Terms of Service
Effective date: [EFFECTIVE_DATE] Last updated: [LAST_UPDATED_DATE]
These Terms of Service ("Terms") form a binding agreement between you and [COMPANY_LEGAL_NAME] ("we", "us", "our") and govern your use of [PRODUCT_NAME] and any related apps, devices, and services (collectively, the "Service"). Please read them carefully. By creating an account or using the Service you agree to these Terms.
Important: Section 16 contains an arbitration clause and class-action waiver that apply to users in the United States. EU and UK consumers have the rights provided by their local laws, which override these Terms where they conflict.
1. Who may use the Service
1.1 Adults only as account holders
You must be at least the age of legal majority in your country to create an account. By creating an account you confirm that you are the parent or legal guardian of any child you set up in the Service.
1.2 Children's use
A child may use the Service only through a profile you have set up and supervised. As the parent/guardian you remain legally responsible for the child's use. You agree to enforce these Terms with your child.
1.3 Country restrictions
The Service is available in the countries listed at [COUNTRY_LIST_URL]. You are responsible for compliance with the laws of the country from which you access the Service.
2. Your account
- Provide accurate registration information and keep it current.
- Choose a strong password and keep it confidential.
- Don't share your account with anyone other than your spouse/co-parent.
- Notify us promptly at [SECURITY_EMAIL] if you suspect unauthorised access.
- We may suspend or terminate accounts that violate these Terms (see Section 14).
3. The Service — what we provide
We provide an AI-powered learning service for children with parent controls, safety guardrails, and dashboards. We continuously improve the Service: features may be added, changed, or removed. We will give reasonable notice of material removals to paying customers.
The Service is not:
- A replacement for school or a qualified teacher
- A diagnostic or therapeutic tool
- A source of medical, legal, or financial advice
- A 24/7 crisis service. If your child is in danger, contact local emergency services.
4. AI output disclaimer
The Service generates responses using artificial intelligence. AI can occasionally be incorrect, incomplete, or unexpected. We have invested heavily in safety and homework guardrails (described in our AI Disclosure document), but no AI system is perfect. You acknowledge that:
- AI output is provided "as is" for educational purposes
- You and your child should use judgement and not rely on AI output for decisions with real-world consequences
- We will improve safety over time but cannot guarantee zero errors
5. Acceptable use
You agree not to, and not to allow anyone using your account to:
- Use the Service in violation of any law
- Attempt to extract, scrape, or reverse-engineer the Service or its AI models
- Submit content that is unlawful, harmful, threatening, abusive, defamatory, or that infringes any third-party right
- Use the Service to create competing products
- Bypass, disable, or otherwise interfere with safety or homework guardrails
- Use the Service to send spam, malware, or unsolicited communications
- Use bots, automation, or any non-human means to interact with the Service except through documented APIs you are authorised to use
- Misrepresent your identity or impersonate someone else
Full details are in our Acceptable Use Policy, which is incorporated into these Terms.
6. Subscriptions, billing, and free trials
6.1 Plans
Plan tiers, prices, and features are described at [PRICING_URL]. We may change pricing for future billing cycles with at least [PRICING_NOTICE_DAYS, e.g., 30] days' notice; existing subscribers will be notified by email.
6.2 Free trial
We may offer a free trial of [TRIAL_LENGTH, e.g., 14 days]. Unless you cancel before the trial ends, you authorise us to begin charging your chosen plan automatically.
6.3 Recurring billing
Subscriptions auto-renew until you cancel. Charges are taken via [PAYMENT_PROVIDER]. We do not store full card numbers.
6.4 Taxes
Prices may be exclusive of VAT, GST, or sales tax depending on your country. Where required we will collect and remit applicable taxes.
6.5 Cancellation and refunds
You may cancel any time from your account. Cancellation takes effect at the end of the current billing period. Refunds are governed by our Refund Policy.
6.6 EU / UK statutory right of withdrawal
If you are an EU or UK consumer you have a 14-day right of withdrawal from a paid subscription. To exercise it, email [BILLING_EMAIL]. Once you begin using a paid feature within the withdrawal period, you accept that the right is reduced pro-rata for what you have already used.
7. Intellectual property
7.1 Our IP
The Service, including its software, design, brand, prompts, training data, and documentation, is owned by [COMPANY_LEGAL_NAME] or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for personal, non-commercial family use during your subscription.
7.2 Your content
You retain ownership of any content you (or your child) submit. You grant us a worldwide, royalty-free licence to host, process, and display that content only to the extent needed to operate the Service for you. We do not use children's content to train AI models. See the Privacy Policy for details.
7.3 Feedback
If you send us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them for any purpose, without attribution.
7.4 Open source
The Service may include open-source components, listed at [OSS_LICENSE_URL].
8. Privacy
Our Privacy Policy explains how we handle personal data — particularly children's data — and is part of these Terms.
9. Safety reporting
If you encounter a safety concern in the Service — including AI output that you believe is unsafe for a child — please report it to [SAFETY_EMAIL]. We respond to safety reports within [SAFETY_RESPONSE_HOURS, e.g., 48 hours] and prioritise issues that affect children's wellbeing.
10. Third-party services
The Service relies on third-party providers (cloud hosting, AI models, payments). Their terms apply when the Service uses them on your behalf. We are not liable for the acts or omissions of third parties beyond our reasonable control.
11. Disclaimers
EXCEPT AS REQUIRED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW. CONSUMER RIGHTS IN THE EU AND UK ARE UNAFFECTED.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA.
- OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (b) US$100 / €100 / £100.
THESE LIMITS APPLY WHETHER THE CLAIM IS IN CONTRACT, TORT, STATUTE, OR OTHERWISE. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.
13. Indemnity
To the extent permitted by law, you will defend and indemnify us against any third-party claim arising from your or your child's misuse of the Service, your violation of these Terms, or your violation of any law. This does not apply to claims arising from our negligence.
14. Suspension and termination
We may suspend or terminate your access to the Service if you materially breach these Terms (including Acceptable Use), if required by law, or to protect the safety of users. Where reasonable, we will give you notice and a chance to cure. On termination, we will delete personal data per the retention rules in our Privacy Policy.
You may terminate at any time by deleting your account.
Sections that by their nature should survive termination (e.g., IP, disclaimers, limitations of liability, dispute resolution) survive.
15. Changes to these Terms
We may update these Terms. For material changes we will give at least [TOS_NOTICE_DAYS, e.g., 30] days' notice by email and in-product. Continued use after the effective date constitutes acceptance. If you do not agree, you may terminate before the new Terms take effect.
16. Dispute resolution
16.1 US users — arbitration and class-action waiver
If you reside in the United States, you and we agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration under the rules of [ARBITRATION_PROVIDER, e.g., the American Arbitration Association], on an individual basis only. You and we waive any right to a jury trial and to participate in a class action. Either party may bring a small-claims action in lieu of arbitration where eligible. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing [LEGAL_EMAIL] with "Arbitration Opt-Out" in the subject line.
16.2 EU / UK consumers — your statutory rights
EU and UK consumers may bring proceedings in the courts of their country of residence. EU consumers may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
16.3 Governing law
These Terms are governed by the laws of [GOVERNING_LAW_JURISDICTION], excluding conflict-of-laws rules. EU and UK consumer protections that cannot be waived continue to apply.
17. Miscellaneous
- Entire agreement. These Terms, the Privacy Policy, the Acceptable Use Policy, and any plan-specific terms form the entire agreement between you and us regarding the Service.
- Severability. If any part of these Terms is held unenforceable, the rest stays in force.
- No waiver. Our failure to enforce a right is not a waiver of that right.
- Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or successor.
- Notices. Notices to you will be sent to your account email. Notices to us must be sent to [LEGAL_EMAIL] and [COMPANY_POSTAL_ADDRESS].
- Force majeure. Neither party is liable for failure to perform caused by events beyond reasonable control.
18. Contact
- General questions: [SUPPORT_EMAIL]
- Privacy & data requests: [PRIVACY_EMAIL]
- Safety reports: [SAFETY_EMAIL]
- Legal: [LEGAL_EMAIL]
- Postal: [COMPANY_POSTAL_ADDRESS]