Terms & Conditions

Last updated: September 2025

1. Acceptance of these Terms

These Terms & Conditions (the “Terms”) govern your access to and use of the ToucanPass website and any related content, products, or services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Service.

2. Who we are

ToucanPass provides self‑paced online study materials that help users prepare for the real estate licensing examination. We are an educational platform only; we do not provide legal, financial, or professional advice, and we are not affiliated with any state licensing authority.

3. Eligibility & accounts

You must be at least 16 years old (or the age of majority in your jurisdiction, if higher) to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

4. Subscriptions, billing, and payments

Access to certain features requires a paid subscription. Fees, billing frequency, and renewal terms are presented at checkout and on the Pricing page. Subscriptions automatically renew until canceled. You can cancel at any time, and your access will continue through the end of the paid period. Unless required by law, payments are non‑refundable.

Payments are processed securely by Stripe, Inc. (“Stripe”). We do not store full payment card numbers on our servers. Your use of Stripe is subject to Stripe’s own terms and privacy policy (stripe.com/legal and stripe.com/privacy).

5. Permitted use

You may use the Service for your personal, non‑commercial study purposes only. You may not (a) copy, distribute, or create derivative works from the content; (b) share your account; (c) reverse engineer or attempt to access source code; (d) interfere with or disrupt the Service; or (e) use the Service for unlawful purposes.

6. Intellectual property

The Service and all content (including videos, quizzes, text, graphics, and trademarks) are owned by ToucanPass or its licensors and are protected by intellectual‑property laws. All rights not expressly granted are reserved.

7. Educational content; no guarantees

Our materials are for educational purposes only. We do not guarantee that using the Service will result in passing an exam or obtaining a license. Requirements vary by jurisdiction and may change without notice. You are responsible for verifying current requirements with your state licensing authority.

8. Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non‑infringement.

9. Limitation of liability

To the fullest extent permitted by law, ToucanPass and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or related to your use of the Service. Our total liability for any claim arising from or related to the Service shall not exceed the amounts you paid to us in the 12 months preceding the event giving rise to the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless ToucanPass from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service or your violation of these Terms.

11. Suspension/termination

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we believe violates these Terms or harms other users, us, or third parties.

12. Changes to the Service or Terms

We may modify the Service and these Terms from time to time. We will post the updated Terms with a new “Last updated” date. If you continue using the Service after the changes become effective, you agree to the revised Terms.

13. Governing law & dispute resolution

These Terms are governed by applicable U.S. federal law and the laws of the state where ToucanPass is headquartered, without regard to conflict‑of‑law principles. Before filing a claim, you agree to attempt to resolve any dispute with us informally by contacting us at the address below. If a dispute is not resolved within 30 days, either party may pursue lawful remedies. You agree to bring claims only on an individual basis and not as a plaintiff or class member in any purported class or representative action.

14. Contact

Questions about these Terms? Contact us. If you write to us, please include your account email and a clear description of your request or concern.