College Counseling Made Easy

0. DEFINITIONS

"Counsely," "we," "our," "us." Counsely is a trade name of James Hamilton (sole proprietor).
"Services." All websites, mobile/desktop applications, APIs, emails, and other products or features we operate.
"User," "you," "your." Anyone who accesses or uses the Services.
"User Content." Resumes, essays, profile data, messages, reviews, files, or any material you submit or generate while using the Services.
"AI Output." Drafts, suggestions, analyses, or other content produced by our AI‑powered tools.
"Counselor." An independent contractor offering paid sessions through our platform.
"Affiliate Link." A link that can earn Counsely a commission if you make a purchase.
"Feedback." Any suggestion, idea, or improvement you voluntarily provide about the Services.

PRIVACY & COOKIE POLICY (INCORPORATION BY REFERENCE)

Your use of the Services is also governed by our Privacy & Cookie Policy, which is incorporated into these Terms as though fully set forth herein.

2. ELECTRONIC COMMUNICATIONS CONSENT

By creating an account or using the Services, you consent to receive all notices, disclosures, agreements, and other communications electronically (e‑mail or in‑app), and you agree such communications satisfy any legal requirement that they be in writing (E‑SIGN Act, 15 U.S.C. §7001).

3. ELIGIBILITY, COPPA & PARENTAL CONSENT

You must be 13 years or older to create an account. Users 13–17 may use the Services only with a parent or legal guardian's verifiable consent. Counsely does not knowingly collect personal data from children under 13 (Children's Online Privacy Protection Act, 15 U.S.C. §6501 et seq.). By using Counsely, you affirm you meet these requirements and can lawfully enter into this agreement.

4. U.S.–ONLY ACCESS & EXPORT‑CONTROLS

Counsely is intended for use within the United States. Access from sanctioned countries or by persons listed on U.S. embargo or denied‑party lists is prohibited. You agree to comply with all applicable export‑control and sanctions laws.

5. SERVICES PROVIDED

We provide digital college‑ and career‑planning tools, including (but not limited to):

College matching and filtering
AI‑powered essay tools (editing, review, idea generation, outlines)
Career/personality discovery quiz with course recommendations
Application‑roadmap tracking
Paid counselor booking (embedded via TidyCal)
Résumé generator and AI résumé analysis
Affiliate third‑party platforms for test prep and scholarship opportunities
High‑school curriculum planner
AI assistant named Counsely
Interview Preparation Hub
College list and Admission Strength Index calculator
College details powered by the U.S. College Scorecard

All content is informational and educational only. We do not guarantee admission, job placement, scholarships, or other outcomes, nor do we provide legal, tax, medical, or financial advice.

6. ADMISSION STRENGTH INDEX (ASI)

The Admission Strength Index is an internal scoring tool (1–100 scale) that estimates your admissions‑readiness based on self‑reported data—e.g., GPA, test scores, activities & honors, essay quality, and teacher recommendations.

Estimate only. ASI is a predictive model, not an admissions decision, and may be inaccurate or incomplete.
Self‑reported data. The score reflects the information you enter; errors or omissions will affect accuracy.
No guarantee. A high ASI does not ensure acceptance to any institution. Use it as one of many planning resources.

6A. COLLEGE SELECTIVITY SCORES (CSS)

Counsely assigns each U.S. college or university a Selectivity Score derived from publicly available information such as historical acceptance rates and median standardized‑test scores etc.

Opinion‑based metric. CSS represents Counsely's independent assessment and is not endorsed, sponsored, or reviewed by the institutions referenced.
Public‑data sources. Inputs include—but are not limited to—U.S. Department of Education College Scorecard data.
Informational purpose only. The score is provided "as‑is" to help students compare schools; it should not be the sole factor in any enrollment decision. This score is displayed and open for students to see.
No defamation or disparagement. CSS is calculated by an objective formula applied uniformly and does not constitute a statement of fact regarding educational quality or reputation. Institutions that believe their data is inaccurate may contact support@getcounsely.com for review.

7. ACCOUNT RESPONSIBILITIES & ACCEPTABLE USE

You agree to:

Provide accurate, current information.
Keep your login credentials confidential.
Use the Services only for personal, lawful purposes.

NOT:

Scrape, crawl, or reverse‑engineer the platform
Upload malware or interfere with security
Harass, impersonate, or abuse others
Circumvent geo‑restrictions or rate limits
Use automated tools to extract data
Violate any applicable law

Maintain reasonable security on your devices and promptly notify us of any unauthorized use. We may suspend or terminate accounts that violate these Terms.

8. USER CONTENT, FEEDBACK & LICENSE

You retain ownership of User Content. By submitting it, you grant Counsely a world‑wide, non‑exclusive, royalty‑free license to host, store, process, display, and—at your direction—share it to provide and improve the Services. You represent you have all necessary rights to grant this license.

Feedback License. You grant Counsely a perpetual, irrevocable, royalty‑free, worldwide license to use, adapt, and incorporate any Feedback without compensation or obligation to you.

9. AI TOOLS, AI OUTPUT & LICENSE

AI Output may contain errors, outdated information, or third‑party‑copyrighted fragments. Counsely grants you a non‑exclusive license to use AI Output for any lawful purpose, but you alone are responsible for verifying its accuracy and ensuring compliance with applicable law. AI Output is provided "as‑is," without warranty of originality or fitness for a particular purpose.

10. PAYMENTS, SUBSCRIPTIONS & PROMOTIONS

All payments are processed by Stripe.
Auto‑renewal. Subscriptions renew automatically at the then‑current rate until canceled in your account settings.
Taxes & Fees. Prices exclude applicable taxes, which you are responsible for.
Promotion Codes. Codes apply only to the specified plan and term; unused value does not carry forward.
Price Changes. Subscription price increases will take effect no sooner than 30 days after we email you or post notice in‑app.
No Refunds. All sales are final unless required by law.
We may change pricing at any time, with advance notice for active subscribers.

11. COUNSELOR SESSIONS & INDEPENDENT‑CONTRACTOR STATUS

Booking & Fees. Sessions are scheduled via TidyCal and charged through Stripe.

Revenue Split. Counsely automatically collects 10% of the gross amount (before Stripe/TidyCal processing fees). Counselors receive 90% net of those fees.

Processing Fees & Taxes. Counselors are solely responsible for Stripe/TidyCal processing fees, their own taxes, and any required reporting.

Independent Contractors. Counselors are not employees, agents, or representatives of Counsely. Counsely is not liable for their advice or conduct but welcomes user feedback to maintain quality.

12. AFFILIATE DISCLOSURE

Some outbound links are Affiliate Links. If you click and purchase, Counsely may earn a commission at no extra cost to you. Affiliate cookies operate as described in our Privacy & Cookie Policy.

12A. AFFILIATE PROGRAM TERMS & CONDITIONS

Commission Structure

Annual Plan Referrals: $6.00 (15% of $40 first‑year subscription)
4‑Year Plan Referrals: $14.85 (15% of $99 one‑time payment)

How It Works

Join the Program. Apply through our partner form and get approved.
Get Your Unique Link. Receive a personalized referral link to track your referrals.
Share with Students. Promote Counsely to students who need college guidance.
Earn Commissions. Get paid when referred students purchase a subscription.

Payment Terms & Conditions

Commission Payments: Issued monthly via PayPal or bank transfer.
Minimum Payout Threshold: $25.
Processing Timeline: Payments processed within 30 days after month‑end.
One‑Time Commission Rule: Commission is earned only on the initial subscription purchase. Upgrades or renewals generate no additional commission.
- Annual plan referrals: $6 even if the user later upgrades.
- 4‑Year plan referrals: $14.85 one‑time.

Eligibility Requirements

Must be 18+ years old.
Valid PayPal or U.S. bank account.
Agree to promote Counsely ethically and honestly.
No paid advertising on Counsely‑branded keywords without prior approval.

Prohibited Activities

Self‑referrals or referrals from family members.
Spam or unsolicited email marketing.
False or misleading claims about Counsely services.
Cookie stuffing or fraudulent tracking methods.

Tracking & Attribution

30‑day cookie tracking window.
Last‑click attribution model.
Referrals must complete the purchase within 30 days of clicking your link.
Real‑time tracking dashboard provided.

Program Termination

Counsely reserves the right to terminate affiliate accounts for violations, fraudulent activity, or at its discretion. Upon termination:

Unpaid commissions above $25 will be paid within 60 days.
Access to the affiliate dashboard will be revoked and links deactivated.
No future commissions will be earned.

RELATIONSHIP OF PARTIES

You are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Counsely. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement, including, without limitation, the relationship between you and Counsely.

Changes

This affiliate program is subject to change. We will notify active affiliates of any material changes (e.g., commission rates) in advance.

12B. PARTNERSHIP PROGRAMS

School Partnerships. Educational institutions may integrate our tools and services for student use under separately negotiated agreements. Please email partners@getcounsely.com for more information.
Business Partnerships. Companies may collaborate with Counsely to provide comprehensive college‑preparation solutions and will earn commissions under the same structure, eligibility requirements, payment terms, and prohibited‑activity guidelines outlined in Section 12A (Affiliate Program Terms & Conditions) unless a separate written contract specifies different terms. Partnership terms, pricing, and service‑level commitments are governed by individual written contracts; these Terms apply only to the extent they are not superseded by such contracts.

13. THIRD‑PARTY DATA & API DISCLAIMERS

We use data from College Scorecard, O*NET, Brevo, GoAffPro, OpenAI, Resend, and other providers. Counsely is not endorsed by nor responsible for the accuracy, availability, or uptime of those external services.

14. NO PROFESSIONAL ADVICE

Information provided through the Services is not legal, financial, tax, medical, immigration, or other professional advice. Always consult a qualified professional.

15. DMCA & COPYRIGHT TAKEDOWNS

If you believe content on Counsely infringes your copyright, send a notice compliant with 17 U.S.C. §512(c) to our designated agent:

DMCA Agent – Counsely
Email: support@getcounsely.com

We will investigate and, if necessary, remove or disable the material.

16. SECURITY & DATA‑LOSS DISCLAIMER

We employ industry‑standard safeguards, but no method of transmission or storage is 100% secure. You acknowledge you use the Services at your own risk and that data may be lost or irretrievable.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Counsely and its affiliates from any claims, damages, or expenses (including attorneys' fees) arising from your User Content, your use of the Services, or your violation of these Terms or any law.

18. DISCLAIMERS (INCLUDING BETA FEATURES)

The Services—including any beta, preview, or experimental features—are provided "as‑is" and "as‑available." We disclaim all warranties, express or implied, including fitness, accuracy, and non‑infringement. We do not guarantee uninterrupted, secure, or error‑free operation.

19. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Counsely is not liable for indirect, incidental, special, or consequential damages, or for lost opportunities, admissions, or revenues. Our total liability shall not exceed the greater of (a) $100 or (b) the amounts you paid us in the preceding 12 months.

20. ACCESSIBILITY STATEMENT

Counsely strives to meet the WCAG 2.1 AA accessibility standard. If you experience an accessibility barrier, email support@getcounsely.com and we will work to resolve the issue.

21. FORCE MAJEURE & SERVICE MODIFICATIONS

We are not responsible for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, outages, regulatory changes). We may modify, suspend, or discontinue any Service or feature—including beta features—at any time.

22. TERMINATION & SURVIVAL

You may close your account at any time. We may suspend or terminate your access if you violate these Terms, misuse the Services, or pose a risk to Counsely or others. Upon termination we may delete your data without notice, except as required by law.

Sections 8–10, 11–19, 21–25 survive termination.

23. ASSIGNMENT

We may assign these Terms and any rights or obligations herein as part of a merger, acquisition, or asset sale. You may not assign your rights without our prior written consent.

24. SEVERABILITY, ENTIRE AGREEMENT & NO WAIVER

These Terms (including documents incorporated by reference) constitute the entire agreement between you and Counsely, and supersede all prior oral or written understandings. If any provision is held invalid, the remainder stays in effect. Our failure to enforce a provision is not a waiver.

25. CHANGES TO THESE TERMS

We may update these Terms periodically. Material changes will be announced via email or a prominent notice at least 30 days in advance. Continued use after changes take effect constitutes acceptance.

26. DISPUTE RESOLUTION & GOVERNING LAW

Before filing a claim, email support@getcounsely.com. If unresolved, all disputes will be settled individually by binding arbitration in California under the Federal Arbitration Act.

Opt‑Out. You may opt out of arbitration by emailing support@getcounsely.com within 30 days of your first acceptance of these Terms.

Class‑action and jury‑trial waivers apply.

These Terms and any dispute are governed by the laws of the State of California, excluding its conflict‑of‑law rules.

Counsely Terms of Use