Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the SBD Lab, LLC (“SBD Lab,” “we,” “us,” “our”) websites, apps, and related services (collectively, the “Service”), including topikpractice.com. By using the Service, you agree to these Terms.

1) Eligibility

• You must be at least 16 years old to use the Service.
• By using the Service, you represent and warrant that you meet this requirement.

2) Accounts and Authentication

• You may need an account to use certain features.
• You may sign up and log in using email/password and/or Google login.
• You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

3) The Service

• The Service provides TOPIK mock-testing and related learning functionality.
• We may add, remove, or change features at any time.

4) Acceptable Use

You agree not to:

• Break the law or infringe others’ rights.
• Attempt to bypass security, scrape the Service, reverse engineer non-public portions, or interfere with the Service’s operation.
• Upload malware or attempt unauthorized access to accounts, systems, or networks.
• Abuse or harass others or submit harmful, unlawful, or deceptive content.

5) User Content

• “User Content” means content you submit (e.g., feedback, inputs, answers, exam attempts).
• You retain ownership of your User Content.
• You grant SBD Lab a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display your User Content only as needed to operate, maintain, secure, and improve the Service, and to enforce these Terms.
• You are responsible for your User Content and represent you have the rights to submit it.

6) Payments, Refunds, and Taxes

• Some features may require one-time payment(s). Payments are processed by Stripe.
• Refunds: Refunds are provided only upon request by email, subject to our review. Contact: support@topikpractice.com.
• Taxes may apply depending on your location; you are responsible for any applicable taxes unless required otherwise by law.

7) Third-Party Services

The Service relies on third parties such as Supabase (authentication/database), Stripe (payments), Resend (email delivery), Sentry (error monitoring), Google Analytics (analytics), and Railway (hosting/infrastructure). Your use of third-party services may be subject to their terms and policies.

8) Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the Service, you acknowledge the Privacy Policy.

9) Disclaimers

• THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, SBD LAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• We do not guarantee that the Service will be uninterrupted, secure, error-free, or that content will be accurate or suitable for your exam outcomes.

10) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• SBD LAB WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL.
• SBD LAB’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO SBD LAB FOR THE SERVICE IN THE 12 MONTHSBEFORE THE EVENT GIVING RISE TO THE CLAIM (OR USD $100 IF YOU HAVE NOT PAID ANY AMOUNTS), WHICHEVER IS GREATER.

11) Mandatory Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

A) Agreement to arbitrate

You and SBD Lab agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except as noted below.

B) Exceptions

Either party may bring:

• Individual claims in small claims court, if the claim qualifies and remains in small claims court; and
• Claims for injunctive or equitable relief to stop unauthorized use or abuse of the Service, or infringement/misappropriation of intellectual property rights.

C) No class actions

You and SBD Lab agree that Disputes will be brought only on an individual basis. YOU AND SBD LAB WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

D) Arbitration rules and process

• The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or other applicable AAA rules).
• The arbitration will be conducted in English.
• The arbitrator may award the same damages and relief that a court could award on an individual basis, and must follow these Terms.

E) Location and format

• The arbitration will take place in Honolulu, Hawaii, unless you and SBD Lab agree to conduct it by videoconference, phone, or based on written submissions.

F) Fees

Payment of arbitration fees will be governed by the AAA rules and applicable law.

G) Opt-out

You may opt out of arbitration by sending an email to support@topikpractice.com within 30 days of first accepting these Terms. Your email must include your name, the email address associated with your account, and a clear statement that you want to opt out of mandatory arbitration.

12) Termination

• You may stop using the Service at any time.
• We may suspend or terminate access if you violate these Terms or if we reasonably believe it is necessary to protect the Service, users, or third parties.
• Sections that by their nature should survive termination will survive (e.g., disclaimers, limitation of liability, arbitration).

13) Changes to These Terms

We may update these Terms from time to time by updating the “Effective” date above. Continued use of the Service after changes means you accept the updated Terms.

14) Governing Law

These Terms are governed by the laws of the State of Hawaii, excluding conflict-of-law rules. This governing law provision applies except where preempted by applicable federal law regarding arbitration.

15) Contact

SBD Lab, LLC
Email: support@topikpractice.com