Grokkoli Terms of Service

1. Agreement to these terms

Grokkoli is an intelligent mathematics tutoring service operated by Heliomath PBC, a public benefit corporation incorporated in the State of Delaware, United States, of 8 The Green, Suite D, Dover, DE 19901, United States ("Grokkoli," "we," "us").

By accessing or using the Service you agree to these Terms and to our Privacy Policy, which is incorporated into them. If you do not agree, do not use the Service.

If you are entering into these Terms on behalf of a school, district, ministry, company, or other organisation, you represent that you have authority to bind that organisation, and "you" means that organisation.

2. How the Service is provided

The Service is made available in three ways, and some of these Terms apply differently to each.

Family accounts. A parent or legal guardian creates an account, adds learner profiles, and pays a subscription fee. Sections 6 (Fees) and 8 (Renewal) apply, as do the cancellation terms in Section 7.

Institutional accounts. A school, district, ministry, or similar institution provisions accounts for its students under a separate written agreement with us (an "Institutional Agreement"). Section 5 applies. Where an Institutional Agreement conflicts with these Terms, the Institutional Agreement governs the institution's use of the Service.

Educator accounts. An individual educator, tutor, microschool, or other small programme creates an account and adds learners who are not their own children, without a separate written agreement with us. Section 3 sets out what the account holder confirms when doing so. Sections 6 (Fees) and 8 (Renewal) apply, as do the cancellation terms in Section 7.

3. Who may use the Service

Account holders. Only an adult with legal capacity to enter into a contract may create a family or educator account. Institutional accounts may be created only by an authorised representative of the institution.

Learners. A learner under 18 may use the Service only with the involvement and consent of a parent or legal guardian, or as part of an educational programme directed by their school or another educational provider. Learners must also follow any additional rules their school sets for use of the Service.

Parental consent. Before we collect personal information from a learner, we require the consent of a parent, legal guardian, or other holder of parental responsibility where the learner is under 13, or below the minimum age at which an individual may consent to the processing of their own personal data under the law of their jurisdiction, whichever age is higher. Where the law of the learner's jurisdiction permits a school or educational authority to provide or convey that consent, an institution may do so and warrants to us that it has authority to do so. Where that law does not permit it, consent must be obtained from the parent or guardian directly.

Educator accounts. If you add a learner who is not your own child, you confirm at the time you add them that you have obtained the consent of that learner's parent or legal guardian to create a profile for them, to provide us with the information you provide about them, and to receive their learning information. You confirm the same at the time you give any other person access to a learner's information. You will keep a record of those consents and provide evidence of them to us on request. We may decline to create, and may suspend, any learner profile or access grant for which that evidence is not available.

If we learn that a learner is using the Service without the consent required in their jurisdiction, we will suspend that learner's access and delete their information.

4. Your account

You must provide accurate information and keep it current. You are responsible for your account and for anything done through it, including by someone using your credentials without permission. Do not share your credentials, transfer your account, or use anyone else's account.

Tell us promptly at support@grokkoli.com if you believe your account has been accessed without your authorisation.

5. School and institutional deployments

This section applies where an institution provisions accounts for learners.

Roles. The institution determines which learners use the Service and what student information is provided to us. The allocation of responsibilities under applicable data protection law, and the terms governing our processing of student information, are set out in the Institutional Agreement. Nothing in these Terms relieves either party of an obligation that applicable law imposes on it directly.

Consent as a condition of provisioning. The institution is responsible for ensuring that all consents, notices, and authorisations required by the law of its jurisdiction have been obtained before a learner account is created, and for delivering evidence of them to us on request. We may decline to provision, or may suspend, any account for which that evidence is not available. Suspension on this ground is not a failure by us to provide the Service and does not entitle the institution to a refund of fees already paid.

Instructions and records. We will process student information for the purposes of providing the Service and as otherwise set out in the Institutional Agreement. We maintain records of processing and logs of access to and disclosure of student information as required by applicable law.

Requests from parents. Where a parent or guardian asks us to exercise a right in respect of a learner whose account the institution provisioned, we may direct that request to the institution, and will tell the requester that we have done so.

No consumer payment. Learners and their families are not charged for access provided under an Institutional Agreement, and Sections 6 and 8, and the cancellation terms in Section 7, do not apply to them.

For schools and districts in the United States

Where a school or district in the United States provisions accounts, the following also applies.

FERPA. Grokkoli acts as a "school official" with a legitimate educational interest in the student records it receives, performing a function the school would otherwise perform itself. We process those records under the direct control of the school, use personally identifiable information from education records only for the purposes the school has authorised, and do not re-disclose it except as the school directs or the law requires. The school retains control of the records and may direct us to correct or delete them at any time.

COPPA. For learners under 13 we require verifiable parental consent before collecting personal information, or the school's authorisation given on parents' behalf where the collection is solely for the educational use the school has arranged. Information collected from a child in that context is used only to provide the Service to that child and their school. A parent may, through the school, review the information we hold about their child or ask that it be deleted.

Student data commitments. We do not sell student personal information. We do not use it for targeted advertising or to build an advertising profile. We do not use it for any commercial purpose unrelated to providing the Service, and our service providers are contractually prohibited from doing so.

Nothing in this section limits any right a learner or family holds under the law of their own state.

6. Fees and payment (family and educator accounts)

Grokkoli is a paid service. By subscribing you authorise us to charge your chosen payment method the fees then in effect, plus any applicable taxes. We use third-party payment processors; their handling of your payment information is described in our Privacy Policy.

If you do not maintain a paid subscription, access to some or all of the Service will end.

7. Cancellation, suspension, and termination

Your cancellation. You may cancel at any time from "Subscription" or by contacting support. Access to paid features continues until the end of the current billing period. Fees already paid are not refunded, and unused portions of a billing period are not prorated, except where applicable law requires otherwise.

Our suspension or termination. We may suspend or terminate access, with notice where practicable, if you breach these Terms, if we reasonably suspect fraudulent, abusive, or unlawful activity, if we are required to do so by law or by a competent authority, if a consent or authorisation required for lawful processing is absent or withdrawn, or if we discontinue the Service in whole or in part.

Where we discontinue the Service or terminate without cause, we will refund the unused portion of any prepaid fees.

Survival. Sections 3 (as to consent records and evidence), 10 (Intellectual property), 12 (Disclaimers and limitation of liability), 13 (Indemnity), 14 (Dispute resolution), and 15 (General) survive termination.

8. Automatic renewal (family and educator accounts)

Subscriptions renew automatically for a further period of the same length as the term you purchased, unless cancelled beforehand under Section 7, and will be charged to your designated payment method at our then-current fees. We will give you notice before a renewal charge where applicable law requires it.

9. Acceptable use

You may use the Service only through the interfaces we provide, and only for its intended educational purpose. You may not copy, modify, create derivative works from, reverse engineer, or attempt to extract the source code of the Service; sell, sublicense, assign, or grant a security interest in it; access it by automated means except as we expressly permit; interfere with its operation or security; or use it to store or transmit unlawful or harmful content.

10. Intellectual property

We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose for as long as your subscription or Institutional Agreement is in effect. We retain all rights in the Service, including its content, software, and underlying methods. You retain any rights you hold in content you submit, and grant us a licence to use it to provide and improve the Service.

We do not use learner information to train artificial-intelligence models that are made available to third parties or outside the Grokkoli service.

11. Availability and changes to the Service

We will make reasonable efforts to keep the Service available, but interruptions occur. We may modify or discontinue features at any time. Where a change materially reduces the functionality an institution is paying for, we will give notice under the Institutional Agreement.

Third-party links. The Service and our website may contain links to sites we do not operate. We are not responsible for their content or their practices, and a link is not an endorsement.

12. Disclaimers and limitation of liability

The Service is provided "as is" and "as available." To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and we do not warrant that the Service will be uninterrupted, error-free, or that it will produce any particular educational outcome.

To the fullest extent permitted by applicable law, neither party will be liable for indirect, incidental, special, punitive, or consequential damages, or for lost profits or lost data, arising out of or relating to the Service.

Our aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total fees you paid us in the 12 months preceding the event giving rise to the claim, or (b) US$100.

Nothing in this section limits liability that cannot be limited under applicable law, including liability for fraud, for wilful misconduct, for death or personal injury caused by negligence, or any liability arising under mandatory consumer protection or data protection law. Some jurisdictions do not allow certain exclusions, in which case those exclusions do not apply to you.

13. Indemnity

If you hold an educator or institutional account, you will indemnify and hold harmless Heliomath PBC and its officers, directors, employees, and agents from third-party claims, and reasonable legal costs, arising out of your breach of these Terms — in particular the confirmations you give under Section 3 — or your unlawful use of the Service.

We will notify you promptly of any such claim, and you may assume its defence with counsel reasonably acceptable to us; we may participate at our own expense. This section does not apply to a claim to the extent it arises from our own breach or negligence, and it does not apply to family accounts.

14. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules.

Informal resolution first. Before starting a formal proceeding, please contact us at support@grokkoli.com and give us 30 days to try to resolve the matter.

Arbitration. Except as stated below, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Kent County, Delaware, and conducted by videoconference unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

Your right to opt out. You may opt out of this arbitration agreement by emailing support@grokkoli.com within 30 days of first accepting these Terms, giving your name and the email address on your account. Opting out affects nothing else in these Terms, and we will not treat it as a reason to change or end your service.

Individual basis only. Claims must be brought individually. Neither party may bring a claim as a plaintiff or class member in a class or representative proceeding, and the arbitrator may not consolidate claims or preside over a class proceeding.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or prevent unauthorised access to the Service.

Who is bound. Where a learner uses the Service, the parent, legal guardian, educator, or institution that agreed to these Terms does so both on their own behalf and on behalf of that learner, and represents that they have authority to do so.

Who decides. The arbitrator decides questions about the interpretation and scope of this section, except that a court decides whether the prohibition on class and representative proceedings is enforceable.

If part of this section cannot be enforced. If that prohibition is held unenforceable as to a particular claim, that claim proceeds in court rather than in arbitration, and the rest of this section continues to apply to all other claims.

Where mandatory law provides otherwise. This section applies only to the extent permitted by applicable law. Where the mandatory law of your country or region gives you the right to bring proceedings in your local courts, to have a dispute governed by your local law, to participate in a collective proceeding, or to complain to a supervisory or consumer authority, that law prevails over this section and nothing here waives it. Where an Institutional Agreement specifies a different governing law or forum, that agreement governs disputes with that institution.

Time limit. Any claim must be brought within one year after it arose, except where applicable law provides a longer period that cannot be shortened by agreement.

15. General

Entire agreement. These Terms and the Privacy Policy — together with any Institutional Agreement, for the institution it covers — are the entire agreement between us on their subject matter and supersede prior understandings.

Changes to these Terms. We may update these Terms. We will post the updated version with a new "Last updated" date, and where a change is material we will give account holders and institutions notice before it takes effect. Your continued use after that date means you accept the change. If you do not accept it, stop using the Service and cancel; where a material change disadvantages you mid-term, contact us about a prorated refund. Changes to Section 14 do not apply to any dispute of which either party gave notice before the change took effect.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets, on notice to you.

Severability and waiver. If a provision is unenforceable, it is limited or removed to the minimum extent necessary and the rest remains in effect. A failure to enforce a right is not a waiver of it.

No agency. These Terms do not create a partnership, joint venture, agency, or employment relationship.

Notices. We may give notice by email to the address on your account or by posting in the Service. Notices to us go to support@grokkoli.com and, where a written notice is required, to Heliomath PBC, 8 The Green, Suite D, Dover, DE 19901, United States.

Language. These Terms may be provided in translation for convenience. Where a discrepancy arises from a translation error, the English version prevails, except where applicable law requires that a local-language version govern.

Headings. Headings are for convenience and have no legal effect.

16. Contact

Heliomath PBC
8 The Green, Suite D, Dover, DE 19901, United States
Support: support@grokkoli.com · Legal: support@grokkoli.com · Privacy: support@grokkoli.com · Tel: +1 702-720-6456