materials. Non-public certification materials, exam questions, answer keys, scoring logic, proctoring materials, and credential integrity information are McCoy Confidential Information or Issuer Confidential Information, as applicable, and may not be disclosed or used except as authorized.
22. Third-Party Services, Open Source, and External Platforms
22.1 Third-Party Services. The Services may include or interoperate with third-party services, including cloud hosting, model providers, app stores, payment processors, identity providers, analytics tools, support tools, communication tools, proctoring services, tax tools, integrations, open-source software, and customer-selected platforms. Third-party services may be governed by separate terms and privacy policies.
22.2 Customer-Enabled Integrations. If Customer enables an integration, authorizes data sharing, or uses an API to connect third-party systems, Customer instructs McCoy to share data with that integration as needed and is responsible for that integration's permissions, security, data use, and compliance.
22.3 Open Source. Some software included in or used by the Services may be offered under open-source licenses. Those licenses may provide rights separate from these Terms. Nothing in these Terms limits rights under applicable open-source licenses.
22.4 External Content. McCoy is not responsible for third-party content, websites, courses, credentials, claims, goods, services, integrations, or links that McCoy does not control.
23. Intellectual Property, Feedback, and Publicity
23.1 McCoy IP. McCoy and its licensors own all rights, title, and interest in and to the Services, McCoy Content, software, interfaces, designs, workflows, databases, algorithms, models, prompts, templates, documentation, trademarks, service marks, know-how, product concepts, analytics systems, and other technology, excluding Customer Materials.
23.2 Customer IP. Customer owns Customer Materials. McCoy does not claim ownership of Customer's pre-existing intellectual property solely because it is submitted to the Services.
23.3 Trademarks. You may not use McCoy names, logos, trademarks, service marks, or branding without McCoy's written permission except as expressly allowed by brand guidelines or product functionality. Issuers and Customers must have rights to any marks they submit.
23.4 Feedback. If you provide ideas, suggestions, requests, recommendations, bug reports, or other feedback, you grant McCoy a perpetual, irrevocable, worldwide, sublicensable, transferable, royalty-free license to use it without restriction or compensation. McCoy will not publicly identify you as the source of feedback without permission.
23.5 Publicity. Unless an Order states otherwise, McCoy may identify business Customers, Issuers, and partners by name and logo in customer lists, websites, presentations, and marketing materials. Customer may opt out by written notice to support@mccoy.org. McCoy will not disclose non-public Order terms without permission except as required by law.
23.6 Copyright Complaints. If you believe content on the Services infringes copyright, you may send a notice to support@mccoy.org with identification of the copyrighted work, the allegedly infringing material, your contact information, a statement of good-faith belief, a statement under penalty of perjury that the notice is accurate and you are authorized to act, and your physical or electronic signature. McCoy may remove content and terminate repeat infringers where appropriate.
24. Enterprise Terms, Orders, Seats, and Professional Services
24.1 Orders. Enterprise Orders may specify products, term, fees, seats, active learner limits, API limits, usage allowances, certification volumes, storage limits, support, service levels, implementation, data processing, security requirements, professional services, and other terms.
24.2 Affiliates. Customer Affiliates may use the Services only if authorized in the Order or approved by McCoy. Customer remains responsible for Affiliate use unless the Affiliate signs its own agreement.
24.3 Seats and Learners. If an Order limits seats, active learners, administrators, candidates, issuers, Workspaces, courses, credentials, or usage, Customer must not exceed those limits without paying applicable additional fees. McCoy may charge overages, require an upgraded plan, or restrict additional usage.
24.4 Purchase Orders. Customer purchase orders are for administrative convenience only. Any terms on a purchase order or procurement document do not apply and are rejected unless signed by McCoy.
24.5 Professional Services. Implementation, migration, curriculum services, custom integrations, training, review, certification program design, support, or other professional services are provided only if stated in an Order or statement of work. Unless stated otherwise, deliverables are accepted upon delivery, and professional services fees are non-refundable.
24.6 Customer Cooperation. Customer must provide timely information, access, personnel, decisions, approvals, systems, content, and feedback reasonably needed for McCoy to perform professional services or configure enterprise Services. Delays may affect timelines and fees.
24.7 Service Levels. Service-level commitments, uptime credits, support response times, and remedies apply only if stated in an Order. Credits, if any, are Customer's sole remedy for service-level failures unless the Order states otherwise.
25. Suspension, Termination, and Effects of Termination
25.1 Suspension. McCoy may suspend, limit, throttle, restrict, or disable access to the Services, an Account, Workspace, API key, certification program, credential verification page, payout account, or feature if McCoy reasonably believes that: (a) use violates these Terms or law; (b) payment is overdue; (c) continued access creates security, legal, operational, certification integrity, or financial risk; (d) credentials or API keys are compromised; (e) a Customer or user engages in fraud, cheating, chargeback abuse, or platform abuse; (f) required verification or tax information is missing; or (g) suspension is required by a third party, court, regulator, or law.
25.2 Termination by You. You may stop using the Services at any time. Customers may terminate Orders only as stated in the applicable Order. Cancelling a subscription stops future renewals but does not automatically refund current-period fees unless required by law or stated in the applicable refund policy.
25.3 Termination by McCoy. McCoy may terminate or decline to renew access or an Order if you materially breach these Terms, fail to pay amounts due, create legal or security risk, misuse the Services, violate certification integrity rules, become insolvent, or where McCoy discontinues the relevant Service, subject to any rights in an applicable Order.
25.4 Effects of Termination. Upon termination or expiration, your right to access the applicable Services ends. You may lose access to Workspaces, Customer Materials, Generated Content, courses, analytics, API keys, credentials, certification programs, community content, reports, and related Service data. McCoy may retain data as described in the Privacy Policy, applicable agreements, backup practices, and legal obligations.
25.5 Data Export. Customer data export rights are governed by the applicable Order, product functionality, and Privacy Policy. McCoy may require payment of outstanding amounts before providing export assistance, except where prohibited by law.
25.6 Survival. Sections relating to ownership, fees owed, revenue share, taxes, refunds, chargebacks, confidentiality, credential integrity, disclaimers, indemnity, limitation of liability, dispute resolution, governing law, and provisions that by their nature should survive will survive termination.
26. Export Controls, Sanctions, Anti-Corruption, and Legal Compliance
26.1 Compliance. You must comply with all laws applicable to your use of the Services, including privacy, data protection, education, employment, consumer protection, advertising, intellectual property, tax, certification, accreditation, export, sanctions, anti-corruption, anti-money laundering, and payment laws.
26.2 Export and Sanctions. You may not use the Services in violation of U.S. export controls, sanctions, or trade restrictions. You represent that you are not located in, organized under the laws of, or ordinarily resident in a sanctioned jurisdiction; not listed on any restricted party list; and not using the Services for prohibited end uses.
26.3 Anti-Corruption. You may not use the Services or payments through the Services to offer, promise, authorize, or provide bribes, kickbacks, improper benefits, or illegal payments.
26.4 Government Use. Government users may use the Services only as permitted by applicable procurement rules and Orders. The Services and Documentation are commercial items developed at private expense and provided with only the rights expressly granted in these Terms and the applicable Order.
27. Warranties and Disclaimers
27.1 Mutual Authority. Each party represents that it has authority to enter into these Terms and perform its obligations.
27.2 Customer Warranties. You represent and warrant that: (a) you have rights and permissions necessary for Customer Materials and User Content; (b) your use of the Services will comply with law; (c) your instructions to McCoy are lawful; (d) your offerings, certifications, claims, and marketing materials are accurate and lawful; (e) you will provide required notices and obtain required consents; and (f) you will not use the Services in violation of these Terms.
27.3 Service Disclaimer. To the maximum extent permitted by law, the Services, McCoy Content, Generated Content, APIs, certifications, verification tools, beta features, documentation, support, and professional services are provided "as is" and "as available" unless a signed Order states otherwise. McCoy disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, error-free operation, uninterrupted operation, learning outcomes, certification outcomes, regulatory compliance, and course suitability.
27.4 No Output Warranty. McCoy does not warrant that Generated Content, assessments, explanations, feedback, recommendations, analytics, scores, credential metadata, or AI outputs will be accurate, complete, current, unbiased, lawful for your use, or suitable for any particular learner, certification, jurisdiction, employer, regulator, or purpose.
27.5 Consumer Rights. Some jurisdictions do not allow certain disclaimers. Nothing in these Terms excludes or limits warranties, guarantees, or rights that cannot be excluded or limited under applicable law.
28. Indemnification
28.1 Customer Indemnity. To the maximum extent permitted by law, Customer will defend, indemnify, and hold harmless McCoy, its Affiliates, and their directors, officers, employees, contractors, agents, licensors, and service providers from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) Customer Materials or User Content; (b) Customer's offerings, courses, certifications, exams, credentials, marketing, claims, or instructions; (c) Customer's or Authorized Users' use or misuse of the Services; (d) violation of these Terms or law; (e) infringement or misappropriation of third-party rights; (f) failure to provide required notices or obtain required consents; (g) taxes or employment obligations for Customer's transactions; (h) disputes with learners, candidates, purchasers, employees, contractors, Issuers, creators, partners, or third parties; or (i) chargebacks, refunds, credential disputes, or certification disputes related to Customer offerings.
28.2 User Indemnity. Individual users, to the extent permitted by law, will indemnify McCoy from claims arising from their User Content, prohibited conduct, certification misconduct, fraud, chargeback abuse, violation of law, or violation of these Terms.
28.3 McCoy IP Indemnity for Paid Enterprise Customers. If a paid enterprise Customer is subject to a third-party claim alleging that the McCoy Services, as provided by McCoy and used as authorized, infringe a U.S. patent, copyright, or trademark, McCoy will defend Customer against the claim and pay damages finally awarded or amounts approved in settlement, subject to this Section. McCoy may modify the Services, procure rights, or terminate the affected Services and refund prepaid unused fees if McCoy determines that infringement risk exists.
28.4 Exclusions. McCoy's IP indemnity does not apply to claims arising from Customer Materials, User Content, Generated Content as used by Customer, third-party services, open-source components, modifications not made by McCoy, combinations with non-McCoy products, beta features, unauthorized use, use after notice to stop, violation of law, or Customer instructions.
28.5 Process. The indemnified party must promptly notify the indemnifying party of the claim, provide reasonable cooperation, and allow the indemnifying party to control defense and settlement. The indemnifying party may not settle a claim in a way that imposes liability or admissions on the indemnified party without consent.
29. Limitation of Liability
29.1 Exclusion of Damages. To the maximum extent permitted by law, McCoy and its Affiliates, licensors, service providers, officers, directors, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages; lost profits; lost revenue; lost goodwill; loss of data; business interruption; cost of substitute services; certification or employment consequences; or damages arising from Generated Content, third-party content, third-party services, or unauthorized access, even if advised of the possibility of those damages.
29.2 General Liability Cap. To the maximum extent permitted by law and except as stated in Section 29.4, McCoy's aggregate liability for all claims arising out of or relating to the Services, an Order, or these Terms will not exceed the greater of: (a) amounts paid by Customer to McCoy for the affected Services in the 12 months before the event giving rise to liability; or (b) USD $100 for free users, trial users, and consumers who have not paid McCoy for the affected Services.
29.3 Consumer Purchases. For consumer paid subscriptions or purchases, McCoy's liability will not exceed the amount paid by the consumer for the affected subscription or purchase in the 12 months before the event giving rise to liability, unless applicable law requires a higher amount.
29.4 Exclusions from Cap. The liability cap does not limit amounts owed for fees, taxes, chargebacks, refunds, or payment obligations; either party's indemnity obligations; Customer's misuse of McCoy intellectual property; confidentiality breaches involving exam content or McCoy trade secrets; fraud or willful misconduct; or liability that cannot legally be limited. Where applicable law prohibits exclusion or limitation, liability is limited to the minimum amount permitted by law.
29.5 Allocation of Risk. The limitations in this Section are an essential basis of the bargain and apply even if a remedy fails of its essential purpose.
30. Dispute Resolution, Arbitration, Class Action Waiver, and Governing Law
30.1 Informal Resolution. Before filing a claim, the parties will attempt in good faith to resolve the dispute informally by sending notice to the other party and allowing at least 30 days for resolution, except for claims requiring urgent injunctive relief or where prohibited by law.
30.2 Governing Law. These Terms are governed by the laws of the State of California, excluding conflict-of-law rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions. Mandatory consumer protections in your jurisdiction are not limited by this governing-law clause.
30.3 Arbitration for U.S. Users. Except for claims that may be brought in small claims court, claims for injunctive relief involving intellectual property, confidentiality, security, unauthorized access, or certification integrity, and claims that cannot legally be arbitrated, disputes between McCoy and U.S. users or Customers arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules.
30.4 Arbitration Location and Format. Arbitration will take place in Orange County, California, by video conference, by telephone, or on written submissions as the arbitrator determines. Consumers may request a reasonably convenient location or remote proceeding where required by law.
30.5 Class Action and Jury Waiver. To the maximum extent permitted by law, the parties waive the right to a jury trial and agree that disputes will be resolved only on an individual basis, not as a plaintiff or class member in any class, collective, consolidated, private attorney general, representative, or mass action. The arbitrator may award relief only for the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
30.6 Arbitration Opt-Out for Consumers. A consumer may opt out of arbitration by sending written notice to support@mccoy.org within 30 days after first accepting these Terms. The notice must include the consumer's name, email address, and a clear statement that the consumer opts out of arbitration. Opting out of arbitration does not opt out of other provisions of these Terms.
30.7 Courts. If arbitration does not apply, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Orange County, California, or the federal district that includes Orange County, California, except that consumers may have rights to bring claims in their local courts where required by law.
30.8 Time Limit. Any claim must be filed within one year after it arises, unless a longer period is required by law.
30.9 EU, UK, and Other Consumers. Consumers in the European Economic Area, United Kingdom, Switzerland, and other jurisdictions may have mandatory rights to use local courts, consumer protection bodies, or dispute resolution mechanisms. Nothing in these Terms limits mandatory rights that cannot be waived.
31. Notices, Changes to Terms, and Electronic Communications
31.1 Notices to You. McCoy may provide notices by email, in-product message, account notification, posting on the Services, mail, or other reasonable method. Notices are effective when sent or posted, unless law requires otherwise.
31.2 Notices to McCoy. Legal notices to McCoy must be sent to the address in Section 33 and by email to support@mccoy.org, with the subject line "Legal Notice." Notices of security issues should also be sent to support@mccoy.org.
31.3 Electronic Communications. You consent to receive electronic communications and agree that electronic agreements, notices, disclosures, and records satisfy legal writing requirements. You are responsible for keeping contact information current.
31.4 Changes to Terms. McCoy may update these Terms from time to time. Material changes will be communicated by a reasonable method. Updated Terms will apply prospectively from their effective date unless a signed agreement states otherwise. If you do not agree to updated Terms, you must stop using the Services before the updated Terms take effect.
32. Miscellaneous
32.1 Assignment. You may not assign or transfer these Terms or an Order without McCoy's prior written consent, except that a Customer may assign an Order to a successor in connection with a merger, reorganization, or sale of substantially all assets if the successor is not a competitor of McCoy and assumes the obligations. McCoy may assign these Terms or an Order to an Affiliate or successor.
32.2 Force Majeure. McCoy is not liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, pandemics, supply shortages, internet or telecommunications failures, cloud provider failures, payment network failures, app-store failures, model provider failures, government actions, or cyberattacks.
32.3 Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect. If the class action waiver is found unenforceable for a claim, that claim must proceed in court and not arbitration unless the parties agree otherwise.
32.4 No Waiver. Failure to enforce a provision is not a waiver. A waiver must be in writing and signed by the waiving party.
32.5 Relationship. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, fiduciary, franchise, employment, or exclusive relationship.
32.6 No Third-Party Beneficiaries. Except for Apple and app-store beneficiaries where applicable, McCoy Affiliates and service providers, and indemnified parties, there are no third-party beneficiaries to these Terms.
32.7 Entire Agreement. These Terms, the applicable Orders, supplemental terms, and incorporated policies are the entire agreement between the parties regarding the Services and supersede prior or contemporaneous understandings on that subject.
32.8 Interpretation. Section headings are for convenience only. The words "including" and "includes" mean "including without limitation." The word "or" is not exclusive. Any examples are illustrative and not limiting.
33. Contact
McCoy Universe Inc.
1048 Irvine Ave., #451
Newport Beach, CA 92660
Email: support@mccoy.org
Support: support@mccoy.org
Security: support@mccoy.org