TERMS OF SERVICE

Last updated: May 29th, 2025

FIRSTDRAFT, LLC (“First Draft”, “we”, “us”, and “our”) offers this website (“Website”) and learning platform (“Platform”) to make available certain information, tools, curriculum, and content that we elect to make available (collectively, “Services”). Your use of and access to the Website, Platform, and Services is conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms of Service (“Terms”).

By accessing our Website or Platform, registering an account with us, or interacting with the Services, you are entering into an electronic contract with us and agree to be bound by these Terms.

As a result, please read these Terms carefully before accessing or using our Website or Platform, registering an account with us, or using our Services. If you do not agree to all of these Terms, then you may not access the Website, Platform, or Services in any capacity.

THIS AGREEMENT CONTAINS A WAIVER OF CLASS ACTIONS AND MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

SECTION 1 - GENERAL CONDITIONS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We reserve the right to modify these Terms at any time. The date these Terms were last revised is identified at the top of the page. All changes are effective immediately upon posting and, by accessing or using the Website, Platform, or Service after changes are posted, you agree to those changes. However, notice of material changes will be conspicuously posted on the Website or Platform or otherwise communicated to you.

SECTION 2 – PRIVACY

Use of the Website, Platform, or Services will require us to collect, use, and disclose certain information from you that is or may be personally identifiable information. Our Privacy Policy explains our collection, use, and disclosure of any personally identifiable information.

However, if you access the Website, Platform, or Services in the context of a school, university, college, or other educational institution in which you are enrolled, your personally identifiable information may be subject to the Family Educational Rights and Privacy Act (FERPA) and our contractual relationship with your applicable institution instead of our Privacy Policy.

SECTION 3 - CONTENT AND OPERATION OF THE SERVICES

A. Purpose of the Content and Services

The Website and Platform allows users to sign up to access certain Services we provide consisting of educational content and curriculum in the space of software development, application development, and website development (“Content”).

The Website, Platform, Services, and Content are not credentialed by any educational institution for a degree or certificate, but may be used for your educational institution as curriculum towards the degree or certificate programs instituted by your educational institution. If you are accessing the Platform as curriculum for your educational institution, coursework and data, including personally identifiable data, may be shared with your education institution and made a part of your student record.

As provided by First Draft, direct to you as our customer, the Website, Platform, Services, and Content are intended for users as a stand alone career development resource.

If you use our Website, Platform, Services or Content, whether in the context of a third party educational offering or not, we hope you enjoy the experience and learn something. HOWEVER, WE DO NOT, AND CANNOT GUARANTEE THAT PURCHASING OR USING OUR WEBSITE, PLATFORM, SERVICES, OR CONTENT WILL RESULT IN ANY RAISE, PROMOTION, OR JOB OFFER, OR WILL PREVENT ANY SEPARATION FROM YOUR CURRENT SITUATION, NOR DO WE ENSURE YOU WILL PASS ANY COURSE OR OBTAIN ANY DEGREE OR CERTIFICATION FROM ANY EDUCATIONAL INSTITUTION. REGISTRATION AND PARTICIPATION IN THE PLATFORM AND SERVICES IS FOR PERSONAL EDUCATIONAL PURPOSES ONLY AND WILL NOT RESULT IN ANY ACADEMIC CREDIT OR CERTIFICATION GRANTED BY FIRSTDRAFT, LLC.

Completion of all curriculum and training components is up to you and what you want to obtain out of the Services. We may, but have no obligation to, monitor or view assignment access, status, and progress.

B. Changes to the Content and Services

The nature of the Content and Services on the Platform may change from time to time. We may add or remove content, features, and tools as we deem appropriate to help convey the curriculum. Any new content, features, or tools that may be added to the Services simply become part of the Content and Services and subject to the then-current Terms.

We believe in the content and other Services on our Platform and strive to deliver you value. However, errors can happen in any training setting, particularly in an online technology setting. In addition, technology and best practices in this space are constantly changing. We strive to keep the Content up-to-date, but we are not responsible if information made available via the Platform or Services is not accurate, complete or current. The Content available on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

We may also elect to include certain historical information within the Platform and Services. Historical information, necessarily, is not current and is provided for your reference only.

Any reliance on the Content made available via the Platform and Service is at your own risk.

C. Nature of the Sessions

Depending on the nature of your account and subscription with us, the Services may feature either (1) asynchronous components or (2) both synchronous and asynchronous components. The synchronous components of the Services are provided via a third party conferencing service, such as Zoom or a similar conferencing service. Your use of any Zoom feature available on the Platform is expressly subject to the Zoom terms applicable to that feature, which are available here: https://zoom.us/terms. You are responsible for complying with all terms, conditions, and applicable policies of any such third party conferencing services and platforms.

All synchronous sessions may be recorded and all recordings used to further develop and enhance the Content. If your subscription with us includes synchronous components, you may be required to complete a separate Publicity Release and Consent to Recording. There may also be a separate notice of recording with the telecommunications platform used for synchronous components.

You must always conduct yourself professionally in synchronous sessions and in all communications and interactions with First Draft and fellow learners. Harassment, bullying, and abusive behavior will not be tolerated and may impact your ability to participate in synchronous sessions and/or termination of your account.

In addition, we reserve the right to mute your device and/or deactivate any chat functions during synchronous sessions in order to maintain the type of learning environment we deem appropriate for the Content and Services. We also reserve the right to prohibit a user’s attendance to synchronous sessions if a user is continually disruptive to the session.

D. Use of Artificial Intelligence and our ChatBot

The Services may include access to our artificial intelligence (AI) chatbot tool that utilizes AI to generate responses. The chat feature is only intended for general use, such as to provide general information and to answer general questions. As with all AI, it may return results and responses that are inaccurate. If you elect to use the chat feature, you are responsible for exercising good judgement in reviewing and using the responses.

Our chatbot is configured with API calls to external AI models to help ensure that your submissions are not used to train the third party AI models. However, our chatbot is continually trained on your submissions to it and we may use your submissions to enhance our chatbot, our Content, and our Services without notice or attribution to you.

Our chatbot currently leverages OpenAI. You may not use our AI features in a way that violates the OpenAI Usage Policies, available at https://openai.com/policies/usage-policies. By using our chatbot features, you agree to comply with these policies.

E. Coursework

We may use coursework submitted to further develop the Content and Services, including using coursework as examples and specific training points, without any prior notice to you. If we use any of your coursework submissions in this manner, we will not tie those submissions to your name or provide you any attribution or compensation. YOU EXPRESSLY CONSENT TO THE PUBLICATION, DISSEMINATION, DISPLAY, DISTRIBUTION, MODIFICATION AND OTHER USE OF YOUR COURSEWORK FOR PURPOSES OF DEVELOPING OUR CONTENT AND SERVICES AND PROVIDING THE SAME TO OTHER USERS IN OUR DISCRETION.

SECTION 4 – REQUIRED TOOLS

Use of the Content and Services requires each user to have their own personal GitHub account. All coursework is completed through submissions from GitHub to First Draft. In addition, some projects also need to be created in GitHub Codespaces. We do not and will not have access directly to your GitHub account. Of course, if you do post your work and assignments to your publicly available GitHub account, we will have access to anything that you publicly post within GitHub. You agree that your use of GitHub will comply with any applicable GitHub Terms of Service and other similar GitHub requirements. We have no responsibility or liability for the features or performance of GitHub or any of its products or services, all of which is the responsibility of GitHub. You should always save your own backup of your coursework as we are not responsible for any failure of GitHub to properly transmit your coursework to us.

In addition, you must ensure that you have access to the hardware, software, and network capabilities necessary to access the internet and such third party conferencing service (i.e. a computer, browser, and sufficient bandwidth on a telecommunications provider).

SECTION 5 – ACCOUNT REGISTRATION

You must have an existing GitHub account to register for full access to the Content. If you do not have a GitHub account, you will need to register with GitHub to acquire an account. First Draft does not control or endorse any GitHub terms, products, services, or privacy practices. We strongly recommend that you read all GitHub terms, conditions, and privacy policies prior to opening an account with them.

To open an account with First Draft, you will be required to log into your GitHub account through a First Draft single sign on interface. This interface requires the collection and transfer of certain information between First Draft and GitHub as further set forth in our Privacy Policy.

Upon authentication of your GitHub account from GitHub, and payment of any required First Draft fee, your First Draft account will be set up with access to Content applicable to your subscription with us.

We reserve the right to refuse access to our Platform and Service to anyone for any reason at any time.

The Content, Platform, and Services are generally only offered and available to users who are 18 years of age or older. When you establish an account with us, you warrant that you are above the age of 18 and able to sign these Terms. If you are under 18 years of age, you can contact us at the contact information below to consider your request.

You are responsible for maintaining the confidentiality of any information you use in connection with the Platform and Services, including your GitHub credentials. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately at support@firstdraft.com. ACCOUNTS ARE NON-TRANSFERABLE AND SHARING LOGIN CREDENTIALS IS STRICTLY PROHIBITED.

You are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct and the use of your account.

You warrant that all information you provide to us in connection with your access to and use of the Platform and Services is true, accurate, and complete to the best of your knowledge and belief. All coursework must be yours and yours alone.

We reserve the right to impose limits on Website, Platform, and Services features or otherwise restrict access to all or parts of the Website, Platform, or Services at any time for any reason. We may, for any reason, at any time, and in our sole discretion, suspend, deactivate, or terminate your account or your use of the Website, Platform, or Service or access to Content, in whole or in part without notice or liability for any reason, including if you breach these Terms.

If we suspend, deactivate, or terminate your account, you may not create another account without our prior written permission. You may terminate your account at any time by contacting us as set forth below.

SECTION 6 – PAYMENT

If you wish to purchase access to the Platform and Services to access Content, you will be asked to supply certain information for us to provide and facilitate your payment. Information about our collection and use of payment-related information is described in our Privacy Policy. All payments are processed by our third party payment processor.

If the payment information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your payment method is declined by your financial institution. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with your account. All fees are nonrefundable.

Fees for access to the Content and Services may change at any time without notice to you. Fees remain valid while they are listed and offered on the Website or Platform. Fees are due and payable in advance of accessing the Content.

SECTION 7 - INTELLECTUAL PROPERTY

Provided you comply with these Terms, and subject to your registration of an account and submission of any associated payments, we grant you a limited, nonexclusive, revocable, non-assignable, non-transferable, non-sublicensable license to access and view the Content in the Platform and interact with the other Services solely for your own personal noncommercial purposes. YOU MAY NOT SHARE AN ACCOUNT, CONTENT OR SERVICES, PROVIDE A THIRD PARTY ACCESS TO THE PLATFORM, SERVICES, OR CONTENT, OR USE ANY RECORDING DEVICES OR THIRD PARTY TOOLS TO RECORD, SUMMARIZE OR GENERATE ADDITIONAL MATERIALS (I.E. FLASHCARDS, NOTE TAKERS, ETC.) BASED ON ANY CONTENT OR SERVICES.

The Website and Platform and all the Content and Services, including text, audio, videos, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, curricula, and all other components and content, together with the design, selection, and arrangement of content are and will remain our exclusive property or, as applicable, our suppliers, licensors, and partners. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property is strictly prohibited and may be prosecuted to the fullest extent of the law.

The Website, Platform, Services, or Content may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted to you under any patent, copyright, trademark, trade secret, or other intellectual property right of any third party.

SECTION 8 - THIRD-PARTY LINKS

The Website or Platform may include links to third-party websites. We do not have control over, and are not responsible for, examining or evaluating the content or accuracy of such third-party links content or websites, or for any other materials, or services of third parties. We do not warrant the offerings of any of these entities/individuals or their websites and have no liability or responsibility for the same.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

SECTION 9 - PROHIBITED USES

You may not use the Website, Platform, or Services as follows:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or
(l) engage in activities that aim to render the Service inoperable or make their use more difficult; or
(m) to engage in any academic fraud or similar schemes.

SECTION 10 - WARRANTIES AND DISCLAIMERS

Your access to and use of the Website, Platform, Services and any Content is at your own risk. You understand and agree that the Website, Platform and Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. WITHOUT LIMITING THE FOREGOING, WE, ON BEHALF OF OURSELVES AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Service or any Content thereon. We are not responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Platform, Services, or any Content or any third party telecommunications services or tools, including without limitation Zoom and GitHub. You also agree that we have no responsibility or liability for any deletion of, or the failure to store, retain, or transmit, any coursework and other communications maintained by the Platform or Service. We make no warranty that the Platform or Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from any of our personnel or through the Service, will create any warranty not expressly made by us in these Terms.

The Platform and Services are controlled and operated from our facilities and those of our vendors in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Website, Platform, or Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Your use of the Platform and Services is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any information from the Service, and any other damage that may be incurred.

SECTION 11 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS WILL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF DATA, LOSS OF COURSEWORK, LOSS OF INCOME, LOSS OF USE, LOSS OF BUSINESS, LOSS OF GOOD-WILL, OR OTHER SIMILAR LOSSES OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, PLATFORM, CONTENT, OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OR INFORMATION OBTAINED FROM THE PLATFORM OR SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR COURSEWORK, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGE OR SUCH DAMAGE WAS FORESEEABLE, AND EVEN IF ANY AVAILABLE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions, including without limitation the State of New Jersey, do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless First Draft and our officers, directors, agents, contractors, licensors, service providers, subcontractors, and employees, from any claim or demand, together with reasonable attorneys’ fees incurred as a result of the same, due to or arising out of your coursework, use of the Services, infringement of any third party intellectual property rights, breach of these Terms or your violation of any law or the rights of a third-party.

SECTION 13- SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms , such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date survive the termination of these Terms for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our Platform or close your account.

If in our sole judgment you violate, or we suspect that you have violated, any term or provision of these Terms, we may terminate these Terms and your account without notice.

SECTION 15 - ENTIRE AGREEMENT

In the event we elect not to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

These Terms and any additional policies or operating rules that may be posted by us in respect to the Website, Platform, or Service constitute the entire agreement and understanding between you and us and govern your use of the Website, Platform or Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms may not be construed against the drafting party.

SECTION 16 - GOVERNING LAW

1. DISPUTE RESOLUTION – ARBITRATION. Both parties agree to resolve any disputes arising under these Terms or relating to the Platform or the Services through binding arbitration, on an individual basis, as set forth below.
2. WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST FIRSTDRAFT, LLC IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to our right to appeal.
3. Good Faith Discussions. Both parties must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
4. Rules. Each party agrees that arbitration will be conducted by the American Arbitration Association (”AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (”Rules”). The Rules can be found at: https://www.adr.org/Rules. Each party agrees that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
5. Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
6. Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Platform, including as to the enforceability and/or formation of this agreement to arbitrate made between the parties.
7. Location. You agree that arbitration shall take place exclusively in Chicago, Illinois. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
8. Time Limit. Any claim by you arising in connection with these Terms, the Platform or the Services must be commenced by you within one (1) year of the dispute giving rise to the claim.
9. Confidentiality. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
10. Changes to this Agreement to Arbitrate. If we modify this arbitration provision, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case you must immediately stop using the Platform and Services.
11. The Arbitrator’s Decision. The arbitrator’s decisions and judgment will be final and binding on the parties but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.
12. Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
13. Exceptions. Notwithstanding anything to the contrary in this Section, each party retains the right to bring an individual action in small claims court as well as the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.
14. Governing Law. Unless expressly prohibited by the law of your place of residence, these Terms, and your access to and use of the Content, Platform, and Services, are governed by the laws of the State of Illinois, without regard to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Cook County, Illinois. The parties expressly agree to the exclusive jurisdiction of those courts.

SECTION 17 - CONTACT INFORMATION

Questions about the Terms should be sent to us at support@firstdraft.com. You may also reach us at:

FIRSTDRAFT, LLC
731 W 17th Street, 3W
Chicago, IL 60616