SpellingJoy Terms of Service

ACCEPTANCE OF THE TERMS OF SERVICE

THE FOLLOWING TERMS AND CONDITIONS ("TERMS") APPLY TO YOUR USE OF THE WEBSITE SPELLINGJOY.COM ("SPELLINGJOY" OR THE "SERVICE").

BY CLICKING/CHECKING THE "I AGREE" BUTTON/BOX, ACCESSING THE SPELLINGJOY WEBSITE OR BY UTILIZING THE SPELLINGJOY SERVICES, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SERVICES.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY.

• You are also agreeing to SpellingJoy's Privacy Policy which explains what information we collect from you and how we protect it.
• You and SPELLINGJOY agree to resolve disputes pursuant to the process outlined below.

If you are using the Service on behalf of a school, institution, company or organization that has a separate agreement with SpellingJoy, then that agreement controls.

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.

EDUCATIONAL INSTITUTIONS AND EDUCATIONAL INSTRUCTORS UTILIZING THE SERVICE, INCLUDING THE USE OF SPELLINGJOY WITH MINORS AND STUDENTS, ARE REQUIRED TO ENSURE THAT THE USE OF THE WEBSITE AND APPLICATION IS DONE IN COMPLIANCE WITH ALL LOCAL PRIVACY LAWS AND REGULATIONS AS WELL AS THESE TERMS.

Privacy Policy

Please review our Privacy Policy which also governs your use of the Services. By using the Services, you consent to the collection and use of information as set forth in the Privacy Policy.

Changes to the Terms of Service

We may update these Terms from time to time; you should check this page regularly to take notice of any changes. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

Accessing the Services and Account Security

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

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

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any other person or entity.

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 of Service.

System Requirements

Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software. The performance of the Services may be affected by these factors.

Intellectual Property Rights

The Services, including all content, features, and functionality thereof, are owned by SPELLINGJOY, its licensors, or other providers of such material and are protected by copyright, trademark, and other intellectual property laws.

You are permitted to use the Services for your personal, non-commercial use only or legitimate business purposes.

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

You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless you have been specifically permitted to do so under a separate agreement with SpellingJoy.

Additional Terms by User Types

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 or older.
• Students access the Service via class codes provided by teachers. No email address or password is required.
• Students provide only their first name and optionally select an avatar.
• Student activity and progress data is visible only to their assigned teacher(s).

Teachers

If you are a teacher, aide, trainer or other similar personnel accessing the Service on behalf of a school or other 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 consent from the child's parent or school.
• You acknowledge and agree that you have School Consent to allow children under 13 to use the Service in compliance with COPPA, FERPA and any applicable state laws.
• You agree that you are acting on behalf of (or have permission from) your Institution to enter into this Agreement and to use the Service as part of your curriculum.
• You agree that you are responsible for maintaining and monitoring the accuracy of the list of students within your classes.
• You acknowledge and agree that, in order to guarantee the privacy and security of your students' data, SpellingJoy will not heed any deletion requests for student data unless such deletion request originates from the teacher's account associated with that student.

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 constitutes "education records" under the Family Educational Rights and Privacy Act ("FERPA").

As School Personnel or the Institution providing Directory Information or any Education Record to SPELLINGJOY, you warrant and represent 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 SPELLINGJOY user that has the right to direct disclosure, (ii) to authorized subcontractors who have agreed to maintain the confidentiality of such data, or (iii) as required by law.

GDPR and Minors

The EU General Data Protection Regulation (GDPR) and UK GDPR determines that the processing of personal data of children requires parental or custodial consent. The precise age varies by member state but is generally between 13-16.

As a teacher, you acknowledge, affirm and pledge to SPELLINGJOY that you or your Institution has obtained the legally requisite parental consent for any student under the age specified by applicable GDPR requirements before allowing them to use the Service.

Billing, Payment and Subscription Plans

ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES AND ALL FUNDS FOR SPELLINGJOY SUBSCRIPTIONS ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

SpellingJoy Free Plan

SPELLINGJOY Free Plan is provided to you free-of-charge, for as long as you use the Services for non-commercial, lawful, and appropriate educational purposes and comply with these Terms.

Paid Subscriptions

SPELLINGJOY may offer additional subscription plans with enhanced features. By subscribing, you agree to pay the applicable fees.

We do not store or collect your payment card details. That information is provided directly to our payment processors, whose use of your personal information is governed by their Privacy Policy. The payment processors we work with include:

• Stripe - Their Privacy Policy can be viewed at https://stripe.com/privacy

Cancellations and Refunds

If you cancel your Paid Subscription, the cancellation will take effect on the day after the last day of the current subscription period. No refunds are provided for partial use or early cancellation, unless required by applicable law.

Fair Use Policy

Intended Use

SpellingJoy subscriptions are designed for legitimate educational use by individual teachers or families.

Excessive or Institutional Use

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

Monitoring & Enforcement

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

• Email warning requesting that the user adjust their usage.
• Temporary suspension of the account until the matter is resolved.
• Cancellation of the subscription without refund in cases of severe or repeated violations.

Prohibited Uses

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

• Use the Services 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, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose.
• Introduce any viruses, trojan horses, worms, or other material that is malicious or technologically harmful.
• Create, use, offer, promote, advertise, make available and/or distribute cheats, bots, hacks, or any unauthorized code.
• Impersonate or attempt to impersonate SpellingJoy, a SpellingJoy employee, another user, or any other person or entity.
• Share login credentials with unauthorized users.
• Post or submit any offensive, harmful, or misleading content.

User Contributions

The Services may contain various features that allow you to post, submit, publish, display, or transmit content or materials ("User Contributions"). All User Contributions must comply with these Terms.

Any User Contribution that you Post will be considered non-confidential and non-proprietary, and you grant SPELLINGJOY a non-exclusive, royalty-free, worldwide license to use, modify, display, and distribute your User Contributions in connection with the Service.

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.

Disclaimers and Limitation of Liability

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

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY SPELLINGJOY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULL EXTENT PERMISSIBLE BY LAW, SPELLINGJOY WILL 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 SERVICES. OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless SPELLINGJOY, its affiliates, and licensors, 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 Services.

Governing Law and Jurisdiction

Any dispute or claim by you arising out of or related to these Terms shall be governed by the laws of Israel, without regard to its conflict of law provisions. You agree to the exclusive jurisdiction of the courts of Israel for any dispute arising out of or related to these Terms.

No Class Actions

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

Most issues can be resolved quickly and amicably by contacting SpellingJoy customer support at info@spellingjoy.com.

1. Informal Resolution

If you have an issue that our customer support can't resolve, prior to starting arbitration you and SpellingJoy agree to attempt to resolve the dispute informally. You will send your Notice of Dispute to info@spellingjoy.com with a description of the dispute and attempted resolution.

2. Class Action Waiver

To the maximum extent permitted by applicable law, you and SPELLINGJOY agree to only bring Disputes 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.

3. Severability

If all or any provision of these Terms of Service is found invalid, unenforceable, or illegal, then you and SpellingJoy agree that the provision will be severed and the rest of the Terms shall remain in effect.

Waiver and Severability

No waiver of these Terms by SPELLINGJOY shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

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

Notice and Procedure for Making Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act ("DMCA") 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 work has been used on the Website or in any other Services in a way that constitutes copyright infringement, please submit a DMCA notice to info@spellingjoy.com including:

• Identify the copyrighted work that you claim has been infringed.
• Identify the material that you claim is infringing, including a description of where the material is located.
• Provide your full legal name, mailing address, telephone number, and email address.
• Include a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner.
• Provide your electronic or physical signature.

Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPELLINGJOY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Disclaimer of Warranties

SPELLINGJOY MAKES NO WARRANTY THAT:

• The Services will meet your requirements or expectations.
• The Services will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Services will be accurate or reliable.
• The quality of any products, services, information, or other material obtained through the Services will meet your expectations.
• Any errors in the Services will be corrected.

Service Modifications and Discontinuation

SPELLINGJOY reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that SPELLINGJOY shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

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.

Termination

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

If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Survival

The following sections shall survive any termination or expiration of these Terms: Intellectual Property Rights, User Contributions, Disclaimers and Limitation of Liability, Indemnification, Assumption of Risk, Disclaimer of Warranties, Governing Law and Jurisdiction, No Class Actions, and any other provision that by its nature should survive.

Feedback

If you provide SPELLINGJOY with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you hereby assign to SPELLINGJOY all rights in such Feedback and agree that SPELLINGJOY shall have the right to use and fully exploit such Feedback in any manner it deems appropriate, without any obligation to provide compensation or credit to you.

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.

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 freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties to these Terms.

Limitation Period for Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by SPELLINGJOY on the Services, shall constitute the entire agreement between you and SPELLINGJOY concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Headings

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

Export Control

You agree to comply with all applicable export and import control laws and regulations in your use of the Services, and, in particular, you will not export or re-export the Services without all required government licenses. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country.

Data Accuracy

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data that you submit to the Services. SPELLINGJOY is not responsible for the deletion, correction, destruction, damage, loss, or failure to store any data.

Contact Us

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

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