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Classwares Terms of Use

Terms v0.9

Classwares Terms of Use

Effective: the date we publish this version Operator: HarvestWave, LLC, doing business as Classwares (“Classwares,” “we,” “us”)
Mailing address: 1309 Snowshoe Court, Woodland Park, CO 80863

These Terms are a contract between you and HarvestWave, LLC d/b/a Classwares for the Classwares marketplace and the Classwares checkout used by a seller’s own website (including the WordPress plugin). “You” means a buyer, a seller, or both, as the section applies. “Resource” means any digital educational item a seller lists, sells, or distributes through Classwares.

If you do not agree, do not create an account, list a resource, or buy.

A buyer-facing FAQ, if we publish one, explains fees and policies in plain language. If the FAQ and these Terms ever differ, these Terms control.

1. What Classwares is

1.1 Classwares is a teacher-to-teacher curriculum marketplace for digital educational resources, plus a checkout that can run from a seller’s own site (plugin). We are not the author of a seller’s resources. Sellers are independent contractors. We do not employ them, and these Terms are not an employment agreement.

1.2 We do not require exclusivity. A seller may sell the same resources on the seller’s own site and on other marketplaces. Listing on Classwares does not stop that.

1.3 We may refuse, suspend, or end an account or a listing if these Terms are broken, if a payment partner requires it, or if we reasonably believe the listing is unlawful or not the seller’s to sell.

2. Accounts and checkout

2.1 Every account starts as a buyer account. Becoming a seller adds a seller record to that account; you do not need a separate “role” to browse or buy.

2.2 Signup is email-first. We send a verification link that expires 24 hours after we issue it. You must verify before seller features that require a verified account become available, as the site states at signup.

2.3 Buyers may check out as a guest. A guest buyer is still bound by the parts of these Terms that apply to a purchase.

2.4 You must give accurate information and keep your login to yourself. You are responsible for activity under your account.

2.5 Only an administrator may deactivate an account for Terms breach, payment-partner requirements, or other reasons stated in these Terms.

2.6 Seller-initiated delete. If a seller asks us to delete the seller account, we take that seller’s resources off sale, notify buyers who purchased those resources (as needed for access and support), and delete the seller account and those resources after 30 days, subject to records we must keep for tax, dispute, or legal purposes (see the Privacy Policy).

2.7 Sellers must finish Stripe Connect onboarding, including whatever identity review Stripe or we require, before we pay out. We do not invent a second payout rail in these Terms.

2.8 Age. You must be 18 or older and able to form a binding contract to create an account, buy (including as a guest), or sell. Classwares is not directed to anyone under 18.

2.9 One person, one account. Do not create an account for someone else, use another person’s account, or open a new account after we have deactivated yours.

2.10 Free resources. To get a free resource, a buyer must supply us with an email address. We use this address to send you a time-limited download link by email and a receipt for the item. We also use it for our own internal tracking, and for nothing else, except that if the seller removes the resource, we may email you a 30-day notice so you can download it. We do not give guest email addresses to sellers.

3. Seller subscription

3.1 A seller may sell under the free seller rates in Section 4 with no paid membership.

3.2 A seller may instead take a paid membership at $5 per month or $50 per year, at the seller’s choice. Paid membership renews for the same period unless the seller cancels before renewal. We will state the price, the period, and how to cancel where the seller starts or renews.

3.3 Founding paid sellers. A seller who first becomes a paid seller before 2027-01-01 00:00:00 America/Denver (MST) is a founding paid seller and keeps the $5 / $50 membership price for as long as the seller's account stays actively paid. A beta seller who receives a complimentary paid period under Section 4.7 is a founding paid seller. A free account alone does not make a seller a founding paid seller. If the paid membership lapses or is cancelled, the locked price ends.

3.4 After that cutoff, the membership price for new non-founding paid sellers is the same for now ($5 / $50) but may change for new non-founding paid sellers who join later. That possible future change does not apply to founding paid sellers.

3.5 Membership price changes. We give sellers at least 180 days’ notice, by email or in the seller account, before a planned change to the fee structure, including the membership price. One exception is set now: on January 1, 2027, the base membership price may change for new subscribers only. That change never applies to anyone already subscribed. Founding paid sellers’ $5 / $50 stays locked for as long as the account stays actively paid (Section 3.3), and no change reaches fees already charged.

3.6 Readable before you apply. These seller terms are public, and a seller can read all of them before applying to sell.

3.7 The subscription is separate from the platform cut in Section 4.

3.8 (a) A seller without a paid membership may have at most 15 active free resources, 100 active resources in total (free and paid together), and 50 GB of uploaded resource files at any one time. A resource is “active” while it is available for sale. A resource that is hidden or no longer for sale is not active, and buyers who already bought it may still download it. (b) Item limits. If a seller changes from a paid to a free membership and is over the 15 free resources or 100 total resources limit, we give the seller 30 days to get under it. After that, we hide resources, starting with the one that uses the most storage and moving to the next largest, until the seller is under the limit. Hiding takes a resource off sale; it does not delete it. Buyers who already bought a hidden resource can still download it. For the 15-free limit, only free resources are hidden. A seller may unhide a resource by removing or hiding another one, or by taking a paid membership. (c) Storage limit. If a seller changes from a paid to a free membership and is over the 50 GB limit, we give the seller 30 days to get under it. After that, we remove resources from the seller’s account, starting with the one that uses the most storage and moving to the next largest, until the seller is under the limit. We compress the removed resources into a single archive file and hold it for 1 year from the date the seller switched to a free account. We email the seller to explain why resources were removed, which resources they were, and where to download the archive. The archive is encrypted and held in escrow. We send the archive password to the seller in a separate email. After we send the password, we delete our copy of it, so we can no longer open the archive. Keep the password safe: we cannot recover it. (d) Buyers of a removed resource. We tell buyers who already bought a removed resource, 30 days before the file is deleted, that it will be deleted. For those 30 days, we keep a second copy of the resource file, held in a delete queue, for download only by those buyers, and the resource is not for sale. Buyers keep their access through that copy for the 30 days, and their access ends when the copy is deleted. After that, the file is deleted. This 30-day download copy is separate from the seller’s archive in (c), so for a time there are two copies. A seller who later has enough free space may upload the resource again. (e) We may change these limits after notice under Section 3.5.

4. Fees on a sale (seller-side)

4.1 Fees in this Section 4 come out of the seller’s proceeds. We do not add a Classwares “processing fee” to the buyer’s price. Classwares absorbs card-processor charges charged to HarvestWave’s Stripe account. The small-cart surcharge in Section 4.4 is not a processing fee and is not added to the buyer; it comes out of seller proceeds.

4.2 Platform cut — which percent. Checkout hostname alone does not set the rate. Where the buyer’s browsing session started does not set the rate either.

4.3 Base for the percent.

4.4 Small-cart surcharge. On a cart under $5, we deduct $0.36 from seller proceeds for that cart. A cart of exactly $5 or more does not pay this surcharge.

On a cart under $5, the $0.36 is split evenly across the resources in that cart, and each seller bears the share for that seller's resources. For example, in a cart of three resources, each resource bears $0.12. Shares are in whole cents: each resource bears $0.36 divided by the number of resources, rounded down to the cent, and any leftover cents go one each to the highest-priced resources (ties go by cart order), so the shares always total exactly $0.36. For example, five resources bear $0.08, $0.07, $0.07, $0.07, and $0.07.

4.5 Plugin sales (paid-seller 10% / 90% only).

(a) The 10% rate (seller keeps 90%) applies only to a sale of a paid seller that starts through the Classwares plugin on the seller’s own website.

(b) Every other sale uses the paid-seller 15% rate or the free-seller 25% rate, as applicable. Checkout hostname alone does not set the rate.

(c) The rate is set when the buyer starts the purchase and stays the same for that sale.

(d) The order record states which rate applied and why.

4.6 Platform-cut and surcharge changes. A change to the platform-cut rates or the small-cart surcharge needs at least 180 days’ notice under Section 3.5 and applies only to orders placed on or after the effective date in the notice. It is never retroactive, and it does not change founding paid sellers’ locked $5 / $50 membership. Current numbers: free 25%; paid 15% or 10% as above; small-cart $0.36 on carts under $5, split evenly across the resources in the cart.

4.7 Beta-tester perk. (a) Free year. Sellers with a beta-tester account before Classwares' public launch ("go-live") get 12 months of the paid seller membership free, counted from go-live, not from sign-up. Internal and staff accounts are excluded. Your account shows the date your free period ends. (b) Wider beta. Sellers accepted after we open the beta more widely, but before go-live, get 3 months of the paid membership free, also counted from go-live. (c) Ends at go-live. The perk is not offered to anyone who signs up after go-live. A seller who already has the perk keeps it for the full free period. (d) Founding member. A beta tester who receives the free period is a founding paid seller under Section 3.3. The locked founding price then applies for as long as the account stays actively paid, including through the free period and the paid subscription that follows it. (e) Automatic renewal. To keep the paid membership after the free period, the seller starts a paid subscription through Stripe's hosted checkout. The checkout shows that the free period ends on the stated date and that the subscription then renews automatically at the founding rate, on the billing cycle (monthly or annual) the seller chooses, until cancelled. By completing that checkout, the seller agrees to the automatic renewal. Classwares does not collect or store card details; Stripe handles all payment information under its own terms and privacy policy. We email the seller at least 30 days before the free period ends, and we send annual renewal notices the same way. For monthly billing, we email 7 days before each monthly charge. A seller may cancel, or switch to a free account, at any time before the free period ends, from the Classwares account page or the Stripe customer portal, and will not be charged. If the seller has no active Stripe subscription when the free period ends, the account falls back to a free account, and the free-account limits in Section 3.8 apply. (f) Conditions. The perk is one per seller, has no cash value, cannot be transferred, and ends early if the account is suspended or banned (Section 13.8). We decide who is accepted as a beta tester, and we may change or end the perk for future sign-ups with notice on the site.

5. Refunds

5.1 Two refund paths. Before you pay, each resource’s listing and the checkout show which path applies, and that once you download a resource that has a full preview, you can no longer get an automatic refund. (a) Full preview. If the seller provides a full-item preview, we show it to you after purchase and before download. The preview is lower resolution than the resource and is watermarked with “Classwares Preview” and, when you are signed in, your email address. You may not remove or hide the watermark, or copy, share, or post the preview. You may request a refund, with a reason, until you download the resource, and no later than 24 hours after purchase. Before downloading, you confirm that you viewed the preview and acknowledge that once you download the resource, you can no longer get an automatic refund. (b) No full preview. If the seller does not provide a full-item preview, you may request a refund, with a reason, within 72 hours after you first download the resource, and no later than 14 days after purchase. The seller’s proceeds from that sale are held until this window closes (Section 6.3). In an order with more than one resource, each resource follows its own path.

A resource that costs $0 is a free resource and is not refundable, and no refund option is shown for it. This includes a paid resource that is temporarily on sale for $0. A refund applies to a specific sale, at the price actually paid when the item was sold. If the current list price is different, the sale price takes precedence.

5.2 Review and timing. The seller may challenge a request under Section 5.1, and an administrator reviews it before we decide. If we grant it, we refund what the buyer paid for that resource, including any sales tax collected. Refunds can take up to 72 hours to be issued, for example over weekends and holidays. Stripe or the card network may have their own timing rules.

5.3 Fee reversal on a granted refund. When Classwares grants a buyer refund under Section 5.1, Classwares also reverses the platform cut and the $0.36 small-cart surcharge attributable to that refunded amount, so those amounts are not kept against a fully refunded sale. On a partial refund, those amounts reverse proportionally to the refunded share of the order. Stripe or the card network’s timing and rules for the refund still apply. This fee reversal does not apply to refunds of resources removed for breaking these Terms (Section 13.7).

5.4 Outside these windows. Outside the window in Section 5.1, a refund isn’t automatic. You may still ask, and the seller decides whether to approve or decline. Whatever the path, we will handle a file that is broken, missing, or materially different from its listing or preview, and any refund the law requires.

5.4A Limit. A buyer who makes more than three refund requests in any 12 months loses the request option under Section 5.1 for the rest of that period. This limit does not apply to the broken, missing, or not-as-described cases in Section 5.4 or to refunds the law requires. For guest purchases, we count requests by email address and payment method.

5.5 Chargebacks. A buyer should ask us for a refund under Section 5.1 before disputing a charge with a bank. If a buyer files a chargeback or payment dispute, we may respond with order and delivery records and may suspend that buyer’s access to the disputed resource while the dispute is open. If the dispute is decided against us, we may debit the disputed amount from the proceeds of the seller whose resource was disputed, or hold it from that seller’s future payouts, except where the dispute arose from our own error. A chargeback is not a refund under Section 5.3, and the refund windows in Section 5.1 do not change.

5.6 Chargeback fees. Classwares pays the dispute fee on a chargeback. If a resource is serially returned (at least 20 sales with more than 5% refunded), we flag it for review, and dispute fees on that resource may be charged to the seller. Refunds of resources removed for breaking these Terms follow Section 13.7.

5.7 Reviews after a refund. A buyer who got a refund for a resource cannot review it, and a review that buyer already left no longer counts toward ratings or rankings.

6. Payments

6.1 Buyer charges run through Stripe against HarvestWave’s / Classwares’ Stripe account, not against the seller’s connected account for the buyer charge.

6.2 Seller payouts go through Stripe Connect after the seller completes onboarding. We may hold or delay a ledger entry or payout when Stripe requires it, or as Sections 5.5 and 13 allow. Stripe’s own terms for connected accounts also apply to the seller.

6.3 Payout schedule. We pay out each seller’s available balance on a regular schedule, currently once a month, as shown in the seller account. A sale becomes part of the available balance once it is at least 72 hours old, so the full-preview refund window (Section 5.1(a)) can close first. A sale of a resource without a full-item preview (Section 5.1(b)) is held until its refund window closes: 72 hours after the buyer’s first download, and no later than 14 days after purchase. We may change the schedule or the hold after notice by email or in the seller account; a change does not delay amounts already available. We may still hold amounts as Sections 5.5 and 13 allow.

7. Taxes

7.1 Sales tax for marketplace checkout and for plugin checkout is calculated, collected, and filed in one place through Stripe (Stripe Tax) on HarvestWave’s Stripe account, instead of each seller running a separate tax tool.

7.2 Marketplace facilitator. Where the law requires marketplace collection, HarvestWave, LLC d/b/a Classwares is the marketplace facilitator. In those jurisdictions, the sales tax on marketplace and plugin checkout is calculated, collected, and remitted through Stripe on Classwares’ behalf; sellers do not collect or remit sales tax on those Classwares sales. Sellers remain responsible for their own income taxes and for any tax obligation outside marketplace-facilitator rules. Where marketplace collection does not apply, buyers or sellers may still have use-tax or other duties as the law requires. Classwares does not file any state sales tax return for a seller or on a seller's behalf. A seller's state may still require the seller to register, file its own returns (for example, returns that report marketplace sales), or collect tax on sales outside Classwares; each seller should check its own state's rules and is responsible for those filings.

7.3 Sellers are responsible for their own income taxes on their proceeds. We may issue tax forms if the law requires.

8. Resources, licenses, and seller promises

8.1 The seller keeps ownership of resources the seller uploads. The seller gives Classwares a non-exclusive, royalty-free license to host, store, copy, display (including a full-item preview the seller chooses to provide), format, deliver, and back up those resources and their listing text and images so we can run the marketplace and the seller’s checkout, to deliver a file to a buyer who is allowed to have it, and to show listing titles, thumbnails, and previews to promote the resource on Classwares and in our marketing of the marketplace. This is only the license we need to sell your resources. It ends when the resource is removed or you leave Classwares, except so past buyers keep what they bought, and except for records we must keep and backups that age out in the normal course.

8.2 Seller promises. For every resource and listing, the seller promises that:

(a) the seller owns it or has every right needed to sell it on Classwares and to give the license in Section 8.1;
(b) any clipart, fonts, images, or other third-party material in it is used under a license that allows commercial resale in a teaching resource of this kind, and the seller will show us that license if we ask;
(c) it does not infringe or misappropriate anyone’s copyright, trademark, privacy, publicity, or other rights;
(d) the listing is accurate and the resource is what it says it is;
(e) it does not contain student personal information in breach of Section 10.3;
(f) if the resource was made in material part with generative AI tools, the listing says so; and
(g) the seller will follow the laws that apply to the seller.

8.3 A buyer receives a license to use the resource for the buyer’s own classroom, homeschool, family, or daycare use, as the listing describes. The buyer does not get the right to resell the resource or to post it for others to download.

8.4 No AI training; no sale of resources. Your files are never used to train AI, including AI that creates competing resources, and are never sold or licensed to anyone who would. We do not sell or license sellers’ resources to anyone except to deliver them to buyers.

8.5 Nothing in this Section limits a seller’s right to sell the same resources elsewhere (Section 1.2).

8.6 Removed files held in escrow. A seller gives Classwares the limited right to copy, compress, encrypt, and hold a resource removed under Section 3.8(c), only for the escrow period and the buyer download period in Section 3.8, and for no other purpose. We hold removed files in an encrypted, escrowed archive and send the seller the password. We then delete the password, so we no longer have access to the archive.

9. Copyright complaints (DMCA)

9.1 Designated agent. Send copyright notices to:

Jeffrey Naujok, Designated Agent
HarvestWave, LLC d/b/a Classwares
1309 Snowshoe Court, Woodland Park, CO 80863
support@classwares.com

9.2 Notice. A notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work you say is infringed; (c) identification of the resource or material you say infringes and enough information for us to find it (such as its URL); (d) your name, address, phone number, and email; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner or are authorized to act for the owner.

9.3 What we do. When we receive a notice that meets Section 9.2, we will remove or disable access to the material and tell the seller, with a copy of the notice.

9.4 Counter-notice. A seller who believes the material was removed by mistake or misidentification may send our agent a counter-notice with: (a) the seller’s physical or electronic signature; (b) identification of the material removed and where it appeared; (c) a statement under penalty of perjury that the seller has a good-faith belief the material was removed by mistake or misidentification; and (d) the seller’s name, address, and phone number, and a statement that the seller consents to the jurisdiction of the federal district court for the seller’s address (or, if outside the United States, any judicial district where Classwares may be found) and will accept service of process from the person who sent the notice. We will forward the counter-notice to the complaining party and restore the material in 10 to 14 business days unless that party tells us it has filed a court action to stop the infringement.

9.5 Repeat infringers. A resource removed under Section 9.3 gives the seller a strike under Section 10.4 unless it is restored after a counter-notice. We deactivate the accounts of repeat infringers under Section 10.4, and in other appropriate circumstances.

9.6 False claims. Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing, or was removed by mistake, may be liable for damages.

10. Prohibited content and conduct

10.1 You will not, and will not help anyone else to:

(a) break the law on or through Classwares;
(b) upload or list material you do not have the right to sell, or that infringes anyone’s rights;
(c) upload content that is defamatory, harassing, hateful, threatening, obscene, sexually explicit, or deceptive;
(d) upload viruses, malware, or harmful files;
(e) scrape, harvest, or copy sellers’ resources or users’ information, or use bots or scripts to access Classwares, except search-engine indexing of public pages;
(f) probe, scan, or test the security of Classwares, or bypass any access control, without our written permission;
(g) interfere with, overload, or disrupt the service;
(h) impersonate any person or school, or misrepresent your identity or credentials;
(i) post fake or paid reviews, or manipulate rankings, ratings, or search;
(j) share a login to get around a fee, or make a sale look like it started through the plugin when it did not;
(k) use Classwares messaging or listings to send spam, or to steer a buyer who found you on Classwares to finish that same purchase off Classwares to avoid fees (this does not limit selling your resources elsewhere; see Section 1.2); or
(l) use Classwares for any purpose these Terms prohibit.

10.2 Our response. We may investigate, remove content or listings, and suspend or deactivate accounts that break this Section (Section 13), and we may cooperate with law enforcement. We may also pause a feature for all users at any time (Section 10.8).

10.3 No student personal information. Do not upload, list, or include in any resource, preview, review, or message any student’s personal information, student work that identifies a student, or images of students, unless you have every consent the law and your school require. Classwares is not designed to receive student education records.

10.4 Strikes. When we find that a resource breaks these Terms, we remove it and give the seller one strike. Each strike expires one year after we give it. While a seller has three active strikes, the seller cannot sell, and the seller’s listings are off sale. A seller who reaches three active strikes a second time is permanently banned: we deactivate the seller account and delete the seller’s store under Section 13.5. An administrator may reverse a strike or a repeat-offender status.

10.5 Removed-file fingerprints. We keep a SHA-256 hash of each file removed under Section 9 or this Section 10. A hash is a fingerprint of the file and cannot be turned back into the file. We may block any account from uploading a file that matches a kept hash.

10.6 Acceptable Use and Abuse. Sections 10.1 and 10.6 to 10.10 are our Acceptable Use and Abuse policy, and they are part of these Terms. Besides the list in Section 10.1, you will not: (a) attempt to gain access to accounts, data, systems, or networks you are not authorized to use; (b) use a denial-of-service attack, brute-force login attempts, credential stuffing, or automated or excessive requests that load or slow the service; (c) create or use fake, duplicate, or shared accounts to gain votes, reviews, ratings, or other advantages; (d) buy, sell, trade, or coordinate votes, reviews, or ratings; or (e) bypass or tamper with a rate limit, pause, suspension, or other control we put in place.

10.7 Votes, ratings, and reviews. Only signed-in accounts may vote. A vote is tied to the account that cast it. Other users never see how an individual voted, including on group votes and polls, which are anonymous to other users. A voter can see the voter’s own votes. Thumbs-up and thumbs-down votes on resources are personal preference signals: we use them to personalize your own search and recommendations, and we keep them private to your account and do not show totals for them. Other votes, such as ratings or polls, may show totals, including on seller panels. We use vote records to run rankings and recommendations, prevent abuse, and answer a dispute, and not for advertising.

10.8 What we do about abuse. We monitor for abuse. We may log account activity (including the account, IP address, action, and time), rate-limit or block requests, remove votes, reviews, or listings, pause voting, posting, or other features for everyone at any time, and suspend or ban accounts. A suspended or banned account is handled under Section 13, and a seller’s violation may also be a strike under Section 10.4. We keep audit records of abuse events and administrator actions for 12 months, longer while a case, dispute, or legal hold is open. See our Privacy Policy.

10.9 Reporting a security problem. To report a vulnerability or abuse, email security@classwares.com (or support@classwares.com). Please give us a reasonable time to fix a problem before you share it publicly. If you test in good faith, stay within your own account, do not access, change, or destroy anyone else’s data, do not degrade the service, and stop and tell us when you find an issue, we will not treat that testing as a violation of this Section. This does not allow anything else Section 10.1 prohibits, and it does not waive any right of ours against bad-faith conduct.

10.10 Appeals. If you think we flagged, limited, or suspended your account by mistake, email support@classwares.com with your account email and what happened. A person reviews it. We do not ban an account on an automated signal alone.

11. Our property, trademarks, and feedback

11.1 Classwares’ site, software, design, and content (other than users’ resources and content) belong to HarvestWave, LLC or its licensors. We give you a limited, personal, non-exclusive, non-transferable, revocable license to use the service as these Terms allow. You may not copy, modify, reverse engineer, or make derivative works of the site or software, except as the law allows or as the license for a separately distributed component (such as the Classwares plugin) allows.

11.2 Trademarks. “Classwares,” our logos, and related marks belong to HarvestWave, LLC. You may not use them without our written permission, with two exceptions: (a) sellers may truthfully say their resources are available on Classwares; and (b) you may use a badge, graphic, or other branded item that we give you for use on other websites or social media (a “Badge”) as the written license that comes with it allows. Each Badge or kit comes with a written license file that states exactly how and for what purposes you may use it. Your right to use a Badge is limited to that license, does not transfer ownership of any mark to you, and ends when the license ends or we withdraw the Badge under it. Any use outside the license is not permitted.

11.3 Feedback. If you send us ideas or suggestions about Classwares, we may use them for any purpose, without payment or credit to you.

12. Third-party services; no professional advice

12.1 Classwares relies on third-party services, including Stripe. We do not control them, and their own terms apply to your use of them.

12.2 Information on Classwares, including Section 7, is provided for general purposes and is not legal, tax, or accounting advice. We encourage you to consult a qualified professional about your own situation.

13. Suspension and termination

13.1 By you. You may stop using Classwares at any time. A seller may delete the seller account under Section 2.6.

13.2 By us. An administrator may suspend or deactivate an account or remove a listing for breach of these Terms, repeat infringement, fraud or risk to users, a payment-partner requirement, or where the law requires (Sections 1.3 and 2.5). Where practical and lawful, we will tell you why by email.

13.3 Buyers keep purchased resources. If a seller’s account or listing ends for any reason, buyers keep access to resources they already bought, unless the resource is removed because of an infringement claim (Section 9), because it breaks the law, or because it contains student personal information (Section 10.3). Files a buyer already downloaded stay with the buyer, and a store deletion still gives buyers the 30-day download notice (Sections 2.6 and 13.5).

13.4 Pending payouts. On suspension or deactivation, we may hold a seller’s pending payouts as reasonably needed to cover refunds within the 24-hour window (Section 5), chargebacks (Section 5.5), and claims under Section 16. We release any remainder through Stripe Connect within 90 days after deactivation, unless Stripe or the law requires otherwise. Except under Section 13.6, we do not withhold proceeds already earned as a penalty.

13.5 Permanent ban; store deletion. When a seller is permanently banned under Section 10.4, the resources that broke these Terms are removed at once and buyers lose access to them (Section 13.3). For the seller’s other resources, buyers get the same notice and 30-day download window as for a seller-initiated delete (Section 2.6), and then those resources and the store are deleted.

13.6 Forfeiture of pending payouts on a permanent ban. If a seller is permanently banned for breaking these Terms, we first take out of the seller’s pending payouts (proceeds not yet paid out when the ban takes effect) the buyer refunds, chargebacks, and dispute fees in Section 13.7 and any claims under Section 16. The rest of those pending payouts is forfeited, and we keep it as liquidated damages for the cost of investigation and enforcement and the harm to buyers and to Classwares, which are hard to measure in advance. The parties agree this is a reasonable estimate and not a penalty. This Section applies only to the extent the law allows, and it does not reach proceeds already paid out except as Sections 5.5 and 13.7 allow.

13.7 Refunds of removed resources; negative balance. When we remove a resource for breaking these Terms, we may refund buyers who bought it, whether or not the 24-hour window in Section 5.1 has passed. Each such refund is charged to the seller’s balance in full, together with our actual costs of that sale and refund: the card-processing fee we paid on the original charge, any refund or dispute fees Stripe or the card network charges us, and the platform cut and small-cart surcharge, which are not reversed (Section 5.3 does not apply). These are actual costs and losses to Classwares caused by the seller’s breach. On a permanent ban, these refunds come out of the seller’s pending payouts first, and only what is left is forfeited under Section 13.6. If the seller’s balance does not cover the refunds, chargebacks, and dispute fees on the seller’s resources, the shortfall is a debt the seller owes HarvestWave, LLC. We may recover it from the seller’s future proceeds, by reversing recent transfers or debiting the seller’s connected account where Stripe allows, or by invoicing the seller, and the seller agrees to pay it within 30 days of our invoice.

13.8 No membership refund on a ban. A seller whose account is suspended, blocked from selling under Section 10.4, or permanently banned for breaking these Terms gets no refund of membership fees already paid, in whole or in part. On a permanent ban, we cancel the membership so it does not renew and no further membership fee is charged.

13.9 Survival. Sections 4 and 5 (as to orders already placed), 6, 7, 8.3, 8.4, 9, 10.3 through 10.10, 11, and 13 through 22 survive termination, along with any other provision that by its nature should survive.

14. Disclaimers

14.1 THE SERVICE AND ALL RESOURCES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, HARVESTWAVE, LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DATA WILL NOT BE LOST, THAT A LISTING WILL SELL, OR THAT ANY RESOURCE WILL PRODUCE A LEARNING RESULT.

14.2 Sellers are responsible for their resources. We are not the author of sellers’ resources, and we are not a school.

15. Limitation of liability

15.1 TO THE FULLEST EXTENT THE LAW ALLOWS, HARVESTWAVE, LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND CONTRACTORS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF THESE TERMS OR THE SERVICE.

15.2 OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF:

(A) THE AMOUNTS YOU PAID TO CLASSWARES (FOR A BUYER), OR THE FEES CLASSWARES KEPT FROM YOUR SALES PLUS YOUR MEMBERSHIP FEES (FOR A SELLER), IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR

(B) FOR A PAID SELLER, THE PAID MEMBERSHIP FEE FOR THE MEMBERSHIP PERIOD IN WHICH THAT EVENT OCCURRED, PRORATED FOR THE PART OF THAT PERIOD REMAINING AFTER THE EVENT, BUT NOT MORE THAN $5 FOR A MONTHLY PLAN OR $50 FOR AN ANNUAL PLAN.

15.3 These limits apply even if a remedy fails of its essential purpose. Some places do not allow these limits; there, they apply to the fullest extent the law allows. Nothing in this Section limits our obligation to pay sellers proceeds they have earned or to issue refunds granted under Section 5.

16. Indemnity

16.1 Sellers. Each seller will defend, indemnify, and hold harmless HarvestWave, LLC and its members, managers, employees, and contractors from third-party claims, losses, liabilities, and costs (including reasonable attorneys’ fees) arising from the seller’s resources or listings, including claims that a resource infringes someone’s rights, and from the seller’s breach of Section 8.2 or these Terms.

16.2 All users. Each user will do the same for claims arising from that user’s breach of these Terms, violation of law, or violation of another person’s rights.

16.3 We may take control of the defense of a claim at your expense, and you will cooperate. You may not settle a claim in a way that imposes an obligation on us without our written consent.

17. Release for buyer–seller disputes

17.1 Disputes about a resource are between the buyer and the seller. To the fullest extent the law allows, you release HarvestWave, LLC and its members, managers, employees, and contractors from claims arising out of disputes between buyers and sellers or with other users, except our own obligations under Sections 5 and 6 and claims arising from our own fraud or willful misconduct.

17.2 California users: you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

18. Electronic communications and signatures

18.1 You agree to receive notices, receipts, tax forms, and other communications from us electronically, by email or in your account, and you agree that they satisfy any legal requirement that they be in writing.

18.2 Checking a box or clicking a button to accept these Terms or to complete a purchase has the same effect as your signature. We keep a record of which version of these Terms you accepted and when.

18.3 Marketing email is optional, and every marketing email will have an unsubscribe link. Transactional email (verification, receipts, payout and account notices) is part of the service. We will not send you text messages unless you separately agree to them.

19. Changes

19.1 We may update these Terms by posting a new version. If a change is material for sellers, we will give notice by email to the seller account or by a notice in the seller account before it applies. If a change is material for buyers, we will post a notice on the site before it applies. Continued use after the effective date is acceptance, except where the law requires a different method. A change does not apply to a dispute that arose before the change took effect.

19.2 Fee changes for sellers are governed by Sections 3.5 and 4.6: at least 180 days’ notice, never retroactive, with the January 1, 2027 new-subscriber exception, and never touching founding paid sellers’ locked $5 / $50.

19.3 Seller advisory group. Before we announce a change to payout or selling terms, we share it with the Classwares seller advisory group for input. The group advises; Classwares makes the final decision.

20. Disputes, law, and venue

20.1 Informal resolution first. Before filing a claim, you agree to email a written description of the dispute to support@classwares.com and to try in good faith to resolve it with us for 30 days. We will do the same before filing a claim against you. Either side may skip this step to seek urgent injunctive relief to protect intellectual property or the security of the service.

20.2 Governing law and venue. These Terms are governed by the laws of the State of Colorado, without conflict-of-law rules that would point elsewhere. Venue is the state courts in Teller County, Colorado, unless a law that cannot be waived says otherwise. Either side may bring an individual claim in small-claims court where it qualifies. These Terms contain no arbitration agreement.

20.3 Jury waiver. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND CLASSWARES EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF THESE TERMS OR THE SERVICE.

20.4 Class-action waiver. TO THE FULLEST EXTENT THE LAW ALLOWS, CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

20.5 Time limit. To the fullest extent the law allows, a claim arising out of these Terms or the service must be filed within one year after it arose, or it is permanently barred.

21. Notices

21.1 Notices to us: support@classwares.com and 1309 Snowshoe Court, Woodland Park, CO 80863.

21.2 Notices to you: the email on the account, or the email given at guest checkout.

22. General

22.1 Entire agreement. These Terms, together with the Privacy Policy, are the whole agreement for use of Classwares between you and HarvestWave, LLC d/b/a Classwares. If a FAQ and these Terms ever differ, these Terms control.

22.2 Assignment. You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. Founding paid sellers’ locked $5 / $50 membership binds any assignee.

22.3 Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including outages of Stripe, hosting, or other third-party services, internet or power failures, attacks on the service, acts of government, and natural events.

22.4 Severability. If a provision is held unenforceable, it will be enforced to the maximum extent allowed, and the rest of these Terms stay in effect.

22.5 No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

22.6 Relationship. These Terms create no partnership, joint venture, employment, agency, or franchise relationship. Sellers are independent contractors (Section 1.1).

22.7 No third-party beneficiaries. Except for the persons named in Sections 15 through 17, these Terms give no rights to anyone other than you and HarvestWave, LLC.

22.8 Interpretation. Headings are for convenience only. “Including” means “including without limitation.”