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This Terms of Service agreement (“Agreement”) is a legal agreement between you and Curriculum Genie, and governs how you may use and manage your Curriculum Genie account and the Service you receive via that access. When you establish an account with us, you agree to abide by the terms and conditions of this Agreement.
NOTE: THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS.
Service Description. For the purposes of this Agreement, the term “Service” refers to the Learning Genie platform, including its Internet-based platform and associated mobile applications, together with all proprietary and third-party software applications that comprise the system, and any updates, upgrades, enhancements, derivatives, improvements, or extensions thereof. The Service also includes the Learning Genie website, along with all related content such as copy, graphics, photographs, videos, documentation, and other materials.
(a) What the Service Does: The Service is designed to provide a unified PreK–12 solution that supports curriculum, lesson planning, assessment, and family engagement. Among its features, the Service offers AI-powered curriculum and unit planning, reflective lesson planning tools, DRDP-aligned assessment and reporting, and engagement modules that strengthen communication between schools and families. In addition, the platform provides tools for tracking and reporting in-kind contributions to streamline compliance. Through the website and mobile applications, authorized users—including teachers, administrators, and parents—can share and access progress reports, portfolios, classroom activities, communications, assessments, and other resources to foster collaboration and improve the learning experience for all stakeholders.
(b) Who can use the Service: School officials such as directors, principals, and district supervisors (collectively “Administrators”) are intended to be the primary account holders. After establishing an account, Administrators then authorize teachers, assistant teachers, and other school personnel (collectively “Teachers”) to access the service, who in turn provide access to parents or legal guardians (collectively “Parents”) to enable them to view reports and access classroom activities.
FERPA Compliance Statement. The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) (FERPA) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. Under FERPA, the student information they document using the Service does not constitute an official education record, but instead constitutes Directory Information as that term is defined in FERPA. Subject to certain exceptions, a school or district cannot disclose personally identifiable information recorded in a student’s educational record to a third-party provider such as Curriculum Genie without the written consent of the student’s parents or legal guardians. The exceptions to this prohibition include Directory Information such as that recorded using the Curriculum Genie Service. As a School Official or Institution providing Directory Information or any other information to Curriculum Genie, you hereby represent and warrant that your institution has:
(a) Complied with the Directory Information exception, which includes informing parents what information the Institution deems to be Directory Information, and giving parents a reasonable opportunity to opt-out of the disclosure of such information;
(b) Complied with the FERPA School Official Exception by informing parents in their annual notification of FERPA rights that the Institution defines “School Official” to include service providers, and defines “Legitimate Educational Interest” to include services such as the type provided by Curriculum Genie;
(c) Obtained all necessary parental written consent to share the Directory Information and Educational Records with Curriculum Genie, in each case, solely to enable Curriculum Genie to provide the Service.
Further in compliance with FERPA, Curriculum Genie will: (i) grant Administrators direct control of the use and maintenance of the information provided to Curriculum Genie in accordance with their policies; (b) comply with Administrators’ data retention, archival, and destruction requirements throughout the term of this Agreement and afterwards; and (c) provide access to information to parents when to do so for the purposes of correcting any inaccuracies therein. For more information on FERPA, click here.
AB 1584 Compliance Statement. Pursuant to California AB 1584, as codified in Section 49073.1 of the California Education Code, Curriculum Genie represents and warrants as follows:
(a) Ownership of Pupil Records: Any and all Pupil Records provided to Curriculum Genie, or to which Curriculum Genie has been granted access, are and shall remain the sole property of the School District or educational agency (collectively, “School District”) that provided or granted access to such records.
(b) Pupil-Generated Content: The Curriculum Genie System does not collect or store any Pupil-Generated content. In the event the System is updated to incorporate such a feature, Curriculum Genie shall amend this Statement to describe the means by which pupils may retain possession and control of pupil-generated content.
(c) Third Party Access and Use: Curriculum Genie prohibits all third parties from accessing or utilizing any Pupil Record for any purpose other than those required by or permitted by the contract for Curriculum Genie’s services.
(d) Parent and Pupil Review Procedures: The System enables any Authorized User to permit parents, legal guardians, and eligible pupils to review personally identifiable information contained in Pupil Records, and to correct erroneous information, in accordance with procedures established by the School District.
(e) Security and Confidentiality of Pupil Records: Curriculum Genie has designated a Security Compliance Officer (SCO), who is responsible for: (i) ensuring that Curriculum Genie servers are protected against unauthorized access to the greatest degree possible; (ii) limiting employee access to Pupil Records to whatever extent is required for them to perform their job functions; and (iii) training employees in data security procedures to further ensure compliance with company data security policies.
(f) Unauthorized Disclosure: In the event any Pupil Records are inadvertently disclosed via outside data breach or for any other reason, the SCO shall notify the School District that owns such records immediately upon the discovery of such inadvertent disclosure. The School District may, in turn, utilize the System to notify affected parents, legal guardians, or eligible pupils via posts within the System, emails, or in such other manner as the School District deems appropriate.
(g) Post-Contract Data Deletion: Curriculum Genie hereby certifies that, upon the termination of a service contract with a School District, it shall isolate and permanently delete any and all Pupil Records belonging to such School District that may remain on the System, unless the School District or applicable regulations require the retention of such data, in which case the records shall be deleted upon the expiration of the retention period. Prior to deleting any Data Records, Curriculum Genie shall first ensure that the School District has downloaded backups of the same.
(h) FERPA Compliance: Curriculum Genie offers School Districts utilizing the System the means to comply with their obligations under the Federal Educational Rights and Privacy Act (20 USC §1232(g)), by enabling Authorized Users to inspect and review Pupil Records and to correct any inaccuracies therein as described in Section 4 of this Agreement.
(i) Prohibition Against Targeted Advertising: Curriculum Genie strictly prohibits the use of any personally identifiable information included in a Pupil Record to direct targeted advertising for any product or service. In furtherance of this prohibition, Curriculum Genie does not sell, trade, or rent any element of personally identifiable information to any third party.
For more information on AB 1584, click here.
SB 1177 Compliance Statement. Pursuant to California SB 1177, as codified in Section 22584 of the California Business and Professions Code, Curriculum Genie represents and warrants as follows:
(a) Security Procedures: Curriculum Genie has designated a Security Compliance Officer (SCO), whose responsibilities are set forth in Section 5(d) of this Agreement;
(b) Authorized Deletion: Curriculum Genie will permanently delete any student information upon the request of an authorized school district or educator representative.
(c) Further, in compliance with SB1177, Curriculum Genie does not:
For more information on SB 1177, click here.
End User License Agreement (EULA). Curriculum Genie hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Service. The term of your License shall commence on the date that you create your account and will end if your account is terminated by either you or Curriculum Genie. Curriculum Genie reserves the right to immediately terminate your license if you use the Service in breach of the terms set forth herein. In addition to the other terms set forth in this Agreement, the License granted herein is premised on the following understandings:
(a) Payment: You must keep your account current to continue utilizing the Service. If you fail to pay for the Service as agreed, we reserve the right to freeze your account until it is made current or terminate the existing license.
(b) Ownership: This Agreement and License does not confer title, ownership, or any other rights concerning your use of the Service that are not set forth herein. Curriculum Genie retains all right, title and interest in and to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights, whether registered or not and all applications thereof. The Service is protected by applicable laws and treaties worldwide, and may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Curriculum Genie. All rights not expressly granted to you herein are reserved by Curriculum Genie.
(c) General Restrictions: Violating any of the following restrictions may result in the immediate termination of your License. You agree not to: (i) post and share any information that is abusive, threatening, obscene, defamatory, libelous, or otherwise objectionable and offensive, (ii) infringe any copyright, trademark, patent, trade secret, or other proprietary right of any third party; (iii) commercially exploit the Service in any manner; (iv) provide your password or otherwise grant access to your Curriculum Genie account to any third parties for any purpose whatsoever; (iv) reverse engineer, decompile, disassemble, translate, or prepare derivative works of the System, or otherwise modify the same, in whole or in part; (v) use the Service to display material that may be subject to copyright protection without the express consent of the copyright owner; (vi) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained within the System; (vii) misrepresent the source of ownership of the System; or (viii) otherwise access or utilize the System in any manner other than permitted by this Agreement.
(d) Administrators and Teachers: Administrators and Teachers are strictly prohibited from using the Service in any manner that violates school policy or applicable regulations, or to otherwise use the Service in a manner that violates our Privacy Policy.
(e) Parents: Parents who choose to utilize the sharing features of the Service do so at their own risk. Any information that you willingly choose to share with another user through the Service or in a publicly accessible area will be available to other users who access that content, and Learning Genie will not be held responsible for how others choose to use it. Parents are further required to follow any school regarding privacy and are forbidden from publicly sharing photographs that contain any child who is not their own, without the consent of that child’s parent.
(f) Electronic Signature Policy: All documents, agreements, records, and other correspondence between and among any User of the Service and Curriculum Genie that require a signature to have legal effect shall be signed electronically in a manner consistent with the Electronic Signatures in Global and National Commerce Act, 15 USC 96, et. seq. Any electronically signed agreement shall be considered as valid and enforceable as an original, signed document.
(g) Your Content: You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
(h) Ownership of Content: As between you and OpenAI, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
(i) Similarity of Content: Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any third-party output.
(j) Our Use of Content: We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
Subscriptions, Fees, and Payment: This section details the terms and conditions regarding subscription plans, fees, payment processing, and our cancellation policy for the service.
(a) Subscription and Fees: Users may select a subscription plan (e.g., monthly or annual) to access certain features of the Service. Unless otherwise stated at checkout, prices are shown in the displayed currency and exclude applicable taxes. The subscription fee is charged at the start of each billing period.
(b) Auto-Renewal; Your Consent; How to Cancel: To ensure uninterrupted service, subscriptions automatically renew for successive periods equal to the initial term until you cancel. By starting a paid plan, you authorize recurring charges to your payment method at the then-current price for your plan and applicable taxes. You may cancel at any time before the renewal date via your account settings or by contacting us using the methods listed in the “Contact Us” section of these Terms. Deleting your account or uninstalling any application does not cancel your subscription. Where required by law, we will send renewal reminders and provide an online cancellation mechanism.
(c) Payment Method: All payments are processed by our third-party payment provider, Stripe. We do not store full credit-card numbers on our servers. Stripe, as an independent payment processor, is responsible for transaction security and compliance with applicable regulations. You authorize us (and Stripe) to charge all amounts due using the payment method you provide.
(d) Taxes and Other Charges: You are responsible for any sales, use, VAT/GST, or similar taxes (collectively, “Taxes”) associated with your purchase, other than taxes based on our net income. Where required, Taxes will be calculated and charged at checkout. You are responsible for any bank, exchange-rate, or foreign transaction fees.
(e) Trials and Promotions: If your plan includes a free trial or promotional pricing, it will run for the stated period. Unless you cancel before it ends, your subscription will automatically continue at the then-current price for your selected plan.
(f) Upgrades, Downgrades, and Plan Changes: If you upgrade, the change may take effect immediately. If you downgrade or remove paid features, the change typically takes effect at the next renewal unless we state otherwise; you may lose access to features, capacity, or content tied to the higher-tier plan. Plan entitlements and usage limits are determined by the plan active on your account.
(g) Price and Plan Changes: We may modify subscription prices, features, and plan offerings. Any price changes apply to subsequent billing periods and will be communicated in advance where required by law. If you do not agree to the change, you must cancel before the new pricing takes effect.
(h) Refund and Cancellation Policy: Except as required by law, all subscription fees are non-refundable, and no credits are provided for partial periods. If you cancel, the cancellation takes effect at the end of your current paid term, and you will retain access until that date. Refund requests due to documented technical issues that prevent reasonable use of the Service may be considered on a case-by-case basis at our sole discretion. Nothing in this section limits any non-waivable consumer rights (e.g., statutory cooling-off/withdrawal rights) that may apply in your jurisdiction.
(i) User Payment Obligations: You agree to provide current, complete, and accurate billing information and not to use any false, stolen, or unauthorized payment method. Fraudulent or abusive activity may result in immediate suspension or termination of your Service.
(j) Failed Payments; Disputes and Chargebacks: If a payment is declined or you initiate a dispute/chargeback, we may retry the charge, suspend or limit access to paid features until amounts due are paid, and/or terminate your subscription if issues are not promptly resolved. We may correct pricing or billing errors and re-invoice or recharge in good faith.
(k) Termination of Service for Non-Payment: We reserve the right to suspend or terminate your access to the Service if a payment is not successfully completed or if a payment dispute arises. Upon termination or cancellation, we may convert your account to a free tier (if available) and/or restrict access to paid features.
(l) Invoicing (Business/Enterprise Accounts): If we approve invoicing terms for your organization, fees are due within the payment period stated on the invoice. Late amounts may accrue interest at the maximum rate permitted by law and may be subject to reasonable collection costs. We may suspend service for past-due accounts.
(m) Billing Questions: For billing questions, cancellations that cannot be completed in-product, or refund inquiries, contact us using the information provided on our website (help@learning-genie.com).
Representations and Warranties. The Service is made available to you in reliance upon the following representations and warranties: (i) You are a school administrator or have been authorized by an Administrator or Teacher to access the service; (ii) you will not use the Service for the purpose of violating any statute, rule, or regulation; (iii) you will not use the Service to facilitate the distribution of computer viruses, spyware, or any other malicious code; (iv) you will not use the Service to post information that infringes upon the proprietary rights of third parties, including without limitation intellectual property rights, or rights of publicity or privacy; and (vi) you will not use the Service in any manner other than as described herein.
Copyright. We respond to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Curriculum Genie
Attention: Copyright Agent
5860 Owens Ave, Suite 250,
Carlsbad, CA 92008
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.
No Warranty. Curriculum Genie makes no representation or warranty that: (a) the Service will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the System are free of viruses or other malicious code; and (c) your use of the Service is in compliance with applicable regulations, including, without limitation, FERPA, AB1584, and SB1177. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER. Curriculum Genie PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE SERVICE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
The Service may display advertisements for products and services offered by third parties. Curriculum Genie makes no guarantees about, and assumes no responsibility for, the content of such advertisements, or the availability, delivery, or performance of any product or service offered therein.
General Release and Indemnification. In no event shall Curriculum Genie be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the Service, including without limitation to losses incurred due to: (a) software glitches, server failures, power outages, or any other issue beyond Curriculum Genie’s control; (b) any delays in or failure of the Service to operate as described; (c) any use of the Service in violation of the terms of this Agreement. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You further agree to indemnify, hold harmless, and defend Curriculum Genie, together with its officers, directors, employees, agents, subsidiaries, and affiliates (the “Indemnified Parties”), from and against any claims, actions, proceedings, and suits (collectively “Claims”) brought against Curriculum Genie by any third party that are associated with your use of the Service in any manner that violates this Agreement, and expressly agree to assume liability for any damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) that may be incurred by Curriculum Genie in connection with any Claim subject to this section.
Arbitration Agreement and Class Action Waiver. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, you are waiving the right to a trial by jury or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, but is not limited to, claims arising out of or relating to the Service or your use thereof, regardless of when they may arise. It is understood and agreed that any arbitration proceeding may be conducted telephonically.
Choice of Law; Forum. This document shall be governed in all respects by the laws of the United States and the State of California. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in San Diego County, California except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
Third-Party Terms of Service and Privacy Policy Resources. Curriculum Genie’s products and services may include services from a third party. By using Curriculum Genie, you accept the associated conditions, terms, and policies of these external entities.
Such third parties include, but are not limited to, the following:
(a) YouTube API Services: Curriculum Genie uses the YouTube API to enhance our services’ features. Your usage signifies agreement to the conditions, terms, and policies of Google (Alphabet Inc.), YouTube (Google LLC), and YouTube API Services (Google LLC). It’s important to be aware of these as you might encounter third-party ads and may need to log in to Google services to view certain videos, thereby consenting to Google’s Privacy Policy, YouTube’s Terms of Service, and the YouTube API Services Terms of Service.
(b) Google Cloud: We use Google Cloud services for various features, including but not limited to translation services. By using Curriculum Genie, you agree to Google’s Privacy Policy.
(c) AWS: Amazon Web Services (AWS) is used by Curriculum Genie for secure data storage and management, enhancing our service’s performance and scalability. AWS’s privacy policy applies to the data managed by its services.
(d) Microsoft: Certain functionalities of Curriculum Genie are powered by Microsoft services, your interaction with these implies acceptance of Microsoft’s Privacy Statement.
(e) Microsoft Azure: Curriculum Genie utilizes Microsoft Azure’s cloud services to facilitate text-to-voice capabilities. Your use of our service implies acceptance of Microsoft Azure’s Privacy Policy.
(f) Vimeo: Vimeo’s API is integrated within Curriculum Genie for video-related functionalities. Your interaction with these features implies consent to Vimeo’s Privacy Policy.
(g) OpenAI: We incorporate OpenAI’s advanced AI technologies to provide a smarter and more responsive service. Your use of these features implies consent to OpenAI’s Privacy Policy.
Modification and Notice of Changes. We reserve the right to change, modify, add or remove portions of this Agreement, without advance notice to you. We will notify you of any such changes by placing a written notice on the sign-in page, together with a link to the amended version. The amended version will include a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
Questions. Please direct any questions concerning this Agreement via email to help@learning-genie.com.
