Terms of Service

These Terms of Service (“Terms”) govern access to and use of the NutriLearn nutrition-education web application (the “Service”), provided by [Company Name](“we,” “us”).

NutriLearn is sold to schools and school districts (“School,” “Customer”), typically under a separate order form, purchase agreement, or data-processing agreement between the School and us (a “School Agreement”). Teachers and students access the Service as end users under accounts the School — through its teachers — creates and controls (together with the School, “Users,” and individually a “User”). If anything in a School Agreement conflicts with these Terms, the School Agreement controls for that School.

A student does not independently agree to these Terms and is not expected to — the School, as the purchasing and consenting institution, is responsible for authorizing student use consistent with these Terms and with applicable law, including as described in our Privacy Policy.

Because NutriLearn is a business-to-business-to-consumer (B2B2C) product, the School occupies a distinct role from an ordinary end user, and by using the Service the School agrees that it is responsible for:

• Determining that its teachers and students may use the Service consistent with the School's own policies and applicable education and privacy law (including FERPA and, where applicable, COPPA and state student-privacy laws);
• Acting, and representing that it has the authority to act, as the data controller for its students' data, and as the party consenting on behalf of parents to student data collection under the “school official” exception described in our Privacy Policy;
• Controlling which of its staff have teacher-level access, and what information (such as a student display name) is entered into student accounts;
• Keeping teacher account credentials confidential and promptly notifying us of any suspected unauthorized access; and
• Complying with its own obligations to notify parents or guardians about the Service, where its own policies or applicable law require it.

Users agree not to, and Schools agree to take reasonable steps to ensure their teachers and students do not:

• Use the Service for any purpose other than its intended nutrition-education use in a school setting;
• Attempt to bypass, disable, or interfere with the Service's security features, scoring integrity (for example, attempting to submit fabricated scores instead of playing a challenge), or access controls;
• Attempt to access another School's data, another teacher's classes, or another student's account;
• Enter a student's real name, contact information, or other personal information into fields not intended for it (such as a display name), or otherwise use the Service to collect personal information beyond what it is designed to collect;
• Reverse-engineer, scrape, or resell access to the Service without our written permission; or
• Use the Service to transmit anything unlawful, harmful, or abusive — noting that student-to-student communication in the Service is limited to a fixed set of pre-approved phrases specifically to reduce this risk.

Teacher accounts are created directly by a teacher (email and password, or, where a School has enabled it, single sign-on). Student accounts are created only by a teacher, from within the product — students do not self-register. Each User is responsible for activity that occurs under their own login credentials, and each School is responsible for the accounts of the teachers and students it creates.

We retain all rights, title, and interest in and to the Service itself, including its software, game content, lesson content, and design. Schools and Users retain any rights they may have in content they submit to the Service (which, by design, is limited — students do not submit free-text content; teachers may create or configure classes and assignments). We are granted a license to use such submitted content solely to operate and improve the Service.

Fees, billing terms, and subscription duration for a School's use of the Service are set out in the applicable School Agreement or order form, not in these Terms. These Terms govern acceptable use of the Service by that School's teachers and students once access has been provisioned.

We aim to keep the Service available and performing well, but we do not guarantee that it will be uninterrupted, error-free, or available at all times. The Service may be temporarily unavailable for maintenance, updates, or reasons outside our control (including outages of infrastructure providers we depend on). We are not liable for reasonable, good-faith interruptions to the Service.

Any specific uptime or support commitment we make to a School is governed by that School's own School Agreement, if one exists, rather than by these Terms.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. NutriLearn is an educational supplement and game and is not a substitute for professional medical, dietary, or nutritional advice; nothing in the Service should be relied on as individualized health guidance for any student.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, [COMPANY NAME] WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, REVENUE, OR GOODWILL, ARISING FROM OR RELATED TO USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED [amount actually paid by the School in the 12 months preceding the claim, or another figure — to be set with legal review]. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to a given School.

A School may stop using the Service, or terminate its School Agreement, in accordance with the terms of that agreement (or, absent one, by contacting us). We may suspend or terminate access to the Service for a School or an individual User if we reasonably believe these Terms have been violated, if required by law, or if continued access poses a security or safety risk — we will make reasonable efforts to notify the School first except where immediate action is needed.

Upon termination, we will handle any remaining student and School data consistent with our Privacy Policy, including its data retention terms.

We may update the Service and these Terms from time to time. If we make material changes to these Terms, we will update the effective date above and, where appropriate, notify Schools directly. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of [Governing State/Country], without regard to its conflict-of-laws principles, unless a School's School Agreement specifies otherwise. Any dispute arising from these Terms or the Service will be resolved in the courts located in [Venue — placeholder], unless the applicable School Agreement provides for a different process (such as arbitration).

Questions about these Terms can be sent to [Contact Email — e.g. legal@[yourdomain].com].

[Company Name] — [Company Address — placeholder, fill in before publishing]