Terms of Service

1. The agreement and who may use the Service

These Terms are an agreement between Intuitive Orton, LLC ("Intuitive Orton", "we", "us") and you. They cover the Intuitive Orton web application, its Rooms, our website at intuitiveorton.com, and related services (the "Service").

• Who "you" is. An Instructor is an adult who signs in to teach: a parent, tutor, or teacher. If you use the Service through a School (a school, tutoring centre, co-op, or district), "you" also means that School, and the person accepting these Terms for it confirms they have authority to bind it.
• Adults only. You must be at least 18, or the age of majority where you live, to create an account. Children never create accounts or sign in. They use the Service only as Students, inside a session an Instructor runs (section 3).
• Accepting. You accept these Terms by ticking the box at sign-up, or by signing an order form that references them.

2. Accounts, Organizations, and Schools

Every account belongs to at least one Organization, and Student records belong to the Organization, not to an individual Instructor.

• Your sign-in. Keep your credentials secure and tell us promptly at hi@intuitiveorton.com if you think someone else has used your account. You are responsible for activity under your account.
• Instructors in a School. A School decides who joins it and which Students each Instructor is assigned. An Instructor sees only the Students assigned to them. When an Instructor leaves a School, the School's Student records stay with the School.
• Our staff. Intuitive Orton employees can access an Organization's data only to provide support, operate and secure the Service, set up and manage Schools at the School's request, or meet a legal obligation.

3. Student Data

"Student Data" means any information about a Student in the Service: their record, Assessment results, notes, and Canvas writing. You own and control it. We are responsible for protecting it; you are responsible for having the right to put it there.

Your responsibilities. Before you create a Student record or bring a child into a Room, you confirm that one of these is true:

1. You are the child's parent or legal guardian.
2. You have the consent of the child's parent or guardian.
3. You are acting for a School that has authorised use of the Service for its educational purposes and has handled any parental notice and consent that COPPA, FERPA, and state law require of it.

You also agree to enter only the Student Data that teaching needs (section 5), and to keep Join Codes and printed reports away from people who should not see them.

Our commitments. We will:

• Use Student Data only to provide the Service to you, and as our Privacy Policy describes.
• Never sell it, use it for advertising, build non-educational profiles from it, or use it to train AI models.
• Protect it with reasonable administrative, technical, and physical safeguards, and notify you of a breach as the Privacy Policy describes.
• Let you export it, and delete it when you delete it, close your account, or your School's contract ends, on the timelines in the Privacy Policy.
• Act as a "school official" with a legitimate educational interest under FERPA when we hold a School's Student Data, under the School's direct control.
• Require our subprocessors to protect it to the same standard.

4. Your content and our content

Your content. You own what you and your Students create in the Service: Lessons, notes, Student records, Assessment results, and Canvas writing ("Your Content"). You give us a limited licence to host, copy, process, and display Your Content only to provide, secure, and support the Service for you. That licence ends when Your Content is deleted under section 9, except for copies in backups that expire on their normal schedule.

Our content. We own the Service and everything we supply in it: the software, the design, the Lexicon (words, phonemes, graphemes, correspondences), phonogram content, curricula, routines, and Assessment Types. We give you a limited, non-exclusive, non-transferable licence to use them inside the Service, and to print or export them for teaching your own Students, while your account is active.

Aggregated data. We may use de-identified, aggregated information about how the Service is used (for example, which features are used how often) to run and improve the Service. It will not identify any person or School, and we will not try to re-identify it.

Feedback. If you send us ideas or suggestions, we may use them without owing you anything.

5. Acceptable use

You may use the Service only to teach and assess reading and spelling, and only within the law. You must not:

1. Enter information about a child you have no authority to teach, or without the consent section 3 requires.
2. Put information in the Service it does not ask for and does not need, such as Social Security numbers, medical records, diagnoses, or home addresses of Students.
3. Share your sign-in, or a Room's Join Code, with anyone who should not see the Students in it.
4. Upload or write anything unlawful, harassing, sexually explicit, or that infringes someone else's rights.
5. Probe, scan, or test the Service's security, or get around its access controls, except through a disclosure programme we publish.
6. Scrape, copy, or bulk-export the Lexicon, curriculum, or other Intuitive Orton content, or use it to build or train a competing product or AI model.
7. Reverse-engineer the Service, overload it, or interfere with other people's use of it.
8. Resell the Service or let people outside your Organization use it, unless we agree in writing.

We may remove content that breaks these rules and suspend access as section 9 describes.

6. Educational disclaimer

Intuitive Orton is a teaching tool for Instructors. It is not a medical, psychological, or clinical service, and it does not diagnose dyslexia or any other learning difference.

• Assessments support your judgment. Assessment results, Assessment Reports, and suggested next steps are information for a qualified Instructor to interpret. They are not a diagnosis, an evaluation under special-education law (such as an IDEA evaluation or a Section 504 determination), or a substitute for one.
• No guaranteed outcomes. Children learn at different rates. We do not promise any reading level, test score, or rate of progress.
• You stay responsible for instruction. You decide what to teach, when, and how, and whether a Student needs a referral to a specialist.
• Curriculum content. We work to keep the Lexicon, phonogram content, and curricula accurate, but they may contain errors. Tell us and we will correct them.

7. AI features

The Service does not send Student Data or your account information to AI models, and AI does not score Assessments or make decisions about Students. Our staff use AI tools to help draft curriculum content such as word meanings; that content is reviewed by people, and may still contain errors (section 6). If we add an AI feature that uses Student Data, we will tell you first and it will be off until you, or your School, turn it on.

8. Fees and plans

Some plans are paid. Prices, billing periods, and what each plan includes are shown when you subscribe, or in a School's order form.

• Subscriptions renew automatically at the end of each period until cancelled. You can cancel at any time, effective at the end of the current period.
• Fees are non-refundable except where these Terms or the law say otherwise.
• We may change prices for future periods with at least 30 days' notice.
• Schools are invoiced as their order form says, and pay within 30 days of invoice.

9. Suspension, termination, and closing your account

You can close your account at any time in Settings. We can suspend or end your access if you seriously or repeatedly break these Terms, if your use puts Students, other users, or the Service at risk, or if the law requires it. Except in urgent cases, we will tell you first and give you a chance to fix the problem.

What happens to your data.

Sections 3 (our Student Data commitments, until deletion), 4, 6, 10, and 11 survive termination.

10. Warranties, limitation of liability, and indemnity

Our commitments. We will provide the Service with reasonable skill and care, protect Student Data as section 3 and the Privacy Policy describe, and not materially reduce the Service's core teaching and assessment features during a paid subscription period.

Disclaimer. Except for those commitments, the Service is provided "as is" and "as available". To the extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not promise the Service will be uninterrupted or error-free.

Limitation of liability. To the extent the law allows:

1. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue, even if told they were possible.
2. Each party's total liability under these Terms is capped at the fees you paid or owed us in the 12 months before the claim, or US$100 if you use a free plan.
3. These limits do not apply to a party's indemnity obligations below, to your breach of section 5, or to liability the law does not allow to be limited.

Your indemnity. You will defend and indemnify us against third-party claims arising from information you put in the Service without the authority or consent section 3 requires, or from your breach of section 5.

Our indemnity. We will defend and indemnify you against third-party claims that the Service, used as these Terms allow, infringes their intellectual property rights.

11. Disputes, changes, and general terms

Governing law. These Terms are governed by the laws of New Jersey, without regard to its conflict-of-laws rules. Disputes go to the state or federal courts in New Jersey, and both parties consent to their jurisdiction. A School that is a public body may be governed by its own state's law where that law requires it.

Changes to these Terms. We may update these Terms. For a material change we will email account owners and show a notice in the Service at least 30 days before it takes effect. Continuing to use the Service after that date means you accept the change; if you don't, you may close your account and, on a paid plan, get a pro-rata refund of prepaid fees. We will never use a change to these Terms to widen how we use Student Data without the consent the law requires.

Order of precedence. If these Terms conflict with a signed order form or a signed data privacy agreement, the signed document wins for its subject.

General. These Terms (with the Privacy Policy and any signed order form or data privacy agreement) are the whole agreement. If a provision is unenforceable, the rest stands. Not enforcing a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in a merger or sale of the business, and the new owner remains bound by our Student Data commitments. Neither party is liable for delays caused by events beyond its reasonable control. Notices to us go to hi@intuitiveorton.com; notices to you go to your account email.

Contact. Intuitive Orton, LLC, New Jersey, hi@intuitiveorton.com.

These Terms are adapted from the Common Paper Terms of Service standard, used under CC BY 4.0.