Terms of service

Last updated: Apr. 2025

1. Introduction

This agreement governs the use of the JoySchooler software and related services (the "Service") provided to Districts, Schools, and Educators ("the Customer") by JoySchooler Inc ("the Company"). By using the Service, you agree to be bound by the terms of this agreement. If you do not agree to these terms, do not use the Service.

Furthermore, if you are an Educator in a private or public Institution, you represent and warrant to us that you are authorized to agree to these Terms on behalf of your organization and provide consent on behalf of your Students. Additionally, as an educator, you represent and warrant that JoySchooler shall be considered a School Official, as defined by FERPA, with a legitimate educational interest, and performing services otherwise provided by the educator.

JoySchooler complies with applicable law, including The General Data Protection Regulation (GDPR), the Family Educational Rights and Privacy Act (FERPA), Children's Online Privacy Protection Act (COPPA). We rely on consent by the Educator User or the Parent User as the basis for collecting information from students. If you are a parent, guardian, or teacher and believe that your child or student under the age of 16 has provided JoySchooler with personally identifiable information without your consent, please notify legal@joyschooler.com so that we can promptly delete the information from our servers.

2. Accounts

JoySchooler provides four types of account: teacher accounts, administrator accounts, student accounts, and parent accounts. Teacher and administrator accounts are intended for Educators and Administrators. Parent accounts are intended for parents using the service outside the school context. Each account type offers multiple tiers for usage and features.

To use the Service, the Customer must create an account with JoySchooler. Student accounts can either be created on their own when joining their first class or created by the school admin. The Customer is responsible for maintaining the security of its account and ensuring that its users comply with the terms of this agreement. The Company reserves the right to terminate or suspend the Service in the event that the Customer or its users violate the terms of this agreement. Users may request the deletion of their personal information by contacting JoySchooler at legal@joyschooler.com.

Users are not authorized to share their account credentials. Authorized users are responsible for maintaining the confidentiality of passwords associated with their account and are responsible for all activities that occur under their account.

Furthermore, you are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you. If you become aware of any unauthorized use of your password or of your account, you agree to notify JoySchooler immediately at legal@joyschooler.com.

3. Data Privacy

JoySchooler respects the privacy of its users and is committed to protecting their personal information. JoySchooler's privacy policy is available here. JoySchooler is compliant with all applicable laws and regulations, including FERPA and COPPA. JoySchooler employs industry-standard security measures to protect personal information, including encryption, hashing, and salting. JoySchooler regularly reviews and updates its security practices to address evolving threats and vulnerabilities. For more detailed info, please check out our privacy policy.

4. Limitations on use and account termination

The Service is intended to be used by educators, school administrators, students, their parents, and other school faculty for educational purposes only. The Customer agrees to use the Service in compliance with all applicable laws and regulations. The Customer shall not use the Service to engage in any activity that is illegal or violates the rights of others.

We reserve the right to terminate your account at our discretion. In such cases, we will:

• Provide you with at least 30 days written notice via your registered email address
• Allow you to download or transfer any of your data during this notice period
• Provide a reason for the termination where appropriate
• Process any refund for unused paid services according to our refund policy

Immediate termination without notice may occur only in cases of:

• Violation of these Terms of Service
• Fraudulent or illegal activities
• Actions that pose a security risk to our service or other users
• Extended periods of account inactivity

5. Intellectual Property

The Service and all associated intellectual property, including but not limited to patents, trademarks, and copyrights, are owned by JoySchooler. The Customer agrees not to reproduce, modify, distribute, or create derivative works based on the Service or any associated intellectual property. The Customer shall not use any trademarks or copyrighted material owned by JoySchooler without prior written consent from JoySchooler.

6. Payment

The Customer shall pay for the Service in accordance with the pricing and payment terms set forth in the Service Agreement. The Company may invoice the Customer on a monthly, quarterly, or annual basis, as agreed upon in the Service Agreement. The Customer shall pay all invoices within 30 days of receipt. Failure to pay any invoice may result in the suspension or termination of the Service. The Company reserves the right to modify its pricing and payment terms at any time with written notice to the Customer.

If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel.

If you subscribed through AppStore, you can cancel your subscription from Settings App -> Subscriptions. If you subscribed through Google Play, you can cancel your subscription from Google Play App -> Subscriptions. Otherwise you can find the Subscription link in the user menu in JoySchooler. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

7. Support

The Company will provide the Customer with onboarding services, implementation services, technical support, and professional development opportunities to assist the Customer in using the Service effectively. The Company will make reasonable efforts to respond to support requests in a timely manner. The Company may modify the scope or availability of its support services at any time with written notice to the Customer.

8. Termination

Either party may terminate this agreement for any reason with written notice to the other party. Upon termination of this agreement, the Customer shall immediately cease using the Service. The Company may delete any personal information associated with the Customer's account at its sole discretion. Termination of this agreement shall not relieve the Customer of its obligation to pay any outstanding fees owed to the Company.

9. Liability

The Service is provided "as is" and without warranties of any kind, express or implied. JoySchooler uses AI models that may produce responses or outputs that could be inaccurate and contain biases. JoySchooler shall not be liable to the Customer or any third party for any damages arising from the use of the Service, including but not limited to direct, indirect, incidental, consequential, or punitive damages. The Customer agrees to indemnify and hold harmless JoySchooler and its affiliates, officers, agents, and employees from any claims, liabilities, damages, or expenses arising out of or in connection with the use of JoySchooler's services, except to the extent caused by JoySchooler's gross negligence or willful misconduct.

9. Binding Arbitration

If you have a disagreement with JoySchooler about these Terms of Service, we will resolve it through arbitration instead of going to court.

Where It Happens: The arbitration will take place in British Columbia.

Choosing an Arbitrator: If we can't agree on an arbitrator, we'll use a third-party organization to appoint one.

Final Decision: The decision made by the arbitrator is final and binding, meaning both you and JoySchooler must accept it.

No Jury Trial: By agreeing to these Terms, you give up your right to a trial by jury.

11. Data Breaches and Security Incidents

In the event of a data breach or security incident, the Company shall promptly investigate the incident and take reasonable steps to remediate any damage or prevent further damage. The Company shall notify the Customer in writing of any such incident within 48 hours of becoming aware of the incident. The Company shall cooperate fully with the Customer and any applicable authorities in addressing the incident.

12. General Provisions

This Agreement shall be governed by the laws of the Province of British Columbia, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. The User consents and agrees that the courts of the Province of British Columbia shall have jurisdiction over any legal action or proceeding brought by the User arising out of or relating to this Agreement, and the User consents to the jurisdiction of such courts for any such action or proceeding.

By using the Service, the Customer acknowledges that it has read, understood, and agrees to be bound by the terms of this agreement. If the Customer is using the Service on behalf of an educational institution, the Customer represents and warrants that it has the authority to bind the educational institution to the terms of this agreement. If the Customer does not agree to the terms of this agreement, the Customer shall not use the Service.

If you have any questions about this agreement, please contact us.