Version 1.1
Effective Date: July 1, 2026
THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION 14 BELOW
READ THESE TERMS OF USE CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SITE AND APPS PROVIDED BY BACH EDUCATION LLC.
These Terms of Use set forth the agreement between you and Bach Education, Inc. (“Bach”, “we” or “us”) regarding your use of our website at www.bacheducation.com (“Site”) and our Bach mobile applications (“Apps”), specifically, our college matching tool and communication platform for students (“Students”) to explore college options and to communicate directly with college admissions teams (“Colleges”) (collectively, the “Services”). By affiliating with a high school, Students grant their high schools (“High Schools”) limited access to their account, for the purpose of verifying student data. Students may also grant additional access at their discretion.
By clicking an Accept, Register, or similar button or icon, or by accessing, browsing, or using the Services in any manner, you agree to be bound to these Terms and our Privacy Policy, whether or not you registered with the Services. All references to “you” or “your,” as applicable, mean the person who accesses, or uses the Services in any manner, and each of your heirs and assigns (if you are a Student), and each of your employers (if you are a High School or College representative).
Do not use the Services if you do not agree to the Terms. You must be 16 years of age to use the Services. Using the Services does not guarantee college admission. Using the Services does not result in special consideration by Colleges. Please note that the Services contain access to third-party content from Colleges and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you through the Services by Colleges, or their conduct.
To use the Services, you must set up an account and create a Student Profile, College Profile, or High School Profile. We treat the personal information you provide according to our Privacy Policy. You are responsible for maintaining the confidentiality of your password. The Service will not be useful unless you enter accurate information. When you create an account and/or a profile, you represent and warrant that all information is true and correct. We may terminate your account and your Student Profile or College Profile or High School Profile if you enter inaccurate information. All accounts require name, email and phone number.
To set up your Student Profile, you input relevant college matching information such as your GPA, activities, and high school. Your Student Profile may be accessible by your High School representative, if any. Your Student Profile will also be visible to all Colleges who access the Services. We will not share your name with Colleges unless you are matched with them and then swipe right on that College. You may also share additional information directly with Colleges. We do not share your email and mobile phone number with Colleges. Students communicate with Colleges through the Services; therefore, sharing email and phone number is not necessary.
Bach creates college profiles for many schools from public information. To manage your college’s profile (free Bach subscription), and communicate directly with Students (paid Bach subscription), colleges need to set up a College Profile, you input relevant information about your college and its admissions practices into your College Profile. When you set up your account and College Profile, you represent and warrant that you are authorized by the college to do so, and that the information is true and correct.
To set up your High School Profile, you input relevant information about your high school into your High School Profile. When you set up your account and High School Profile, you represent and warrant that you are authorized by the high school to do so, and that the information is true and correct.
Bach may send transactional SMS/text messages (“Transactional SMS Program”) to the mobile telephone number you provide in connection with your use of the Services in the United States. These messages are transactional and relationship-based only and may include, for example:
Messages may be sent using an automatic telephone dialing system, a short code, a 10-digit long code (10DLC), or other long code number. These messages are not promotional in nature.
By requesting that we send you a transactional text message (for example, by requesting a verification code), you consent to receive transactional SMS messages as described in these SMS Terms.
You represent that you are the owner or authorized user of the mobile number you provide and that you are located in the United States. The Transactional SMS Program is intended for U.S.-based mobile carriers only.
If you do not wish to receive transactional SMS messages, you should not provide a mobile number or should follow the opt-out instructions below. Certain features (such as login verification via SMS) may not be available without transactional SMS.
Transactional message frequency will vary based on your use of the Services. For example, you may receive a text message each time you:
Bach does not charge a separate fee for SMS messages, but standard message and data rates may apply from your mobile carrier; and you are responsible for any such charges. If you have questions about your text or data plan, contact your wireless provider.
You may opt out of receiving SMS messages by replying STOP to any Bach text messages.
If you are experiencing issues with the Transactional SMS Program, you may reply HELP to any Bach text message for more information. You can also reach us for assistance at support@bacheducation.com
Delivery of SMS messages is subject to effective transmission by your wireless carrier and is outside of Bach’s control. Accordingly, carriers are not liable for delayed or undelivered messages. If you have questions about your text or data plan, please contact your wireless provider.
The personal information we collect through the Transactional SMS Program is handled in accordance with our Privacy Policy.
Bach may modify or terminate the Transactional SMS Program at any time, consistent with applicable law. Any changes will be effective when we update these SMS Terms within our Terms of Use or otherwise communicate such changes to you. If we materially change the Transactional SMS Program, we will request a new opt-in.
When you create an account and set up a Profile, you agree to follow the Bach Education Acceptable Use Policy in this Section 5 at all times. We reserve the right, but have no obligation or liability, to monitor any interactions between Students and Colleges on the Services. You may submit a complaint or concern about your interactions with a College at support@bacheducation.com. We expect everyone using the Services to adhere to a few basic rules of civility:
WARNING: A VIOLATION OF THESE RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Please notify us immediately upon becoming aware of any violations of this Acceptable Use Policy by sending an email to support@bacheducation.com.
You may close your account and delete your Profile at any time by going to account settings and disabling your account and Profile. We may terminate or suspend your account if you violate these Terms of Use, or for any other reason.
All right, title, and interest in the Services, including the Bach Education buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Your Content and the information in your Profile), third-party web services or third-party content linked to or posted within the Service) (collectively “Service Materials”) are the property of Bach Education, LLC and/or its licensors. The Bach Education name and logo are trademarks and service marks of Bach Education. We retain all right, title, and interest in and to the Service Materials. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Service Materials without our express written permission. If you believe that your copyright is being violated by the Services, you can submit a request for takedown of specific material by filling out the attached Digital Millennium Copyright Act Form.
Subject to these Terms of Use, including our Acceptable Use Policy, we grant you a limited, non-exclusive license to use and access the Service Materials and the Service. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
1. Student and College Content Representations and Warranties. By placing material on the Site or the Apps, including but not limited to posting content or communications to any Profile, message or chat area, or posting text, images, audio files, video clips, or any audio-visual content to the Site or Apps (collectively, “User Content”), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms; and (2) the User Content will not cause injury to any person or entity. Using a name other than your own legal name in association with the submission of User Content is prohibited.
2. Student and College Content License. For all User Content you post, upload, or otherwise make available (in this section - “Provide”) to the Site or Apps, you grant Bach a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in whole or in part, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize Bach to: (i) share the User Content across the Site and the Apps; (ii) include the User Content in a searchable format accessible by users of the Site and Apps; and (iii) place advertisements in close proximity to such User Content. You waive all moral rights with respect to any User Content you Provide to the Site and Apps. You also grant Bach the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you Provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this section are granted without the need for additional compensation of any sort by Bach to you. You agree that you will indemnify, defend, and hold harmless Bach and its officers, directors and employees for all claims resulting from User Content you post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
Colleges also hereby grant each user of the Site and Apps a non-exclusive license to access its User Content through the Site and Apps, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and Apps and under these Terms.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Bach Education, in appropriate circumstances, to suspend or terminate the account any person who is deemed to infringe third-party intellectual property rights, including but not limited to copyright or trademark rights, or to remove material that is deemed to be infringing. If you believe that material on the Services infringes your intellectual property rights, please provide substantially the following information to our Designated Copyright Agent:
Our Designated Copyright Agent can be reached at xxx-xxx-xxxx, or email support@bacheducation.com with the subject line “COPYRIGHT.”
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR DESIGNATED COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. Please also note that, pursuant to Section 512(f) of the Copyright Act and other similar intellectual property laws, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You should consult with your legal counsel prior to sending a request. We reserve the right, in our sole discretion, to suspend or terminate, in appropriate circumstances, the account of a user who is deemed to have infringed a third party’s intellectual property rights, including repeat infringers.
The Website is operated by Bach Education LLC from its offices in the U.S. and governed by U.S. laws.
A. WE ARE PROVIDING YOU THE SERVICES, ALONG WITH SERVICE MATERIALS AND THE OPPORTUNITY FOR STUDENTS TO CONNECT WITH COLLEGES, AND FOR COLLEGES TO CONNECT WITH STUDENTS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BACH EDUCATION LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
B. BACH EDUCATION LLC MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY COLLEGE OR STUDENT OR HIGH SCHOOL OR THIRD PARTY, (ii) ANY COLLEGE OR THIRD-PARTY WEBSITE OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICES, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY COLLEGE OR THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES. BACH EDUCATION LLC MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES.
C. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, BACH EDUCATION LLC WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT BACH EDUCATION LLC SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES
D. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
E. WITHOUT LIMITING THE FOREGOING, BACH EDUCATION LLC’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT PAID TO BACH EDUCATION LLC IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to indemnify, defend, and hold harmless Bach Education, Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns (“Bach Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to use or misuse of the Services by you, your employees, representatives and agents.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and the Bach Parties agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with the Bach Parties as follows:
Initial Dispute Resolution. Most disputes can be resolved without resort to litigation. You can reach our Customer Support Department at support@bacheducation.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our Customer Support Department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Within sixty (60) days after either side has provided notice of a dispute, the party that has provided the notice shall request a remote settlement conference (via telephone or video conference service such as Zoom) that requires personal participation of each party (you and the Bach Parties) and, if represented, each party’s counsel.
Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may submit the matter to the American Arbitration Association (“AAA”) for mediation, and if the matter is not resolved through mediation, it shall be submitted to AAA for binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Site shall be finally settled by binding arbitration administered by AAA in accordance with its Consumer Arbitration Rules and, if applicable, the Supplementary Rules for Multiple Case Filings in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.adr.org ); (b) send one copy of the Demand for Arbitration, plus the appropriate filing fee, to AAA Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (or through AAA WebFile® located at www.adr.org, or at any AAA office); and (c) send one copy of the Demand for Arbitration to:
Bach Education, Inc. c/o
NATIONAL REGISTERED AGENTS, INC.
1209 ORANGE STREET
WILMINGTON, DE 19801
ATTENTION: LEGAL
You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in Travis County in the State of Texas, United States of America, and you and the Bach Parties agree to submit to the personal jurisdiction of any federal or state court in Travis County, Texas, to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THE BACH PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.
Exception. Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to arbitrationoptout@bacheducation.com with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) the first date that you used the Site that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, the Bach Parties also will not be bound by them.
Changes to This Section. Any changes to this section will be made in the same manner as described in the Modifying these Terms section above; however, such changes will only become effective sixty (60) days after the revised Effective Date of these Terms and only will apply prospectively to claims arising after the sixtieth (60th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Mandatory Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Site.
Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your account or the Site or Services.