Terms of Service for Parents and Legal Guardians

These Terms of Service ("Terms") are a binding agreement between Lillory LLC, a Minnesota limited liability company ("Operator," "we," "us"), and the parent or legal guardian ("you," "your") who accepts them on behalf of a child under your care (the "Child"). By accepting these Terms, creating an account, or permitting the Child to use the Service, you agree to be bound by them. If you do not agree, do not use the Service. These Terms take effect when you accept them. Version: see the version line at the foot of this page.

1. Definitions. "Service" means the Operator’s structured-literacy practice software, activities, and the progress information we make available to you and the Child’s authorized tutor. "Privacy Policy" means our policy available on the Privacy page. "Consent" means the verifiable parental consent you provide under the Children’s Online Privacy Protection Act ("COPPA"). "Family page" means the in-app surface where you exercise your data rights.

2. The Service; not a diagnostic; no outcome guarantee. The Service is an independent, Orton-Gillingham–aligned literacy PRACTICE supplement. It is NOT a medical or psychological diagnostic, NOT a clinical evaluation or treatment, and NOT a substitute for instruction or for evaluation by a qualified clinician or educator. We make no representation, warranty, or guarantee of any educational outcome, score, grade level, or result. Any efficacy statements we publish are limited to, and no broader than, our then-current published evidence.

3. Eligibility and your authority. You represent and warrant that you are at least 18 years old; that you are the Child’s parent or legal guardian with authority to consent on the Child’s behalf; and that all information you provide (including your legal name, email address, telephone number, and relationship to the Child) is accurate and kept current. The Child cannot enter into these Terms; you accept them for the Child.

4. Privacy and parental consent. Your and the Child’s privacy are governed by the Privacy Policy and by the Consent you provide, each incorporated into these Terms by reference. In summary: we collect only what is needed to operate the Service; we never sell the Child’s data, serve advertising, use third-party advertising trackers, or access any microphone, camera, or biometric sensor; and you may review, correct, export, and delete the Child’s data and withdraw Consent at any time from the Family page (COPPA §§ 312.6–312.7). Cloud collection occurs only after valid Consent is recorded.

5. School or tutoring-center channel. Where the Child uses the Service through a school or tutoring center, that organization may provide consent and govern the Child’s data under a separate Data Processing Agreement and the COPPA school-consent provisions (16 C.F.R. § 312.5(c)(1)). In that case the organization’s agreement controls the school-mediated data, and these Terms govern your separate, direct use of the Family page.

6. License. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service solely for the Child’s literacy practice. All rights not expressly granted are reserved to the Operator and its licensors.

7. Acceptable use. You will not, and will not permit any person to: (a) share your account credentials; (b) access or attempt to access the data of any other family or student; (c) copy, modify, reverse-engineer, decompile, scrape, or create derivative works of the Service; (d) interfere with or disrupt the Service or circumvent its security; or (e) use the Service unlawfully or for any purpose other than the Child’s educational practice. The Service contains no chat, user-to-user messaging, or public content.

8. Accounts and security. You are responsible for safeguarding your credentials and for activity under your account, and you will notify us promptly of any unauthorized use. We maintain administrative, technical, and physical safeguards as described in our security documentation (Written Information Security Program).

9. Fees. Where applicable, fees, billing, and cancellation are as separately disclosed at enrollment or by your center; during the current pilot the Service is furnished at no charge. Where the Service is furnished to your family at no charge through a center, no fees apply under these Terms.

10. Intellectual property. The Service and all associated software and content are owned by the Operator or its licensors and are protected by intellectual-property laws; all content is original. The Service is an INDEPENDENT product and is NOT affiliated with, endorsed by, or derived from any third-party reading or spelling program.

11. Disclaimers. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, error-free, or that it will achieve any educational result. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

12. Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, the Operator and its suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, goodwill, or anticipated educational benefit, arising out of or relating to the Service; and the Operator’s total aggregate liability for all claims relating to the Service will not exceed the greater of the amounts you paid to the Operator for the Service in the twelve (12) months before the event giving rise to the claim, or one hundred U.S. dollars (US $100). Nothing in these Terms limits liability that cannot be limited under applicable law.

13. Indemnification. To the extent permitted by law, you will indemnify and hold harmless the Operator from third-party claims arising out of your breach of these Terms or your misuse of the Service, except to the extent caused by the Operator’s own act or omission.

14. Changes to these Terms. We may update these Terms. For a material change affecting your rights or our data practices, we will seek your renewed acceptance (the same notice-and-signature flow as initial Consent) before continued data collection; non-material changes are posted with an updated version line. Your continued use after a non-material change constitutes acceptance.

15. Term and termination. You may stop using the Service and withdraw Consent at any time. We may suspend or terminate access for breach or as required by law. On termination or withdrawal we cease collection and delete or de-identify the Child’s data per the Retention schedule; the Child may always continue local, on-device practice that collects nothing.

16. Governing law; disputes. These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-laws rules, and the state and federal courts located there will have jurisdiction, except where applicable consumer-protection law provides otherwise. These Terms contain no mandatory-arbitration or class-action-waiver clause; nothing here waives or limits any right a minor may have under applicable law.

17. General. These Terms, the Privacy Policy, and your Consent are the entire agreement between you and the Operator regarding the Service and supersede prior understandings on the subject. If any provision is held unenforceable, the remaining provisions stay in effect and the unenforceable provision is reformed to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor in interest. Section headings are for convenience only.

18. Electronic records and communications. You consent to receive these Terms, the Privacy Policy, your Consent record, and related notices in electronic form, and you agree that your electronic acceptance and electronic signature have the same legal effect as a handwritten signature (federal E-SIGN Act and the Uniform Electronic Transactions Act). You may withdraw consent to electronic records by contacting us, understanding that we may then be unable to provide the Service. You are responsible for keeping your email address current so that we can reach you.

19. Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disaster, fire, flood, epidemic, labor disruption, power or telecommunications failure, acts of civil or military authority, or the failure or outage of a third-party service or network on which the Service depends.

20. Contact. Questions about these Terms or the Child’s data, or to exercise a privacy right: Lillory LLC, attention Gabriel Michalski, at gabe@lillory.com. A postal mailing address is available on request from that email.

Terms of Use for Tutors and Professional Users

These Terms of Use ("Terms") govern access to the Service by a tutor, educator, or other professional ("you") granted an account by Lillory LLC, a Minnesota limited liability company ("Operator," "we," "us"). They are separate from the Parent/Guardian Terms and from any Data Processing Agreement ("DPA") between the Operator and your school or tutoring center, which controls if it conflicts with these Terms on the handling of student data. These Terms take effect when you accept them.

1. Role and authorization. You may use the Service only as an authorized staff member of an enrolled center (or as the Operator otherwise authorizes in writing) and only for legitimate educational purposes for the students assigned to you. You will not access student records for which you have no educational need. Your authorization ends when your role at the center ends.

2. Student data; confidentiality. Student personal information you may access (display name, age band, learning activity, and progress/mastery detail) belongs to the student and the student’s family. You act as a school official or authorized agent under the center’s DPA and applicable law (including FERPA where it applies, COPPA, and state student-privacy law). You will: (a) access and use student data solely to deliver and support the student’s instruction; (b) not redisclose, export, copy, sell, or share student data outside that purpose, and not use it for marketing, profiling, or any commercial purpose; (c) not attempt to re-identify de-identified or aggregate data; and (d) keep student information confidential during and after your engagement.

3. Role boundaries. The Service is designed so that a tutor sees clinical and progress detail, a parent sees a growth-oriented summary, and a student sees no scores or deficit framing. You will honor these boundaries: do not relay raw scores or deficit framing to a student, and do not expose one family’s data to another.

4. Parental consent responsibilities. Cloud collection of a student’s data requires valid consent. Where your center mediates consent, you and your center are responsible for ensuring the required parental consent (or school consent plus DPA) is in place before relying on collected data. You will not circumvent the consent gate or record consent you are not authorized to record.

5. Acceptable use. You will not: share or transfer your credentials; access the Service through another person’s account; scrape, reverse-engineer, decompile, or disrupt the Service; introduce malware; or use the Service unlawfully or to harass. The Service collects no microphone, camera, biometric, or precise-location data, and you will not attempt to add or simulate any such capture.

6. Security obligations. You will protect your credentials, use the account only on devices you control, comply with any multi-factor authentication or access controls we require, and promptly report any suspected data incident or unauthorized access to the Operator consistent with the Operator’s Written Information Security Program.

7. Intellectual property. The Service and its content and software are the Operator’s original work and remain the Operator’s property; you receive a limited, non-transferable, revocable license to use the Service for authorized instruction. The Service is independent and is NOT affiliated with, endorsed by, or derived from any third-party reading or spelling program; you will not represent it as such or reproduce any third party’s proprietary lists, sequences, or materials through the Service.

8. No clinical determination. The Service supplies practice activities and progress information; it does not make clinical determinations, and your use of it does not constitute a diagnosis. Clinical judgment about a student remains yours and the qualified professionals’, not the Service’s.

9. Disclaimers and limitation of liability. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. To the maximum extent permitted by law, the Operator will not be liable for indirect, incidental, special, consequential, or punitive damages, and the allocation of responsibility for student-data handling is governed by the center’s DPA.

10. Termination and offboarding. The Operator or your center may suspend or revoke your access at any time, including when your role ends. On termination, your access is removed; student data you accessed remains governed by the DPA and the Retention schedule, and you will stop using and delete any locally retained student information.

11. Changes; governing law; contact. We may update these Terms; material changes require your renewed acceptance. Governing law and venue: the State of Minnesota. Questions or incident reports: Lillory LLC at gabe@lillory.com.