Terms of Service

These Terms of Service (“Terms”) govern your use of the learning platform (“Service”) operated by Kaizly Learning, LLC, a Texas corporation (“we,” “us,” or “our”). By creating an account or using the Service, you agree to these Terms and confirm that you have read them carefully.

1.1. Eligibility. You must be at least 18 years old and the legal guardian of any child whose data you submit. By creating an account you represent that you will supervise all use of the Service by any minor you permit to access it.

1.2. COPPA Compliance. We comply with the Children’s Online Privacy Protection Act. We also prevent any analytics or tracking cookies from firing on child‑directed pages until you give verifiable parental consent. You must provide verifiable parental consent before submitting any personal information about your child. We filter for and delete any answers provided to activities that could be entered by a child resembling personal information.

1.3. Account Information & Authorization to Charge. You agree to provide accurate, complete, and up‑to‑date information, including valid credit card details. By activating an account, you authorize us to charge your card for all fees incurred under your subscription. You are responsible for maintaining the confidentiality of your password and for all activity under your account.

2.1. Personalized Plans. We use a combination of proprietary curricula and artificial intelligence to generate daily learning plans for parents to help their children entering grades 3–8.

2.2. Content Loading & Review. All content and acitivities for each child are loaded to the platform up to five days ahead of their scheduled date and may be available immediately upon signup. You, as the parent or guardian, must review each day’s content before your child may access it. The parent view always displays a “Remove Activity” button; if you do not click that button, the child will automatically gain access on the scheduled date.

2.3. Use Restrictions. Content is for your household’s personal, non‑commercial use only. You may not share, reproduce, distribute, modify, or otherwise exploit any portion of the Service.

2.4. Cautionary Notices.

• Exercise Activities: Require adult supervision. Consult a physician before beginning any exercise. Children should warm up and stop immediately if they feel discomfort.
• Food Activities: Parents must consider food allergies and religious or other dietary restrictions before participation.
• Nature Activities: Require adult supervision. Parents should assess safety and advise children on plant and animal hazards, including allergies.

3.1. Parental Obligations. Kaizly Learning, LLC makes curriculum content available to you in advance and provides tools for you to lock or remove any activity. You accept sole responsibility for (i) pre‑screening all content and activities, (ii) selecting or removing any activities, and (iii) supervising all use of the Service by any minor under your account.

3.2. Assumption of Risk. You understand and assume all risks associated with a child’s use of the Service.

4.1. Free Trial. New subscribers receive a 14‑day free trial. No charges are applied during the trial period.

4.2. Prepaid Subscription (Monthly or Quarterly). We charge the first subscription fee the same day you enroll based on the plan you select, monthly or quarterly. A monthly plan covers the following 30‑day period, and a quarterly plan covers the following 90‑day period. Thereafter, your subscription auto‑renews at the same interval (monthly or quarterly) until you cancel.

4.3. No Refunds. Except as expressly provided herein (e.g., free trial), all fees are non‑refundable. If you cancel mid‑term, you retain access through the end of your paid period but will not receive any prorated refund.

4.4. Cancellation. You may cancel at any time via your account settings. If you cancel, you retain access through the end of your current paid month; no further charges will be incurred.

4.5. Auto‑Renewal Authorization. By selecting a subscription plan and providing payment information, you authorize us to charge your payment method for all fees incurred under your plan, including recurring charges until you cancel.

4.6. Price Changes. We reserve the right to adjust subscription fees or plan features at any time. We will provide at least 30 days’ notice of any material price changes via email or in‑app notification. Changes will take effect at the start of your next billing cycle, and you may cancel before that date to avoid the new pricing.

We implement commercially reasonable administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of your information. In the event of a security incident involving personal information, we will provide any notifications required by applicable law without unreasonable delay.

6.1. Our Ownership. All platform software, content, curricula, graphics, trademarks, and data (including AI‑generated content) are owned or licensed by us and protected by copyright, trademark, and other laws.

6.2. Limited License. We grant you a revocable, non‑exclusive, non‑transferable license to access and use the Service solely for your family’s personal educational purposes.

7.1. Your Submissions. You may upload notes, progress reports, or other materials (“Your Content”). You retain all rights in Your Content but grant us a perpetual, worldwide, royalty‑free license to use, reproduce, and display it to provide and improve the Service.

7.2. Feedback. You may provide feedback on our software, process, and other features at any time. We may use such feedback without restriction or compensation to you.

You agree that you will not:

• Engage in any activities, including uploading, posting, emailing, or transmitting of User‑Generated Content, that:
  • (a) attempt to or do harm to us, the Service, or any others;
  • (b) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or otherwise objectionable; or
  • (c) violate any third‑party right, including intellectual property, privacy, publicity, trade secret, or other proprietary right.
• Reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Service, or install unauthorized software, files, or code on the Service.
• Engage in any activity (other than using specific features like Site Timer or Activity Blocker) that interferes with a user’s access to the Service or its proper operation.
• Access or collect information from the Service using automated means (e.g., scripts, robots, scrapers, spiders).
• Use any meta tags or other “hidden text” utilizing our Trademarks.
• Interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use or access.

9.1. “As‑Is” Service. Your access to and use of the Service is at your sole risk. The Service is provided “as‑is” and “as‑available.” We make no warranties, express or implied, regarding accuracy, reliability, fitness for a particular purpose, or non‑infringement.

9.2. AI Content. While we employ filtering and human review steps, AI‑generated content may occasionally be inappropriate or inaccurate. You acknowledge this risk and agree to review all content in advance as set forth in Section 2.2.

9.3. No Liability for Losses. UNDER NO CIRCUMSTANCES WILL KAIZLY LEARNING, LLC OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND—including personal injury or death—or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages, including lost profits, loss of goodwill, or loss of data, that are directly or indirectly related to:

• Your use of or inability to use the Service;
• Any content or activities provided through the Service;
• Any exercise, food, or nature activities conducted in reliance on the Service; or
• Any unauthorized access to or alteration of Your Content or transmissions.

Educational & Medical Disclaimer. Content is provided for supplemental educational purposes only and is not accredited instruction, medical advice, or a substitute for professional guidance.

10.1. Cap on Liability. To the maximum extent permitted by law, our total liability to you for any claim arising under these Terms is limited to the total subscription fees you paid in the 12 months preceding the event giving rise to liability.

10.2. Exclusion of Damages. We are not liable for indirect, incidental, consequential, special, or punitive damages.

You agree to indemnify and hold us and our officers, directors, employees, and agents harmless from any claim, demand, liability, or expense (including reasonable attorneys’ fees) arising from your use of the Service, your breach of these Terms, or your violation of any third‑party rights.

12.1. By You. You may terminate by canceling your subscription at any time.

12.2. By Us. We may suspend or terminate your access, with or without notice, if (i) you violate these Terms, (ii) you fail to pay amounts due, or (iii) such action is necessary to protect the security or integrity of the Service or to comply with any applicable law or governmental request.

12.3. Survival. Sections 6, 8, 9, 10, 11, 12.3, 13, and 14 survive termination.

13.1. Choice of Law. These Terms are governed by the laws of the State of Texas, without regard to conflict‑of‑law principles.

13.2. Binding Arbitration. Except for claims that may be brought in small‑claims court, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered, at your election, by (a) the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules or (b) JAMS under its Streamlined Arbitration Rules. The arbitration will be held in Dallas County, Texas, or remotely at the arbitrator’s discretion.

13.3. Opt‑out. You may opt out of this arbitration agreement by emailing legal@kaizly.com within 30 days of first accepting these Terms. If you opt out, or if this clause is found unenforceable, the exclusive jurisdiction and venue described below will apply.

13.4. Venue for Court Actions. If the arbitration clause does not apply, any litigation must be filed exclusively in the state or federal courts located in Dallas County, Texas.

13.5. Class‑Action Waiver. Proceedings will be conducted only on an individual basis; no party will participate in a class, consolidated, or representative action.

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, utility or Internet interruptions, or governmental action.

We may update these Terms at any time. For material changes, we will provide at least 30 days’ notice via email or in‑app notification. Continued use after the effective date constitutes acceptance.

16.1. Assignment. We may assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign these Terms without our prior written consent.

16.2. Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

16.3. Waiver. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

16.4. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service.

Our Privacy Policy is incorporated by reference and is available at Privacy Policy. By using the Service, you agree to its terms.

For questions about these Terms, or to send legal notices, contact us at:

• Email: legal@kaizly.com
• Mail: 539 W. Commerce St #3004, Dallas, TX 75208, United States