SpellingJoy Terms of Service

1. Acceptance of the Terms of Service

These Terms of Service ("Terms") are a legally binding agreement between you and Veloris, LLC, a Delaware limited liability company doing business as SpellingJoy ("SpellingJoy," "we," "us," or "our"). SpellingJoy operates the website located at spellingjoy.com and all related services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

You are also agreeing to SpellingJoy's Privacy Policy, which explains what information we collect from you and how we protect it.

School districts and LEAs: If your school district or LEA has entered into a DPA with SpellingJoy (including through the Student Data Privacy Consortium), the DPA governs the collection, use, and protection of student data and controls over these Terms to the extent of any conflict. Teachers and staff accessing the Service under a district DPA are bound by the terms of that DPA with respect to student data.

TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE OF THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION AND FULLY ABLE AND COMPETENT TO ENTER INTO, ABIDE BY, AND COMPLY WITH THESE TERMS. IF YOU ARE USING THE SERVICE ON BEHALF OF A SCHOOL, SCHOOL DISTRICT, OR OTHER ORGANIZATION, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS.

EDUCATIONAL INSTITUTIONS AND INSTRUCTORS UTILIZING THE SERVICE WITH MINORS OR STUDENTS ARE REQUIRED TO ENSURE THAT SUCH USE COMPLIES WITH ALL APPLICABLE FEDERAL AND STATE PRIVACY LAWS AND REGULATIONS, INCLUDING FERPA, COPPA, AND ANY APPLICABLE STATE STUDENT DATA PRIVACY LAWS, AS WELL AS THESE TERMS.

2. Privacy Policy

Please review our Privacy Policy, which also governs your use of the Service. By using the Service, you acknowledge the collection and use of information as described in the Privacy Policy. For users accessing the Service through a school or school district with an active DPA, the DPA controls the handling of student data to the extent of any conflict with the Privacy Policy.

3. Changes to the Terms of Service

We may update these Terms from time to time. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or through the Service.

For individual users: Your continued use of the Service after the posting of revised Terms constitutes your acceptance of the changes.

For school districts with active DPAs: We will provide at least fifteen (15) days' advance written notice before any material changes to these Terms take effect with respect to student data. If a school district objects to a material change, the district may terminate the DPA in accordance with its terms.

4. Account Access and Security

We may withdraw or amend the Service, and any related service or content, or restrict access (including by means of cancellation, termination, modification, or suspension of a user account) to all or certain users at any time in our sole discretion and without notice, except as otherwise required by an applicable DPA.

To access certain features of the Service, you may be asked to create an account or provide registration details. It is a condition of your use of the Service that all information you provide is correct, current, and complete.

Teacher authentication: Teachers sign in using a one-time passcode ("OTP") sent to their email address, or through Google OAuth single sign-on. SpellingJoy does not store or manage teacher passwords.

Student authentication: Students access the Service through a class code provided by their teacher and authenticate using a system-generated session token (UUID). Students do not create accounts, enter email addresses, or use passwords.

You are responsible for safeguarding any authentication credentials associated with your account, including class codes. You must not share class codes or other access credentials with unauthorized individuals.

We reserve the right to change your display name if we deem it offensive, misleading, potentially infringing on the rights of any third party, or in violation of these Terms.

5. System Requirements

Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (such as a modern web browser). The performance of the Service may be affected by these factors. SpellingJoy is not responsible for any third-party hardware, software, or connectivity issues that may affect your use of the Service.

6. Intellectual Property Rights

The Service, including all content, features, and functionality thereof (including but not limited to all information, software, text, displays, images, audio, and the design, selection, and arrangement thereof), are owned by SpellingJoy, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are permitted to use the Service for your personal, non-commercial use or for legitimate educational purposes in accordance with these Terms.

You agree that you will not: (i) modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human-readable form any of the contents of the Service not intended to be so read; (ii) copy, rent, lease, distribute, or otherwise transfer any rights granted herein; (iii) remove any proprietary notices or labels on the Service; (iv) use the Service for commercial or business purposes not expressly permitted; or (v) engage in any activities through or in connection with the Service that seek to attempt to or do harm to any individuals or entities.

You may not reproduce, resell, or distribute the Service or any reports or data generated by the Service for any purpose unless you have been specifically permitted to do so under a separate agreement with SpellingJoy. Nothing in these Terms restricts a school's or teacher's right to access, export, or use student education records as permitted by FERPA and any applicable DPA.

7. Additional Terms by User Type

Students

If you are a student accessing the Service at the invitation of a teacher or other school official, the following terms apply to you:

• Only students who have been invited by their teacher, school, or district may use the Service, unless the student is 18 years of age or older.
• Students access the Service via class codes provided by their teacher. No email address is required and no passwords are used.
• Students provide only their first name and, at the teacher's discretion, an optional last initial. Students may also select an avatar (shape and color).
• Student activity and progress data is visible only to the teacher(s) associated with the student's class(es).
• SpellingJoy does not collect student email addresses, phone numbers, home addresses, dates of birth, photographs, or any other sensitive personal information from students.

Teachers and Educators

If you are a teacher, aide, trainer, or other school personnel accessing the Service on behalf of a school or educational institution, the following terms apply to you:

• You understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personal information from children under 13 without verifiable parental consent or consent from the child's school.
• You acknowledge and agree that you have obtained consent from your school or institution ("School Consent") to allow children under 13 to use the Service in compliance with COPPA, FERPA, and any applicable state student data privacy laws.
• You agree that you are acting on behalf of (or have permission from) your institution to enter into these Terms and to use the Service as part of your educational activities.
• You agree that you are responsible for maintaining and monitoring the accuracy of the roster of students within your classes, including removing students who are no longer enrolled.
• You acknowledge and agree that, to protect the privacy and security of student data, SpellingJoy will process deletion requests for student data only when such requests originate from the teacher's account associated with that student, from an authorized school or district administrator, or as required by law or an applicable DPA.

8. FERPA and Student Data

Certain information that may be provided to SpellingJoy by school personnel that is directly related to a student and maintained by an educational institution may constitute "education records" under the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232g.

SpellingJoy operates as a "School Official" under FERPA with a legitimate educational interest in accessing education records to provide the Service. SpellingJoy is under the direct control of the school with respect to the use and maintenance of education records.

As school personnel or the institution providing directory information or any education record to SpellingJoy, you represent and warrant that you have provided all legally required notices and obtained all necessary consents for disclosure pursuant to FERPA.

SpellingJoy will never share education records with third parties except: (i) as directed by an authorized user that has the right to direct such disclosure; (ii) to authorized subprocessors who have agreed to maintain the confidentiality of such data in accordance with applicable law; or (iii) as required by law.

Ownership of student data: As between SpellingJoy and the school or school district, the school or school district retains all ownership rights in student education records and student-generated content. SpellingJoy does not claim ownership of any student data.

9. Artificial Intelligence Features

SpellingJoy offers an AI-powered teaching assistant called "Joy" that is available exclusively to teachers and educators. Joy is designed to help teachers manage classes, create spelling lists, and answer questions about the Service.

Important information about Joy:

• Teacher-facing only. Joy is not accessible to students. Only authenticated teachers interact with Joy.
• Powered by third-party AI. Joy uses the Anthropic Claude language model to process and respond to teacher requests. Teacher interactions with Joy may be sent to Anthropic for processing. Anthropic's use of this data is governed by Anthropic's usage policies, which prohibit Anthropic from using customer inputs to train its models.
• No student data sent to AI. Joy does not process, analyze, or have access to individually identifiable student education records. When Joy provides class-level information to a teacher, it retrieves that information from SpellingJoy's database using the teacher's own authorized access.
• AI-generated content. Responses from Joy are generated by artificial intelligence and may occasionally be inaccurate or incomplete. Teachers should verify AI-generated information before relying on it for educational decisions.
• Conversation history. Conversations with Joy are stored to provide continuity within a session. Teachers may delete their conversation history at any time.

SpellingJoy may modify, suspend, or discontinue Joy or any AI features at any time. We will provide reasonable notice of material changes to AI features that affect the handling of data.

10. School District Data Privacy Agreements

SpellingJoy has executed a national Student Data Privacy Agreement ("DPA") through the Student Data Privacy Consortium ("SDPC") that has been signed by multiple states. School districts in participating states may onboard to the existing DPA through the SDPC process. SpellingJoy is also willing to enter into individual DPAs with school districts upon request.

DPA supremacy for student data: Where a school district or LEA has an active DPA with SpellingJoy, the DPA controls and supersedes these Terms with respect to all matters relating to the collection, use, storage, disclosure, and deletion of student data covered by that DPA. This includes, but is not limited to:

• Data security and breach notification obligations
• Data retention and deletion timelines
• Restrictions on use of student data
• Subprocessor requirements
• Governing law and dispute resolution (the DPA's provisions control)
• Audit and inspection rights

To request a copy of SpellingJoy's DPA, to onboard to the SDPC agreement, or to negotiate a district-specific DPA, please contact us at info@spellingjoy.com.

11. Service Pricing

SpellingJoy is currently provided free of charge. No payment information is collected and no fees are charged to access or use the Service.

SpellingJoy reserves the right to introduce paid plans, features, or subscription tiers in the future. If we do so, we will provide advance notice and clearly identify which features require payment. Any introduction of paid features will not retroactively remove free access to features that were previously available at no cost to users who were actively using those features at the time of the change, except as reasonably necessary for the continued operation of the Service.

For school districts with active DPAs, any introduction of fees that would materially affect the district's use of the Service will be subject to the notice and amendment provisions of the applicable DPA.

12. Fair Use Policy

Intended Use

The Service is designed for legitimate educational use by individual teachers, schools, school districts, and families.

Excessive or Abusive Use

Any activity that constitutes automated, scripted, or bot-driven access, or that exceeds reasonable usage patterns for educational purposes, may be considered abuse and may result in account suspension or termination.

Monitoring & Enforcement

SpellingJoy reserves the right to review usage patterns and, in the event of excessive or abusive use, may take one or more of the following actions:

• Email notice requesting that the user adjust their usage.
• Temporary suspension of the account until the matter is resolved.
• Termination of the account in cases of severe or repeated violations.

13. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree that you will not:

• Use the Service for any purpose that is illegal or prohibited by these Terms.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, its servers, or any server, computer, or database connected to the Service.
• Use any robot, spider, scraper, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any material on the Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Create, use, offer, promote, or distribute cheats, exploits, bots, hacks, or any unauthorized code or software designed to interfere with the Service.
• Impersonate or attempt to impersonate SpellingJoy, a SpellingJoy employee, another user, or any other person or entity.
• Share class codes, authentication tokens, or other access credentials with unauthorized individuals.
• Post or submit any offensive, harmful, defamatory, or misleading content.
• Use the Service to collect, harvest, or aggregate data about other users without their consent.
• Attempt to access student data belonging to students not in your class or school, or without proper authorization.

14. User Contributions

The Service may contain various features that allow you to post, submit, publish, display, or transmit content or materials ("User Contributions"), such as custom spelling lists, class names, and feedback. All User Contributions must comply with these Terms.

License grant: By posting User Contributions to the Service, you grant SpellingJoy a non-exclusive, royalty-free, worldwide license to use, modify, display, and distribute your User Contributions solely in connection with operating and improving the Service.

Exclusion of student data: Student data, including student education records and student-generated content (such as spelling practice responses and scores), is expressly excluded from the definition of "User Contributions" and is not subject to the license grant above. Student data is owned by the school or school district and is governed by the applicable DPA, FERPA, and our Privacy Policy.

You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you post, that all of your User Contributions comply with these Terms, and that no User Contribution will infringe any third party's rights.

15. Disclaimers and Limitation of Liability

Nothing in these Terms will prejudice the statutory rights that you may have as a consumer of the Service.

THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY SPELLINGJOY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SPELLINGJOY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPELLINGJOY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SPELLINGJOY DOES NOT WARRANT THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

TO THE FULL EXTENT PERMISSIBLE BY LAW, SPELLINGJOY SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE. BECAUSE THE SERVICE IS CURRENTLY PROVIDED FREE OF CHARGE, SPELLINGJOY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

DPA obligations: Nothing in this limitation of liability section limits SpellingJoy's obligations under an applicable DPA, including obligations relating to data security, breach notification, and student data protection.

16. Indemnification

You agree to defend, indemnify, and hold harmless SpellingJoy, its parent company Veloris, LLC, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including but not limited to any use of the Service's content other than as expressly authorized in these Terms.

School district exception: For school districts with active DPAs, indemnification obligations are governed by the DPA to the extent they relate to student data. Nothing in this section requires a public school district to indemnify SpellingJoy to the extent prohibited by applicable law or the terms of the DPA.

17. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Service (to the extent not subject to arbitration as described in Section 18) shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, and you consent to the personal jurisdiction of such courts.

School districts with active DPAs: For school districts and LEAs that have an active DPA with SpellingJoy, the governing law and jurisdiction provisions in the applicable DPA control to the extent they differ from this section.

18. Dispute Resolution and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

18a. Informal Resolution

Most issues can be resolved quickly and amicably by contacting SpellingJoy at info@spellingjoy.com. Before initiating arbitration, you and SpellingJoy agree to attempt to resolve any dispute informally for at least thirty (30) days. The informal dispute resolution period begins when you send a written Notice of Dispute to info@spellingjoy.com that includes your name, a description of the dispute, and the specific relief sought.

18b. Binding Arbitration

If we cannot resolve a dispute informally, you and SpellingJoy each agree to resolve any claim, dispute, or controversy arising out of or in connection with these Terms or the Service through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration shall take place in Dover, Delaware, or at another mutually agreed location, or remotely by videoconference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

18c. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SPELLINGJOY AGREE TO BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY AND SHALL NOT SEEK TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION, COLLECTIVE OR CLASS-WIDE ARBITRATION, OR ANY OTHER ACTION WHERE ANOTHER INDIVIDUAL OR ENTITY ACTS IN A REPRESENTATIVE CAPACITY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

18d. Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

18e. Severability of Arbitration Provisions

If any provision of this Section 18 is found to be invalid, unenforceable, or illegal, then you and SpellingJoy agree that the provision will be severed and the rest of this Section 18 and these Terms shall remain in effect and be interpreted as if the invalid provision were not included.

19. Waiver and Severability

No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of SpellingJoy to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of these Terms will continue in full force and effect.

20. Notice and Procedure for Making Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, and other applicable law, SpellingJoy has adopted a policy of terminating, in appropriate circumstances and in SpellingJoy's sole discretion, the accounts of users who are deemed to be repeat infringers.

If you believe that your copyrighted work has been used on the Service in a way that constitutes copyright infringement, please submit a DMCA notice to info@spellingjoy.com including:

• Identification of the copyrighted work that you claim has been infringed.
• Identification of the material that you claim is infringing, including a description of where the material is located on the Service.
• Your full legal name, mailing address, telephone number, and email address.
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• Your electronic or physical signature.

21. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may discontinue using the Service or contact us at info@spellingjoy.com to request account deletion.

Student data upon termination: Upon termination of a teacher's account or a school district's DPA, student data will be handled in accordance with the applicable DPA and our Privacy Policy. In general, SpellingJoy will delete or return student data within the timeframe specified in the DPA (or within thirty (30) days of a written request if no DPA is in place), unless retention is required by law.

All provisions of these Terms which by their nature should survive termination shall survive, including without limitation intellectual property provisions, warranty disclaimers, limitation of liability, indemnification, and dispute resolution.

22. Entire Agreement

These Terms, together with the Privacy Policy and any applicable Data Privacy Agreement between SpellingJoy and your school district, constitute the entire agreement between you and SpellingJoy concerning the Service.

In the event of a conflict between these documents, the following order of precedence applies: (1) the applicable DPA (with respect to student data), (2) the Privacy Policy (with respect to data collection and use not covered by a DPA), and (3) these Terms of Service.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

23. Additional Provisions

Force Majeure

SpellingJoy shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond the reasonable control of SpellingJoy, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemic, epidemic, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without SpellingJoy's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. SpellingJoy may assign or transfer these Terms without restriction, provided that any assignee agrees to be bound by these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

No Agency Relationship

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms. You have no authority to bind SpellingJoy in any respect whatsoever.

Export Control

You agree to comply with all applicable export and import control laws and regulations in your use of the Service.

Feedback

If you provide SpellingJoy with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you hereby grant SpellingJoy a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, modify, and incorporate such Feedback in any manner, without any obligation to provide compensation or credit to you. For clarity, Feedback does not include student data or education records.

Limitation Period for Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THIS LIMITATION DOES NOT APPLY TO CLAIMS BY SCHOOL DISTRICTS OR LEAS ARISING UNDER AN ACTIVE DPA, WHICH SHALL BE GOVERNED BY THE APPLICABLE STATUTE OF LIMITATIONS UNDER THE DPA'S GOVERNING LAW.

Data Accuracy

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data that you submit to the Service. SpellingJoy is not responsible for the deletion, correction, destruction, damage, loss, or failure to store any data, except as expressly provided in an applicable DPA.

24. Contact Us

For any questions or concerns about these Terms, please contact us at:

• Veloris, LLC d/b/a SpellingJoy
• 1111B South Governors Ave., Suite 42209
• Dover, DE 19904 USA

• Email: info@spellingjoy.com
• Website: https://spellingjoy.com