Terms of Service

These Reading Compass Terms of Service (these "Terms") are a binding agreement between BLEKS Education Technology Solutions, Inc., a Delaware corporation ("BLEKS," "we," "us," or "our"), and you, the parent or legal guardian who creates a Reading Compass account, enrolls a child, and pays for the Service ("Parent" or "you").

1.1 Parent-Only Binding. These Terms bind only the Parent. The Parent is the sole contracting party with BLEKS. The Parent is responsible for the Parent's own use of the Service, for selecting which child to enroll, for granting any consent required under applicable children's-privacy law (including the parental consent required under COPPA), and for supervising the Child's use of the Service.

1.2 The Child Is Not a Party. The child enrolled under the Parent's account (the "Child") is a permitted user of the Service but is NOT a party to these Terms. These Terms do not bind the Child and do not waive, release, limit, or extinguish any right, claim, or remedy that the Child may have in the Child's own name under any applicable law, including any claim the Child may have under common law, statute, or constitutional provision.

1.3 No Disaffirmance Waiver. Nothing in these Terms is intended to, or shall be construed to, alter the Child's rights, including any right of disaffirmance available to a minor under applicable state law. The Parent acknowledges that the Parent is the contracting adult and that the Parent's agreement to these Terms does not purport to bind, and cannot bind, the Child.

By doing any of the following, you accept and agree to be bound by these Terms and our Privacy Policy (the "Privacy Policy"), which is incorporated into these Terms by reference:

• Clicking or tapping a button or check box stating “I agree,” “I accept,” or substantially similar language presented in connection with these Terms
• Creating an account on the Website
• Enrolling a Child or providing parental consent under COPPA through the Service
• Purchasing or initiating a subscription to the Service
• Accessing or using any part of the Service in any other manner after the Effective Date of these Terms

If you do not agree to these Terms or to the Privacy Policy, you must not access or use the Service.

3.1 Adult Parent or Legal Guardian. To create a Reading Compass account, enroll a Child, or use the Service, you represent and warrant that you:

• Are at least eighteen (18) years of age and of legal age in your jurisdiction of residence to form a binding contract with BLEKS
• Are the parent or legal guardian of each Child you enroll, with the legal authority to provide parental consent on the Child's behalf under the Children's Online Privacy Protection Act of 1998, 15 U.S.C. §§ 6501–6506, and the COPPA Rule, 16 C.F.R. Part 312 (collectively, “COPPA”)
• Reside in the United States or one of its territories
• Are not barred from using the Service under the laws of the United States, your state of residence, or any other applicable jurisdiction

3.2 United States Only. The Service is offered and made available only to users located in the United States. BLEKS makes no claim that the Service is appropriate for, lawful in, or available for use in any jurisdiction outside the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.

The Service is currently offered as a beta / soft-launch product. The Service is provided “AS IS” and “AS AVAILABLE” during beta. Features may be added, modified, suspended, or removed without notice. Reading Compass scores, transcriptions, and recommendations during beta are preliminary, may contain errors, and should be relied upon only as a general indicator. The disclaimers in Section 12 and limitations in Section 13 apply in full during beta and post-beta.

5.1 Privacy Policy Incorporated. Your use of the Service, BLEKS's collection, use, disclosure, retention, deletion, and disposition of personal information, and the parental consent, access, review, and revocation rights applicable to children's personal information are governed by the Reading Compass Privacy Policy (the “Privacy Policy”), which is incorporated into these Terms by reference. By accepting these Terms, you also accept the Privacy Policy.

5.2 Conflict Rule. If anything in these Terms appears to conflict with the Privacy Policy regarding the handling of children's personal information, the Privacy Policy controls.

5.3 Student Privacy. If the Service is used in connection with a school district, charter school, or public-school setting in which the Service may be construed as a “covered website, online service, online application, or mobile application” under applicable state law, BLEKS will comply with the requirements of such law applicable to operators of such services, including the prohibitions on targeted advertising and the sale of covered information, and will handle student covered information in accordance with the Privacy Policy. This Section 5.3 is only applicable to users of the platform under the appropriate license carrying a designation for school users.

6.1 Service Description. Reading Compass is a children's reading-assessment service designed to assist parents and educators in evaluating reading patterns of children ages 3–11 using:

• A parent-facing Website at readingcompass.ai that allows the Parent to subscribe, enroll a Child, configure the Child's profile, and review assessment results
• An iOS App distributed through the Apple App Store under Apple App ID 6754556855 that, after the Parent scans a QR code from the Website, captures whole-clip audio of the Child reading a designated passage (the device camera provides a live on-screen framing view only, to help the Parent position the Child; nothing from the camera is recorded or saved)
• Backend transcription and scoring services that use third-party artificial-intelligence service providers (including OpenAI) to transcribe and score the Child's reading audio (the resulting audio, transcripts, scores, and any related artifacts, “Customer Content”)
• A Parent dashboard for reviewing Customer Content and assessment results

6.2 Educational Context. Reading Compass is designed for educational reading assessment in a parent- or educator-supervised setting. Reading Compass is not a remote tutoring service, not an unsupervised child engagement platform, and not a chat or social-media product.

7.1 License Grant. Subject to Parent's compliance with these Terms and the Privacy Policy and timely payment of all Subscription Fees (as defined in Section 9), BLEKS hereby grants Parent a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, during the term of Parent's subscription, to:

• Access and use the Website for Parent's personal, non-commercial purpose of enrolling Children, configuring profiles, and reviewing assessment results
• Download, install, and use one (1) copy of the App on each iOS device that Parent owns or controls, solely for the personal, non-commercial purpose of administering reading assessments to Children enrolled under Parent's account, in accordance with the Apple App Store Usage Rules
• Display, share within Parent's family, and use Customer Content generated for Parent's enrolled Child(ren), solely for Parent's personal, non-commercial educational purposes

7.1.1 This License Does Not Authorize AI Training.

• Nothing in the license granted by this Section 7 authorizes BLEKS to use Customer Content for training, accuracy improvement, or research purposes involving identifiable child data without separate parental consent given through the mechanism described in the Privacy Policy.
• Any future use of Customer Content for those purposes is gated by that opt-in, default off, and is governed by the activation procedure in the Privacy Policy (see Privacy Policy §H — Future Data Uses).
• For clarity, the §8.2 license granted by Parent to BLEKS is limited to (i) operating the Service, (ii) generating, storing, transmitting, and displaying Customer Content for the Parent and Child, and (iii) ordinary internal product analytics that do not involve identifiable child data. Anything beyond those purposes requires separate, opt-in parental consent under the Privacy Policy.

7.2 License Restrictions. Parent shall not, and shall not permit any other person to:

• Copy, modify, translate, adapt, or create derivative works of the Service or any part of it, except as expressly permitted by these Terms
• Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service or any part of it, except to the extent such restriction is prohibited by applicable law
• Remove, delete, alter, or obscure any trademark, copyright, patent, or other intellectual-property or proprietary-rights notice on or in the Service
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any feature or functionality of the Service, to any third party
• Circumvent any digital rights management, security, or technical-protection measure in the Service
• Use the Service in or in connection with the design, construction, maintenance, or operation of any hazardous environment or safety-critical system, including any medical, life-support, power-generation, aviation, vehicle-operation, or military system
• Use the Service in violation of any applicable federal, state, local, or international law or regulation
• Use the Service for purposes of competitive analysis, the development of a competing product or service, or any other purpose that is to BLEKS's commercial disadvantage

7.3 Reservation of Rights. The Service is licensed, not sold. BLEKS reserves all rights not expressly granted to Parent under these Terms. Parent acquires no ownership interest in the Service, in BLEKS's intellectual property, or in any data, content, or materials made available by BLEKS through the Service (other than Customer Content, which is addressed in Section 8). All right, title, and interest in and to the Service, including all intellectual-property rights, are and shall remain the exclusive property of BLEKS and its licensors.

8.1 Ownership of Customer Content. As between Parent and BLEKS, Parent and the Child (to the extent the Child has any rights under applicable law) retain all right, title, and interest in and to Customer Content, including (a) the Child's reading audio, (b) any transcripts of the reading audio, and (c) any scores, assessments, or other artifacts generated from the foregoing.

8.2 Limited License to BLEKS. Parent grants BLEKS, and BLEKS's sub-processors strictly to the extent necessary to provide the Service, a worldwide, royalty-free, non-exclusive, revocable license to host, store, transmit, transcribe, score, display, and otherwise process Customer Content solely to (a) provide the Service to Parent and the Child, (b) maintain, secure, and support the Service, (c) comply with applicable law, and (d) perform ordinary internal analytics that do not involve identifiable child data. Nothing in this Section 8 authorizes BLEKS to use Customer Content for training, accuracy improvement, or research purposes involving identifiable child data without separate parental consent given through the mechanism described in the Privacy Policy §H. The license granted in this Section 8 terminates with respect to Customer Content when Customer Content is deleted under the Privacy Policy's retention and deletion schedule or when Parent terminates Parent's account, whichever is earlier, except for backup copies retained for the limited period and limited purposes set forth in the Privacy Policy.

8.3 Confidentiality of Customer Content. BLEKS treats Customer Content as confidential. BLEKS will not disclose Customer Content to third parties except (a) to BLEKS's sub-processors solely as described in the Privacy Policy, (b) as required by applicable law or valid legal process, (c) to protect BLEKS's, Parent's, or any third party's rights, property, or safety, or (d) with the Parent's separate written consent.

8.4 Representations and Warranties by Parent. Parent represents and warrants that Parent (a) has the legal authority to enroll the Child and to provide Customer Content for processing under the Service, (b) has obtained any consent legally required from the other parent or legal guardian of the Child (if any), and (c) is not enrolling a Child who is not Parent's own child or for whom Parent does not have legal authority.

9.1 Subscription Fee and Term. Access to certain features of the Service requires a paid subscription (the “Subscription”). The current price, billing frequency (e.g., monthly or annual), and any free-trial period (collectively, the “Subscription Terms”) are presented to Parent on the Website's checkout page and on each Subscription renewal notice. By initiating a Subscription, Parent agrees to the Subscription Terms then in effect.

9.2 Pre-Charge Disclosures and Affirmative Consent. Before charging Parent for any Subscription, BLEKS will provide Parent with a clear and conspicuous disclosure of the material terms of the Subscription, including:

• The Subscription Fee that will be charged
• The billing frequency and the date on which the first charge will occur
• The automatic-renewal feature, including that the Subscription will continue and Parent will be charged at the then-current rate until Parent cancels
• The method by which Parent can cancel the Subscription
• Any free trial terms, including the date the free trial ends and the date the first paid charge will occur
• Any change in price at least seven (7) days before the change takes effect, and an opportunity for Parent to consent to the new price or cancel

Parent must affirmatively consent to the Subscription Terms (for example, by clicking an “I agree” button beneath the disclosures) before BLEKS will charge Parent.

9.3 Auto-Renewal. Your Subscription will automatically renew at the end of each billing period at the then-current Subscription Fee, charged to the payment method on file, until you cancel. BLEKS will send Parent a reminder notice at least seven (7) days before each annual renewal (or, for monthly Subscriptions, in the manner required by applicable law) that includes the renewal date, the price, and instructions for cancellation.

9.4 Cancellation; Method At Least As Easy As Signup. Parent may cancel any existing Subscription at any time through the cancellation flow available in the Parent dashboard (the “Online Cancellation Flow”). The Online Cancellation Flow is at least as simple as the signup flow and does not require Parent to call BLEKS, mail a written notice, or take any step that is more burdensome than the signup process. Cancellation is effective at the end of the then-current billing period; Parent retains access to the Service until the end of that period.

During any beta or soft-launch period in which the Service is offered without a recurring Subscription Fee, cancellation is effected by deleting the Parent's account through the account-settings interface (which also triggers the data-deletion rights described in the Privacy Policy); the Online Cancellation Flow provisions of this Section 9 apply from the Parent's first paid Subscription onward.

9.5 Free Trials. If BLEKS offers a free trial, BLEKS will disclose, before Parent enters the trial: (a) the duration of the free trial, (b) the date the free trial ends and the first paid charge will occur, and (c) the Subscription Fee that will be charged at the end of the trial. Parent may cancel during the trial without charge through the Online Cancellation Flow. If Parent does not cancel before the trial ends, the Subscription will automatically convert to a paid Subscription at the disclosed price.

9.6 Purchases Through the Apple App Store. If Parent purchases or initiates a Subscription through the Apple App Store, the Subscription is also subject to the Apple Media Services Terms of Service then in effect (the “Apple Media Services Terms”). For Apple-billed Subscriptions:

• Apple, not BLEKS, processes the payment
• Cancellation must be made through the Parent's Apple ID subscription-management screen, in accordance with the Apple Media Services Terms
• Refunds, if any, are governed by Apple's then-current refund policy, not by BLEKS
• BLEKS's pre-renewal reminder and click-to-cancel obligations under §§ 9.3–9.4 may be supplemented by Apple's own subscription-management mechanism

9.7 Refunds. Except as required by applicable law, all Subscription Fees are non-refundable, and Parent will not receive a refund or credit for any portion of a billing period in which Parent cancels or for any unused portion of the Service. Notwithstanding the foregoing, BLEKS may, in its sole discretion, issue refunds in cases of demonstrable billing error.

9.8 Taxes. Subscription Fees are exclusive of all applicable taxes. Parent is responsible for any sales, use, excise, value-added, or similar tax imposed on the Subscription, except for taxes based on BLEKS's net income.

9.9 Payment Method. Parent authorizes BLEKS (or its payment processor, Stripe, Inc.) to charge Parent's designated payment method for all amounts owed under the Subscription. Parent represents and warrants that Parent is authorized to use the payment method.

Parent shall use the Service only for lawful purposes and in accordance with these Terms. Parent agrees not to use, or permit any other person to use, the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation, including the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506, and its implementing rule, 16 C.F.R. Part 312 (collectively, “COPPA”); the Texas Student Privacy Act, Tex. Educ. Code §§ 32.151–32.157; or any other applicable children's-privacy law
• To exploit, harm, or attempt to exploit or harm a child in any way, including by exposing the child to inappropriate content, soliciting personal information for an unlawful purpose, or otherwise
• To enroll a child for whom Parent is not the legal parent or guardian or for whom Parent has not obtained any legally required consent from the other parent or guardian
• To upload, transmit, or otherwise make available any content that is unlawful, defamatory, obscene, indecent, harassing, threatening, hateful, or otherwise objectionable
• To attempt to interfere with, disrupt, or circumvent the operation, security, or integrity of the Service
• To use any robot, spider, scraper, or other automated means to access the Service
• To introduce any virus, worm, Trojan horse, ransomware, or other malicious code
• To use the Service in any manner that may damage, disable, overburden, or impair the Service or any other party's use of the Service

We may suspend or terminate access for any account we believe is being used in violation of these Terms.

If Parent downloads or uses the App through the Apple App Store, the following additional terms apply as between Parent and BLEKS, and Apple Inc. (“Apple”) is a third-party beneficiary of these Terms with the right to enforce them:

11.1 Acknowledgment. These Terms are a contract between Parent and BLEKS only, not with Apple. Apple is not a party to these Terms. Apple is not responsible for the App or its content.

11.2 Scope of License. The license granted to Parent under Section 7 is limited to a non-transferable license to use the App on any Apple-branded product that Parent owns or controls and as permitted by the Apple Media Services Terms and the Apple App Store Usage Rules then in effect.

11.3 Maintenance and Support. BLEKS, not Apple, is solely responsible for providing any maintenance or support services with respect to the App, as described in these Terms or as required under applicable law. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the App.

11.4 Warranty. BLEKS, not Apple, is solely responsible for any product warranties applicable to the App, whether express or implied by law, to the extent not effectively disclaimed in Section 12. In the event of any failure of the App to conform to any applicable warranty, Parent may notify Apple, and Apple will refund the purchase price (if any) of the App to Parent. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty are the sole responsibility of BLEKS.

11.5 Product Claims. BLEKS, not Apple, is responsible for addressing any claims of Parent or any third party relating to the App or Parent's possession or use of the App, including (a) product-liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer-protection, privacy, or similar legislation. Nothing in these Terms shall be construed to require Apple to address such claims.

11.6 Intellectual-Property Claims. If a third party alleges that the App or Parent's possession or use of the App infringes that third party's intellectual-property rights, BLEKS, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual-property infringement claim.

11.7 Legal Compliance. Parent represents and warrants that (a) Parent is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) Parent is not listed on any U.S. Government list of prohibited or restricted parties.

11.8 Developer Name and Address. Any questions, complaints, or claims with respect to the App should be directed to BLEKS at:

11.9 Third-Party Beneficiary. Parent and BLEKS acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon Parent's acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against Parent as a third-party beneficiary.

12.1 Educational Assessment, Not Medical Device or Clinical Diagnostic. Reading Compass is an educational reading assessment service designed to inform parents and educators about a child's reading patterns. Reading Compass is not a medical device, is not a clinical or diagnostic instrument, and is not a substitute for evaluation by a licensed professional. Parent should not rely on Reading Compass scores or recommendations to diagnose, treat, or rule out any developmental, learning, speech, neurological, psychiatric, or other condition. If Parent has concerns about the Child's reading, speech, hearing, vision, neurological, or other development, Parent should consult a licensed pediatrician, speech-language pathologist, audiologist, ophthalmologist, neurologist, psychologist, educational specialist, or other qualified professional.

12.2 General AS-IS Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING THE WEBSITE, THE APP, AND ALL CONTENT, FUNCTIONS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BLEKS, ITS AFFILIATES, AND ITS AND THEIR LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, BLEKS DOES NOT WARRANT THAT (A) THE SERVICE WILL MEET PARENT'S REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) DEFECTS IN THE SERVICE WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY TRANSCRIPTION, SCORE, OR OTHER OUTPUT GENERATED BY THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO PARENT. THIS SECTION 12 DOES NOT EXCLUDE OR LIMIT ANY WARRANTY OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13.1 Exclusion of Consequential Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLEKS, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SUPPLIERS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO PARENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLEKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Aggregate Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLEKS'S AGGREGATE LIABILITY TO PARENT FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY PARENT TO BLEKS FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

13.3 Parent-Only Limitation. The limitations of liability in this Section 13 apply only to claims brought by the Parent. They do not extinguish, waive, or limit any claim that the Child themself may have under applicable law in their own name.

13.4 Non-Waivable Liabilities. Notwithstanding the limitations above, BLEKS does not limit liability for (i) gross negligence, (ii) willful misconduct, (iii) fraud, or (iv) any other liability that cannot be limited under applicable law.

13.5 Essential Basis. The limitations of liability in this Section 13 are an essential basis of the bargain between BLEKS and Parent and shall apply notwithstanding the failure of any limited remedy.

14.1 Parent's Indemnification Obligation. To the fullest extent permitted by applicable law, Parent shall defend, indemnify, and hold harmless BLEKS, its affiliates, and its and their respective officers, directors, employees, agents, licensors, suppliers, and service providers (the “BLEKS Indemnitees”) from and against any and all claims, demands, suits, actions, proceedings, losses, liabilities, judgments, awards, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Parent's breach of these Terms; (b) Parent's violation of any law or any third party's rights, including any privacy or publicity right; (c) Parent's misuse of the Service; or (d) Customer Content that Parent provides or causes to be provided to the Service in breach of Parent's representations and warranties under §8.4.

14.2 Parent-Only. Parent's indemnification obligations apply only to claims arising from Parent's own acts, omissions, or breaches. They do not apply to claims arising from the Child's own conduct except to the extent Parent failed to provide reasonable supervision.

14.3 Non-Waivable. Parent's indemnification obligations do not extend to claims for which indemnification is prohibited under applicable law.

14.4 Process. BLEKS may, at its option, control the defense of any indemnified claim, with counsel of its choosing. Parent shall reasonably cooperate with BLEKS, at BLEKS's expense, in connection with the defense of any indemnified claim. Parent will not settle any indemnified claim without BLEKS's prior written consent.

15.1 Term. These Terms take effect on the date Parent first accepts them and continue until terminated as provided in this Section 15.

15.2 Termination by Parent. Parent may terminate these Terms at any time by canceling Parent's Subscription through the Online Cancellation Flow (§9.4), uninstalling the App, and ceasing all use of the Service. Cancellation does not entitle Parent to a refund except as expressly provided in §9.7 or as required by applicable law.

15.3 Termination by BLEKS. BLEKS may, in its sole discretion and at any time, suspend, restrict, or terminate Parent's access to the Service, with or without notice, if: (a) Parent breaches these Terms or the Privacy Policy; (b) BLEKS determines that Parent's use of the Service violates applicable law; (c) BLEKS suspects fraudulent activity, including chargeback abuse; or (d) BLEKS discontinues the Service or any material feature of the Service.

15.4 Effect of Termination; Survival. Upon termination: (a) the license granted in §7 terminates; (b) Parent must cease all use of the Service and uninstall the App; (c) BLEKS will delete or anonymize Customer Content in accordance with the Privacy Policy's retention and deletion schedule; and (d) any unpaid Subscription Fees that accrued before termination become immediately due. The following provisions survive termination: §1.2–1.3 (Parties; Child Not a Party; No Disaffirmance Waiver), §5 (Privacy Policy by reference), §7.1.1 (anti-AI-training restriction), §7.3 (Reservation of Rights), §8.1 (Ownership of Customer Content), §8.2 second paragraph (anti-AI-training restriction), §8.3 (Confidentiality), §10 (Acceptable Use, to the extent applicable), §11.9 (Apple third-party-beneficiary enforcement right), §12 (Disclaimer of Warranties), §13 (Limitation of Liability), §14 (Indemnification), §15 (Term, Termination, Survival), §16 (Arbitration), §17 (Governing Law), §18 (Notices), §19 (Changes), §20 (Severability), §21 (Miscellaneous), §22 (Contact), and any other provision that by its nature should survive.

16.1 Scope; FAA Application; Parent-Only. These Terms evidence a transaction in interstate commerce, and the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), governs the interpretation and enforcement of this Section 16. Parent and BLEKS agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Service, including the formation, interpretation, breach, termination, or validity thereof, and including any non-contractual dispute or claim (each, a “Dispute”), shall be resolved by binding individual arbitration in accordance with this Section 16. This Section 16 binds only the Parent. The Child is not a party to this arbitration agreement, and nothing in this Section 16 limits, waives, or affects any claim the Child may bring in the Child's own name.

16.2 Notice of Dispute; Informal Resolution. Before initiating arbitration, the party asserting a Dispute (the “Claimant”) shall provide the other party with a written Notice of Dispute describing the nature and basis of the Dispute and the relief sought (the “Notice”). Notice to BLEKS shall be sent to:

The parties shall attempt in good faith to resolve the Dispute for sixty (60) days after the Notice is received. If the Dispute is not resolved within 60 days, the Claimant may proceed to arbitration. The statute of limitations and any filing-fee deadlines are tolled during the 60-day informal-resolution period.

16.3 Arbitration Administrator; Rules; Seat. The arbitration shall be administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, if JAMS is unavailable, by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules), in each case as in effect on the date the arbitration is initiated. The arbitration shall be conducted by a single, neutral arbitrator. The arbitration shall be conducted, at Parent's election, (a) by video, telephone, or written submissions; (b) in the county of Parent's residence; or (c) in Wilmington, Delaware. The seat of the arbitration (for purposes of arbitral law and judicial review under the FAA) is Wilmington, Delaware, though the hearing may take place in any of the locations or modes described in this Section 16.3.

16.4 Class-Action and Representative-Action Waiver. PARENT AND BLEKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN PARENT'S OR BLEKS'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARENT AND BLEKS OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF ONLY (INCLUDING INDIVIDUAL DECLARATORY OR INJUNCTIVE RELIEF), AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIMANT'S CLAIM.

16.5 Severability of This Section 16; McGill California Public-Injunctive Carve-Out.

• General severability: If any portion of this Section 16 other than §16.4 is held unenforceable, the unenforceable portion shall be severed and the remainder of this Section 16 shall remain in effect.
• Class-action-waiver poison pill: If §16.4 (the Class-Action and Representative-Action Waiver) is held to be unenforceable as to any Dispute or any claim within a Dispute, then this Section 16 in its entirety shall be unenforceable as to that Dispute (or that claim), and that Dispute (or claim) shall proceed in a court of competent jurisdiction under §17 (Governing Law and Jurisdiction). The remainder of these Terms shall remain in full force and effect.
• McGill v. Citibank California Public-Injunctive Relief Carve-Out: Notwithstanding §16.4, nothing in this Section 16 precludes a California consumer from seeking public injunctive relief under California law in a court of competent jurisdiction in accordance with McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017). So long as the right to public injunctive relief under the McGill ruling is not modified, the right to seek public injunctive relief under California law in court is not waivable under these Terms. Public-injunctive-relief claims under California law brought by a California consumer in court shall not be subject to arbitration; any other claim of that consumer that is subject to arbitration shall proceed in arbitration as set forth in this Section 16.

16.6 Carve-Outs. Notwithstanding anything to the contrary in this Section 16:

• Small claims: Either party may bring an individual action in small-claims court for any claim that qualifies under the rules of that court, so long as the action is filed and maintained in that court and is not removed or appealed to a court of general jurisdiction.
• Intellectual-property injunctive relief: Either party may bring an action in a court of competent jurisdiction seeking only injunctive or other equitable relief to protect its intellectual-property rights (including for trademark, copyright, patent, or trade-secret infringement or misappropriation). The court of competent jurisdiction for these claims is the court identified in §17.2.
• Regulator complaints: Nothing in this Section 16 prevents Parent from filing or pursuing a complaint with a federal or state regulator, including the Federal Trade Commission, the Attorney General of any U.S. State (including the Attorney General of Texas), the California Privacy Protection Agency, or any state agency that administers a children's-privacy statute. Nothing in this Section 16 limits or waives any right or remedy Parent or the Child may have under COPPA or under any other federal or state children's-privacy law.
• Non-waivable rights: Nothing in this Section 16 waives any right or remedy that cannot be waived under applicable law.

16.7 Mass-Arbitration Procedures. If, within a 30-day window, 25 or more substantially similar arbitration demands are submitted by or on behalf of Parents represented by the same or coordinated counsel against BLEKS, the following procedures apply:

• The demands shall be administered, and the costs of administration allocated, in accordance with the AAA Mass Arbitration Supplementary Rules then in effect (or, if JAMS, the JAMS Mass Arbitration Procedures and Guidelines then in effect)
• The parties shall first select a representative sample of cases (e.g., five (5) by each side, for ten (10) bellwether cases) and proceed with arbitration of those sample cases first
• The parties shall in good faith attempt to use the outcomes of the sample cases to inform global resolution of the remaining demands

16.8 Arbitration Costs. For any claim valued at $10,000 or less, BLEKS will pay all filing, administrative, and arbitrator fees in accordance with the AAA Consumer Arbitration Rules or JAMS Consumer Minimum Standards. For claims valued at more than $10,000, fees and costs will be allocated as provided in the applicable AAA or JAMS rules, subject to the arbitrator's discretion to reallocate fees in cases of frivolous or bad-faith conduct.

16.9 Confidentiality of Arbitration. Except as required by applicable law or §16.6(c), the parties shall keep confidential the existence, content, and outcome of any arbitration under this Section 16. Nothing in this §16.9 prevents Parent from disclosing the existence or content of the arbitration to a federal or state regulator, including any disclosure required to support a regulator complaint under §16.6(c).

16.10 30-Day Opt-Out. Parent may opt out of this Section 16 by sending written notice of Parent's decision to opt out within thirty (30) days after the date Parent first becomes subject to these Terms. The opt-out notice must be sent by email to legal@readingcompass.ai (until provisioned, use privacy@readingcompass.ai) with the subject line “Arbitration Opt-Out” and must include Parent's name, account email, and a clear statement that Parent wishes to opt out of arbitration. Parent's exercise of this opt-out right (a) will not affect any other provision of these Terms, (b) will not affect Parent's access to or use of the Service, and (c) shall be the sole and exclusive method by which Parent may opt out of arbitration. If Parent opts out, Disputes shall be resolved in court under §17.

16.11 Survival. This Section 16 survives termination of these Terms.

17.1 Governing Law. These Terms, and any Dispute, are governed by, and construed in accordance with, the internal laws of the State of Delaware, without giving effect to any choice-of-law or conflict-of-law principle that would result in the application of the law of another jurisdiction. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

17.2 Forum for Non-Arbitrable Claims. Subject to Section 16 (Arbitration), any judicial action permitted or required by these Terms — including claims falling within the §16.5(c) McGill California public-injunctive carve-out, claims falling within the §16.6 carve-outs, and post-arbitration enforcement actions — shall be brought exclusively in the federal or state courts of competent jurisdiction located in Travis County, Texas, and Parent and BLEKS each consent to the personal jurisdiction of those courts and waive any objection to venue in those courts.

17.3 Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARENT AND BLEKS EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

18.1 Notices to BLEKS. Notices to BLEKS shall be in writing and sent to:

18.2 Notices to Parent. BLEKS may give notice to Parent by email to the email address on file for Parent's account, by in-App or in-Website notification, or by posting on the Website at readingcompass.ai. Parent is responsible for keeping Parent's email address current. Notices are deemed given upon dispatch.

18.3 Effective Date of Notice. Written notices are effective on the earlier of (a) actual receipt or (b) three (3) business days after dispatch.

19.1 Reservation of Right to Amend. BLEKS may modify these Terms from time to time. The “Last Modified” date at the top of these Terms reflects the date of the most recent revision.

19.2 Notice; Re-Acceptance for Material Changes. For material changes (including any change to Section 16 (Arbitration) or to the Subscription Terms), BLEKS will provide reasonable advance notice (no fewer than 30 days, or such longer period as required by applicable law) by email and by in-Service notice, and will require Parent to affirmatively re-accept the amended Terms (for example, through a clickwrap acceptance prompt) the next time Parent accesses the Service.

19.3 Prospective Application. Amendments apply prospectively only. No amendment shall apply to a Dispute for which either party had actual notice on or before the date the amendment is posted. Any change to Section 16 (Arbitration) shall not apply to a Dispute for which either party had actual notice on or before the date of the change.

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect, EXCEPT that severability of any portion of Section 16 (Arbitration) is governed by Section 16.5.

21.1 Entire Agreement. These Terms, together with the Privacy Policy and any other policy or agreement expressly incorporated by reference (collectively, the “Agreement”), constitute the entire agreement between Parent and BLEKS regarding the Service and supersede all prior or contemporaneous communications, representations, understandings, and agreements (whether oral or written) regarding the Service.

21.2 No Waiver. No failure or delay by BLEKS in exercising any right, power, or privilege under these Terms shall operate as a waiver, and no single or partial exercise shall preclude any other or further exercise.

21.3 Assignment. Parent may not assign or transfer these Terms or any of Parent's rights or obligations under these Terms without BLEKS's prior written consent, and any attempted assignment without such consent shall be null and void. BLEKS may assign these Terms freely, including in connection with a merger, acquisition, sale of assets, or by operation of law.

21.4 Force Majeure. BLEKS will not be liable for any failure or delay in performance to the extent caused by acts of God, war, terrorism, riot, civil disturbance, embargo, fire, flood, earthquake, pandemic, epidemic, government action, labor action, internet or third-party-service-provider outage, or any other cause beyond BLEKS's reasonable control.

21.5 No Third-Party Beneficiaries. Except for Apple as expressly provided in §11.9, these Terms are for the sole benefit of Parent and BLEKS and do not confer any rights or remedies on any other person. For the avoidance of doubt, the Child is not a third-party beneficiary of these Terms, and nothing in this §21.5 waives, limits, or impairs any independent right of the Child preserved by §§1.2–1.3.

21.6 Headings. Section headings are for convenience only and have no substantive effect.

21.7 Construction. Each party has had the opportunity to review these Terms; any ambiguity shall not be construed against the drafter.

21.8 Export Controls. Parent shall comply with all U.S. export-control laws and regulations applicable to Parent's use of the Service.

21.9 Limitation on Time to File Claims. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This §21.9 does not apply to claims brought in the Child's name and does not apply to any claim that cannot be limited under applicable law.

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For COPPA-related parental inquiries, please see the Privacy Policy and the Parent Dashboard's COPPA controls.