Terms of Service

Welcome to Aisthully! We provide a platform designed to make learning more effective, engaging, and accessible. Our services include interactive learning tools, games, and content ("Service").

Please read these Terms of Service ("Terms") carefully before using the https://aisthully.com website and any associated applications (web, mobile, or desktop) operated by Aisthully ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

1. Age Requirement (COPPA Compliance)

Aisthully is not directed to children under the age of 13. We do not knowingly collect or solicit any personal information from children under 13.

We implement a neutral age-gate (Date of Birth request) during account creation. If we learn that we have collected personal information from a child under 13 without verification of parental consent (or that a user has provided a false date of birth), we will take steps to delete that information as quickly as possible. If you believe we might have any information from or about a child under 13, please contact us at hi@aisthully.com.

2. User Accounts

To access certain features of the Service, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain the security of your password and identification.
• Notify us immediately of any unauthorized use of your account.
• Accept full responsibility for all activities that occur under your account.

3. Privacy Policy

Our Privacy Policy describes how we collect, use, and share your personal information. By using our Service, you agree that we can use such data in accordance with our Privacy Policy.

4. User-Generated Content ("Teacher" Content)

Some users may have the ability to create, upload, post, or share content, such as custom lesson plans, quizzes, games, word lists, or other educational materials ("User Content").

Ownership

You retain all ownership rights to your User Content.

License to Aisthully

By creating or uploading User Content to the Service, you grant Aisthully a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, and perform your User Content in connection with providing and promoting the Service. This license is necessary for us to, for example, host your content and display it to your intended audience.

Your Responsibility

You represent and warrant that you have all the necessary rights to grant us this license and that your User Content does not violate any third-party rights (including copyright, trademark, or privacy rights) or any applicable laws.

5. Legal Disclaimers (FERPA & Educational Status)

This section is critical to your use of the Service.

Not an Educational Institution

Aisthully is a technology platform and is not an educational institution. We do not have a business relationship or contract with any school, school district, or educational institution (unless explicitly stated in a separate enterprise agreement).

FERPA Disclaimer

The Family Educational Rights and Privacy Act (FERPA) is a U.S. federal law that protects the privacy of "education records." Because we are a B2C service and do not have a contractual relationship with a school, FERPA does not apply to Aisthully. These Terms of Service constitute the entire agreement between you (the individual user) and Aisthully.

Educator Responsibility

If you are an educator, teacher, or tutor who chooses to use our B2C Service as a supplemental tool with your students, you agree that you are doing so as an individual user and not as an agent of any educational institution. You are solely responsible for ensuring your use of the Service complies with all applicable laws and your institution's policies, including any responsibilities you may have under FERPA or similar laws.

Data vs. Grades Disclaimer

You acknowledge that the Service may provide analytics and data regarding user performance (e.g., scores in games, time spent, common errors). This data is provided for informational purposes only. Aisthully does not assign or store official "grades" and is not responsible for any grades, assessments, or educational decisions. Any interpretation or use of this performance data by a user (such as a teacher interpreting data as a grade) is at the sole discretion and responsibility of that user.

6. Prohibited Conduct

You agree not to use the Service to:

• Violate any local, state, national, or international law.
• Engage in any activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, or obscene.
• Impersonate any person or entity.
• Collect or store personal data about other users without their consent.
• Upload or transmit viruses, worms, or any other malicious code.
• Attempt to reverse-engineer, decompile, or otherwise access the source code of the Service (other than our open-source components).

7. Aisthully's Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Aisthully and its licensors. Our trademarks (including "Aisthully™" and our logo) and trade dress may not be used in connection with any product or service without our prior written consent.

8. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to delete your account.

9. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

10. Limitation of Liability

In no event shall Aisthully, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any User Content obtained from the Service; and
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

13. Contact Us