Terms of service

These terms of service (the "Terms") are a legal agreement between you and TaleTykes, Inc., a Delaware corporation ("TaleTykes", "we", "us" or "our"). They cover the TaleTykes website at www.taletykes.com, the TaleTykes app for iPhone and iPad, the books, lessons, writing activities, reports, emails and text messages we provide, and any other product or service that links to these Terms (together, the "Service").

We have tried to write these Terms in plain English. Headings and summaries are there to help you find your way. They don't change what a clause says.

1. About these terms

1.1 Accepting these terms

You accept these Terms when you create a TaleTykes account, when you start a trial or a plan, or when you use the Service in any other way. If you don't agree, don't create an account or use the Service.

If you accept these Terms for someone else, such as a co-parent, you confirm that you have the authority to do so. If you use TaleTykes on behalf of a school, district or other organization, see section 7: the School terms and your organization's order form govern that use.

1.2 Other documents that form part of these terms

These documents are part of the agreement between you and us. Each is linked from every page of our website.

• The Privacy policy says what information we collect about grown-ups and children and what we do with it.
• The Notice for parents is our notice under the Children's Online Privacy Protection Act (COPPA). It explains what we collect from children and the consent we ask you for.
• The Acceptable use policy sets out what you may and may not do with the Service.
• The Content standards say what books may and may not contain, how we review them, and how to report or appeal.
• The Text message terms apply if you sign up for text tips.
• The Copyright and DMCA policy explains how to report copyright problems.
• The How TaleTykes uses AI page describes where we use AI models and how we check their work.

If one of those documents conflicts with these Terms, these Terms win, except that the Privacy policy and the Notice for parents control how we handle personal information.

1.3 Who "you" are

"You" means the adult who holds the TaleTykes account and anyone that adult adds to the account as another grown-up. "Child" means a child for whom a grown-up has set up a child space. "Family" means the grown-ups and children who share one TaleTykes family account.

1.4 Changes to these terms

We may update these Terms. Every version has a number, and we keep every past version.

• If a change matters to you, such as a change to fees, your rights, or how disputes are handled, we email the account holder at least 30 days before it takes effect and post the new version on this page.
• Small changes, such as fixing a typo, making a sentence clearer, or reflecting a new feature you don't have to use, take effect when we post them.
• A change we must make to follow the law, or to deal with a safety risk, may take effect sooner. We tell you as soon as we reasonably can.
• If you don't agree to a change, you can cancel your plan before it takes effect, as section 6.8 describes. If you keep using the Service after the change takes effect, you accept the new Terms.

Changes to section 20 (disputes and arbitration) follow the special rule in section 20.14.

2. Who can use TaleTykes

2.1 Grown-ups only hold accounts

To create a TaleTykes account you must be at least 18 years old (or the age of majority where you live, if that is older), live in the United States, and be able to form a binding contract. The Service is offered in the United States only.

You may not create an account if we have closed a previous account of yours for breaking these Terms, or if you are barred from receiving services under US law.

2.2 Children use TaleTykes only through a grown-up

Children never hold TaleTykes accounts and never agree to these Terms themselves. A parent or legal guardian sets up a child space for each child, gives the consent described in the Notice for parents, and stays responsible for how the child uses the Service. A teacher or school may set up a child space only under the School terms.

You may set up a child space only for a child who is in your legal care, or for whom you have the permission of the child's parent or legal guardian. When you set one up, you confirm that you are the child's parent or legal guardian, or that you have that permission.

2.3 Adding other grown-ups to your family

You may invite other adults to your family account, such as a second parent, a grandparent or a caregiver. Each grown-up you add:

• must be 18 or older and must accept these Terms;
• can see your children's reading records and settings;
• can change settings such as time limits, topic blocks and text tips, unless we tell you that a setting is limited to the account holder;
• signs in with their own email and sign-in methods, never with yours.

You are responsible for whom you invite. Remove a grown-up from your family settings as soon as they should no longer have access. Some actions are limited to the primary account holder, such as giving or withdrawing consent for a child, changing the plan and closing the account.

2.4 Co-guardians and shared custody

If two parents or guardians share responsibility for a child, either may hold the family account or be added to it. We are not able to resolve disagreements between guardians. If guardians disagree about a child's space, we act on the instructions of the account holder unless a court order we have received says otherwise. If you send us a court order that limits a person's access to a child's records, we will take reasonable steps to follow it. Email legal@taletykes.com.

3. Your account

3.1 Creating your account

When you create an account, give us accurate information and keep it up to date. Your email address must be one you control, because we use it to sign you in and to send notices about your account, billing and these Terms.

3.2 How you sign in

Families sign in with an email link, an 8-digit code sent by email, a passkey, Sign in with Google or Sign in with Apple. You may add an authenticator app as a second step. We ask for a second check before some sensitive actions, such as changing billing, closing an account, or changing consent for a child.

Teachers and school staff may also sign in through their school's single sign-on provider. Staff of TaleTykes have their own sign-in rules.

3.3 Keeping your account safe

You are responsible for keeping your sign-in methods safe. That includes your email account, your devices, your passkeys, and any authenticator app or backup codes.

• Don't share your sign-in methods with anyone, including people in your family. Invite them as grown-ups instead.
• Don't let a child use your grown-up sign-in. Children use their own child sign-in on a device you trusted (section 4).
• Tell us at once at security@taletykes.com if you think someone else has used your account.

You are responsible for what happens in your account, unless it happened because we failed to take reasonable care. We may ask you to confirm your identity before we act on a request about your account.

3.4 Sessions and sign-out

To protect children's records, we sign grown-ups out after a period without use and after a maximum session length. The Cookies and storage page lists the limits. You can see and end your active sessions in Account → Security.

3.5 Account emails

We send emails needed to run your account, such as sign-in codes, receipts, trial reminders, payment problems, safety notices, and notices about these Terms or our privacy documents. You can't turn these off while you have an account. You can turn off optional emails, such as weekly summaries, in your settings.

4. Children's spaces

4.1 Your responsibility as a parent or guardian

You decide whether your child uses TaleTykes, which devices they use it on, and for how long. You are responsible for supervising your child's use, for the settings you choose, and for any device you trust for your child's sign-in. TaleTykes is designed so that children don't need to type, chat or share anything, but no service is a substitute for a grown-up's attention.

4.2 Consent

Before your child can use their space, you give consent as the Notice for parents describes. Core consent is required for the reading space. Recording read-aloud, putting your child's first name in books and messages to you, and taking part in research comparisons are each optional and off until you turn them on. Saying no to an optional choice never stops your child using the core service. A child without core consent can't sign in. You can withdraw any consent at any time in Settings → Privacy & data or the child's settings.

4.3 The grown-up gate

Some parts of TaleTykes are for grown-ups only, such as settings, billing, reports and links outside the child area. We put a grown-up gate in front of them. The gate is designed to stop a young child wandering into those areas by accident. It is not a security control against an older child who knows the answer. Don't share the way past the gate with your child, and use a device passcode as well.

4.4 Trusted devices and child sign-in

Children sign in only on a device a grown-up has trusted while signed in. A child signs in with a picture password, a three-word passphrase, a username, a class badge, or a tap, depending on the settings you or the school choose. These child sign-in methods are simpler than a grown-up's on purpose. Trust only devices that you control or supervise, and remove a device in your family settings if it is lost, sold or given away. After repeated wrong tries, a child's sign-in locks for a while.

4.5 Time limits and quiet hours

You can set a daily time limit for each child, and quiet hours when the reading space is closed. When the limit is reached or quiet hours begin, the child's space tells them it's time to stop. Time limits work from your settings and the time zone on your account. On a school device during school use, the school's settings apply instead. We don't send notifications to children, and we don't use streaks that a child can lose, loot boxes, or endless feeds.

4.6 Things a child cannot do

A child cannot type messages, chat with anyone, talk to an AI model, see other children's work, buy anything, or change settings. Children choose from pictures, tiles and menus. If you see something in a child's space that looks like it breaks these rules, tell us at safety@taletykes.com.

5. What TaleTykes is, and what it is not

5.1 What TaleTykes does

TaleTykes is reading and writing practice for children from Pre-K to grade 8. We estimate which sounds, words and skills a child is practicing from what they do in the Service, then make books and activities for that point. Each book is checked by code for readability, decodability where it applies, safety and structure before a child can see it. Grown-ups see a record of what a child has read and practiced.

5.2 Practice, not instruction or evaluation

TaleTykes is practice to go alongside a child's schooling or homeschooling. It is not:

• instruction by a licensed or certified teacher, reading specialist, therapist or tutor;
• an evaluation, assessment or determination of any kind for special education, eligibility, placement, grading or promotion;
• medical, psychological, speech, language or educational advice.

TaleTykes does not diagnose or screen for any condition. Reading-speed comparisons and skill estimates are a check-in for grown-ups, shown as ranges, and they are estimates. If you are worried about your child's reading, speech, hearing, sight, attention or wellbeing, talk to their teacher, their school, or a qualified professional.

5.3 No promise of a particular result

Every child learns differently. We work to make useful practice, but we don't promise that a child will reach any particular level, score, grade or result by using TaleTykes.

5.4 Availability

We work to keep TaleTykes available, but it may be unavailable at times for maintenance, updates, problems with our providers, or events we can't control. Some features need an internet connection and a supported browser or device version. We may limit how many books or activities can be made in a period to keep the Service working for everyone.

6. Plans, trials and billing

6.1 Paid plans only

TaleTykes is a paid service. There is no free plan. Family plans, what they include, and their current prices are on the Pricing page. Prices are in US dollars. The plan details shown to you at checkout, together with these Terms, are the terms of your purchase.

6.2 What "subscription" means here

A subscription is a plan that renews automatically, monthly or yearly, until you cancel. When you buy a subscription, you authorize us, through our payment processor Stripe, to charge the payment method you gave us at the start of each billing period, without asking you again each time, until you cancel.

6.3 The free trial

New families can start one free trial. The trial length and the number of new books included are shown on the Pricing page and on the checkout page before you start. At the time of writing, a family trial lasts 7 days and includes 3 new books.

• You must give a valid payment card to start the trial.
• Your plan starts and your card is charged the plan price when the trial ends, unless you cancel before then.
• You can cancel during the trial at any time, the same way you started it (section 6.8). If you cancel during the trial, you are not charged for the plan.
• One trial per family and per card. We keep a one-way fingerprint of the card to stop repeat trials. We may end a trial early, or refuse one, if we reasonably believe it was started to get around this rule.
• Book packs can't be bought during a trial.

6.4 The 50-cent card check

When you start a trial, we place a charge of 50 cents on your card. It confirms that the card works and that an adult card holder is setting up the account. It is also one of the ways we get verifiable parental consent under COPPA, as the Notice for parents explains. We refund the 50 cents automatically. Your bank decides how quickly the refund appears on your statement.

6.5 Automatic renewal terms

This section gives the automatic renewal disclosures that state laws, including California Business and Professions Code sections 17600 and following and New York General Business Law section 527-a, and the Federal Trade Commission's rules on negative option offers, require. In short:

• Before you buy, the checkout page shows, clearly and near the button you press to buy: that the plan renews automatically until you cancel; the price you'll be charged and how often; the length of any trial and the date your plan starts if you don't cancel; how to cancel; and a link to these Terms.
• Your consent. We charge you only after you agree to these renewal terms by an action you take for that purpose, such as pressing the button that starts your trial or plan. We don't use a pre-checked box.
• Acknowledgment. After you start a trial or plan, we send an email to your account address that confirms the plan, the price, how often you'll be charged, the trial end date if there is one, and how to cancel. You can also see these details at any time in Account → Billing.
• Reminders. We send an email reminder before your trial ends, saying the date the plan will start, the price, and how to cancel. If you are on a yearly plan, we send an email reminder before your plan renews, with the renewal date, the price and how to cancel.
• Material changes. If we change the renewal terms in a way that matters, such as the price, we tell you by email before the change applies to you (see section 6.12), and say how to cancel.
• Easy cancellation. You can cancel online, at any time, the same way you signed up: in Account → Billing, or by following the steps at Cancel a plan. Cancelling online is no harder than signing up was. You don't need to call us or talk to anyone.

6.6 Monthly and yearly plans

A monthly plan renews each month on the day your paid period began. A yearly plan renews each year on that date. You can switch between monthly and yearly, or between plans, from Account → Billing. When you switch, the checkout or billing page tells you what you'll pay and when before you confirm.

6.7 Plan limits

Each family plan sets how many children can have a space and how many new books are made each month. The Pricing page lists the limits. If you move to a plan with fewer child spaces than you use, we ask you to choose which children stay active. Records for the others are kept as our Retention schedule describes.

6.8 How to cancel

You can cancel at any time:

• in Account → Billing, by choosing to cancel your plan; or
• by following the steps at Cancel a plan; or
• if you can't sign in, by writing to us through Contact us from the email address on the account.

When you cancel a paid plan, it stays active until the end of the period you already paid for, and then it doesn't renew. We send you an email confirming the cancellation. Your children keep the books already on their shelves while your account is open. Cancelling a plan doesn't delete your account or your children's records. To delete them, use Settings → Privacy & data, as the Privacy policy explains.

6.9 Refunds

• If something went wrong on our side, such as a charge you didn't agree to, a duplicate charge, or the Service not working for you because of a problem we caused, tell us within 14 days of the charge through Contact us. We will fix the problem or refund the charge.
• Otherwise, payments are not refundable, and we don't give refunds or credits for part of a billing period, for unused books, or for a period in which you didn't use the Service, except where the law requires it.
• The 50-cent card check is always refunded automatically (section 6.4).
• Your state's law may give you extra rights, such as a right to cancel and get a refund within a set time. Nothing in these Terms takes away a right the law gives you.
• If you bought through Apple (section 8.3), Apple handles refunds under its own rules.

Refunds go back to the payment method you used.

6.10 Book allowances

Each family plan includes a number of new books each month, shown on the Pricing page. A "month" runs from the day your billing period started. Unused books don't roll over into the next month and have no cash value. A grown-up can ask for a book on a chosen topic, up to the request limit for each child each month that the Service shows.

6.11 Book packs

If your family runs out of new books in a month, you can buy a book pack from Account → Billing while you're on a paid plan. A book pack adds the number of books shown at purchase to your current family account. Book packs are a one-time purchase, not a subscription. Unless the purchase page says otherwise, book pack books must be used while your plan is active and have no cash value. Book packs follow the refund rules in section 6.9.

6.12 Price changes

We may change our prices. If we raise the price of your plan, we email you at least 30 days before the new price applies to you. The new price starts at your first renewal after that notice period. If you don't want to pay the new price, cancel before it takes effect. A price change never applies to a period you already paid for.

6.13 Taxes

Prices don't include sales tax or similar taxes unless the checkout page says so. Where the law requires us to collect tax, we add it at checkout, based on the billing address or ZIP code you give, and show it before you pay. You are responsible for any other taxes that apply to your purchase.

6.14 Payment processing

Payments are handled by Stripe, Inc. We never see or store your full card number. We receive the card's brand, last four digits, expiry date and billing ZIP code. By paying, you also agree to the terms Stripe shows you. You must use a payment method you are allowed to use.

6.15 Failed payments

If a renewal payment fails, we email you and show a notice in Account → Billing. Stripe tries the payment again on a schedule. While a payment is overdue, we may pause new books. If the payment still fails after the retries, your plan ends and doesn't renew. Your children keep the books already on their shelves while your account stays open. You can update your card or start a plan again at any time.

6.16 Promotional codes and offers

We may offer promotional codes, discounts or special offers. Each offer has the terms shown with it. Unless those terms say otherwise, a promotional code:

• can be used once per family, only by the person it was meant for, and only before it expires;
• has no cash value and can't be sold, traded or combined with another offer;
• may be withdrawn if it was obtained or used in a way that breaks its terms or these Terms.

When a discount ends, the plan renews at the regular price shown to you when you used the offer, unless you cancel.

6.17 Chargebacks

If you think a charge is wrong, please contact us first. We can usually fix it quickly. If you dispute a charge with your bank, we may pause the account while the dispute is open.

7. Schools and teachers

7.1 School and district accounts

If a school, district or other education organization provides TaleTykes to you or your students, its use is governed by the School terms and any order form or quote it signed, not by the consumer billing rules in section 6 or the arbitration agreement in section 20. If these Terms and the School terms conflict on school use, the School terms win.

7.2 Teacher accounts

A teacher who buys a Classroom plan with their own money agrees to these Terms and to the School terms for student data. A teacher may add students only with the authority of their school, and only for the school's educational purposes. Teachers have extra duties in our Acceptable use policy.

7.3 Classroom use of a family account

A family account is for a family. Don't use it to run a classroom, tutoring business, or program for children who aren't in your family. Use a Classroom, School or District plan for that.

7.4 Children with both a family and a school space

A child may have a space through their family and another through their school. The family's consent and settings apply to the family space. The school's authorization and settings apply to the school space, as the School terms describe. Where TaleTykes lets a family and a school share a child's reading, it does so only when both have chosen to.

8. The iPhone and iPad app

8.1 Using the app

The TaleTykes app for iPhone and iPad is part of the Service, and these Terms apply to it. You need an Apple device with a supported version of iOS or iPadOS. We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the app on Apple-branded devices that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions. Family Sharing may let other members of your Apple family use the app, where Apple allows it.

8.2 Apple's terms for apps from the App Store

If you got the app from Apple's App Store, you and we agree that:

• Apple isn't a party. These Terms are between you and TaleTykes only, not Apple. TaleTykes, not Apple, is solely responsible for the app and its content.
• Maintenance and support. TaleTykes alone is responsible for maintenance and support of the app, as these Terms describe or as the law requires. Apple has no duty to provide maintenance or support for the app.
• Warranty. To the extent a warranty applies under the law, TaleTykes is responsible for it, not Apple. If the app doesn't conform to an applicable warranty, you may tell Apple, and Apple will refund the purchase price, if any, you paid Apple for the app. To the fullest extent the law allows, Apple has no other warranty duty for the app. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are TaleTykes' responsibility, to the extent these Terms make them so.
• Product claims. TaleTykes, not Apple, is responsible for dealing with any claims by you or a third party about the app or your possession or use of it, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• Intellectual property claims. If a third party claims that the app, or your possession and use of it, infringes their intellectual property rights, TaleTykes, not Apple, is solely responsible for investigating, defending, settling and discharging that claim.
• Legal compliance. You confirm that you are not located in a country that is subject to a US Government embargo or that the US Government has designated as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
• Third-party terms. You must follow any third-party terms that apply when you use the app, such as your wireless data service agreement.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

Questions, complaints or claims about the app go to TaleTykes through Contact us or legal@taletykes.com.

8.3 Purchases in the app

If we offer plans or book packs for purchase inside the iOS app, those purchases are billed by Apple through your Apple ID, under Apple's terms. In that case Apple, not Stripe, holds your payment details, and you manage, cancel and ask for refunds of those purchases through your Apple account settings, not through Account → Billing. The plan's features, limits and these Terms otherwise apply in the same way. If we don't offer in-app purchases, you buy plans on our website and sign in to the app with the same account.

8.4 No notifications to children

The app doesn't send push notifications to children. Grown-ups receive account emails and, if they choose, text tips.

9. Text messages

If you choose to receive TaleTykes reading tips by text message, the Text message terms apply. Texts are only for grown-ups, only to a US mobile number you have verified, and only after you turn them on. We never text children and never send marketing texts. Reply STOP to any text to stop them. Message and data rates may apply.

10. Books and AI

10.1 How books are made

Books in TaleTykes are written and illustrated with the help of AI models, from settings the Service chooses: a child's band and level, the sounds and words they are practicing, the content rules for their band, topics picked from a menu, and topics a grown-up has blocked. We don't send a child's name or other personal information to any AI vendor. The How TaleTykes uses AI page explains which models we use and what they receive.

10.2 Checks before a child sees a book

Nothing generated reaches a child until our automated checks pass: decodability for early readers, readability for the band, safety and content rules, and structure. Some books are also read by a person on our review team. A book that fails a check is never shown to a child.

10.3 Books may still contain mistakes

AI models make mistakes, and so do checks and people. A book may contain a wrong fact, an odd sentence, a picture that doesn't match the text, a word that is harder than it should be, or something that isn't right for your child. Books are marked so you can see they were made with AI. Please read with your child when you can, and report any problem (section 10.4). Don't rely on a book for safety, health, medical, legal or other advice.

10.4 Reporting a book

Use Report this book on a book's page, or write to safety@taletykes.com. A person on our safety team looks at every report. The Content standards explain what happens next and how to appeal a decision.

10.5 Our license to you for books

Subject to these Terms and while your account is open, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• read and listen to the books in your family's space, with your children, on any device you use with the Service;
• print books at home for your family's own use;
• share books, printed or on screen, with members of your household and family, for their personal, non-commercial use;
• if you are a teacher with a Classroom, School or District plan, display, print and share books with the students and co-teachers in the classes covered by your plan, for classroom use.

You may not sell, rent, publish, post publicly, upload to another service, or use the books to train an AI model, or remove the AI marking or our notices from them, unless we agree in writing. Our Acceptable use policy has more detail.

10.6 Who owns the books

As between you and us, TaleTykes owns the books, pictures, audio and other material we create for the Service, to the extent they can be protected by copyright or other rights. Material created with AI may have limited or no copyright protection under US law, and some parts of a book may not be protected at all. Our license in section 10.5 doesn't depend on whether a particular part is protected.

A book made for your family that includes your child's name or your child's own writing stays in your family's space. It is never added to the shared library and never shown to another family. Books in the shared library contain no information about any child.

11. Your content and your child's writing

11.1 What "your content" means

"Your content" means anything you or your child put into the Service: settings and choices, topics you ask for, notes you write, messages you send us, your child's answers, and writing your child builds from tiles and prompts.

11.2 You own your content

You (or your child, as the law provides) keep any ownership rights you have in your content. We don't claim ownership of your child's writing.

11.3 The license you give us

You give us a non-exclusive, worldwide, royalty-free license to host, store, copy, process, adapt, display and transmit your content only as needed to run, secure and improve the Service for you, as these Terms and the Privacy policy describe. That includes: checking writing for safety; scoring it; making books from your settings; showing your child's work to you, to other grown-ups in your family, and, where you or the school have arranged it, to your child's teacher; and keeping backups. The license ends when your content is deleted from our systems, as our Retention schedule describes, except for copies we must keep by law.

11.4 No training and no advertising

We don't use your content or your child's content to train AI models, and our AI vendors operate under terms that bar them from training on what we send and limit retention. We don't sell your content or use it for advertising.

11.5 Free text from grown-ups

Grown-ups may type in a few places, such as a request for a book topic or a message to us. Free text from a grown-up is checked and reduced to structured choices before any of it is used to make a book. Don't put a child's full name, address, school, health information or other identifying details in free text. We may refuse or edit a request that breaks our Content standards or Acceptable use policy.

11.6 Safety review of children's writing

If a child's writing suggests the child may be at risk of harm, may be harming someone else, or is being harmed, we may hold that writing for a person on our safety team to review. AI never decides on its own whether a child is safe. Where it is appropriate, and where the law requires, we may contact you, the child's school, or the authorities. The Content standards explain how this works.

11.7 Your promises about your content

You confirm that you have the rights needed to give us the license in section 11.3, and that your content doesn't break the law or our Acceptable use policy.

11.8 Feedback

If you send us ideas, suggestions or comments about the Service ("feedback"), you give us permission to use them without paying you or owing you anything. Please don't send feedback that includes information about a child. We don't have to use feedback, and sending it doesn't give you any rights in the Service.

12. Rules for using TaleTykes

12.1 Use the Service for its purpose

Use TaleTykes only for reading and writing practice for the children in your care or your classes, and only as these Terms and the law allow.

12.2 Summary of our acceptable use rules

The Acceptable use policy is part of these Terms. In summary, you must not:

• share a child's space, sign-in or trusted device with anyone outside your family or the child's class;
• put a child's identifying details into free-text fields, or try to get personal information into books;
• try to get around the grown-up gate, consent, time limits, content checks or any other safety feature;
• try to make the Service produce unsafe content, including by putting instructions to an AI model in free text;
• copy, scrape, crawl or harvest the Service, the books or other users' information, or use bots or automated tools to access it, except as our robots.txt file allows for public pages;
• break into, overload, probe or test the security of the Service, except as our vulnerability disclosure rules on the Security page allow;
• decompile, reverse engineer or disassemble the Service or the app, except where the law allows it despite this rule;
• resell, sublicense or rent the Service, or use it to run a business for children outside your family, without a written agreement with us;
• misuse reporting tools, such as filing false reports;
• break any law, or infringe anyone's rights.

13. Our intellectual property

13.1 The Service belongs to us

The Service, including its software, design, text, books, pictures, audio, lessons, skill graph, word lists, scope and sequence, and the arrangement of all of them, belongs to TaleTykes or our licensors and is protected by US and other laws. Except for the licenses in these Terms, we don't give you any right in the Service. All rights we don't expressly grant are reserved.

13.2 Our trademarks

"TaleTykes", our logo, the book-stack mark and other names and marks we use are trademarks of TaleTykes, Inc. You may not use them without our written permission, except to refer to TaleTykes accurately. Other names and marks belong to their owners. The Licenses and credits page lists the fonts, data and open-source software we use and their licenses.

13.3 Copyright complaints

We respect the rights of creators. If you believe something in the Service infringes your copyright, follow the steps in our Copyright and DMCA policy. We close the accounts of repeat infringers in appropriate circumstances.

14. Third-party services and integrations

14.1 Services you choose to connect

You or your school may choose to connect TaleTykes with services run by others, such as Sign in with Google, Sign in with Apple, Google Classroom, Clever, ClassLink, learning management systems that use LTI, and school single sign-on providers. Those services are run by their own companies under their own terms and privacy policies. We aren't responsible for them, and your use of them is between you and them. If one of them stops working or changes, the matching feature in TaleTykes may stop working.

14.2 Our service providers

We use a small number of service providers to run TaleTykes, such as our hosting, database, payment, email and text message providers and the AI vendors that help make books. They are listed on our Subprocessors page. We are responsible for how they handle personal information on our behalf, as our Privacy policy describes.

14.3 Links

The grown-up parts of TaleTykes may link to other websites. We don't control them and aren't responsible for their content or practices. Children's spaces don't contain links to other websites.

15. Privacy

Your privacy and your child's privacy matter to us. Our Privacy policy and the Notice for parents explain what we collect, why, who we share it with, how long we keep it, and your rights. In short: we don't sell personal information, we don't use third-party analytics, ads or trackers, we don't send a child's personal information to AI vendors, and we don't use anyone's information to train AI models. Residents of some states have extra rights, which our State privacy notice describes.

16. Changes, suspension and ending your account

16.1 Changes to the Service

We change and improve TaleTykes over time. We may add, change or remove features. If we remove a feature that is a main part of a paid plan you have, we tell you in advance where we reasonably can, and if the change leaves you materially worse off you can cancel and ask for a refund of the unused part of the current period.

16.2 If we stop offering TaleTykes

If we decide to close the Service as a whole, we give account holders at least 60 days' notice by email. During that time you can download your family's information from Settings → Privacy & data. We refund any part of a prepaid period that runs past the closing date.

16.3 Ending your account yourself

You can close your account at any time from Settings → Privacy & data. Closing your account cancels your plan and starts deletion of your family's information, as the Privacy policy and Retention schedule describe. You can also delete a single child's space without closing the account.

16.4 Suspension or closure by us

We may suspend or close your account, a child's space, or your access to part of the Service if:

• you break these Terms or our Acceptable use policy in a serious way, or keep breaking them after we told you to stop;
• we reasonably believe it is needed to protect a child, another user, the Service or the public;
• we must do so to follow the law or an order of a court or government authority;
• your payment fails and isn't fixed, as section 6.15 describes;
• your account has been inactive for a long time and has no active plan, after we have emailed you and given you a chance to keep it.

Where we reasonably can, we tell you why and give you a chance to fix the problem first. We don't do this when it would put a child at risk, harm an investigation, or break the law. If you think we made a mistake, you can appeal as our Acceptable use policy explains. If we close your account without cause, we refund the unused part of any prepaid period.

16.5 What happens when your account ends

When your account ends, your right to use the Service ends, and we delete or de-identify your family's information as our Retention schedule describes. You can download your family's information before you close your account.

16.6 What survives

Sections that by their nature should continue after your account ends continue, including sections 6.9 (refunds), 10.6 (ownership of books), 11.8 (feedback), 13 (our intellectual property), 17 (disclaimers), 18 (limitation of liability), 19 (indemnity), 20 (disputes and arbitration), 21 (governing law), and 22 (general terms).

17. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, TALETYKES, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE PARAGRAPH ABOVE, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; THAT BOOKS, PICTURES, SKILL ESTIMATES OR REPORTS WILL BE ACCURATE, COMPLETE OR SUITABLE FOR EVERY CHILD; THAT DEFECTS WILL BE CORRECTED; OR THAT USING THE SERVICE WILL LEAD TO ANY PARTICULAR LEARNING OUTCOME. BOOKS AND OTHER MATERIAL MADE WITH AI MAY CONTAIN MISTAKES.

THE SERVICE IS NOT A SUBSTITUTE FOR A TEACHER, A QUALIFIED PROFESSIONAL, OR A GROWN-UP'S SUPERVISION. YOU ARE RESPONSIBLE FOR DECIDING WHETHER THE SERVICE IS RIGHT FOR YOUR CHILD.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTY IS LIMITED TO THE SHORTEST PERIOD AND NARROWEST SCOPE THE LAW ALLOWS.

18. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, TALETYKES, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHATEVER THE LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY ARE PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT THE LAW DOES NOT ALLOW TO BE LIMITED OR EXCLUDED, SUCH AS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS THAT CANNOT BE WAIVED. SOME STATES DO NOT ALLOW SOME OF THE LIMITS ABOVE, SO THEY MAY NOT APPLY TO YOU.

19. Indemnity

To the extent the law allows, you agree to defend, indemnify and hold harmless TaleTykes and its officers, employees and agents from third-party claims, and the losses, damages and reasonable costs (including reasonable attorneys' fees) that result from them, to the extent they arise from:

• your breach of these Terms or the Acceptable use policy;
• your misuse of the Service, including content you put into it that you didn't have the right to use; or
• your violation of the law or of someone else's rights.

This doesn't apply to the extent a claim was caused by our own breach, negligence or misconduct. We will tell you promptly about any claim, let you control the defense where it is fair to do so, and cooperate reasonably at your cost. You may not settle a claim in a way that admits fault for us or binds us without our written agreement. If you are a school or government entity, this section applies only to the extent your governing law allows.

20. Disputes and arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. UNLESS YOU OPT OUT UNDER SECTION 20.11, IT REQUIRES YOU AND TALETYKES TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION.

20.1 What this agreement covers

This arbitration agreement covers any dispute, claim or controversy between you and TaleTykes that arises out of or relates to these Terms, the Service, your account, your child's space, billing, our privacy practices, or our communications with you, whether it is based on contract, statute, regulation, tort or any other legal theory, and whether it arose before or after you agreed to these Terms (a "Dispute"). It also covers Disputes about whether this section is valid, enforceable or applies, except as section 20.13 says. "TaleTykes" here includes our officers, employees and agents, who may enforce this section.

20.2 Who this agreement doesn't cover

This section doesn't apply to schools, school districts, or other government entities, or to disputes under a school agreement or order form. Those are governed by the School terms. It also doesn't apply to anyone who opted out under section 20.11.

20.3 Try to resolve it informally first

Most problems can be sorted out quickly. Before either of us starts an arbitration or small claims case, the one who has the Dispute must send the other a written Notice of Dispute and give the other 60 days to try to resolve it.

• If you have a Dispute, email your Notice of Dispute to legal@taletykes.com.
• If we have a Dispute, we email it to the email address on your account.
• A Notice of Dispute must include your name, the email address on your account, a description of the Dispute, and the relief you want. It must be signed by you personally (and by your lawyer, if you have one). A notice sent by a lawyer or other person on behalf of more than one customer isn't valid.

During the 60 days, either of us may ask the other for a call or video meeting to discuss the Dispute in good faith. If you have a lawyer, they may join. The 60-day period may be extended by agreement. Statutes of limitations and filing fee deadlines are paused while the informal process is under way. Taking part in the informal process is a condition of starting arbitration, and an arbitrator or court may enforce it.

20.4 Binding individual arbitration

If the Dispute isn't resolved within 60 days, either of us may start binding arbitration. Arbitration is conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the arbitration is started (the "AAA Rules"), as changed by this section. The AAA Rules are available at www.adr.org. If the AAA is unavailable or refuses to administer the arbitration, we will agree on another arbitration provider, or a court will appoint one.

In arbitration there is no judge or jury, and review by a court is limited. An arbitrator can award the same damages and relief on an individual basis as a court could, and must follow these Terms as a court would. The arbitrator's decision is final and binding, and judgment on it may be entered in any court that has jurisdiction.

20.5 Fees

Payment of the AAA's filing, administration and arbitrator fees is governed by the AAA Rules, which limit what a consumer pays. If you show that the cost of arbitration would be prohibitive compared with the cost of going to court, we will pay as much of your share of the fees as the arbitrator finds is needed to prevent that. Each side pays its own lawyers' fees and costs, unless the law or the AAA Rules allow the arbitrator to award them. We won't seek our lawyers' fees from you unless the arbitrator finds your claim was frivolous or brought for an improper purpose.

20.6 Where and how arbitration happens

Arbitration will be held by video conference or telephone, or based on written submissions alone if the AAA Rules allow, unless you ask for an in-person hearing. If there is an in-person hearing, it will be held in the county where you live, or somewhere else we both agree to.

20.7 Small claims court

Instead of arbitration, either of us may bring an individual claim in small claims court in the county where you live, or in New Castle County, Delaware, if the claim qualifies there and stays in that court. If one of us files in arbitration a claim that qualifies for small claims court, the other may choose to have it heard in small claims court instead, before the arbitrator is appointed.

20.8 Exceptions

Either of us may bring these in court instead of arbitration:

• a claim that the other infringed or misused intellectual property, such as copyrights, trademarks, trade secrets or patents;
• a request for an injunction or other order to stop unauthorized use of, or access to, the Service, or abuse of the Service, including scraping, security attacks, or attempts to get around our safety features, while an arbitration is pending or instead of one.

20.9 Class action and jury trial waiver

YOU AND TALETYKES EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING IT, AND ONLY TO THE EXTENT NEEDED TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT AS SECTION 20.10 ALLOWS FOR BATCHES.

YOU AND TALETYKES EACH WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE, INCLUDING ANY DISPUTE THAT GOES TO COURT UNDER THIS SECTION.

If a court decides that the law doesn't allow a claim for public injunctive relief to be limited in this way, that claim will be decided by a court after the individual claims are arbitrated, as section 20.13 describes.

20.10 Mass arbitration

If 25 or more demands for arbitration that raise similar claims are filed against TaleTykes, or by TaleTykes, by the same or coordinated lawyers or organizations (a "Mass Filing"), the following applies in addition to the AAA Rules, including the AAA's Mass Arbitration Supplementary Rules where they apply:

• Batching. The AAA will group the demands into batches of no more than 25 demands each, with one arbitrator for each batch. Each batch is decided in a single proceeding, with one set of fees for the batch.
• Bellwether proceedings. Before the rest are administered, the lawyers for the claimants and TaleTykes will each choose up to 10 demands, and those demands will proceed first as bellwether cases, each decided individually. The results of the bellwether cases are given to the parties and the arbitrators of later batches to help the remaining demands be resolved, settled or withdrawn. They aren't binding on any claimant who wasn't part of a bellwether case.
• Staying the rest. While the bellwether cases are pending, the other demands are paused. No filing or administration fees are owed for paused demands until they leave the pause. Statutes of limitations are paused for those demands for the same time.
• Mediation. After the bellwether cases are decided, the parties will mediate the remaining demands in good faith for at least 60 days, with the mediator's fees paid by TaleTykes.
• Resolving disagreements. If the parties disagree about whether these rules apply or how they work, the AAA will appoint a single administrative arbitrator to decide, with fees paid by TaleTykes.
• Court option. If these batching rules are found unenforceable for a Mass Filing, each claimant may choose to bring their individual claim in court as section 21 describes, instead of arbitration.

This section doesn't stop either side from settling a claim at any time.

20.11 How to opt out within 30 days

You can opt out of this arbitration agreement. To do so, email legal@taletykes.com within 30 days of the day you first accepted these Terms (or, if you already had an account, within 30 days of the day this version took effect). Your email must include your name, the email address on your TaleTykes account, and a clear statement that you want to opt out of the arbitration agreement in the TaleTykes Terms of service. An opt-out sent by someone else on your behalf, or covering more than one person, isn't valid.

Opting out doesn't affect anything else in these Terms, and it doesn't affect any earlier arbitration agreement you made with us. If you opt out, Disputes go to the courts described in section 21. We confirm your opt-out by email.

20.12 Time limit for bringing claims

To the extent the law allows, a Dispute must be started, by sending a Notice of Dispute under section 20.3, within one year after the claim arose. If it isn't, it is permanently barred. This doesn't shorten any period that the law says can't be shortened.

20.13 Severability of this section

If any part of this section 20 is found invalid or unenforceable, the rest of it still applies, except that:

• if the class action waiver in section 20.9 is found unenforceable for a particular claim or request for relief, that claim or request (and only that one) will be severed and decided by the state or federal courts in Delaware, after the individual arbitration of everything else is complete, and everything else stays in arbitration;
• a court, not an arbitrator, decides any question about whether section 20.9 or 20.10 is valid, enforceable or applies.

20.14 Changes to this section

If we change this section after you accepted it, the change doesn't apply to any Dispute you or we already notified the other of before the change took effect. You can also reject a future change to this section by emailing legal@taletykes.com within 30 days after the change takes effect, with your name, account email and a clear statement that you reject the change. If you reject it, the version of this section you last accepted still applies to you. Rejecting a change doesn't end your account or this agreement.

20.15 Federal Arbitration Act

This section 20 is governed by the Federal Arbitration Act (9 U.S.C. 1 and following) and federal arbitration law. It evidences a transaction in interstate commerce.

21. Governing law and courts

These Terms and any Dispute are governed by the Federal Arbitration Act for section 20, and otherwise by the laws of the State of Delaware and the federal laws of the United States, without regard to conflict-of-law rules. If you live in a state whose consumer protection laws give you rights that can't be waived by choosing another state's law, you keep those rights.

Any Dispute that isn't arbitrated or decided in small claims court must be brought only in the state or federal courts located in Delaware, and you and we consent to the personal jurisdiction of those courts, unless the law gives you a right to bring the claim in the courts where you live. The United Nations Convention on Contracts for the International Sale of Goods doesn't apply.

22. General terms

22.1 Export controls

You may not use, export or re-export the Service or the app except as US law allows. You confirm you aren't located in a country subject to a US Government embargo, and aren't on any US Government list of prohibited or restricted parties. The Service is offered only in the United States.

22.2 Electronic communications

You agree to receive agreements, notices, disclosures and other communications from us electronically, by email to the address on your account or by posting them in the Service. Electronic communications satisfy any legal requirement that a communication be in writing. Keep a copy of these Terms and of any email we send about your plan. You may withdraw your consent to electronic communications by closing your account. You can ask for a paper copy of these Terms at legal@taletykes.com.

22.3 Notices

We send notices to you by email to the address on your account, or in the Service. A notice is given when we send it. You send legal notices to us by email to legal@taletykes.com, unless these Terms name another address for a particular kind of notice. Notices of Dispute and arbitration opt-outs must go to legal@taletykes.com.

22.4 Assignment

You may not transfer your rights or duties under these Terms to anyone else without our written consent. We may transfer them, as part of a merger, acquisition, reorganization or sale of assets, or to an affiliate, if the receiving company agrees to honor these Terms and our privacy commitments. We will tell you before your information is transferred, as the Privacy policy describes.

22.5 Severability

If a court or arbitrator finds part of these Terms invalid or unenforceable, that part will be enforced as far as possible, and the rest of these Terms stays in effect. Section 20.13 governs severability of the arbitration agreement.

22.6 No waiver

If we don't enforce a part of these Terms, that doesn't mean we give up the right to enforce it later. A waiver must be in writing to be effective.

22.7 Entire agreement

These Terms, with the documents listed in section 1.2 and anything you agree to at checkout, are the entire agreement between you and us about the Service. They replace any earlier agreement on the same subject. If you also have a signed agreement with us, such as a school order form, that agreement controls where it conflicts with these Terms.

22.8 Force majeure

We aren't responsible for a delay or failure caused by events beyond our reasonable control, such as natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government action, failures of the internet, power or telecommunications, or failures of our providers that we couldn't reasonably avoid. We will try to limit the effect on you and resume as soon as we reasonably can.

22.9 Relationship

You and we are independent. These Terms don't create a partnership, joint venture, employment or agency relationship.

22.10 No third-party beneficiaries

Except for Apple (section 8.2) and the people section 20.1 names, no one other than you and us has rights under these Terms.

22.11 Interpretation

"Including" means "including without limitation". Headings are for convenience only. If we translate these Terms, the English version controls.

22.12 California consumer notice

Under California Civil Code section 1789.3, California users are entitled to this notice. The Service is provided by TaleTykes, Inc. Charges for the Service are shown on the Pricing page and at checkout. You may contact us with a complaint through Contact us or at legal@taletykes.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

22.13 Accessibility

We want TaleTykes to work for everyone. Our Accessibility page describes what we do and how to tell us about a barrier.

23. Contact

• Help with your account or billing: Contact us or the Help center.
• Legal notices, Notices of Dispute and arbitration opt-outs: legal@taletykes.com.
• Privacy and children's data requests: privacy@taletykes.com, or Settings → Privacy & data.
• Book reports, appeals and safeguarding: safety@taletykes.com.
• Security problems: security@taletykes.com.
• Copyright complaints: copyright@taletykes.com.
• Schools and districts: schools@taletykes.com.

TaleTykes, Inc., a Delaware corporation, United States. Our mailing address is available on request from legal@taletykes.com and is given in full in every school agreement.