Terms of Use
ABOUT THESE TERMS
These Terms of Use ("Terms") are a legally binding agreement between you and V-Empower Global Strategy Services L.L.C-FZ, a limited liability company incorporated in the Meydan Free Zone, Dubai, United Arab Emirates (formation number 2200537, commercial licence number 2200537.01), with registered office at Meydan Grandstand, 6th Floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates, trading as Excelerate ("Excelerate", "we", "us", "our").
They govern your access to and use of 4excelerate.org, experience.4excelerate.org, the Excelerate mobile applications, and all related programs, platforms and services (together, the "Services").
Please read Sections 5, 6, 7, 20, 21 and 25 carefully. They describe what our Services do and do not promise, limit our liability, and set out how disputes are resolved. Section 26 contains additional terms that may give you stronger rights depending on where you live, and those terms prevail over anything inconsistent elsewhere in this document.
If you do not agree to these Terms, do not use the Services.
1. DEFINITIONS
"Award" means any Micro-Scholarship, prize, bursary, fee reduction or other financial or non-financial benefit made available through the Services by an Institutional Partner or Sponsor.
"Content" means all material we make available through the Services, including software, text, designs, video, audio, graphics, curricula, assessments and databases.
"Host Organisation" means an employer, non-profit, agency or other organisation that hosts, sponsors or sets a Program, task or challenge delivered through the Services.
"Institutional Partner" means a university, college, school, school group, education agency or other institution that takes up Excelerate domains, places or programs, or that participates in the Services.
"Participant", "you" means any individual who accesses or uses the Services, including students, learners, parents and guardians, and Institutional Partner and Host Organisation personnel.
"Program" means any experiential learning offering delivered through the Services, including virtual internships, competitions, workshops, masterclasses, courses, challenges and credentialed pathways.
"Guardian" means a parent or person with legal parental responsibility for a Participant who has not reached the applicable Age of Consent.
"Work Product" means any deliverable, submission, analysis, design, code, recording or other material a Participant creates in the course of a Program.
"User Content" means anything you post, upload, transmit or make available through the Services, including Work Product, forum posts, comments, reviews, images and recordings.
2. SCOPE, INCORPORATED DOCUMENTS AND ORDER OF PRECEDENCE
2.1 The following documents form part of these Terms and are incorporated by reference:
- the Privacy Notice (4excelerate.org/privacy-policy);
- the Payment and Refund terms (Section 14);
- the Safeguarding and Virtual Session Standards (Section 16);
- Program Terms published for an individual Program;
- Competition Rules published for an individual competition;
- Institutional Terms and any Data Processing Agreement executed with an Institutional Partner;
- Host Organisation Terms executed with a Host Organisation.
2.2 Order of precedence. Where documents conflict, the following order applies, highest first:
- Section 26 (Region-Specific Terms), to the extent it grants you rights that cannot lawfully be reduced;
- a signed written agreement between us and an Institutional Partner or Host Organisation, as between us and that party;
- Program Terms or Competition Rules for the specific Program;
- these Terms;
- all other policies.
2.3 Separate capacities. If you use the Services in more than one capacity — for example as both a student and a Host Organisation contact — these Terms apply to you separately in each capacity.
3. ELIGIBILITY, AGE AND GUARDIAN CONSENT
3.1 Minimum age. You must be at least 13 years old to hold an Excelerate account. We do not knowingly collect personal information from anyone under 13. Some Programs set a higher minimum age, stated in the Program Terms.
3.2 Age of Consent. We apply the following thresholds. Where a Participant is below the applicable threshold, verified Guardian consent is required before an account is activated:
| Where the Participant is located | Age of Consent |
|---|---|
| India | 18 |
| Ireland, Germany, Netherlands, Luxembourg, Hungary, Croatia, Slovakia | 16 |
| France, Czechia, Greece, Slovenia | 15 |
| Austria, Bulgaria, Cyprus, Italy, Lithuania, Spain | 14 |
| Belgium, Denmark, Estonia, Finland, Latvia, Malta, Poland, Portugal, Romania, Sweden, United Kingdom | 13 |
| United States (for accounts created through a school) | 18, or valid school authorisation under Section 8.5 |
| All other jurisdictions | 16 |
Where any other applicable law sets a higher threshold than the table above, that higher threshold applies. We may update this table to reflect changes in law.
3.3 Verified Guardian consent. Where consent is required, we obtain it through a verifiable process before the account is activated, and we record the date, method and identity of the consenting Guardian. A Guardian may withdraw consent at any time by contacting us, which will result in closure of the account and deletion of the associated personal information in accordance with our Privacy Notice.
3.4 Guardian rights. A Guardian who has provided consent may, at any time: review the personal information we hold about the Participant; require correction or deletion of it; withdraw consent to any sharing with Institutional Partners or Host Organisations; and require that the Participant's Work Product not be shared beyond Excelerate.
3.5 Children's design commitments. For Participants under 18 we apply, as a default and without requiring any action by the Participant or Guardian: the highest privacy settings available; no behavioural or targeted advertising; no profiling that produces legal or similarly significant effects; no use of engagement-maximising techniques designed to extend session time; and no commercial use of the Participant's image, voice or likeness (see Section 10.6). These commitments are given in alignment with the UK Age Appropriate Design Code and India's Digital Personal Data Protection Act, 2023, and apply globally.
3.6 Capacity. By using the Services you represent that you have legal capacity to enter these Terms, or that a Guardian with such capacity has consented on your behalf.
3.7 Restricted persons. You may not use the Services if you are barred from doing so under Section 19 (Sanctions and Export Control).
4. ACCOUNTS
4.1 Accuracy. You agree to provide true, accurate, current and complete registration information and to keep it updated.
4.2 Security. You are responsible for maintaining the confidentiality of your credentials and for activity under your account. Notify us immediately at support@4excelerate.org if you believe your account has been compromised. We will not hold you responsible for unauthorised activity occurring after you have notified us, except where you acted fraudulently.
4.3 Email address. Excelerate is designed for long-term use. We recommend registering with a personal email address you will retain after leaving your current institution. We will assist you in transferring your account to a new email address where we can reasonably verify your identity. This replaces our previous position that transfers were not possible.
4.4 One account. You may hold one Participant account. You may not sell, rent, share or transfer your account or profile.
4.5 Usernames. We may reclaim or change a username that is impersonating, obscene, infringing or otherwise contrary to Section 11, on notice to you and with an opportunity to choose an alternative.
5. THE SERVICES — WHAT WE DO AND DO NOT PROVIDE
This section is important. Read it before relying on the Services for any decision.
5.1 What Excelerate is. Excelerate is an experiential learning platform. We design and deliver Programs, we make Awards available on behalf of Institutional Partners and Sponsors, and we issue credentials recording what a Participant has completed.
5.2 No guarantee of admission. An Excelerate profile, credential or Award is not a college or university application and does not guarantee, and is not represented to improve the likelihood of, admission to any institution. Admission decisions rest solely with the institution. Participation in Excelerate will not be used by a College Partner to reduce a Participant's likelihood of admission.
5.3 No guarantee of employment. Completion of a Program does not constitute, guarantee or imply an offer of employment, an internship placement, a reference, or any commitment by a Host Organisation.
5.4 No professional advice. Excelerate does not provide immigration, visa, legal, tax, financial, financial-aid or investment advice. Nothing in the Services constitutes regulated immigration advice within the meaning of the UK Immigration and Asylum Act 1999 or regulated migration assistance within the meaning of Australia's Migration Act 1958, and no Excelerate personnel are authorised to provide it. Information about study destinations, visa categories or aid programs is general in nature. You should obtain advice from a qualified, registered adviser in the relevant jurisdiction before making any decision.
5.5 How we are compensated — disclosure. Institutional Partners and Host Organisations pay Excelerate for program design, delivery, platform access and administration. Excelerate does not receive, and does not pay any employee, contractor or agent, any commission, bonus or other incentive payment based directly or indirectly on securing enrolments or the award of financial aid, consistent with the incentive compensation prohibition at 20 U.S.C. §1094(a)(20) and 34 C.F.R. §668.14(b)(22). No payment made to Excelerate by any Institutional Partner varies, in whole or in part, with the number of students enrolled, admitted or recruited. Where any Program or Award arrangement operates on a different basis, that basis will be disclosed in the applicable Program Terms.
5.6 We are not a party to your relationship with institutions or employers. Where the Services connect you with an Institutional Partner or Host Organisation, any resulting relationship — admission, placement, offer, engagement or dispute — is between you and that party. We will assist in good faith but we are not responsible for their acts or omissions.
5.7 Availability. We aim to keep the Services available but do not guarantee uninterrupted availability. We will give reasonable advance notice of planned maintenance affecting a live Program, and reasonable notice before discontinuing a Program or a material feature, together with an opportunity to export your data and credentials under Section 23.5.
6. MICRO-SCHOLARSHIPS AND AWARDS
6.1 Nature of an Award. A Micro-Scholarship represents a minimum amount of scholarship or grant aid that the awarding Institutional Partner or Sponsor has stated it is willing to include in a financial aid package, if and only if the Participant is admitted to, enrols at and attends that institution. It is not cash, is not transferable, and has no value unless and until those conditions are met.
6.2 Fulfilment sits with the awarding institution. The awarding Institutional Partner or Sponsor is solely responsible for honouring, calculating and disbursing an Award. Excelerate does not hold, disburse or guarantee Award funds and is not liable for non-fulfilment. We will, however, use reasonable efforts to assist a Participant in raising a fulfilment issue with the awarding institution.
6.3 Interaction with other aid. If you receive a larger scholarship or grant on admission, the awarding institution may, at its discretion, treat the Award as included within or replaced by that larger amount rather than additional to it. Awards may be disbursed as part of, or separately from, a financial aid package.
6.4 Conditions and loss. Awards may be subject to conditions set by the awarding institution, including full-time enrolment or a minimum grade point average. Where a condition ceases to be met, the Award may be suspended for that period. Awards may be restored when the condition is met again, but amounts lost during the period of non-compliance are not reimbursed. All such conditions must be stated by the awarding institution in the Award criteria before the Award is earned; conditions introduced afterwards do not apply to Awards already earned.
6.5 Limited quantities and retroactive Awards. Some Awards are limited to a stated number of Participants, and some may be granted for achievements completed before registration, where the awarding institution expressly permits it. Both will be stated in the Award criteria.
6.6 Verification and disqualification. We may verify any claimed accomplishment. Where information is found to be materially false or misleading, we may disqualify the Participant from some or all Awards and notify awarding institutions. Before disqualification we will notify you of the specific finding and give you at least 14 days to respond, and you may appeal under Section 12.5.
6.7 Transfer students. Awards may be redeemed by transfer students unless the Sponsor expressly states otherwise. Where a Participant transfers to an institution at which they hold an Award, that institution will honour the corresponding proportion of the Award.
6.8 Tax. Participants are responsible for any tax arising on an Award or prize, including reporting obligations in their country of residence. Where required, we or a Sponsor may need tax documentation (for example a U.S. Form W-8BEN or W-9, or PAN details in India) before a prize is released.
6.9 Competitions. Competitions with prizes are governed by published Competition Rules setting out eligibility, entry mechanics, judging criteria, prize details, jurisdictions in which the competition is void, and tax responsibility. Where those Rules conflict with this Section 6, the Rules prevail for that competition.
7. PROGRAMS, EXPERIENTIAL PLACEMENTS AND THE NATURE OF THE RELATIONSHIP
This section defines what a Program is in legal terms. It matters to Participants, Host Organisations and Institutional Partners alike.
7.1 Educational purpose. Programs are designed and delivered for the educational benefit of the Participant. Their primary purpose is the development of the Participant's skills, portfolio and career readiness.
7.2 No employment relationship. Unless a Program is expressly designated as paid employment in its Program Terms:
- the Participant is not an employee, worker, agent, apprentice or contractor of Excelerate or of any Host Organisation;
- no wage, salary, stipend or other remuneration is payable to the Participant by Excelerate or the Host Organisation;
- the Participant is not entitled to employment benefits, holiday pay, sick pay, pension contributions or notice;
- the Participant is under no obligation to perform work of economic benefit to the Host Organisation, and the Host Organisation is under no obligation to accept or use any Work Product;
- participation is not conditioned on, and does not create an expectation of, an offer of employment.
7.3 Primary beneficiary. Programs are structured so that the Participant is the primary beneficiary of the arrangement, consistent with the standards applied under the U.S. Fair Labor Standards Act, the UK National Minimum Wage Act 1998, and comparable frameworks in the European Union and elsewhere. Programs do not displace paid staff, do not entitle a Host Organisation to guaranteed output, and are structured around defined learning outcomes and mentorship.
7.4 Host Organisation responsibility for classification. Each Host Organisation is responsible for ensuring that the arrangement it hosts complies with employment, minimum wage, work experience and traineeship law in every jurisdiction relevant to it and to the Participant, and warrants to us that it will do so. Where a Host Organisation directs a Participant in a manner inconsistent with Sections 7.2 and 7.3, it does so on its own account and indemnifies Excelerate under its Host Organisation Terms.
7.5 Time commitment. Program Terms state the expected time commitment and any guaranteed hours of structured activity. Participants are not required to exceed the stated commitment and will not be penalised for declining to do so.
7.6 Credentials. On completion we issue a credential describing what was completed. A credential is a record of participation and demonstrated skill; it is not an academic qualification, a licence, a professional certification, or a statement of academic credit, unless the Program Terms expressly say an Institutional Partner has conferred credit. Once earned, a credential is yours. We will not revoke or withhold a credential as a consequence of a payment dispute or a commercial disagreement. We may revoke a credential only where it was obtained through fraud, plagiarism or material misrepresentation, following the process in Section 6.6.
7.7 Health, safety and in-person elements. Programs are primarily delivered online. Where a Program includes an in-person element, the Host Organisation or Institutional Partner responsible for the venue is responsible for health, safety and insurance at that venue, and additional terms will apply.
8. INSTITUTIONAL PARTNERS, HOST ORGANISATIONS AND SCHOOLS
8.1 Institutional Partners. An Institutional Partner takes up domains, places or programs under a separate written agreement. That agreement governs commercial terms, co-branding, permitted use of Excelerate marks, and data protection responsibilities. Personnel accessing the Services on behalf of an Institutional Partner are bound by these Terms in their individual capacity.
8.2 Host Organisations. A Host Organisation warrants that it will: comply with Section 7; provide a safe, respectful and non-discriminatory environment; not require a Participant to perform work outside the scope of the Program; not solicit personal information from a Participant beyond what the Program requires; and comply with all applicable safeguarding obligations where Participants are under 18.
8.3 Confidentiality of Host Organisation materials. Where a Host Organisation shares non-public information with a Participant for the purposes of a Program, the Participant must use it only for the Program, must not disclose it, and must delete or return it on request. This obligation survives completion of the Program for three years, or longer where the information is a trade secret.
8.4 Work Product and Host Organisations. See Section 10.4. In summary: the Participant retains ownership of their Work Product; the Host Organisation receives a licence to evaluate it; commercial use by a Host Organisation requires a separate written agreement with the Participant, and is prohibited entirely in respect of Participants under 18 without Guardian consent.
8.5 Schools and student records. Where a school, district or school group enrols Participants under 18, additional terms apply and are set out in the Education Rider at Schedule B, which addresses:
- our status as a "school official" with a legitimate educational interest under the U.S. Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g, where the school so designates us;
- our obligations as an operator under California's Student Online Personal Information Protection Act, New York Education Law §2-d, Illinois SOPPA and comparable state statutes, including the prohibition on targeted advertising, the prohibition on sale of student data, and the commitment to delete student data on the school's direction;
- our status as processor and the school's status as controller under the UK GDPR and EU GDPR, with the Data Processing Agreement at Schedule C;
- our commitments under India's Digital Personal Data Protection Act, 2023 in respect of Participants under 18.
8.6 No agency. Nothing in these Terms creates a partnership, joint venture, franchise, employment or agency relationship between Excelerate and any Participant, Institutional Partner or Host Organisation.
9. OUR INTELLECTUAL PROPERTY
9.1 The Services and all Content and marks within them are owned by or licensed to us and are protected by copyright, trademark and other laws worldwide.
9.2 Your licence. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Services, and to download or print Content for your personal, non-commercial, educational use. Institutional Partners and Host Organisations receive the licence set out in their separate agreement.
9.3 Reservation. All rights not expressly granted are reserved. You may not copy, adapt, reverse engineer, decompile, frame, scrape, systematically extract from, or use the Services or Content to build a competing product or to train a machine learning model, except to the extent this restriction is unenforceable under applicable law (including Articles 5 and 6 of Directive 2009/24/EC and the text and data mining exceptions under Directive (EU) 2019/790, where those apply to you).
9.4 Feedback. If you send us suggestions or feedback about the Services, we may use them without obligation or compensation. You retain any independent intellectual property rights you hold in the underlying subject matter, and we do not claim ownership of your ideas, inventions or works merely because you mentioned them to us. This replaces our previous position that all submissions became our sole property.
10. YOUR CONTENT, WORK PRODUCT AND LIKENESS
10.1 You own your content. You retain all ownership of your User Content and Work Product. We claim no ownership interest in them.
10.2 Operating licence. You grant us a non-exclusive, worldwide, royalty-free licence, for the duration necessary and revocable as set out below, to host, store, reproduce, display, adapt for format, transmit and back up your User Content, solely for the following purposes:
(a) operating, delivering and supporting the Services and the Programs you participate in; (b) issuing, verifying and evidencing your credentials; (c) making your Work Product available to the Host Organisation or Institutional Partner for the specific Program, where Section 10.4 permits; (d) maintaining security, preventing fraud and complying with law; (e) internal quality improvement in aggregated or de-identified form.
10.3 What we will not do without your separate, specific opt-in. We will not use your User Content, Work Product, image, voice or name for marketing, advertising, promotion, public display outside the Program, sale, sublicensing, or training of machine learning models. Any such use requires a separate, granular, freely given consent, obtained outside these Terms, which you may withdraw at any time with effect for the future.
10.4 Work Product and Host Organisations. You retain ownership of your Work Product. Where you consent, we make your Work Product available to the relevant Host Organisation or Institutional Partner under a licence limited to evaluating, assessing and providing feedback on it, and internal, non-commercial reference. Any commercial exploitation, publication or derivative use by a Host Organisation requires a separate written agreement directly with you. Where you are under 18, commercial use is prohibited outright and Guardian consent is required even for publication.
10.5 Revocation and deletion. You may delete User Content at any time. On deletion or account closure, the licence in Section 10.2 ends, save that: we may retain copies in secure backups for the period stated in our Privacy Notice; we may retain records necessary to evidence a credential you have earned or to comply with a legal obligation; and we are not required to recall copies already lawfully shared with a Host Organisation under Section 10.4.
10.6 Image, voice and likeness — special protection for minors. We do not use the image, voice or likeness of any Participant under 18 for any commercial, promotional or advertising purpose, under any circumstances, whether or not consent is offered. For Participants aged 18 and over, any such use requires a separate written release specifying the media, territory, purpose and duration, revocable on reasonable notice.
10.7 Moral rights. We do not ask you to waive your moral rights. Where the law of your country permits assertion of moral rights, those rights are unaffected by these Terms. We will attribute your Work Product to you where we display it with your consent, unless you ask us not to.
10.8 Your warranties. When you submit User Content you confirm that: you created it or have the rights to submit it; it does not infringe any third party's rights; it is not false or misleading; it does not contain another person's personal information without their permission; and it complies with Section 16.
10.9 Recordings. Where we record a session, we give notice before recording begins and, where practicable, an option to participate without appearing on camera. Recordings are stored under the safeguards in our Privacy Notice and are not published externally without separate consent.
11. ACCEPTABLE USE
11.1 You agree not to:
- use the Services for any unlawful purpose or in breach of any applicable law;
- harass, bully, threaten, intimidate, defame or discriminate against any person, including our staff, mentors and other Participants;
- post content that is obscene, hateful, violent, or that sexualises, endangers or exploits a minor;
- impersonate any person or misrepresent your affiliation, age, academic record or accomplishments;
- submit work that is plagiarised, purchased, or generated in breach of a Program's stated rules on assistive tools;
- access another user's account, or attempt to obtain another user's credentials or personal information;
- circumvent, disable or test the security features of the Services without our prior written authorisation (see 11.3);
- introduce malware or any code intended to disrupt the Services;
- use bots, scrapers, spiders or automated systems to access, extract or compile data from the Services, other than a standard search engine crawler operating in accordance with our robots.txt;
- use the Services to advertise, solicit or sell goods or services, or to recruit Participants to a competing platform;
- resell, sublicense or commercially exploit access to the Services;
- remove or obscure any proprietary notice;
- reverse engineer, decompile or disassemble any part of the Services, except as Section 9.3 permits;
- use the Services or Content to develop a competing product or to train a machine learning model;
- impose an unreasonable load on our infrastructure.
11.2 What you are free to do. For the avoidance of doubt, nothing in these Terms restricts your right to publish honest reviews of, criticism of, or commentary about Excelerate, its Programs, or your experience. We do not impose non-disparagement obligations on Participants.
11.3 Security research. We welcome good-faith security research. Report vulnerabilities to support@4excelerate.org. We will not pursue legal action against researchers who act in good faith, avoid privacy violations and service disruption, do not exfiltrate data beyond what is needed to demonstrate a finding, and give us reasonable time to remediate before disclosure.
12. CONTENT MODERATION, NOTICE AND ACTION, AND APPEALS
12.1 Reporting. Anyone may report content or conduct they believe breaches these Terms or the law by contacting support@4excelerate.org or using the in-product reporting tool. Reports may be submitted electronically and should identify the content, its location, and the reason for the report.
12.2 Our response. We will handle reports in a timely, diligent, non-arbitrary and objective manner, and will confirm receipt and notify the reporter of the outcome and their right to appeal. Reports concerning the safety of a minor are escalated immediately under Section 16.
12.3 Measures we may take. Where content or conduct breaches these Terms we may: remove or restrict content; limit visibility; suspend or terminate an account; suspend Awards or credentials in accordance with Sections 6.6 and 7.6; or report the matter to law enforcement.
12.4 Statement of reasons. Where we take a measure against you, we will give you a clear statement of reasons setting out: what we did and its scope and duration; the facts relied on; whether automated means were used; the contractual or legal ground; and how to appeal. We will do this at the time of the measure, unless doing so would prejudice a criminal investigation or the safety of a person.
12.5 Appeal. You may appeal any measure — including account termination, content removal, credential revocation and Award disqualification — for six months from the date you are notified, by writing to support@4excelerate.org. Appeals are reviewed by a person who was not involved in the original decision. We will decide within 14 days and give reasons. Decisions are not taken solely by automated means.
12.6 Further redress. If you are in the European Union, you may also refer a dispute about a moderation decision to a certified out-of-court dispute settlement body under Article 21 of Regulation (EU) 2022/2065 (the Digital Services Act), and you may complain to the Digital Services Coordinator in your Member State. This is in addition to, and does not limit, your rights under Section 25.
12.7 Misuse of reporting. We may suspend processing of reports from a person who repeatedly submits manifestly unfounded reports, after warning them.
12.8 No general monitoring. We do not generally monitor User Content and are not obliged to seek out unlawful activity. Where we do become aware of it, we act.
13. COPYRIGHT — NOTICE AND TAKEDOWN
13.1 Designated agent. Our designated agent for receiving notices of claimed copyright infringement under 17 U.S.C. §512 is:
Ananya Kumar, Excelerate / V-Empower Global Strategy Services L.L.C-FZ Meydan Grandstand, 6th Floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates Email: support@4excelerate.org — Telephone: [NUMBER] (Registration with the U.S. Copyright Office Directory of Designated Agents is required for safe harbour and must be completed and renewed every three years.)
13.2 Notice requirements. A valid notice must include: a physical or electronic signature; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and information sufficient to locate it; your contact details; a statement of good-faith belief that the use is unauthorised; and a statement, under penalty of perjury, that the information is accurate and you are authorised to act.
13.3 Counter-notification. If your material was removed, you may submit a counter-notification containing your signature, identification of the material and its former location, a statement under penalty of perjury that removal resulted from mistake or misidentification, your contact details, and consent to the jurisdiction of a court as specified in 17 U.S.C. §512(g)(3)(D). We may restore the material in 10–14 business days unless we receive notice of court proceedings.
13.4 Repeat infringers. We terminate, in appropriate circumstances, the accounts of Participants who are repeat infringers.
13.5 Misrepresentation. A person who knowingly materially misrepresents that material is infringing, or was removed by mistake, may be liable for damages under 17 U.S.C. §512(f).
14. FEES, PAYMENTS, REFUNDS AND CANCELLATION
These terms replace the separate Payment Policy previously published on our privacy page, and apply to all paid Programs.
14.1 Free and paid Programs. Many Programs are free. Where a Program carries a fee, the fee, currency and what it includes are disclosed before you pay.
14.2 Pricing and taxes. Prices are stated in USD unless otherwise shown. Applicable indirect taxes — including UAE VAT, EU VAT under the OSS scheme, UK VAT, and Indian GST on OIDAR services — are applied as required and shown at checkout. Currency conversion charges applied by your card issuer are your responsibility.
14.3 Payment processing. Payments are processed by a PCI DSS compliant third-party processor. We do not store full card numbers.
14.4 Statutory cancellation rights. If you are a consumer in the European Union, the United Kingdom, or another jurisdiction granting an equivalent right, you have 14 days from the day you enter the contract to withdraw from it without giving a reason and without penalty. Where you ask us to begin delivering the Program during the withdrawal period, we will ask you to acknowledge expressly that you will lose the right to withdraw once the Program has been fully performed; if you withdraw after delivery has begun but before full performance, you pay only a proportionate amount for what has been supplied. A model withdrawal form is at Schedule A, but you may use any clear statement. This Section prevails over Section 14.5 wherever it applies.
14.5 Our voluntary refund policy. In addition to any statutory right, we operate the following policy:
| Timing of request | Refund |
|---|---|
| Within 48 hours of confirmation, before access begins | 100% |
| 7 or more days before the Program start date | 50% |
| After the Program has started (materials accessed or first session attended) | 0% |
Third-party payment processing fees actually incurred and non-refundable to us may be deducted, and the exact deduction will be stated to you before the refund is processed. We will not apply a discretionary "convenience fee" to refunds. Approved refunds are processed within 10 business days to the original payment method.
14.6 Where we cancel. If Excelerate cancels or materially changes a Program, you receive a full refund, without deduction, regardless of timing. If technical issues attributable to us prevent you from starting a Program and we cannot resolve them, you receive a full refund.
14.7 Payment disputes. If a payment is charged back or reversed, we may suspend access to the paid Program pending resolution, and will work with you to resolve it. We will not suspend your account as a whole, and will not withhold or revoke credentials you have already earned, on account of a payment dispute.
14.8 Requesting a refund. Email support@4excelerate.org with REFUND in the subject line, your transaction reference and the reason for the request. We acknowledge within 3 business days and decide within 10 business days. We will tell you the exact amount of any deduction before processing.
14.9 Currency and exchange rates. Where a refund is converted back into a currency other than USD, your payment processor applies the exchange rate current at the time of the refund, which may differ from the rate at purchase, and may charge a conversion fee. These differences are outside our control and are not reimbursed by us.
14.10 Institutional invoicing. Institutional Partners and Host Organisations are invoiced under their separate agreement; this Section 14 does not apply to them.
15. PRIVACY AND DATA PROTECTION
15.1 Our Privacy Notice explains what personal information we collect, why, with whom we share it, how long we keep it and what rights you have. It forms part of these Terms.
15.2 Sharing with Institutional Partners and Host Organisations. We share your personal information and Work Product with an Institutional Partner or Host Organisation only where you (or your Guardian) have given specific consent for that sharing, or where another lawful basis clearly applies and has been disclosed to you. We identify the recipient organisation to you before the sharing occurs. We do not share your personal information with undisclosed partners. Any prior term to the contrary is withdrawn and of no effect.
15.3 Marketing and direct contact. You will receive direct marketing or contact from an Institutional Partner or Host Organisation only where you have separately opted in to receive it, and you may withdraw at any time. Telephone and SMS contact requires a separate, express opt-in and is not bundled with acceptance of these Terms. This is intended to meet the requirements of, among others, the U.S. Telephone Consumer Protection Act, Canada's Anti-Spam Legislation, the UK Privacy and Electronic Communications Regulations, and India's TRAI commercial communications regime.
15.4 Data location and transfers. Personal information is hosted on Amazon Web Services infrastructure in the Asia Pacific (Mumbai) region. Where personal information is transferred across borders, we rely on an appropriate safeguard — the European Commission's Standard Contractual Clauses, the UK International Data Transfer Addendum, or another lawful mechanism. Details, including any regional storage arrangements that differ from the above, are in the Privacy Notice, which governs in the event of any inconsistency with this Section.
15.5 Institutional data processing. Where we process personal information on behalf of an Institutional Partner or school, we act as a processor and the Data Processing Agreement at Schedule C applies. Where we and an Institutional Partner determine purposes jointly, a joint controller arrangement under Article 26 GDPR will be executed and its essence made available to you.
15.6 Automated decision-making. We do not make decisions producing legal or similarly significant effects about you by solely automated means. Where we use automated tools to assist moderation, a human reviews any adverse decision on appeal.
15.7 Security incidents. Where a personal data breach affects you, we notify supervisory authorities and affected individuals as and when required by applicable law, including within 72 hours to the lead supervisory authority where the GDPR applies.
16. SAFEGUARDING AND VIRTUAL SESSIONS
16A. Safeguarding
16.1 Our commitment. We are committed to the safety of every Participant, and particularly Participants under 18. Safeguarding sits with our Designated Safeguarding Lead, Ananya Kumar (ananya@4excelerate.org).
16.2 Conduct expected of everyone. All Participants, mentors, Host Organisation personnel and Excelerate staff must treat each other with respect. Bullying, harassment, discrimination, sexual language or imagery, and any conduct that would place a young person at risk are prohibited and will result in removal.
16.3 Rules for adults interacting with under-18 Participants. Mentors, Host Organisation personnel and Excelerate staff must not:
- contact a Participant under 18 outside the Excelerate platform or another approved, supervised channel;
- request or accept a young person's personal contact details, social media handles or home address;
- arrange one-to-one unsupervised sessions, whether online or in person;
- offer gifts, payments or preferential treatment;
- take, request or share images of a young person other than through the Services.
16.4 Raising a concern. Report any safeguarding concern immediately to ananya@4excelerate.org, ideally with SAFEGUARDING in the subject line. Concerns are reviewed the same working day. Where a Participant may be at risk of harm, we will escalate to the relevant authority without delay and without needing the consent of the person concerned.
16.5 No retaliation. We will not penalise anyone who raises a safeguarding concern in good faith, even if the concern turns out to be mistaken.
16B. Virtual Session Standards
These standards govern all live sessions delivered through the Services.
16.6 Platforms. Sessions are held on established platforms — Zoom, Google Meet or Microsoft Teams — which meet industry security standards.
16.7 Access controls. Every session uses a unique meeting ID and a passcode distributed only to registered participants. Waiting rooms are enabled by default, and the host admits participants individually. Personal Meeting IDs are not used. Hosts may lock a session once it has begun.
16.8 In-session controls. Screen sharing defaults to host-only. Participants are muted on entry. Hosts may mute, disable video, restrict chat, or remove any participant whose conduct breaches Section 16.2. File transfer may be disabled.
16.9 Recording. We may record sessions for training, documentation, credential verification and compliance. Notice is always given before recording begins. Only the host may start a recording. Where practicable, you may take part without appearing on camera.
16.10 Access to recordings. Recordings are access-controlled and available only to authorised personnel. They are not shared publicly, published, or used in marketing without separate written consent, and never in respect of a Participant under 18. Transcripts, where produced, are held under the same controls.
16.11 Retention. Recordings and transcripts are retained in accordance with the retention schedule in our Privacy Notice and then securely deleted.
16.12 Confidentiality. Participants must not record, screenshot, republish or circulate any part of a session, or share confidential information disclosed in it, without permission from the host and from anyone identifiable in it.
17. ACCESSIBILITY
17.1 We are working toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA across the Services, and maintain an Accessibility Conformance Report (VPAT) available to Institutional Partners on request at support@4excelerate.org.
17.2 These commitments are made with reference to the Americans with Disabilities Act, Sections 504 and 508 of the Rehabilitation Act, the U.S. Department of Justice rule on web accessibility for public entities, Directive (EU) 2019/882 (the European Accessibility Act), and the UK Equality Act 2010.
17.3 Accommodations. If you need an accommodation to participate in a Program, contact support@4excelerate.org. We will work with you and, where relevant, your institution to provide a reasonable adjustment.
18. THIRD-PARTY SERVICES AND LINKS
18.1 The Services may link to or integrate third-party websites, content and services. We do not control them, do not endorse them by linking, and are not responsible for their content, accuracy or privacy practices. Your use of them is governed by their terms.
18.2 Linked accounts. If you connect a third-party account (for example for single sign-on), you authorise us to access the information that connection makes available, as described in the Privacy Notice. You may disconnect at any time. We do not access your contact list or address book.
18.3 Mobile applications. Where you obtain our application from the Apple App Store or Google Play, that distributor's usage rules apply in addition to these Terms; the distributor is a third-party beneficiary of this Section and is not responsible for maintenance, support or warranty claims relating to the application, which remain our responsibility. You may not use the application on a device you do not control, or make it available to multiple simultaneous users.
19. SANCTIONS, EXPORT CONTROL AND RESTRICTED JURISDICTIONS
19.1 You represent that you are not: located in, ordinarily resident in, or organised under the laws of a country or territory subject to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control, the United Nations, the European Union, the United Kingdom or the United Arab Emirates; or listed on any applicable restricted-party list.
19.2 You will not use the Services in violation of export control laws, including the U.S. Export Administration Regulations and the International Traffic in Arms Regulations. Where a Host Organisation makes controlled technical data available in the course of a Program, it is responsible for obtaining any licence required, including for deemed exports to Participants who are foreign persons.
19.3 We may suspend or terminate access where we reasonably believe continued provision would breach sanctions or export control law.
20. DISCLAIMERS
20.1 To the fullest extent permitted by law, the Services are provided "as is" and "as available", and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and accuracy or completeness of Content.
20.2 We do not warrant that the Services will be uninterrupted, error-free or secure, or that defects will be corrected.
20.3 We are not responsible for the acts or omissions of Institutional Partners, Host Organisations, Sponsors, mentors or other Participants, or for content they provide.
20.4 Nothing in this Section limits or excludes any warranty, guarantee or right that cannot lawfully be limited or excluded — including your statutory rights as a consumer under the laws of the European Union, the United Kingdom, Australia, India and certain U.S. states. See Section 26.
21. LIABILITY
21.1 What we do not exclude. Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; breach of statutory consumer guarantees that cannot be excluded; or any other liability that cannot lawfully be limited. This Section 21.1 prevails over the rest of this Section.
21.2 Excluded losses. Subject to 21.1, we are not liable for indirect, consequential, special, exemplary or punitive damages, or for loss of profit, revenue, goodwill, opportunity or anticipated savings, whether or not foreseeable.
21.3 Cap. Subject to 21.1, our total aggregate liability arising out of or in connection with these Terms and your use of the Services is limited to the greater of:
(a) the total amount you paid us in the 12 months preceding the event giving rise to the claim; or (b) USD 5,000.
(This is raised from the previous USD 1,000 / three-month cap, which was disproportionately low relative to the value at stake for Participants and would have been vulnerable to challenge as unfair.)
21.4 Institutional Partners and Host Organisations. Liability as between us and an Institutional Partner or Host Organisation is governed by their separate written agreement and not by this Section.
21.5 Consumer position. If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failure to use reasonable care and skill, but not for loss that is unforeseeable.
22. INDEMNITY
22.1 If you use the Services in a business, institutional or professional capacity, you agree to indemnify and hold harmless Excelerate and its officers, employees and agents against any third-party claim, and reasonable legal costs, arising from your breach of these Terms, your User Content, your violation of law, or your infringement of a third party's rights.
22.2 This Section does not apply to Participants using the Services as consumers, and does not apply to any Participant under the age of 18 or to their Guardian. Consumer Participants remain responsible for their own conduct under general law, but are not asked to assume the cost of our defence.
22.3 We will notify you promptly of any claim subject to this Section, allow you to participate in the defence, and not settle without your consent, not to be unreasonably withheld.
23. TERM, SUSPENSION AND TERMINATION
23.1 Your right to leave. You may close your account at any time, for any reason, through your account settings or by contacting us. Where you have paid for a Program, closure does not by itself entitle you to a refund beyond Section 14.
23.2 Our right to suspend or terminate. We may suspend or terminate your access where: you materially breach these Terms; your continued access presents a risk to the safety of another person; we are required to do so by law or sanctions; or we discontinue the Services.
23.3 Process. Except where a delay would create a risk of harm to a person, a legal breach, or the destruction of evidence, we will: give you notice describing the breach; give you a reasonable opportunity to remedy it where it is capable of remedy; and give you the statement of reasons and appeal right in Section 12.
23.4 Discontinuation of the Services. If we discontinue the Services or a Program, we will give at least 60 days' notice, refund the unused portion of any fee paid, and provide an export window under 23.5.
23.5 Your data and credentials on exit. For 90 days after termination, however it occurs, you may request an export of your personal information and a verifiable record of every credential you have earned, in a structured, commonly used, machine-readable format. Credentials already issued remain valid and verifiable after termination, subject only to Section 7.6.
23.6 Survival. Sections 1, 8.3, 9, 10.1, 10.5, 10.7, 13, 15, 19, 20, 21, 22, 23.5, 25 and 27 survive termination.
24. CHANGES TO THESE TERMS
24.1 We may update these Terms. Where a change is material — including any change to fees, to how we use your data, to the licence you grant us, to liability, or to dispute resolution — we will give you at least 30 days' notice by email and in-product before it takes effect, and will publish a summary of what changed.
24.2 Your options. If you do not agree to a material change, you may close your account before the effective date at no cost, and receive a pro-rata refund of any fee paid for a Program you have not yet started. Continued use after the effective date constitutes acceptance.
24.3 You do not waive the right to notice of changes. Non-material changes (typographical corrections, clarifications, contact details) take effect on posting.
24.4 Existing Programs. A change to these Terms does not alter the terms of a Program you have already paid for and started, or the conditions attaching to an Award you have already earned.
25. GOVERNING LAW AND DISPUTE RESOLUTION
25.1 Governing law. These Terms are governed by the laws of the United Arab Emirates, without prejudice to Section 25.2.
25.2 Consumer protection preserved. If you are a consumer habitually resident in the European Economic Area, the United Kingdom, India, Australia, Canada or a U.S. state, nothing in Section 25.1 deprives you of the protection of the mandatory consumer protection laws of your country or state of residence, and you retain the right to bring proceedings in the courts of your place of residence. Where the law of your residence gives you a better position than these Terms, that law prevails.
25.3 Talk to us first. Before commencing formal proceedings, please contact support@4excelerate.org with a description of the dispute and the outcome you seek. We will respond within 30 days and try in good faith to resolve it. This step is encouraged but is not a condition precedent to your legal rights.
25.4 Small claims carve-out. Either of us may bring an individual claim in a small claims court or equivalent forum with jurisdiction, and this Section 25 does not prevent it.
25.5 Arbitration. Where 25.2 does not apply and the dispute is not resolved under 25.3, any dispute arising out of or in connection with these Terms, including any question as to its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the [SELECT: Dubai International Arbitration Centre (DIAC) under the DIAC Arbitration Rules 2022 / another named institution].
- The seat of arbitration is Dubai, United Arab Emirates.
- The language is English.
- The tribunal shall consist of one arbitrator where the amount in dispute is below USD 250,000, and three arbitrators above that threshold.
- Where the amount in dispute is below USD 25,000, the arbitration shall proceed on documents only unless the arbitrator directs otherwise, and Excelerate will bear the administrative and arbitrator fees, save where the claim is found to be frivolous. This is intended to ensure the forum is economically accessible to individual Participants.
- Proceedings may be conducted remotely.
25.6 Class action. To the extent permitted by law, disputes will be arbitrated on an individual basis and not as a class or representative action. Where this restriction is unenforceable under the law applicable to you, it does not apply to you, and the dispute proceeds in a court of competent jurisdiction. This Section 25.6 is severable in its entirety.
25.7 Exceptions. The following are not subject to arbitration and may be brought in any court of competent jurisdiction: claims to enforce or protect intellectual property rights; claims alleging theft, piracy, invasion of privacy or unauthorised use; and applications for injunctive or interim relief.
25.8 Online dispute resolution. If you are a consumer in the European Union, you may also use the consumer ADR and online dispute resolution mechanisms available in your Member State.
26. REGION-SPECIFIC TERMS
These terms apply in addition to, and where inconsistent prevail over, the rest of these Terms.
26.1 European Economic Area and United Kingdom
- Your statutory rights under the Consumer Rights Directive, Directive (EU) 2019/770 on digital content and digital services, and (in the UK) the Consumer Rights Act 2015 are not affected. Digital content and services must be of satisfactory quality, fit for purpose and as described, and you have remedies if they are not.
- You retain the 14-day right of withdrawal described in Section 14.4.
- You may bring proceedings in the courts of your Member State or the UK, and we will bring proceedings against you only there.
- Any term found unfair under the Unfair Terms in Consumer Contracts Directive or Part 2 of the Consumer Rights Act 2015 is not binding on you.
- Our obligations under the Digital Services Act, described in Section 12, apply to you.
- Where the GDPR or UK GDPR applies, you hold the rights set out in our Privacy Notice, including the right to complain to your supervisory authority (in the UK, the Information Commissioner's Office).
26.2 United States
- Consumer reviews. Consistent with the Consumer Review Fairness Act of 2016 and California Civil Code §1670.8, nothing in these Terms restricts your ability to publish honest reviews or commentary about Excelerate.
- California residents hold the rights described in the California-specific section of our Privacy Notice under the CCPA/CPRA, including the rights to know, delete, correct, opt out of sale or sharing, limit use of sensitive personal information, and non-discrimination. We do not sell or share personal information for cross-context behavioural advertising.
- Students at U.S. institutions. Where an Institutional Partner designates Excelerate as a school official with a legitimate educational interest under FERPA, we act under the direct control of the institution with respect to education records, use them only for the authorised purpose, and do not redisclose them without authorisation.
- K-12 students. The Education Rider at Schedule B applies, including our commitments under SOPIPA, NY Education Law §2-d and SOPPA.
- Financial aid. See Section 5.5 and Section 6. No representation is made as to admission or aid outcomes.
- New Jersey residents: the provisions of Sections 20, 21 and 22 apply only to the extent enforceable under New Jersey law.
26.3 India
- Personal information is processed in accordance with the Digital Personal Data Protection Act, 2023. Participants under 18 are treated as children; verifiable Guardian consent is obtained before processing; and we do not undertake tracking, behavioural monitoring or targeted advertising directed at children.
- You may nominate another individual to exercise your rights in the event of death or incapacity, and may raise a grievance with our Grievance Officer, Ananya Kumar, at ananya@4excelerate.org, who will respond within the period prescribed by law.
- Your rights under the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 are not affected, including your right to approach a Consumer Commission.
- Commercial communications are sent in accordance with the TRAI Telecom Commercial Communications Customer Preference Regulations.
26.4 Australia
- Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in Sections 20 or 21 excludes, restricts or modifies those guarantees.
- Excelerate does not provide immigration assistance within the meaning of the Migration Act 1958 and is not a registered migration agent.
26.5 Canada
- Commercial electronic messages are sent only with consent complying with Canada's Anti-Spam Legislation, and include sender identification and an unsubscribe mechanism.
- Residents of Quebec: these Terms are, at your election, available in French, and your rights under the Consumer Protection Act (Quebec) and Law 25 are not affected.
26.6 United Arab Emirates
- Consumer rights under Federal Law No. 15 of 2020 on Consumer Protection are not affected. Personal data is processed in accordance with Federal Decree-Law No. 45 of 2021.
27. GENERAL
27.1 Entire agreement. These Terms and the documents in Section 2.1 constitute the entire agreement between us regarding the Services, and supersede prior versions, including the Terms of Use dated 17 January 2024.
27.2 Severability. If any provision is held unlawful or unenforceable, it is severed and the remainder continues in effect. Where possible, an unenforceable provision is read down rather than removed.
27.3 No waiver. Our failure to enforce a provision is not a waiver of it.
27.4 Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you, provided the assignee assumes our obligations. Where the assignment materially affects your rights, you may close your account under Section 24.2.
27.5 Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control, provided it notifies the other and mitigates.
27.6 Electronic communications and signatures. You consent to receive communications from us electronically, and agree that electronic records and signatures satisfy any requirement that a communication be in writing. This does not waive any right you have to receive a document in a durable medium or in paper form where the law of your country requires it.
27.7 Language. These Terms are prepared in English. Where we provide a translation, the English version prevails, except where the law of your country requires otherwise (including Quebec and certain EU Member States).
27.8 No third-party rights, except as expressly stated for app distributors (Section 18.3), Host Organisations (Section 8.3) and Institutional Partners.
27.9 Interpretation. These Terms are not construed against either party by reason of authorship. Headings are for convenience only.
28. CONTACT
Excelerate — V-Empower Global Strategy Services L.L.C-FZ Meydan Grandstand, 6th Floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates Meydan Free Zone — Formation no. 2200537 | Commercial licence no. 2200537.01
All enquiries: support@4excelerate.org
We operate a single contact address. To help us route your message and meet the response times set out in these Terms, please begin your subject line with one of the following:
| Subject line prefix | Use it for |
|---|---|
SAFEGUARDING |
Any concern about the safety or welfare of a Participant. Reviewed the same working day. |
PRIVACY |
Access, correction, deletion, consent withdrawal, or any data protection right. |
CALIFORNIA RIGHTS REQUEST |
Rights under the CCPA/CPRA. |
REPORT |
Reporting content or conduct that breaches these Terms. |
APPEAL |
Appealing a content removal, suspension, credential revocation or Award disqualification. |
COPYRIGHT |
Notices and counter-notices under Section 13. |
SECURITY |
Vulnerability disclosure under Section 11.3. |
ACCESSIBILITY |
Accommodation requests and VPAT requests. |
DISPUTE |
Formal notice of dispute under Section 25.3. |
REFUND |
Refund and cancellation requests under Section 14. |
Messages without a prefix are handled as general support. Using a prefix is helpful but never a condition of exercising a right — we act on any message that raises one, however it is worded.
Statutory contacts.
- Grievance Officer (India, Digital Personal Data Protection Act, 2023): Ananya Kumar — ananya@4excelerate.org
- Designated Safeguarding Lead: Ananya Kumar — ananya@4excelerate.org
SCHEDULE A — MODEL WITHDRAWAL FORM
Complete and return this form only if you wish to withdraw from a paid Program under Section 14.4. You may also use any other clear statement — this form is offered for convenience, not required.
To: Excelerate — V-Empower Global Strategy Services L.L.C-FZ, Meydan Grandstand, 6th Floor, Meydan Road, Nad Al Sheba, Dubai, United Arab Emirates — support@4excelerate.org
I hereby give notice that I withdraw from my contract for the following Program:
Program name: ___ Ordered on / received on: ___ Name: ___ Address: ___ Email used to register: ___ Date: ___ Signature (only if sent on paper): ____
SCHEDULE B — EDUCATION RIDER (SCHOOLS AND DISTRICTS)
This Schedule applies where a school, district, school group or other educational institution ("School") enrols Participants under 18. It prevails over the body of these Terms in respect of those Participants.
B.1 Roles. The School is the controller of student personal information and determines the purposes of processing. Excelerate acts solely as the School's processor and service provider, on the School's documented instructions.
B.2 FERPA. Where the School designates Excelerate as a school official with a legitimate educational interest under 20 U.S.C. §1232g and 34 C.F.R. §99.31(a)(1), Excelerate: performs a function the School would otherwise perform itself; acts under the School's direct control with respect to education records; uses education records only for the authorised purpose; and does not redisclose them except as the School directs or the law requires.
B.3 State student privacy statutes. In respect of students, Excelerate will not:
- engage in targeted advertising to students, parents or guardians;
- use student data to create a profile except in furtherance of an educational purpose;
- sell, rent or trade student data;
- disclose student data except as permitted by this Schedule or required by law.
Excelerate will delete or return student data at the School's direction and on termination. These commitments are given with reference to California SOPIPA (Bus. & Prof. Code §22584), New York Education Law §2-d and its implementing regulation 8 NYCRR Part 121, Illinois SOPPA (105 ILCS 85), and equivalent statutes in other states.
B.4 Parents' Bill of Rights (New York). Where required by New York Education Law §2-d, Excelerate confirms: student data will not be sold or released for commercial purposes; parents have the right to inspect and review their child's data held by Excelerate through the School; data is stored and transmitted using encryption in transit and at rest; and parents may complain to the School or to the New York State Education Department Chief Privacy Officer.
B.5 Data breach. Excelerate will notify the School without unreasonable delay, and in any event within the period the School's applicable state law requires it to act, so that the School can meet its own notification obligations.
B.6 Subcontractors. Excelerate will not engage a subprocessor for student data without the School's prior written consent or a general authorisation with notice, and will impose equivalent obligations on any subprocessor.
B.7 India. For Participants under 18 in India, Excelerate obtains verifiable parental consent, does not undertake tracking or behavioural monitoring, and does not direct advertising at children, in accordance with the Digital Personal Data Protection Act, 2023.
B.8 Audit. Excelerate will make available information reasonably necessary to demonstrate compliance with this Schedule and will cooperate with the School's reasonable audit requests, no more than once a year absent a security incident.
SCHEDULE C — DATA PROCESSING AGREEMENT (INSTITUTIONAL PARTNERS)
Executed as a standalone agreement with each Institutional Partner. Summary of contents, provided here so Participants can see what governs institutional processing:
- subject matter, duration, nature and purpose of processing; categories of data and data subjects
- processing only on documented instructions, including for international transfers
- confidentiality undertakings from authorised personnel
- security measures under Article 32 GDPR
- subprocessor terms, with the list at Section 8.3 of the Privacy Notice
- assistance with data subject rights, DPIAs and prior consultation
- deletion or return of data at the end of the relationship
- audit and information rights
- EU Standard Contractual Clauses (Decision (EU) 2021/914) and the UK International Data Transfer Addendum, covering transfer of personal information to India, together with a Transfer Impact Assessment
A copy is available to any Institutional Partner from support@4excelerate.org.
Prepared as a working draft for review by qualified counsel in the UAE, the European Union, the United Kingdom, the United States and India. This document is not legal advice and should not be published without legal review.
