Membership Agreement
Last updated: June 18th, 2025
You (the “User”) understand that by accessing, clicking, joining, or otherwise enrolling, electronically, verbally, or otherwise, to the Simple Mondays Membership (the “Membership”) offered on www.simplemondays.ca (the “Website”) that you agree to be provided with the artificial intelligence (AI) teacher planner platform (the “Membership Platform”), designed to help teachers with organization and creating classroom and teaching resources provided by 1001242485 Ontario Inc., an incorporated company in the Province of Ontario, doing business as Simple Mondays (the “Company”), and hereby understand that you are entering into a legally binding agreement with the Company and are subject to the following terms and conditions (the “Agreement”).
PURPOSE
1.1 The purpose of this Agreement is to inform the User of the Membership services. The Company encourages the User to read this Agreement carefully before accessing the Membership and/or using any of the services associated with the Membership selected at the checkout page.
1.2 For access to use the Membership, the User must be eighteen [18] years of age or older and have the requisite mental capacity to agree to these Terms & Conditions. The Membership is not designed or directed towards individuals under the age of eighteen [18].
1.3 As part of the Membership, the User will have access to various resources provided by the Company, including access to the Membership Platform designed to aid teachers by generating customized lesson plans, report card comments, and other essential tools to assist in classroom organization and schedule management.
MEMBERSHIPS
2.1 Trial Period: A free trial period will be granted to new users of the Membership for the first fourteen [14] days (the “Trial Period”). Upon completion of the Trial Period, the Membership will automatically roll into the monthly subscription, unless the User terminates the Trial Period prior to completion.
2.2 Monthly Membership: For Users that elect to enroll in monthly access to the Membership, the term shall commence upon the date of first access to the Membership following the Trial Period and will remain in full force and effect on a monthly basis (the “Monthly Term”), after which, the term will automatically renew for another Monthly Term (the “Monthly Renewal Term”), unless earlier terminated in accordance with Section 7: Cancellation.
2.3 Annual Membership: For Users that elect to enroll in annual access to the Membership, the term of shall commence upon the date of first access to the Membership and will remain in full force and effect for a term of twelve [12] months (the “Annual Term”), after which, the term will automatically renew for another Annual Term (the “Annual Renewal Term”), unless earlier terminated in accordance with Section 7: Cancellation.
USER RESPONSIBILITIES AND RESTRICTIONS
3.1 As consideration for the User’s acceptance into the Membership, the User acknowledges and agrees to abide by the following responsibilities and to be in full compliance with the following responsibilities and restrictions. Failure to comply with these responsibilities and restrictions may include the revocation of Membership privileges.
Full Responsibility: The User acknowledges and agrees that they are solely responsible for creating and implementing their own physical, mental, and emotional well-being, decisions, choices, outcomes, successes, and results arising out of or resulting from the Membership and the Membership Platform, and accepts they are fully responsible for their own results throughout the use of the Membership.
Professional Manner: The User must conduct themselves in a professional manner and ensure Outputs are reviewed for accuracy and appropriateness prior to any use.
Confidentiality: The User shall not input, upload, or share any sensitive or personally identifiable information of students, including but not limited to full names, contact details, school name or district, health records, or academic records. Use of identifiable student information within the Membership Platform is strictly prohibited.
Non-Discrimination: The User must uphold a commitment to inclusivity and non-discrimination during the use of this Membership, including refraining from inputting actions or remarks based on race, ethnicity, gender, religion, sexual orientation, or any other protected characteristic, which are strictly prohibited and may result in immediate termination of Membership.
Software Use Restrictions: The User shall not attempt to reverse engineer, decompile, disassemble, modify, copy, replicate, duplicate, or exploit the underlying software, systems, models, source code, or algorithms of the Website, or Membership Platform, or interfere with the integrity or performance of the Website, or Membership Platform or any related systems. The User shall not use the Membership Platform to create derivative works intended to mimic, replicate, or compete with the Membership Platform’s functionality. The User shall not interfere with, disrupt, or attempt to compromise the integrity, performance, security, or availability of the Membership Platform or its underlying structure, and further agrees to refrain from using any automated systems or software, including but not limited to bots and scrapers, to extract, mine, or harvest content or data from the Membership Platform.
Compliance with Policies: The User shall use the Membership Platform in accordance with the Company’s Privacy Policy and any applicable data protection laws, in addition to the policies of the User’s educational institution(s), including school and district policies, curriculum requirements, guidelines, and professional licensing body, as applicable. The Membership Platform does not validate or verify compliance with the standards or the suitability of AI generated content for official use.
Compliance with Applicable Laws: The Users must comply with all applicable local, state or provincial, and federal laws in their participation within the Membership and any illegal or unlawful activities are strictly prohibited.
TERMS OF PAYMENT
4.1 The payment amount owing for the Membership is reflected upon checkout (the “Membership Fee”). The User may elect at checkout to pay the Membership Fee for the Monthly Term or Annual Term pursuant to the terms outlined in Section 2: Memberships, with all payments to be made in the reflected currency. The User will be liable for all payments of the elected term regardless of the User’s continued use of the Membership.
4.2 The Company accepts payment via credit card, and the User authorizes upon first transaction for the Company to charge their credit card account provided in accordance with the Membership selected. All future payments will be processed on the Monthly Renewal Term or Annual Renewal Term, subject to the Membership selected upon checkout. The User agrees to provide complete, current, and accurate payment information and to update the Company should any payment information change prior to the payment due date.
4.3 Upon a failed or missed payment, the User’s access to the Membership shall be subject to automatic suspension and the credit card on file will be reattempted for payment. The User’s data and account information will be stored for up to seven [7] days during the Membership suspension. In the event the credit card on file fails on each subsequent attempt to retrieve the missed payment during the seven [7] day period, the User’s account will be permanently deactivated and the data within will be deleted after the seventh [7th] day.
4.4 The User agrees that the charges on their credit card in compliance with the terms herein are irrevocable, undisputable and may not under any circumstance be charged back, contested or challenged now or in the future. The User understands that doing so would be a material breach of this Agreement in which the Company would be entitled to legal fees, costs and fees associated with addressing a chargeback in addition to the amount challenged.
4.5 The Company reserves the right to increase the prices of the Membership Fee with sixty [60] days notice to the User. For Users enrolled in the Monthly Term, the revised Membership Fee will take effect following the sixty [60] day notice period. For Users enrolled in the Annual Term, the revised Membership Fee will apply at the start of the next Annual Renewal Term. If the User does not terminate the Membership in accordance with Section 7: Cancellation prior to the effective date of the price change, the continued use of the Membership will constitute acceptance of the new Membership Fee, and the User’s billing will be adjusted accordingly. It remains the sole responsibility of the User to review and monitor any such notices from the Company.
4.6 The User understands by accepting the payment terms herein, that they are voluntarily electing to participate in the Membership, and financially willing and able to invest in the Membership by choice as effected by their enrollment herein. The User is attesting that by doing so, they are not in any way incurring economic hardship and are aware of Section 5: Refund Policy.
REFUND POLICY
5.1 The Company does not offer any refunds at any time during the Membership. The User understands that all sales are final and are not eligible for any refund under any circumstance, be it known or unknown now or in the future, if the User has been provided access to the Membership. The User further agrees and understands that changing their mind about the Membership, failing to follow through or understand the details of the Membership, not experiencing the results they expected or desired, or experiencing any other similar situations does not, under any circumstance, warrant a refund. The User further accepts that disputing a charge through their own financial institution is a violation of this Agreement and agrees not to do so.
ACCOUNT CREATION AND DATA COLLECTION
6.1 The Company invites the User to create an account with a username and password on the Company’s Membership Platform. The User is responsible for maintaining the confidentiality and security of their account and password, and for all activities that occur within their account. The User shall notify the Company immediately of any unauthorized use of their account or password, or any other breach of security. As part of the account creation, the User agrees to provide the Company with accurate, complete, and current information upon registration and will update their information as necessary. The User must not use or access another user’s account with or without their permission, and must not share their account with another individual. If the User is found to have shared their account information with another individual, the Company may terminate the User’s access to the Membership with immediate effect.
6.2 As part of the account creation, the User understands and agrees that the Company may collect, use, and disclose aggregated, identifiable, anonymized, or de-identified data and statistics derived from the User’s access to and use of the Membership and the Membership Platform. This information may include but is not limited to the User’s name and contact information, number of users, profession and age of users, the frequency and duration of use, the types of activities and interactions, location of users, preferences and feedback, and other metrics and/or trends. The Company may use this data for their own purposes such as improvements, accuracy, and enhancements to the Membership, Membership Platform and related services, training and fine-tuning AI systems and tools, advancement of machine learning technologies, conducting internal research and analysis, interaction patterns, User input and inquiry submissions, generating reports and insights, and external marketing efforts. The Company may share this data without identifying the User, with their partners, sponsors, advertisers, and affiliates. The collection, use, and storage of such data shall be in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Company’s privacy policy.
CANCELLATION
7.1 The User may provide notice for cancellation at any time whereby the Membership will terminate at the expiration of the elected Membership term. To prevent automatic renewal for another term, the User must login to their Membership Platform and cancel their Membership in the billing and payments section of their account. Upon cancellation of the Membership, the Company will store and retain the User’s account and data information for a period of seven [7] days. Following the completion of the seven [7] day period the User’s account and all associated data will be permanently deleted from the Membership Platform.
7.2 The User understands that the Company retains the right to and may limit, suspend, or terminate the User’s access to the Membership without refund if the User: (i) is found to be sharing login information and passwords with other individuals, (ii) is found to make discriminatory remarks, or harass the Company and/or other members of the Membership, (iii) fails to follow Company guidelines, (iv) participates in copyright infringement of any intellectual property produced and/or developed by the Company, (v) is found negatively speaking about the products and/or services offered by the Company in public forums,(vi) is found to be acting contrary to the responsibilities and restrictions as outlined in Section 3: User Responsibilities and Restrictions, and/or (vii) breaches any other terms outlined in this Agreement. Upon cancellation, the User’s right to access the Membership and the Membership Platform will be terminated immediately.
7.3 The Company can decide to stop offering memberships at any time, including in response to unforeseen circumstances beyond their control, or to comply with a legal requirement. In such instances, the Company will cancel the User’s Membership and refund the prorated portion of any prepaid Membership Fee equal to the remaining unused term of the Membership. Any unpaid access to the Membership and this Membership Agreement may be terminated at any time, in addition to the User’s account, the User’s access to the Membership Platform, the Membership itself or any portion of the Membership.
MEDIA RELEASE AND TESTIMONIALS
8.1 The User hereby grants full permission to the Company to use, share, distribute or publish photographs, motion pictures, videotapes, or recordings for purposes of social media, website, advertising, online courses, archiving, and without limitation, commercial use (the “Media”). The User hereby releases the Company from all claims in which the User may have now or in the future for compensation of any kind arising out of the User’s participation in said Media and acknowledges all such Media to be the exclusive property of the Company. The User further grants permission to the Company to use their feedback and testimony, whether in the form of emails, submissions, surveys, comments, discussions, calls, or otherwise, for the purpose of marketing or promoting the Company, the Membership or the Membership Platform.
INTELLECTUAL PROPERTY OWNERSHIP
9.1 Ownership of Membership: The User acknowledges and agrees that all rights, title, and interest in and to the Membership, Membership Platform, and all associated content, technology, and services, including but not limited to, all intellectual property rights in and to any materials protected by copyright, trademark, patent, trade secrets, as well as all materials, documentation, software code (source code and object code), algorithms, data structures, processes, business methods, content, text, graphics, logos, icons, images, video, audio, user interfaces, website architecture, logos, designs, AI systems and tools, and the website domain, shall remain the exclusive property of the Company and/or its licensors (the “Company Intellectual Property”). Nothing in this Agreement shall be construed as granting the User any ownership or other rights in or to the Company Intellectual Property, except as expressly set out herein. Any unauthorized use, reproduction, distribution, or modification of the Company Intellectual Property is strictly prohibited.
9.2 User Inputs: The User retains all rights, title, and interest in and to any content, data, prompts, or other materials inputted, uploaded, or submitted by the User into the Membership and Membership Platform (the "User Inputs"). By using the services of the Membership, the User grants the Company an exclusive, worldwide, royalty-free, irrevocable license in perpetuity to use, host, store, reproduce, analyze, manipulate, and process such inputs for the purposes of providing, maintaining, operating, and improving the Membership and the Membership Platform, including any AI features, in accordance with this Agreement. The User represents and warrants that they have all necessary rights and authority to submit the User Inputs and to grant the foregoing license to the Company.
9.3 Outputs: The User is granted a limited, non-exclusive, non-transferable, worldwide, royalty-free license to use, reproduce, and display the content or materials generated by the Membership Platform in response to the User Inputs (the "Outputs") solely for the lawful purposes of personal use as outlined in Section 1: Purpose. The Company retains all rights, title, and interest in and to the underlying system, algorithms, and models used to generate such Outputs. The User understands and agrees that Outputs may be probabilistic, incomplete, or inaccurate, and are provided subject to Section 13: Disclaimer. The Company is not responsible for any third-party access, use, dissemination, and storage of such Outputs once downloaded or distributed by the User, and the User remains solely responsible for verifying the Output’s accuracy, legality, and appropriateness prior to use.
LINKS TO THIRD-PARTY WEBSITES AND AFFILIATE USE
10.1 The Membership Platform and various channels may contain links to third-party websites and/or resources, which are not maintained or related to the Company. All such linked websites, materials and pages are not under the control of the Company and the Company is not responsible for the content contained in any linked website nor for any losses or damages the User may incur as a result of the use of any such website. The User acknowledges and agrees that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available to or from these linked websites. The User acknowledges that the Company may receive compensation from the affiliate links in the event the User makes a purchase or engages with the linked content. The User understands that the Company accepts no liability, directly or indirectly, for any errors, damages, or omissions contained in third-party websites, or affiliated companies. The intended purpose of the links provided is to improve the User’s use of the Membership Platform, to enable the User to connect with the Company on various platforms, and to help the Company offer the Membership.
10.2 The Company may partner with affiliates and/or affiliate companies for proportional purposes or as part of the services offered through the Membership Platform. These affiliate relationships may result in the Company receiving or offering compensation if the User engages with an affiliate and/or affiliate company. The User acknowledges and agrees that affiliates operate independently of the Company, and the Company does not control or endorse the actions, content, products, or services of any affiliates and/or affiliate companies. The Company expressly disclaims any responsibility or liability for any acts, omissions, or representations made by affiliates, and the User assumes all risks associated with engaging with affiliated individuals and/or entities.
NON-DISPARAGEMENT
11.1 The User shall not at any time, either throughout or post their access to the Membership directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Company and/or the Membership in any way.
PRIVACY AND CONFIDENTIALITY
12.1 The User agrees to give the Company permission to keep a confidential record of the User’s name, contact information, payment information, or personal information submitted. The Company has implemented commercially reasonable technical and organizational measures designed to secure User content and associated data from accidental loss and from unauthorized access, use alteration, or disclosure. The Company cannot guarantee the privacy, security, or confidentiality of any information submitted, inputted, or uploaded to the Membership, Membership Platform or any additional AI-enabled features. This includes but is not limited to, sensitive information such as student data, school district records, or other personal identifiable information. The Company does not guarantee that unauthorized third parties will not be able to defeat the Company’s security measures, and/or use the User’s content. The User acknowledges that all User content and associated data provided is provided to the Company at their own risk. The Company does not knowingly solicit, collect, or process personal information of minors without verified parental or legal guardian consent. The Company shall have no responsibility or liability for the collection, use, or disclosure of such information where submitted by the User without proper authority or consent.
DISCLAIMER
13.1 The Membership and Membership Platform presents individualized AI-generated lesson plans, scheduling tools, report card comments, and other curriculum-aligned content and teaching tools. The User acknowledges that the Company is not responsible for the outputs generated by the Membership Platform, as all outputs are automated and may not always be accurate, complete, or aligned with the most current versions of applicable curriculum standards. The User is solely responsible for reviewing, verifying, and using their professional judgment before relying on or using any material produced by the Company.
13.2 The User understands that the Membership and the Membership Platform provided by the Company are provided on an “as is” and “as available” basis, meaning the Company makes no representations, warranties, guarantees or promises verbally or in writing pertaining to the achievement of any specific outcomes from the User’s participation in, or use of, the Membership. This includes, but not be limited to, the accuracy, completeness, reliability, availability, or quality of any Outputs generated by the Membership Platform or its AI features, as well as any improvements in planning, organization, effectiveness, or professional development. The Company does not guarantee that the Membership Platform or any associated tools, features, or content, including AI generated content, will be uninterrupted, error-free, timely, secure, free from bugs, glitches, software malfunctions, system failures, or other technical issues, or that the content produced will meet your professional standards or institutional requirements. The Company does not guarantee compatibility with third party platforms. The User understands and agrees that they are voluntarily electing to become a member of the Membership and are solely responsible for any personal outcomes or results. While the Company takes commercially reasonable measures to maintain cybersecurity and data protection, the User acknowledges and agrees that the use of the Membership Platform and the use of AI enabled tools involves inherent technical risks, including but not limited to, temporary or permanent outages, data loss, latency issues, unauthorized access, cyberattacks, and inaccuracies in content generation. The User hereby agrees that by entering into this Agreement, the User assumes all risk associated with the Membership and use of the Membership Platform as outlined herein.
13.3 The User acknowledges that they are solely responsible for all liability arising from the unauthorized input of any personal, sensitive, or identifiable information related to students, families, or other individuals, including but not limited to names, addresses, contact information, or academic records entered into the Membership Platform, that may result in a breach of privacy laws and/or school board policies. The User is solely responsible for compliance with all applicable data protection regulations and guidelines.
13.4 Any Outputs, tools, lesson plans, report card comments, and planning tools created and designed for the User provided by the Membership Platform are not intended to replace professional judgment, pedagogical training, or institutional standards. The User is solely responsible for reviewing, modifying, and ensuring the accuracy, legitimacy, legality, and appropriate use of any content generated through the Membership Platform. Any and all information contained on the Membership Platform is for the exclusive purpose of education and information only, and it is not intended to be, nor shall it be understood or construed as, professional advice in any capacity. The User understands that the Membership Platform does not: (a) guarantee curriculum alignment, (b) replace the User’s professional, ethical, and legal responsibilities as an educator, and (c) operate as a source of accredited, official, or endorsed educational content. The User acknowledges that the Membership and Membership Platform may occasionally produce content that is incorrect, outdated, biased, or inappropriate. The User agrees to use the Membership Platform with discretion.
LIMITATION OF LIABILITY
14.1 Limitation of Liability: The User’s decision to enroll in the Membership and use the information contained therein is purely voluntary, and the User understands the Company is not responsible nor liable for any harm or damage to the User resulting from direct or indirect use of the ability to use the Membership Platform and the Outputs produced therein, including but not limited to content errors, compliance issues, or loss of data, during the Membership. The User agrees to hold the Company harmless from any damages directly or indirectly resulting from the use of the content, affiliates, products or services sold or visible on the Company website and/or Membership Platform distributed through email, social media marketing, or advertising, and further agrees that the applicant will not make any claims against the Company herein.
14.2 Indemnity: As a condition of accessing the Membership and the Membership Platform, the User hereby releases the Company and its directors and affiliates from and against any and all liabilities, expenses, legal fees and damages arising out of claims resulting or arising from the User’s use of the Membership.
14.3 Release of Claims: The User releases any right to claims against the Company to the maximum extent as permissible under applicable law. The User agrees that under no circumstances will the Company be liable to any party, for any type of damages resulting, or claiming to result from any use of, or reliance on, our Membership and Membership Platform or content found therein, and the User hereby releases the Company from any and all claims whether known now or discovered in the future.
MODIFICATIONS
15.1 The Company reserves the right, at their sole discretion, to modify, replace or revise these terms and conditions of this Membership Agreement at any time and without notice. What constitutes a material change will be determined at their sole discretion. By continuing to access or use the Membership and the Membership Platform after those revisions become effective, the User agrees to be bound by the revised terms. If the User does not agree to the new terms, please stop accessing the Company’s Membership and the Membership Platform. The Company further reserves the rights to modify, suspend or discontinue, whether temporarily or permanently, the services (or any part thereof) or products, for any reason without notice.
SEVERABILITY
16.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
APPLICABLE LAW
17.1 This Agreement shall be governed by the laws of the Province of Ontario regardless of conflict of law principles, and regardless of the location of the User. The User understands this and agrees that the laws of the Province of Ontario shall have exclusive jurisdiction over any disputes relating to this agreement.
BINDING EFFECT
18.1 This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
CONTACT
19.1 If there are any questions about these Terms, the Company can be contacted at: jessica@simplemondays.ca.