Effective Date: [DATE]
These Terms of Service (“Terms”) govern your access to and use of [APP NAME], an educational spelling application operated by [COMPANY NAME] (“we,” “us,” or “our”). By accessing or using our website at [WWW.EXAMPLE.COM] or our application (collectively, the “Service”), you agree to be bound by these Terms.
If you do not agree to these Terms, do not use the Service.
If you create a parent account and add child profiles, you represent and warrant that:
You represent that all information you provide to us is accurate, complete, and current. You agree to update your information promptly if it changes.
To use certain features of the Service, you must create an account by providing a valid email address. We will authenticate your account using a one-time passcode sent to that email address.
You are responsible for:
You may delete your account at any time through your account settings or by contacting us. Upon deletion, your personal information will be handled as described in our Privacy Policy.
We may suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms. We may also discontinue the Service entirely at any time.
The Service is provided for personal, non-commercial educational use. You may use the Service to practice spelling and track learning progress for yourself or children under your care.
You agree not to:
The Service, including its design, text, graphics, logos, icons, software, and all other content, is owned by [COMPANY NAME] or our licensors and is protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes in accordance with these Terms.
You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service or its content without our prior written permission.
If you provide us with suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation to you.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
The Service is an educational tool designed to supplement learning. It is not a substitute for formal education, professional instruction, or individualized educational assessment.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, [COMPANY NAME] AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE DISCLAIMERS AND LIMITATIONS IN SECTIONS 6 AND 7 REFLECT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL BASIS OF THE AGREEMENT BETWEEN US. THE SERVICE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.
You agree to indemnify, defend, and hold harmless [COMPANY NAME] and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Before initiating any formal dispute proceeding, you agree to contact us at [PRIVACY@EXAMPLE.COM] and attempt to resolve the dispute informally for at least 30 days.
If we cannot resolve a dispute informally, you and [COMPANY NAME] agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except as set forth below.
The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules, or by another arbitration provider mutually agreed upon. The arbitration will take place in San Francisco, California, or at another location mutually agreed upon. The arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND [COMPANY NAME] AGREE THAT EACH PARTY 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.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
You may opt out of the arbitration and class action waiver provisions by notifying us in writing within 30 days of first accepting these Terms. Send your opt-out notice to [PRIVACY@EXAMPLE.COM] with the subject line “Arbitration Opt-Out” and include your name and email address associated with your account.
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and [COMPANY NAME] regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision or any other provision in the future.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
We may provide notices to you via email to the address associated with your account or by posting on the Service. You may provide notices to us at [PRIVACY@EXAMPLE.COM].
We may modify these Terms at any time. If we make material changes, we will notify you by email (for account holders) and by posting a notice on our website. Your continued use of the Service after such notice constitutes acceptance of the modified Terms.
If you do not agree to the modified Terms, you must stop using the Service and delete your account.
If you have questions about these Terms, please contact us:
Email: [PRIVACY@EXAMPLE.COM]
[COMPANY NAME]
San Francisco, California, USA
Last updated: [DATE]