Drafty Terms of Service

These Terms of Service ("Terms") govern your access to and use of Drafty, a gamified study application for the NCARB Architect Registration Examination (ARE 5.0), available on the web at draftyprep.com and through our iOS and Android apps (together, the "Service"). Drafty is operated by Drafty Prep ([Company legal entity], "Drafty," "we," "us," or "our"). Please read these Terms carefully. They contain important information about your rights and obligations, including auto-renewing subscription terms, a binding limitation of liability, and a critical disclaimer that Drafty is an independent study aid and is not affiliated with or endorsed by NCARB. Last updated: [Effective Date].

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, do not access or use the Service.

These Terms form a binding legal agreement between you and Drafty. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization.

We may present additional terms for certain features, promotions, or content. Where additional terms apply, they are in addition to, and form part of, these Terms. If there is a conflict, the additional terms control for that feature to the extent of the conflict.

2. Eligibility and Age

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account and purchase a subscription. The Service is intended for adults pursuing professional architecture licensure and is not directed to children.

You represent that you are at least 18 years old and able to form a binding contract.
You represent that you are not barred from using the Service under the laws of your jurisdiction or any applicable app store or payment processor.
If we learn that we have collected personal information from a person under the minimum age in violation of applicable law, we will take reasonable steps to delete that information and terminate the account.

3. Description of the Service

Drafty is an independent, gamified study aid designed to help users prepare for the ARE 5.0. The Service provides original practice questions, lessons, study guides, spoken lesson audio, progress tracking, missed-topic review, leaderboards, and related study tools.

The Service is a study aid only. It does not provide legal, professional, licensing, or career advice, and it is not a substitute for the official materials, references, or examinations administered by NCARB.
We may add, modify, suspend, or remove features, content, lessons, or functionality at any time, with or without notice, as we improve and maintain the Service.
Some features depend on third-party services (for example, account sign-in, billing, audio generation, and hosting). Availability of those features may depend on those third parties.

4. Accounts and Security

To use most features, you must create an account using email and password, Google sign-in, or Apple sign-in. You are responsible for your account and for keeping your login credentials confidential.

You agree to provide accurate, current, and complete information and to keep it up to date.
You are responsible for all activity that occurs under your account, whether or not authorized by you.
You must notify us promptly at hello@draftyprep.com if you suspect any unauthorized use of, or access to, your account.
You may not share your account, sell or transfer it, or allow anyone else to use it. Each account is for a single individual.
We may suspend or disable your account if we reasonably believe your credentials have been compromised or your account has been used in violation of these Terms.

5. Subscriptions and Billing

Access to paid features requires a "Drafty Pro" subscription. This section governs subscriptions, billing, auto-renewal, free trials, cancellation, refunds, and price changes. Please read it carefully, because your subscription will automatically renew and you will be charged unless you cancel.

Plans and pricing. Drafty Pro is offered in the following auto-renewing plans (prices in USD, subject to applicable taxes):

Monthly — $49.99, billed every month.
6-Month — $250, billed every six months.
12-Month — $500, billed every twelve months.

7-day free trial. Eligible new subscribers may receive a 7-day free trial. Unless you cancel before the end of the trial, your subscription will automatically convert to a paid subscription and you will be charged the price of the plan you selected. Free trials are limited to one per user and may not be available to users who have previously had a trial or subscription. We may modify or discontinue trial offers at any time.

Auto-renewal. All subscriptions automatically renew at the end of each billing period at the then-current price for that plan, until you cancel. By subscribing, you authorize us (or the applicable app store) to charge your payment method on a recurring basis for each renewal period. The renewal charge is applied at or near the start of each new period.

How you are billed depends on where you subscribe:

Web (Stripe via RevenueCat). If you subscribe through draftyprep.com, billing is handled by Stripe through RevenueCat. Card data is processed by Stripe and is not stored by Drafty. Your subscription is managed through your Drafty account or the billing portal we provide.
Apple App Store / Google Play (in-app purchase). If you subscribe through the iOS or Android app, the purchase is processed by Apple or Google under their respective terms, and payment is charged to your App Store or Google Play account. Your subscription, payment method, renewals, and cancellations are managed through your Apple or Google account settings, not directly by Drafty.

How to cancel. You may cancel at any time. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until then. You must cancel through the same channel where you subscribed:

If you subscribed on the web, cancel in your Drafty account settings or the billing portal we provide.
If you subscribed through Apple, cancel in your Apple ID subscription settings (Settings > your name > Subscriptions).
If you subscribed through Google, cancel in the Google Play Store subscriptions section.

If you are on a free trial, you must cancel before the trial ends to avoid being charged.

Refunds. Except where required by law, subscription fees are non-refundable, and partial billing periods are not refunded. For web subscriptions, refund requests are handled by Drafty at hello@draftyprep.com on a case-by-case basis and at our discretion. For Apple or Google in-app purchases, refunds are governed by, and must be requested through, Apple or Google under their respective policies; we are unable to issue refunds for purchases made through the app stores.

Price changes. We may change subscription prices and the features included in a plan from time to time. We will provide notice of any price increase before it applies to you, as required by applicable law and app store rules. Price changes take effect at your next renewal after the notice period. If you do not agree to a new price, you may cancel before the change takes effect; continuing to use the subscription after the change takes effect constitutes acceptance of the new price.

Taxes. Prices may not include applicable taxes. You are responsible for any taxes, duties, or similar charges imposed by any authority in connection with your subscription, except for taxes based on our net income.

6. Acceptable Use and Prohibited Conduct

You agree to use the Service only for your own personal, non-commercial exam preparation, and in compliance with these Terms and applicable law. You may not, and may not permit anyone else to:

Share, resell, or transfer your account or share your credentials with any other person.
Scrape, crawl, harvest, copy, or systematically extract any content, questions, lessons, audio, or data from the Service by any automated or manual means.
Resell, sublicense, distribute, publish, or republish any Drafty content, including practice questions, lessons, study guides, or audio, in any form or medium.
Reverse engineer, decompile, or disassemble any part of the Service, except to the extent that restriction is prohibited by applicable law.
Use the Service to build, train, or improve any competing product, dataset, or machine-learning model.
Circumvent, disable, or interfere with security, usage limits, the heart/life system, paywalls, or other access controls.
Upload or transmit malware, or attempt to gain unauthorized access to the Service, other accounts, or our systems or networks.
Submit false, misleading, infringing, abusive, harassing, or unlawful content, including in public profiles or leaderboards.
Use the Service in any way that infringes the intellectual property or other rights of any third party, or that violates any law or regulation.

We may investigate and take appropriate action, including removing content, suspending or terminating accounts, and reporting conduct to authorities, for any violation of this section.

7. Intellectual Property

The Service and all of its content—including practice questions, lessons, study guides, text, audio, graphics, the Pencil mascot, logos, design, software, and the overall look and feel—are owned by Drafty or our licensors and are protected by copyright, trademark, and other intellectual property laws. All Drafty practice questions and study content are Drafty's own original material.

License to you. Subject to these Terms and your active subscription where required, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service and its content for your own exam preparation. This license terminates when your account or subscription ends.
Reservation of rights. Except for the limited license above, no rights are granted to you. "Drafty" and "Drafty Prep," along with our logos and mascot, are trademarks of Drafty. You may not use them without our prior written permission.
Feedback. If you send us suggestions or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use it for any purpose without obligation to you.

8. Important Disclaimer: Independence from NCARB, Trademarks, Content, and No Pass Guarantee

PLEASE READ THIS SECTION CAREFULLY.

Drafty is an independent study aid. Drafty is NOT affiliated with, endorsed by, sponsored by, approved by, or connected to NCARB (the National Council of Architectural Registration Boards) in any way.

Trademarks. "ARE," "Architect Registration Examination," and "NCARB" are trademarks of their respective owners (NCARB). Any reference to these marks on the Service is for identification and descriptive purposes only (nominative fair use) and does not imply any affiliation, endorsement, or sponsorship.
Not real exam content. Drafty's practice questions, lessons, and other study content are Drafty's own original material created independently. They are NOT actual exam questions, NOT official NCARB content, and NOT drawn from any live or retired examination. They are intended only to help you study concepts that may appear on the exam.
No pass guarantee. Drafty makes NO guarantee, representation, or warranty that using the Service will result in your passing the ARE 5.0 or any other examination, or in any particular score or outcome. Exam results depend on many factors outside our control. Your use of the Service is at your own risk, and you remain solely responsible for your exam preparation and results.

You should always consult NCARB's official materials and requirements directly for authoritative information about the ARE and architectural licensure.

9. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, DRAFTY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components; that defects will be corrected; or that any content (including study content, audio, or answer explanations) is accurate, complete, current, reliable, or suitable for any particular purpose. Any reliance you place on the Service or its content is at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DRAFTY AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, STUDY PROGRESS, OR EXAM OPPORTUNITIES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO DRAFTY FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Drafty and its owners, officers, employees, contractors, and suppliers from and against any claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party, including intellectual property rights; or (d) any content you submit through the Service. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

12. Termination

You may stop using the Service and delete your account at any time. Cancelling a subscription is governed by Section 5.

We may suspend or terminate your access to all or part of the Service at any time, with or without notice, if you violate these Terms, if we are required to do so by law, or to protect the Service, other users, or our rights.
On termination, your license to use the Service ends and we may delete your account and associated data, subject to our Privacy Policy and applicable law. Some data may be retained as required by law or for legitimate business purposes.
Termination does not entitle you to a refund except as expressly provided in Section 5 or required by law.
Provisions that by their nature should survive termination—including intellectual property, disclaimers, limitation of liability, indemnification, and governing law—will survive.

13. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms with a new effective date, sending an email, or providing an in-app notice. Changes are effective when posted unless otherwise stated.

Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may cancel your subscription as described in Section 5.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of [Governing State], without regard to its conflict-of-laws principles, except where applicable consumer protection law requires otherwise.

Informal resolution. Before filing any claim, you agree to first contact us at hello@draftyprep.com and attempt to resolve the dispute informally. We will try to resolve the dispute with you in good faith.
Venue. Subject to any applicable arbitration agreement, you agree that any dispute not resolved informally will be brought exclusively in the state or federal courts located in [Governing State / County], and you consent to the personal jurisdiction of those courts.
Arbitration and class-action waiver. [Optional: To the extent permitted by law, any dispute will be resolved by binding individual arbitration administered by [Arbitration Body] under its rules, and you and Drafty waive the right to participate in a class action or class-wide arbitration.] Insert or remove this clause based on legal advice for your jurisdiction.
App store disputes. Disputes regarding payments, refunds, or renewals for purchases made through Apple or Google may also be subject to those companies' policies and dispute processes.

Nothing in this section limits any rights you may have as a consumer under the mandatory laws of your country of residence.

15. Apple and Google App Store Terms

If you download the app from the Apple App Store or Google Play, your use is also subject to that store's terms. You acknowledge that these Terms are between you and Drafty only, and not with Apple or Google, and that Apple and Google are not responsible for the Service or its content.

To the extent required by Apple, you acknowledge that Apple has no obligation to provide support or maintenance for the app, and that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16. Miscellaneous

These Terms, together with the Privacy Policy and any additional terms, are the entire agreement between you and Drafty regarding the Service. If any provision is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be limited or modified to the minimum extent necessary. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries except as expressly stated.

17. Contact

If you have any questions about these Terms or the Service, contact us at:

Email: hello@draftyprep.com
Operated by: Drafty Prep ([Company legal entity])
Mailing address: [mailing address]

Additional Provisions

Add to Section 15 (Apple and Google App Store Terms), as new paragraphs: 'The following additional terms apply if you obtained the app from the Apple App Store. (a) Scope of license. The license granted to you in Section 7 is limited to a non-transferable license to use the app on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms of Use. (b) Maintenance and support. Drafty, not Apple, is solely responsible for providing any maintenance and support for the app; Apple has no obligation to furnish any maintenance or support. (c) Warranty. Drafty is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the app; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Drafty’s sole responsibility. (d) Product claims. Drafty, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including: (i) product-liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation. (e) Intellectual-property claims. In the event of any third-party claim that the app or your possession and use of it infringes that third party’s intellectual-property rights, Drafty, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim. (f) Developer name and address. You may contact Drafty regarding any claims or questions concerning the app at hello@draftyprep.com and at the mailing address in Section 17.' Add as a new section (e.g., Section 16.1 'Force Majeure'): 'Force Majeure. Drafty will not be liable or responsible for any failure or delay in performing its obligations under these Terms to the extent caused by events or circumstances beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, labor disputes, failures or interruptions of the internet, telecommunications, hosting, payment-processing, or other third-party services or infrastructure (including Firebase, RevenueCat, Stripe, ElevenLabs, Apple, Google, or Vercel), or power or equipment failures. This Section does not relieve you of your obligation to pay amounts due, and does not limit any non-waivable rights you have under applicable consumer-protection law.' Add as a new section (e.g., Section 7.1 'Copyright Complaints (DMCA)'): 'Copyright Complaints. Drafty respects the intellectual-property rights of others and expects users to do the same. If you believe content available through the Service infringes your copyright, please send a written notice to our designated copyright agent that includes: (1) your physical or electronic signature; (2) identification of the copyrighted work you claim has been infringed; (3) identification of the material you claim is infringing and information reasonably sufficient to locate it; (4) your contact information; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. Send notices to: Copyright Agent, Drafty Prep, [mailing address], hello@draftyprep.com. We may remove or disable access to allegedly infringing material and may terminate the accounts of repeat infringers in appropriate circumstances. Notices that do not comply with the requirements above may not receive a response.' In the Privacy Policy 'Children’s Privacy' section, replace the under-13 framing with text aligned to the Terms' 18+ requirement: 'The Service is intended only for adults (at least 18 years old, or the age of legal majority in your jurisdiction) preparing for a professional licensing examination, and is not directed to or intended for children or minors. We do not knowingly collect personal information from anyone under 18. If you believe a person under 18 has provided us personal information, contact us at hello@draftyprep.com and we will take reasonable steps to delete it and terminate any associated account.' (If you intend to permit 13–17-year-olds, instead lower Terms Section 2 to 13 with parental-consent language and keep COPPA framing — but do not leave the two documents contradictory.) Add to Section 5, immediately after the 'Auto-renewal' paragraph, a bolded summary block: 'Summary of auto-renewal terms (please review): (1) Your Drafty Pro subscription is a continuous, auto-renewing subscription that will continue and renew automatically until you cancel. (2) Renewal price and interval: Monthly — $49.99 every month; 6-Month — $250 every six months; 12-Month — $500 every twelve months (plus applicable taxes), each charged to your payment method at the start of each renewal period at the then-current price. (3) You may cancel at any time through the channel where you subscribed, as described below, and cancellation takes effect at the end of the current billing period. (4) Where required by applicable law or app store rules, we (or the applicable app store) will send you a reminder before a renewal and before any price increase takes effect. For web subscriptions, you can cancel online at any time through your Drafty account settings or our billing portal without contacting us.' Also add to the 'How to cancel' paragraph: 'For web subscriptions, we provide an online method to cancel that is at least as easy as the method you used to subscribe.' Add to Section 15: 'If you obtained the app from Google Play, you acknowledge that these Terms are between you and Drafty only, and not with Google, and that Google is not responsible for the app or its content. Your use of the app must comply with the then-current Google Play Terms of Service. Subscriptions purchased through Google Play are billed to your Google Play account, renew automatically, and are managed and cancelled in the Google Play Store subscriptions section, as described in Section 5. To the extent the Google Play Terms of Service conflict with these Terms with respect to your acquisition or use of the app through Google Play, the Google Play Terms control solely to the extent of that conflict.' Add to Section 5 (after 'Refunds'): 'EU/UK consumers — right of withdrawal. If you are a consumer in the EEA or the United Kingdom, you may have a statutory right to withdraw from your purchase within 14 days without giving a reason. Because Drafty Pro provides immediate access to digital content and services, by starting your subscription or trial and accessing paid features you expressly request that we begin performance immediately and acknowledge that you will lose your right of withdrawal once performance has begun (or, where partial performance has occurred, that you may owe a proportionate amount). Nothing in these Terms limits any mandatory refund, cancellation, or withdrawal rights you have under the consumer laws of your country of residence.' In Section 14, add a venue-path waiver that operates even if the arbitration clause is removed: 'Class-action and jury-trial waiver. To the fullest extent permitted by applicable law, you and Drafty each waive any right to a jury trial and agree that any dispute will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. This waiver applies regardless of whether the dispute is resolved in court or in arbitration. This Section does not apply where prohibited by the mandatory consumer laws of your country of residence.' Also add 'governing law, dispute resolution, and the Apple/Google third-party-beneficiary provisions of Section 15' to the list of surviving provisions in Section 12.