Terms of Service
These Terms explain the rules for using besparq.com, including family and school accounts, AI-assisted learning features, subscriptions, student data, acceptable use, and dispute terms.
1. The Service
besparq.com provides online learning experiences for children and families, including guided lessons, practice questions, spelling activities, progress views, parent tools, and AI-assisted tutoring features such as Ask Sparq.
We may add, remove, or change features over time. New features are covered by these Terms unless we provide separate terms for that feature.
The Service is intended to support learning and practice. It does not replace a school, teacher, professional tutor, educational evaluation, medical advice, legal advice, or other professional services.
3. Accounts and Registration
You agree to provide accurate account information and keep it current. You are responsible for activity that occurs through your account, including activity by child profiles you create or supervise.
Please keep login credentials confidential. If you believe an account has been accessed without permission, contact us promptly.
4. Learning Content and AI Features
The Service may generate explanations, hints, feedback, practice prompts, and other learning content using automated systems and third-party AI providers.
AI-generated responses can be incorrect, incomplete, or inappropriate for a particular learner. Adults should review important answers, assignments, or decisions, and students should use the Service to understand concepts rather than to submit generated work as their own.
We may limit, filter, or refuse prompts or outputs to protect children, maintain academic integrity, comply with law, or improve safety.
5. Student Data and School Use
When a school, teacher, district, or similar educational organization uses besparq.com for an educational purpose, information that directly relates to an identifiable student may be Student Data.
The school or the student, not besparq.com, owns and controls Student Data. We use Student Data only to provide, secure, support, maintain, and improve the Service, or as otherwise directed by the school, parent, legal guardian, or permitted by law.
For U.S. school use, we aim to handle Student Data consistently with applicable student privacy laws, which may include FERPA, COPPA, PPRA, and state student privacy requirements. Schools are responsible for obtaining any required consent before allowing students, including children under 13, to use the Service.
We do not sell Student Data and do not use Student Data for targeted advertising.
6. User Content
Users may submit prompts, answers, messages, assignments, uploaded materials, profile information, and other content to the Service. You are responsible for ensuring that you have the right to submit that content.
You keep ownership of your User Content. You grant besparq.com a limited license to host, process, transmit, display, and use User Content as needed to operate, support, secure, and improve the Service, subject to our Privacy Policy and applicable law.
Do not submit content that is unlawful, invasive of someone else's privacy, infringing, harassing, harmful, or inappropriate for a child-focused learning environment.
7. Acceptable Use
You agree not to misuse the Service or help anyone else misuse it. This includes:
- using the Service for cheating, plagiarism, or academic dishonesty;
- harassing, bullying, exploiting, or harming another person;
- attempting to bypass safety systems, access controls, usage limits, or content filters;
- scraping, crawling, copying, reverse engineering, or attempting to discover source code except as allowed by law;
- uploading malware, interfering with the Service, or attempting unauthorized access;
- using the Service to create unlawful, deceptive, sexual, violent, or otherwise harmful content;
- misrepresenting your identity or authority to act for a child, parent, school, or organization.
8. Subscriptions, Billing, and Cancellation
Some features may require a paid subscription, trial, school license, or other paid plan. Prices, renewal terms, included features, and cancellation options will be disclosed at checkout, in an order form, or in account settings.
Unless stated otherwise at purchase, subscription fees are charged in advance and may automatically renew until canceled. You are responsible for applicable taxes and payment-provider charges.
Cancellations generally take effect at the end of the current billing period unless we state otherwise or applicable law requires a different result. Refunds are provided only as described at purchase, in a separate agreement, or as required by law.
9. Ownership and Intellectual Property
besparq.com and its licensors own the Service, including software, designs, interfaces, lesson structures, graphics, logos, content libraries, and other materials we provide.
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable right to use the Service for learning, family, classroom, or other authorized educational purposes.
You may not copy, sell, sublicense, modify, publicly display, or create derivative works from the Service except as allowed by these Terms or by law.
10. Third-Party Services
The Service may rely on third-party providers for hosting, authentication, payments, analytics, communications, AI processing, security, and other functions.
Your use of third-party features may also be subject to those providers' terms or privacy notices. We are not responsible for services we do not control.
11. Suspension and Termination
We may suspend or terminate access to the Service if we believe an account has violated these Terms, creates security or legal risk, has unpaid amounts due, or is being used in a way that may harm users or the Service.
You may stop using the Service at any time. Certain provisions, including ownership, disclaimers, limitation of liability, dispute terms, and payment obligations, will survive termination where appropriate.
12. Disclaimers
The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and uninterrupted operation.
We do not guarantee specific learning outcomes, grades, test scores, school placement, or that AI-generated or educational content will always be correct.
13. Limitation of Liability
To the fullest extent permitted by law, besparq.com and its affiliates, officers, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, loss of goodwill, or service interruption.
To the fullest extent permitted by law, our total liability for any claim relating to the Service or these Terms will not exceed the greater of the amount you paid to use the Service in the six months before the claim or one hundred U.S. dollars.
14. Indemnity
You agree to defend and indemnify besparq.com from claims, damages, losses, liabilities, and expenses arising from your misuse of the Service, your violation of these Terms, your User Content, or your violation of another person's rights, except where prohibited by law.
15. Dispute Resolution
If a dispute arises, please contact us first so we can try to resolve it informally. These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, unless applicable law requires otherwise.
Any lawsuit or court proceeding relating to these Terms or the Service must be brought in the state or federal courts located in California, unless applicable law requires a different venue.
16. Changes to These Terms
We may update these Terms from time to time. When changes are material, we will take reasonable steps to notify users, such as posting a notice in the Service or updating the effective date.
Continuing to use the Service after updated Terms take effect means you accept the updated Terms.
17. Contact
Questions about these Terms can be sent to besparq@gmail.com.