ClassMetric Terms of Service
Please read Section 14. It requires most disputes to be settled by individual arbitration, and it waives class actions. You can opt out within 30 days.
The short version. This summary isn't a substitute for the Terms below.
- Lessons are made with AI. That covers lessons, quizzes, pictures, voices, characters and the coach. The coach is AI, not a person.
- You take personal responsibility. You're responsible for your learning and for what you do with it. Check what you learn against the official sources for your class. Follow your employer, the equipment maker and the law.
- No guaranteed results. We don't promise that you'll pass a test, get certified or licensed, or get hired. Exam bodies, licensing agencies and employers make those decisions, not us.
- A study aid, not training or certification. We're not a school, a licensing body or your employer. We don't replace hands-on training. We aren't affiliated with OSHA, the BACB, FMCSA or any state agency.
- Limited liability. Our liability is limited as far as the law allows. Disputes go to individual arbitration, and you can opt out within 30 days.
These Terms of Service ("Terms") are an agreement between you and Winding AI, Inc. ("ClassMetric," "we," "us"). They cover ClassMetric's websites, apps, lessons, practice tests, AI coach and related services (together, the "Service").
1. Accepting these Terms
How you accept. You accept these Terms when you check the box that says you accept them and then sign in, create an account, start a lesson or buy something. If you don't agree, don't use the Service.
Our record. We keep a record of your acceptance. It includes the version of the Terms, the date and time, and the exact wording you were shown.
Changes.
- Material changes. We'll tell you in the app and by email at least 30 days before a material change takes effect, and we'll ask you to accept the new version.
- Other changes. Smaller changes take effect when we post them, with a new date at the top.
- Arbitration. Changes to Section 14 apply only to disputes that arise after the change, and you can reject them as Section 14 explains.
- If you don't agree. Stop using the Service. You can delete your account.
2. Who can use ClassMetric
Age.
- You must be at least 18 to create an account or buy a class.
- If you're under the age of majority where you live (for example, 19 or 21 in some states), you confirm that a parent or guardian has reviewed and agreed to these Terms.
- The Service isn't meant for children. Many of the credentials we cover have minimum ages anyway. For example, federal law bars anyone under 18 from operating a forklift at most non-farm jobs.
Your account. It's for you alone. Keep your sign-in secure. You're responsible for activity on your account.
Accurate information. Give us accurate information and keep it up to date.
Where we operate. We offer the Service in the United States. We don't currently offer it in the European Union or the United Kingdom.
3. What ClassMetric is, and what it isn't
What it is. ClassMetric is a study aid. It offers short lessons, practice questions and tools that help you prepare for knowledge tests and for the classroom part of workplace training.
ClassMetric is not any of these, unless a class says otherwise in writing:
- hands-on training, a skills evaluation, or a workplace evaluation;
- OSHA forklift operator training or certification, which only your employer can complete (29 CFR 1910.178(l));
- FMCSA Entry-Level Driver Training (ELDT);
- the BACB's 40-hour RBT training or initial competency assessment;
- a school, a testing body, a government agency, or your employer;
- a license, a certification, or job placement.
Completion records. Any completion record we issue shows only that you completed our material.
Not affiliated. We aren't affiliated with, endorsed by or sponsored by any of these:
- OSHA or the U.S. Department of Labor;
- the Behavior Analyst Certification Board (BACB);
- the Federal Motor Carrier Safety Administration (FMCSA);
- any state licensing agency or department of motor vehicles;
- any exam provider;
- any equipment manufacturer.
Names such as RBT® and BACB® belong to their owners. We use them only to describe what our classes cover.
Not professional advice. Nothing in the Service is legal, medical, clinical, safety-engineering or other professional advice.
4. Lessons are made with AI
What AI makes. We use artificial intelligence, including models from third-party providers, to create and deliver the Service. This includes:
- lesson scripts and stories;
- quizzes, explanations and practice questions;
- images, animations and characters;
- the coach's voice;
- answers in chat.
The coach is AI. It isn't a human instructor, and nobody supervises it in real time. If you ask whether it's a person, it will tell you it's AI.
Lessons can be incomplete, out of date or wrong. We build lessons from published sources and review them, but we can't promise that every lesson is complete, current or correct. AI-made content can sound confident and detailed even when it's wrong. Rules also change, and requirements differ by state, employer and equipment.
The official source always wins. If anything in the Service differs from one of these, follow the source:
- the regulation;
- the exam body's published outline or handbook;
- your state's manual;
- the equipment manufacturer's instructions;
- your employer's rules.
Report errors. Every lesson, question and AI answer has a Report button. If something looks wrong, report it, and we'll review it and fix the content.
5. Your responsibility
When you check the box, you take personal responsibility for your learning and for how you use it. This means:
- You check what you learn. Before relying on important information, check it against the official sources for your class, especially anything about safety, the law or an exam.
- Your decisions are yours. That includes when to take an exam, whether you're ready, how you do your job and how you operate equipment.
- You follow the rules where you work. Follow your employer's instructions, your supervisor, the equipment manufacturer and the law. Get qualified in-person training where it's required.
What we're not responsible for. As far as the law allows, ClassMetric isn't responsible for any of these:
- your exam results;
- what you learn, or don't learn;
- decisions you make based on our content, including content that turns out to be wrong.
Section 12 sets out the limits on our liability and what they don't cover.
6. Safety-sensitive classes
What this covers. Some classes cover work that can seriously injure people. Examples include operating forklifts, driving commercial vehicles and working directly with clients.
We teach the knowledge part only. The Service can't train you hands-on and can't judge whether you can do the work safely. Never operate equipment, drive a commercial vehicle or work with clients based only on what you learned here.
Forklift (powered industrial truck) training.
- OSHA requires your employer to make sure you're trained in person and evaluated in your workplace. The evaluation must be on the type of truck you'll use, and done by someone with the knowledge, training and experience to do it.
- Your employer then certifies you. We don't certify operators.
- Our lessons can support that process, but they can't replace it.
Commercial driving.
- Follow your state's CDL manual and federal rules.
- Before most skills tests, you need ELDT from a provider on FMCSA's Training Provider Registry.
- Only your state licensing agency decides whether you pass its tests.
Behavior technician (RBT).
- Work with clients only as your qualified supervisor directs, and only within your role.
- Don't enter a client's name or any other information that could identify them, including health information. This applies everywhere in the Service, including the AI chat.
Assumption of risk. Operating forklifts, commercial vehicles and similar equipment carries an inherent risk of serious injury or death. You're responsible for completing all the hands-on training, evaluations and certifications that your employer and the law require. As far as the law allows, you assume the risks of operating any equipment and of applying what you learn. This doesn't cover harm caused by our gross negligence or willful misconduct, or anything else that Section 12 says can't be limited.
7. No guaranteed results
What we don't promise. We make no promise or guarantee of any of these:
- that you'll pass any exam, test, evaluation or skills check;
- that you'll earn a certification, license, endorsement or credential;
- that an employer, licensing agency or exam body will accept our material;
- that you'll be hired or promoted, or earn any amount;
- that our lessons are the best, most complete or most current way to prepare.
Who decides. Exam bodies, licensing agencies and employers decide outcomes, under their own rules. Those rules can change.
Readiness scores are estimates. Readiness scores, progress bars, study plans and goals in the app are estimates based on your practice. They don't predict or promise how you'll do on a real exam. We don't use them to decide refunds or certificates, and we don't sell or share them with employers.
"Until you pass" and "no expiry." These phrases describe how long you keep access (see Section 8). They're not a promise that you'll pass.
8. Purchases, access and refunds
Prices. We show the price before you buy. Most classes are a one-time purchase with no subscription. Taxes may apply.
Access.
- A purchase gives you a personal, non-transferable right to use that class.
- You keep access for as long as we offer the class, and for at least 24 months after you buy it.
- Telling us you passed doesn't end your access.
- We may update a class to keep it current. If we retire a class, we'll move you to its replacement or refund part of the price, in proportion to the access you didn't get.
Refunds for purchases through Apple or Google.
- The app store processes them, under its own terms.
- Apple or Google handles refunds for them. We can't issue those refunds.
Refunds for purchases on our website.
- Our payment provider processes them.
- You can ask for a refund within 7 days of purchase if you've completed less than 25% of the class.
- After that, purchases are final, except where the law requires a refund.
Employer seats. Seats bought by an employer are governed by the employer's order form or agreement.
9. Using the Service fairly
Don't do any of these:
- copy, resell or share paid content or your account;
- scrape the Service, or use it to train other AI models;
- get around security, or disrupt the Service;
- use the Service to cheat on an exam, or share live exam content;
- use the AI features to create unlawful, harmful or misleading material;
- present our material as an official certification.
What we can do. We may suspend or close accounts that break these rules.
Reviews. Nothing in these Terms stops you from posting an honest review of ClassMetric.
10. Your data and our AI providers
Sharing with AI providers.
- To create lessons and answer you, we send what you type or say to the AI features to AI providers, along with your class and progress. These providers process it on our behalf.
- Our Privacy Policy names the providers.
- We'll ask for your permission before your first AI chat or voice session.
What you send. You keep ownership of what you type or say. You let us use it to run, improve and secure the Service, as our Privacy Policy explains.
What not to share. Don't share sensitive personal information, or anyone else's private information.
What else the Privacy Policy explains.
- what we collect, including the acceptance record in Section 1, your device and your IP address;
- how long we keep it;
- how to delete it.
11. Our content
We own the Service. We or our licensors own the Service and its content, including lessons, questions, scenes and software. You may use it only for your own learning, as these Terms allow.
Feedback. If you send us feedback, we may use it without owing you anything.
12. Disclaimers and limits on liability
Disclaimer.
To the maximum extent permitted by law, the Service is provided "as is" and "as available." We disclaim all warranties, express or implied, including any warranty of:
- merchantability;
- fitness for a particular purpose;
- title;
- non-infringement;
- accuracy, completeness or results.
We don't warrant that the Service will be uninterrupted or error-free, or that any content is complete, current or correct.
Limit on liability.
To the maximum extent permitted by law, ClassMetric and its owners, staff and providers won't be liable for any of these, even if we were told they were possible:
- indirect, incidental, special, consequential, exemplary or punitive damages;
- lost profits, wages, jobs or opportunities;
- failed exams or evaluations.
Our total liability for any claim relating to the Service is limited to the greater of:
- what you paid us for the Service in the 12 months before the claim; or
- US $100.
What these limits don't cover. Nothing in these Terms excludes or limits any of these:
- our liability for fraud;
- our liability for gross negligence or willful misconduct;
- our liability for death or personal injury caused by our negligence, where the law doesn't allow that liability to be limited;
- any other liability that the law doesn't allow to be excluded or limited;
- your rights under consumer protection laws that can't be waived.
These limits apply only as far as the law where you live allows. Section 17 explains how they apply in New Jersey. They reflect how we price the Service.
13. Indemnity
What you cover. If someone brings a claim against us because you broke these Terms or misused the Service, you'll cover our reasonable costs of that claim, as far as the law allows.
What you don't cover. This doesn't cover claims caused by our own negligence or wrongdoing.
14. Disputes and arbitration
Try to resolve it first.
- Before filing a claim, send the other side a written notice describing the dispute. Send yours to hello@classmetric.com.
- Both sides then try in good faith to resolve it for 60 days.
- Deadlines for bringing the claim are paused during those 60 days.
Arbitration.
- Any dispute that isn't resolved will be decided by binding individual arbitration under the Federal Arbitration Act.
- The American Arbitration Association (AAA) runs it under its Consumer Arbitration Rules and, where they apply, its Mass Arbitration Supplementary Rules.
- The hearing can be held by video or in the county where you live.
- We'll pay all AAA fees beyond the consumer filing fee.
Exceptions.
- Small claims. Either side may bring an individual claim in small claims court.
- Public injunctive relief. Requests for public injunctive relief, where the law allows them, go to court, after the individual arbitration ends.
- Federal exclusions. Claims that federal law excludes from forced arbitration aren't covered.
No class actions.
You and ClassMetric may bring claims only individually, not as a plaintiff or class member in any class, collective or representative action.
If the class waiver fails. If the class-action waiver is found unenforceable for a claim, that claim goes to court and not to class arbitration.
Opting out.
- You can opt out of arbitration within 30 days of first accepting these Terms. Email hello@classmetric.com with your name and the email address on your account.
- Opting out doesn't affect anything else in these Terms.
- If we make a material change to this section, you can reject it within 30 days of the change.
Governing law.
- These Terms are governed by the Federal Arbitration Act and the laws of [State], except where the law where you live requires otherwise.
- Disputes that aren't arbitrated go to the state or federal courts in [County, State], unless you're entitled to bring them where you live.
15. Ending your account
You can stop at any time. You can delete your account in the app (Me › Account › Delete account) or at classmetric.com/delete-account.
We can close accounts. We may suspend or close accounts that break these Terms.
What continues. Sections 4 to 7 and 11 to 17 continue to apply after your account ends.
16. App store terms
These apply if you got the app from Apple's App Store or Google Play.
The app license. Apple's Standard EULA, or Google Play's terms, govern your license to the app. These Terms govern the Service.
This agreement is with us. It's between you and ClassMetric, not Apple or Google.
We're responsible for the app, not Apple or Google. That covers:
- the app and its content;
- support and maintenance;
- product claims;
- claims that the app infringes someone's intellectual property.
Apple's role.
- If the app fails to meet a warranty that applies to it, Apple's only obligation, as far as the law allows, is to refund the price you paid for the app, if any.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
What you confirm.
- You're not in a country subject to U.S. sanctions.
- You're not on a U.S. list of prohibited parties.
- You'll follow any third-party terms that apply when you use the app.
17. Other terms
Entire agreement. These Terms, plus any terms shown when you buy, are the whole agreement between you and us about the Service.
If part fails. If a court finds part of these Terms unenforceable, the rest still applies. The exception is the class-action waiver, which Section 14 covers.
No waiver. If we don't enforce a term, we haven't waived it.
Transfer. We may transfer these Terms if our business is transferred. You may not transfer them.
New Jersey residents. Sections 6 (assumption of risk), 12 (disclaimers and limits on liability) and 13 (indemnity) apply only as far as New Jersey law allows. They don't limit liability for gross negligence, intentional conduct, or violations of the New Jersey Consumer Fraud Act.
California residents. You can 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, CA 95834;
- by phone, at (800) 952-5210.
Contact. Winding AI, Inc., 1887 Whitney Mesa Drive #5338, Henderson, NV 89014, USA. Email hello@classmetric.com.