Terms of Service
Effective Date: January 1, 2025
Last Updated: December 29, 2024
Version: 1.0
1. Agreement to Terms
Welcome to Glow & Grow! These Terms of Service ("Terms") govern your use of the Glow & Grow educational platform (the "Service"). By creating an account or using our Service, you agree to be bound by these Terms.
Important:
- These Terms constitute a legally binding agreement between you and Glow & Grow
- If you do not agree to these Terms, you may not use the Service
- You must be at least 18 years old to create an account
- Only parents or legal guardians may create accounts for children
Contact Information:
2. Eligibility and Account Creation
2.1 Age Requirements
- Parents/Guardians: Must be at least 18 years old
- Students: The Service is designed for children in grades 3-5 (typically ages 8-11)
- Account Creation: Only parents or legal guardians may create accounts
- Parental Responsibility: Parents are fully responsible for their children's use of the Service
2.2 Parent Account Requirements
To create a parent account, you must:
- Provide accurate and complete information
- Be the parent or legal guardian of the child
- Consent to our Privacy Policy
- Maintain the security of your account credentials
- Promptly update any account information that changes
2.3 Student Accounts
- Student accounts are created by parents during signup
- One student account is linked to each parent account
- Students cannot create, modify, or delete accounts independently
- All student activity is visible to the parent
2.4 Account Security
You are responsible for:
- Maintaining the confidentiality of your password
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
- Using a strong, unique password
We are not liable for any loss or damage from unauthorized account access due to your failure to maintain account security.
3. Use of the Service
3.1 Permitted Use
You may use the Service to:
- Access educational content for your child
- Track your child's learning progress
- View reports and analytics
- Manage account settings and preferences
- Communicate with customer support
3.2 Prohibited Uses
You may NOT:
- Use the Service for any illegal purpose
- Violate any laws in your jurisdiction
- Impersonate any person or entity
- Share your account with others
- Attempt to gain unauthorized access to the Service
- Reverse engineer, decompile, or disassemble the Service
- Use automated systems (bots, scrapers) to access the Service
- Remove copyright or proprietary notices
- Interfere with or disrupt the Service
- Collect information about other users
- Use the Service to harm, threaten, or harass others
- Upload malware, viruses, or malicious code
- Attempt to circumvent security measures
- Resell or redistribute the Service without permission
3.3 Children's Use
Children using the Service must:
- Be supervised by a parent or guardian
- Follow all rules and guidelines
- Use the Service only for educational purposes
- Not share personal information publicly
- Not attempt to contact other users
4. Educational Content and AI Features
4.1 Educational Content
- All content is designed for grades 3-5 educational purposes
- Content is provided for personal, non-commercial use only
- We strive for accuracy but do not guarantee error-free content
- Content may be updated or modified at any time
- We do not guarantee specific educational outcomes
4.2 AI-Powered Features
Our Service uses artificial intelligence for:
- Smart Hints: Providing context-appropriate learning hints
- Adaptive Difficulty: Adjusting exercise difficulty based on performance
- Knowledge Gap Detection: Identifying areas needing additional practice
- Exercise Recommendations: Suggesting next exercises
Important Limitations:
- AI features are educational tools, not tutors or teachers
- AI should supplement, not replace, parental guidance
- AI recommendations are not guaranteed to be perfect
- Parents should review AI-generated content
- We are not responsible for decisions made based solely on AI recommendations
4.3 Gamification Features
The Service includes gamification elements:
- Experience points (XP)
- Achievement levels
- Streak tracking
- Badge rewards
These features are designed to motivate learning and do not represent actual academic achievement or educational certification.
5. Intellectual Property Rights
5.1 Our Intellectual Property
All content, features, and functionality are owned by Glow & Grow and are protected by:
- Copyright laws
- Trademark laws
- Patent laws
- Trade secret laws
- Other intellectual property rights
This includes but is not limited to:
- Text, graphics, logos, images
- Software and source code
- Exercises, quizzes, and educational content
- AI algorithms and models
- User interface and design
- Trademarks and service marks
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Service for personal, non-commercial purposes
- View and interact with educational content
- Download materials explicitly marked as downloadable
You may NOT:
- Reproduce, distribute, or create derivative works
- Sell, rent, lease, or sublicense the Service
- Use our intellectual property for commercial purposes
- Remove or modify copyright notices
5.3 User-Generated Content
If you provide feedback, suggestions, or ideas:
- You grant us a perpetual, worldwide, royalty-free license to use them
- We may incorporate your feedback without compensation
- You waive any moral rights in such feedback
- We have no obligation to use your feedback
6. Privacy and Data Protection
6.1 Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which explains:
- What information we collect
- How we use and protect information
- Your rights regarding your data
- Children's privacy protections
6.2 Parental Consent (COPPA)
By creating an account, you:
- Represent that you are the parent or legal guardian
- Provide verifiable parental consent for data collection
- Consent to the collection and use of your child's information as described in our Privacy Policy
- Understand your rights under COPPA to review and delete your child's information
6.3 Data Protection (GDPR)
For European Union users:
- We process data in accordance with GDPR
- You have rights to access, rectify, erase, and port your data
- You may withdraw consent at any time
- See our Privacy Policy for detailed GDPR information
7. Fees and Payment
7.1 Current Pricing
- The Service is currently FREE during beta testing
- We reserve the right to introduce paid features in the future
- We will provide advance notice before implementing fees
7.2 Future Paid Features
If we introduce paid features:
- We will notify you at least 30 days in advance
- You may cancel your account before fees take effect
- Fees will be clearly disclosed
- Payment terms will be provided
- Refund policies will be specified
7.3 No Refunds for Free Service
Since the Service is currently free:
- No refunds are applicable
- We provide the Service "as is" without guarantees
8. Termination
8.1 Termination by You
You may terminate your account at any time by:
- Using the account deletion feature in your dashboard
- Contacting customer support at support@glowandgrow.fun
- Following the account deletion process
Upon termination:
- Your account will be deactivated
- Your child's data will be deleted within 30 days
- You will lose access to all progress and content
- Some information may be retained for legal compliance
8.2 Termination by Us
We may suspend or terminate your account if:
- You violate these Terms
- You engage in fraudulent or illegal activity
- You abuse or harass other users or staff
- You attempt to harm the Service
- We are required to do so by law
- We discontinue the Service
8.3 Effect of Termination
Upon termination:
- Your right to use the Service immediately ceases
- All licenses granted to you terminate
- We may delete your content and data
- Sections of these Terms that should survive will remain in effect
8.4 Survival
The following sections survive termination:
- Intellectual Property Rights
- Disclaimers
- Limitation of Liability
- Indemnification
- Dispute Resolution
9. Disclaimers
9.1 Service "As Is"
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, reliability, or completeness
- Uninterrupted or error-free operation
9.2 Educational Disclaimers
WE DO NOT GUARANTEE:
- Specific educational outcomes or improvements
- Accuracy of all educational content
- Suitability for every child's learning needs
- Compliance with specific educational standards
- That AI recommendations are optimal for every child
9.3 No Professional Advice
The Service does NOT provide:
- Professional educational assessment
- Psychological or developmental evaluation
- Medical, therapeutic, or diagnostic services
- Substitute for qualified teachers or tutors
- Official academic credit or certification
Parents should consult qualified professionals for educational, psychological, or medical concerns.
9.4 Third-Party Services
We are not responsible for:
- Google OAuth service availability or security
- Third-party websites linked from our Service
- Actions of third-party service providers
- Content or practices of third parties
10. Limitation of Liability
10.1 No Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, GLOW & GROW SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, or data
- Loss of use or goodwill
- Business interruption
- Any damages arising from use or inability to use the Service
This applies even if we have been advised of the possibility of such damages.
10.2 Maximum Liability
Our total liability to you for any claims arising from the Service shall not exceed:
- The amount you paid us in the 12 months preceding the claim, OR
- $100 USD (whichever is greater)
Since the Service is currently free, our maximum liability is $100 USD.
10.3 Basis of the Bargain
You acknowledge that:
- These limitations are fundamental elements of our agreement
- We would not provide the Service without these limitations
- These limitations allocate risk between the parties
- You have the opportunity to purchase insurance to protect against potential losses
10.4 Jurisdictional Limitations
Some jurisdictions do not allow limitations on implied warranties or liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Glow & Grow, 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:
- Your violation of these Terms
- Your violation of any law or regulation
- Your violation of any third-party rights
- Your use or misuse of the Service
- Your child's use of the Service
- Any false or misleading information you provide
- Any content you submit or transmit
We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you will cooperate with us in asserting any available defenses.
12. Dispute Resolution
12.1 Informal Resolution
Before filing any formal dispute, you agree to:
- Contact us at legal@glowandgrow.fun
- Describe the dispute in detail
- Allow us 60 days to attempt resolution
- Negotiate in good faith
12.2 Governing Law
These Terms are governed by the laws of [Specify jurisdiction], without regard to conflict of law principles.
12.3 Arbitration (If Applicable)
[If you choose to include arbitration - many educational platforms do not]
Any disputes not resolved informally shall be resolved through binding arbitration in accordance with [Specify arbitration rules].
12.4 Class Action Waiver (If Applicable)
[If arbitration is included]
You agree that disputes will be resolved on an individual basis, not as a class action or consolidated proceeding.
12.5 Exceptions
Either party may bring suit in court to:
- Enforce intellectual property rights
- Seek injunctive or equitable relief
- Address claims of piracy or unauthorized use
13. Modifications to Terms
13.1 Right to Modify
We reserve the right to modify these Terms at any time. When we make changes:
- We will update the "Last Updated" date
- We will notify you via email for material changes
- Continued use after changes constitutes acceptance
13.2 Material Changes
For material changes affecting children's data or privacy:
- We will provide at least 30 days' notice
- We will request renewed parental consent if required
- You may terminate your account if you disagree
13.3 Review Responsibility
You are responsible for reviewing these Terms periodically. If you do not agree to modified Terms, you must stop using the Service and terminate your account.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Glow & Grow regarding the Service.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable:
- That provision will be modified to the minimum extent necessary
- The remaining provisions will remain in full effect
- The invalid provision will be replaced with a valid provision that achieves the same objective
14.3 No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
14.4 Assignment
You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without your consent.
14.5 Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:
- Natural disasters
- War, terrorism, or civil unrest
- Government actions or regulations
- Internet or telecommunications failures
- Pandemics or public health emergencies
14.6 Notices
Notices to you will be sent to the email address associated with your account. You must keep your email address current.
Notices to us should be sent to:
14.7 Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights.
14.8 Headings
Section headings are for convenience only and do not affect interpretation.
15. Children's Safety
15.1 Child Protection
We are committed to child safety:
- We comply with COPPA and other child protection laws
- We do not allow direct communication between children
- We monitor for inappropriate content
- We respond promptly to safety concerns
15.2 Reporting Concerns
If you believe content violates these Terms or endangers children:
- Report immediately to safety@glowandgrow.fun
- Provide specific details and evidence
- We will investigate and respond promptly
15.3 Parental Supervision
Parents are responsible for:
- Supervising their child's use of the Service
- Ensuring age-appropriate use
- Monitoring their child's progress and activity
- Setting appropriate boundaries and time limits
16. Accessibility
We strive to make our Service accessible to all users. If you encounter accessibility barriers:
17. Export Control
You may not use or export the Service in violation of export control laws. By using the Service, you represent that you are not:
- Located in a country subject to U.S. embargo
- Listed on any U.S. government list of prohibited or restricted parties
18. Contact Information
For questions or concerns about these Terms:
Acknowledgment
By creating an account and using Glow & Grow, you acknowledge that:
- You have read and understood these Terms of Service
- You agree to be bound by these Terms
- You are at least 18 years old
- You are the parent or legal guardian of any child using the Service
- You have the authority to accept these Terms on behalf of your child
These Terms of Service are effective as of January 1, 2025.
For the French version of these terms, see: Conditions d'Utilisation (Français)