Terms of Service

These Terms of Service govern all training, courseware, lab, cyber range, exam voucher and related services provided by Applied Technology Academy, LLC dba Applied Technology Academy (ATA), a Florida limited liability company ("ATA," "we," "us"), to the organization or individual that orders them ("Customer," "you").

By signing or submitting an order that references these Terms, clicking "Accept," registering for a course, or accessing or using the Services, you confirm that you have read and agree to these Terms as posted at appliedtechnologyacademy.com on the date of your order.

The Services are intended for professional and workforce-development use and are not offered to anyone under 18 years of age.

1. Definitions

Capitalized terms have the following meanings:

"Affiliate" means any entity that controls, is controlled by, or is under common control with a party.

"Agreement" means the Order, these Terms, and any document expressly incorporated by reference.

"Confidential Information" means non-public information disclosed by one party ("Discloser") to the other ("Recipient") that is marked confidential or that a reasonable person would understand to be confidential, including product, pricing, customer, technical and lab information and the negotiated terms of the Agreement. It excludes information that the Recipient (a) developed independently, (b) received from a third party without restriction, (c) already knew without a duty of confidentiality, or (d) that becomes public through no fault of the Recipient.

"Courseware" means all instructional materials, slides, student and instructor guides, labs, cyber range environments, virtual machines, scripts, exercises, assessments, recordings and software that ATA provides or makes accessible as part of the Services.

"Deliverables" means materials prepared specifically for you and expressly identified as Deliverables in an Order, such as a custom curriculum or skills-gap assessment report. Courseware is not a Deliverable. If an Order lists no Deliverables, there are none.

"Intellectual Property" means patents, copyrights, trademarks, trade secrets, software, source code, and all other proprietary rights.

"Order" means any quote, proposal, registration, purchase order accepted by ATA, task order, or online checkout that describes the Services you are buying.

"Participant" means each individual you enroll or authorize to attend or access the Services.

"Personal Data" means information that identifies or can reasonably be linked to an individual, and any information treated as personal data, personal information, or PII under applicable law.

"Representatives" means a party's officers, directors, employees, contractors, instructors, Affiliates, suppliers and agents.

"Services" means the instructor-led (in-person, virtual or onsite), self-paced, hybrid, custom, cyber range and related training services, plus any exam vouchers, subscriptions and Third-Party Offerings, described in an Order. Services delivered over a defined term are "Recurring Services"; all others are "One-Time Services."

"Third-Party Offerings" means courseware, labs, platforms, certification exams and vouchers supplied by third parties (for example, certification bodies and training partners) that ATA resells or delivers.

2. Services

2.1 Performance. Subject to your compliance with the Agreement, ATA will provide the Services in a professional and workmanlike manner, using qualified instructors, and in accordance with applicable law.

2.2 Scheduling and Delivery. Public classes are offered on a space-available basis. ATA may cancel or reschedule a class, change its delivery format (for example, from in-person to live virtual), substitute a qualified instructor, or change its location if minimum enrollment is not met or circumstances make delivery impracticable. ATA will give as much notice as reasonably possible. If ATA cancels a class and you do not accept a rescheduled date or alternative, ATA will refund the fees paid for that class, which is your sole remedy.

2.3 Certification Exams. Unless an Order says otherwise, ATA does not guarantee that any Participant will pass a certification exam or obtain a certification, clearance, job, or promotion. Exams are administered by third parties under their own policies.

2.4 Courseware Updates. ATA may update, replace, or retire Courseware, lab environments and platforms to keep content current with industry standards and exam objectives, provided the change does not materially reduce the Services you purchased.

2.5 Disclaimer. Except as expressly stated in the Agreement, the Services are provided "as is," and ATA and its Representatives disclaim all other warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing or usage of trade. ATA does not warrant that online Services, labs or cyber ranges will be uninterrupted or error-free, and is not responsible for failures of the internet, your networks or equipment, or other systems outside its reasonable control. The Services are educational and do not constitute legal, compliance, security-assessment or other professional advice.

3. Customer Responsibilities

3.1 General. You are responsible for keeping your account, billing and Participant information accurate and secure, for determining that the Services suit your needs, and for ensuring your Participants follow the Agreement. You will not, and will not allow anyone to: (a) copy, modify, translate or create derivative works of the Courseware; (b) record, photograph, or redistribute classes or Courseware without ATA's written consent; (c) reverse engineer or attempt to access the source code of any software or platform; (d) share login credentials or seats, or sell, lease, or transfer the Services to a third party; or (e) use the Services beyond the scope of your Order.

3.2 Acceptable Use of Labs and Cyber Ranges. Offensive security techniques, tools and exploits taught in the Services may be used only within ATA-provided lab or range environments, or against systems you own or are expressly authorized in writing to test. Participants may not use lab access to attack, scan, or disrupt any third-party system, store unlawful content, mine cryptocurrency, or circumvent environment controls.

3.3 Onsite Delivery. For classes held at your facility, you will provide a suitable training room, network access, equipment as specified in the Order, and any security or facility access needed by ATA instructors. You are responsible for site safety and for any badge, escort, or clearance requirements.

3.4 Compliance. You are responsible for your own compliance with laws applicable to you, including export control and data privacy laws.

3.5 Suspension. ATA may suspend a Participant's or your access to the Services without liability if ATA reasonably believes that: (a) the Services are being used in violation of the Agreement or law, or in a way that could harm ATA, its partners, or other customers; (b) your account has been accessed or compromised by an unauthorized party; (c) you fail to cooperate with a reasonable investigation of a suspected violation; (d) suspension is required by law or a government authority; or (e) the Agreement has expired or been terminated. ATA will restore access promptly once the cause is resolved.

4. Privacy and Data Protection

4.1 Use of Personal Data. ATA will use and disclose Participant Personal Data only to provide the Services (including registering Participants with third-party courseware, lab, and exam providers), to issue certificates of completion, to meet contractual reporting obligations, and as required by law. ATA handles Personal Data as described in its Privacy Policy at [appliedtechnologyacademy.com/privacy-policy].

4.2 Mutual Obligations. Each party will process Personal Data in accordance with applicable data protection laws and will maintain, and require its processors to maintain, reasonable administrative, technical and physical safeguards. Each party will reasonably assist the other in responding to any inquiry, claim, or proceeding alleging a breach of data protection law arising from the Agreement. If ATA processes Personal Data as your processor, the parties will sign a separate data processing addendum.

4.3 Controlled Information. Unless an Order expressly provides otherwise, you will not provide ATA, or upload to any ATA lab or platform, classified information, Controlled Unclassified Information (CUI), export-controlled technical data, or protected health information. Custom courses built on such information require a separate written agreement that addresses its handling.

4.4 Email. You acknowledge that routine communications about the Services may be sent by unencrypted email over the public internet.

5. Intellectual Property

5.1 Pre-Existing IP. Each party keeps ownership of the Intellectual Property it owned or developed before or independently of the Services. If you provide ATA with your own materials, data or branding ("Customer IP"), you grant ATA a limited, non-exclusive, royalty-free, non-transferable license, for the term of the applicable Order, to use Customer IP solely to provide the Services. You represent that you have the rights needed to grant this license and that ATA's permitted use will not infringe any third party's rights.

5.2 ATA IP and License. Except for Customer IP and unless an Order states otherwise, ATA owns all Courseware, Deliverables, and Intellectual Property created in providing the Services. Upon full payment, ATA grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (a) use Deliverables, and (b) during the term of the Order, use Courseware, each solely for your internal training purposes. Participants may keep personal copies of student materials provided to them for their own reference.

5.3 Custom Development. If an Order provides for custom course development, ownership of and license rights in the custom content will be as stated in that Order. Absent such a statement, Section 5.2 applies.

5.4 Third-Party Offerings. Third-Party Offerings are subject to their providers' license terms, policies and exam rules, which you and your Participants must follow. You may not transfer, copy, modify, reverse engineer, or remove proprietary notices from Third-Party Offerings except as their licenses allow. ATA makes no warranty for Third-Party Offerings other than that ATA is authorized to resell or deliver them. Exam vouchers are subject to the issuing body's expiration, retake and transfer rules.

5.5 Open Source. Open-source software included in labs or Courseware is governed by its own license, which controls if it conflicts with these Terms.

5.6 Infringement. If the Services or a Deliverable infringe a third party's intellectual property rights and ATA determines that it cannot reasonably obtain the right to continue providing them or modify them to be non-infringing, ATA may terminate the affected Order on 30 days' notice and refund prepaid fees for undelivered Services (prorated for any affected Deliverable). This is ATA's sole liability for such termination.

6. Fees, Payment and Cancellation

6.1 Fees. You will pay the fees stated in your Order. Unless the Order states otherwise, invoices are due within 30 days of the invoice date. If you pay by credit card, ATA may charge your card on or after the invoice date. Invoices not disputed in writing within 90 days of the invoice date are deemed accurate. You are responsible for any wire or bank fees.

6.2 Late Payment. If an undisputed amount is more than 15 days past due, ATA may, after giving written notice and making reasonable collection efforts, suspend the Services and declare all unpaid fees immediately due. ATA may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable costs of collection.

6.3 Course Cancellations. Cancellation requests must be submitted in writing by email to info@appliedtechac.com. The cancellation fee and refund depend on how far before the course start date the request is made:

Postponement and Rescheduling. If you move to a later class date instead of cancelling, a postponement fee of 25% applies to requests made less than 3 weeks before the course start date. Requests made more than 3 weeks in advance carry no postponement fee.

Physical and Digital Product Returns.

• Unopened physical products are eligible for a full refund within 30 days of shipment.
• Defective items will be replaced with a new shipment of the same product.
• Opened or accessed items are not eligible for a cash refund, but may be exchanged for an item of equal or lesser value, subject to a $100 restocking fee per item.
• Course bundle components and digital e-Keys are non-refundable.

Other Conditions. Exam vouchers are non-refundable. Florida students and self-pay students are governed by the refund terms in their signed Student Enrollment Agreement, which control over this Section. Return requests must also be submitted in writing to info@appliedtechac.com. This Section reflects ATA's Refunds and Returns policy.

6.4 Dedicated and Onsite Classes. Cancellation and rescheduling terms for private, onsite, or custom classes are as stated in the Order. If the Order is silent, cancellation within 15 business days of the start date incurs a fee of 50% of the class price plus any non-refundable travel and Third-Party Offering costs ATA has incurred.

6.5 Subscriptions and Recurring Services. Fees for Recurring Services are payable in advance for each term and are non-refundable except as stated in the Agreement.

6.6 Price Changes. ATA may change its list prices at any time by notice under Section 11. For an Order that is in effect, new rates apply only from the next renewal term and will not increase by more than 5% over the prior term's rates. If a third-party supplier raises the price ATA pays for a Third-Party Offering included in a Recurring Service, ATA may pass through the same percentage increase on 60 days' written notice.

6.7 Taxes. Fees exclude sales, use, value-added, and similar taxes. You will pay applicable taxes or provide a valid exemption certificate before invoicing. Payments will be made without deduction except for withholding taxes you are legally required to withhold, in which case you will provide ATA with proof of payment.

6.8 GI Bill and Other Funded Participants. For individuals using VA education benefits or other third-party funding, the individual is responsible for payment to ATA and for obtaining any reimbursement from the funding source, unless ATA has agreed in writing to a different arrangement.

7. Term and Termination

7.1 Term. The Agreement starts on the earlier of your first Order or first use of the Services and continues until all Orders have ended or the Agreement is terminated. Unless an Order states otherwise, each Recurring Service renews automatically for successive 12-month terms unless either party gives written notice of non-renewal at least 45 days before the current term ends.

7.2 Termination for Breach. Either party may terminate the Agreement or an affected Order on written notice if the other party materially breaches it and, where the breach can be cured, fails to cure it within 30 days after receiving written notice describing the breach.

7.3 Non-Payment. If an undisputed amount remains unpaid 10 days after ATA suspends the Services under Section 6.2, ATA may terminate the Agreement or the affected Order(s) on written notice.

7.4 Insolvency. Either party may terminate on written notice if the other becomes insolvent, makes an assignment for the benefit of creditors, enters bankruptcy or liquidation, or ceases to do business. In that case all unpaid fees for Services delivered become immediately due.

7.5 Effect of Termination. On termination for any reason: (a) all licenses granted to you end, except your license to Deliverables you have paid for in full; (b) you and your Participants will stop using the Services and delete or return Courseware, access credentials, and ATA Confidential Information; and (c) you will pay all amounts due for Services provided through the termination date.

8. Confidentiality

8.1 Obligations. The Recipient will use the Discloser's Confidential Information only to perform or receive the Services or exercise its rights under the Agreement, and will protect it with at least reasonable care. The Recipient may disclose it only (a) to its Representatives who need to know it and are bound by confidentiality obligations at least as protective as these; or (b) as required by law, subpoena, or court order, after giving the Discloser at least 7 days' prior written notice where legally permitted.

8.2 Usage Data. ATA may collect data about use of its websites, platforms and labs and use it to operate and improve the Services. ATA may share such data only in aggregated, de-identified form that does not identify you or any Participant.

8.3 Duration. These obligations continue for 3 years after the Agreement ends, and for trade secrets, for as long as they remain trade secrets.

9. Limitation of Liability

9.1 Cap on Direct Damages. Except for liability that cannot be limited by law (including death or bodily injury caused by negligence, fraud, or willful misconduct), the total liability of ATA and its Representatives arising out of or relating to the Agreement or the Services, under any legal theory, will not exceed the fees you paid for the specific Services giving rise to the claim during the 12 months before the event that caused it.

9.2 Exclusion of Indirect Damages. Except for a party's breach of Section 8 (Confidentiality) or your obligations under Section 3.2 (Acceptable Use), neither party or its Affiliates or Representatives will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, business opportunity, or goodwill, even if advised of their possibility. Neither party is liable for losses the other party could have avoided with reasonable diligence.

9.3 Service Credits. If ATA materially fails to deliver Services under Section 2, your sole and exclusive remedy is, at ATA's option, re-performance of the Services or a credit or refund of the fees paid for the undelivered Services, up to 100% of those fees. No credit is due while you are in breach of the Agreement, or where the failure was caused by your act or omission.

10. Indemnification

10.1 By Customer. You will defend ATA, its Affiliates, and their Representatives against any third-party claim arising from: (a) your or your Participants' gross negligence, willful misconduct, or violation of law; (b) misuse of the Services, labs, or offensive security techniques in breach of Section 3; (c) Customer IP; or (d) your breach of the Agreement. You will pay the reasonable defense costs (including attorneys' fees) and any damages, fines, or settlement amounts resulting from the claim. This obligation covers anyone you gave access to the Services and anyone who gains access through your failure to take reasonable security precautions.

10.2 By ATA. ATA will defend you against any third-party claim that Courseware or Deliverables created by ATA, as delivered and used in accordance with the Agreement, infringe that party's U.S. intellectual property rights, and will pay the resulting damages or approved settlement. This does not apply to Third-Party Offerings, Customer IP, or modifications or combinations not made by ATA.

10.3 Procedure. The indemnified party will promptly notify the indemnifying party of the claim, give it control of the defense through reasonably selected counsel, and reasonably cooperate. The indemnifying party will not settle any claim that imposes obligations on the indemnified party without its consent, which will not be unreasonably withheld, conditioned, or delayed.

11. Notices

Routine communications about the Services should go to your ATA account representative or info@appliedtechac.com. Legal notices (breach, termination, indemnification, or disputes) must be sent by email and by certified mail or nationally recognized courier to:

Applied Technology Academy, Attn: Contracts, 2151 W. Hillsboro Blvd., Suite 210, Deerfield Beach, FL 33442, contracts@appliedtechac.com.

ATA will send routine and legal notices by email to the contact(s) designated on your account or Order. A notice is effective when delivered, or at the start of the next business day if delivered outside a business day. For counting notice periods, the day of receipt counts as day one.

12. Publicity

Unless an Order states otherwise or you opt out in writing, ATA may identify you as a customer by name and logo in customer lists, proposals, past-performance references, and marketing materials. ATA will obtain your written consent before issuing a press release or case study about you. You may not use ATA's name, logo, or trademarks, or issue publicity about the Agreement, without ATA's prior written consent. For U.S. government customers, ATA will not imply government endorsement and will comply with applicable endorsement restrictions.

13. Assignment and Subcontractors

Neither party may assign the Agreement or any Order without the other's prior written consent, except that either party may assign it, on notice, to an Affiliate or to a successor in a merger, acquisition, reorganization, or sale of all or substantially all of the assets or business to which the Agreement relates. Assignment of government contracts remains subject to applicable federal novation rules. ATA may use qualified subcontracted instructors, Affiliates, and training partners to perform the Services and remains responsible for their performance as if it were its own.

14. Force Majeure

Neither party is in breach for any failure or delay caused by events beyond its reasonable control, such as natural disasters, hurricanes, widespread power or internet outages, epidemics, war, terrorism, civil unrest, labor actions, government shutdowns or orders, or failures of third-party platforms ("Force Majeure"). The affected obligations are suspended while the event continues, provided the affected party promptly notifies the other in writing and uses reasonable efforts to resume performance. Force Majeure does not excuse obligations relating to confidentiality, Intellectual Property, or payment of amounts due. If a Force Majeure event prevents delivery of a class for more than 30 days, either party may cancel the affected Services and ATA will refund prepaid fees for Services not delivered, less non-refundable Third-Party Offering costs.

15. Governing Law and Dispute Resolution

15.1 Governing Law. The Agreement is governed by the laws of the State of Florida, without regard to conflict-of-laws principles, and by applicable U.S. federal law, including the Federal Arbitration Act. The UN Convention on Contracts for the International Sale of Goods does not apply.

15.2 Informal Resolution. Before starting arbitration, the party raising a dispute will send written notice describing it, and senior representatives of both parties will negotiate in good faith for at least 30 days.

15.3 Arbitration. Any unresolved dispute arising out of or relating to the Agreement, other than a claim for immediate injunctive relief or to collect undisputed fees, will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in Broward County, Florida. The arbitrator will issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction. The existence, content, and outcome of the arbitration are confidential, except as needed to enforce the award or as required by law.

15.4 Venue. Any court action permitted under the Agreement will be brought exclusively in the state or federal courts located in Broward County, Florida, and each party consents to their jurisdiction. ATA may enforce a judgment or award in any jurisdiction where you have assets.

15.5 No Class Actions; Jury Waiver. Claims may be brought only in an individual capacity, not as a class or collective action. To the extent permitted by law, each party knowingly and voluntarily waives any right to a jury trial in any proceeding relating to the Agreement.

15.6 Time Limit and Fees. Any claim must be brought within two years after it accrues. The prevailing party in any proceeding is entitled to recover its reasonable attorneys' fees and costs.

16. U.S. Government Customers

If the Customer is a U.S. federal government agency, or if Services are ordered under a federal contract, a GSA Multiple Award Schedule (MAS) contract, a BPA, or a task order (each a "Government Contract"), then:

The Government Contract, including its clauses under FAR 52.212-4 and, for GSA orders, GSAR 552.212-4, controls over these Terms.

Any provision of these Terms that is inconsistent with federal law, or that the Government Contract renders unenforceable against the government, does not apply to the government, including provisions on automatic renewal, indemnification by the government, governing law and venue, arbitration, jury waiver, unilateral changes to terms or prices, late-payment interest beyond the Prompt Payment Act, recovery of attorneys' fees, and deemed acceptance of terms by use.

Disputes will be resolved under the Contract Disputes Act (41 U.S.C. §§ 7101–7109).

Prices are as stated in the Government Contract, and payment terms follow the Prompt Payment Act.

For state and local government customers, these Terms apply except to the extent they conflict with laws binding that customer, in which case the applicable law controls and the remaining Terms stay in effect.

17. Miscellaneous

17.1 Updates to These Terms. ATA may update these Terms by posting a new version on its website. An updated version applies to (a) Orders placed after it is posted, and (b) Recurring Services from their next renewal date. It does not change the terms of an Order already in effect for its current term.

17.2 Order of Precedence. If documents conflict, they govern in this order: a Government Contract (where Section 16 applies); the Order; then these Terms. Pre-printed terms on your purchase orders, vendor-registration portals, or other business forms are void, even if ATA accepts or signs them, unless ATA expressly agrees to them in a signed writing that references these Terms.

17.3 Amendments and Waiver. The Agreement may be amended only in a writing signed by authorized representatives of both parties, except that an Order may be amended to add, change, or remove Services by an exchange of emails expressly consenting to the change. A failure or delay in enforcing a right is not a waiver.

17.4 Severability. If any provision is held unenforceable, it will be modified to the minimum extent needed to make it enforceable, and the rest of the Agreement remains in effect.

17.5 Relationship. The parties are independent contractors. Neither is the agent, partner, or joint venturer of the other or may bind the other.

17.6 Survival. Sections 2.5, 4, 5, 6 (as to amounts owed), 7.5, 8, 9, 10, 11, 15, 16, and 17, and any other provision that by its nature should survive, survive termination or expiration.

17.7 Entire Agreement. The Agreement is the parties' complete and exclusive agreement on its subject matter and supersedes all prior or contemporaneous proposals, representations, and understandings, written or oral. Headings are for convenience only.