Terms of Service

1. Acceptance of Terms

Welcome to Lit-Levels™ ("Service," "Platform," "we," "us," or "our"), operated by ERM-Educational Services. By accessing or using our K-12 reading intervention platform, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all users, including but not limited to schools, school districts, teachers, administrators, students, parents, and guardians.

Schools and districts: if your school or district has signed a written agreement with us (for example, a services agreement, purchase order terms, or a data privacy agreement), that agreement controls wherever it conflicts with these Terms or our Privacy Policy. Section 6A explains how these Terms apply to school and district use.

2. Description of Service

Lit-Levels™ is an AI-powered K-12 reading intervention platform designed to help struggling readers improve literacy skills through personalized stories, adaptive learning, and comprehensive teacher analytics. The Service includes:

• Interactive reading adventures and comprehension exercises
• AI-powered semantic grading and personalized feedback
• Teacher dashboards with student analytics and progress tracking
• Individualized learning plans and intervention tools
• MVPA (Mastery View Predictive Assessment) integration
• Vocabulary development tools
• Group story planning for small-group interventions

3. User Accounts and Eligibility

3.1 Account Registration

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Children's Privacy

Lit-Levels™ is designed for use by K-12 students, which includes children under the age of 13. Lit-Levels is designed to support schools' obligations under the Family Educational Rights and Privacy Act (FERPA) and, where it applies, the Children's Online Privacy Protection Act (COPPA). Student accounts must be created by or with the consent of a school, teacher, or parent/guardian. We do not knowingly collect personal information from children without proper consent.

3.3 School and Teacher Responsibilities

Schools and teachers who create student accounts represent and warrant that they have obtained all necessary consents and permissions from parents/guardians as required by applicable law, including COPPA and FERPA.

3.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable federal, state, local, or international law or regulation
• Impersonate or attempt to impersonate ERM-Educational Services, a Lit-Levels employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
• Use the Service in any manner that could disable, overburden, damage, or impair the Service
• Use any robot, spider, or other automatic device to access the Service without our express written permission
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Attempt to gain unauthorized access to any portion of the Service, accounts, computer systems, or networks connected to the Service
• Share student account credentials with unauthorized parties
• Use the Service to collect or harvest personal information about other users without their consent

5. Intellectual Property Rights

5.1 Ownership

The Service and all of its original content, features, functionality, and design (including but not limited to text, graphics, logos, images, software, audio, video, interactive features, AI-generated content, and the overall "look and feel" of the Service) are and will remain the exclusive property of ERM-Educational Services and its licensors.

Lit-Levels™, all related logos, and product names are trademarks of ERM-Educational Services. You may not use these trademarks without our prior written permission.

5.2 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for educational purposes. For a school or district, this license covers use by its authorized staff and enrolled students for the school's instructional and administrative purposes during the subscription or agreement term.

5.3 User Content

You (or your school) keep ownership of the content you submit to the Service, including student work and responses. You grant us a limited, royalty-free, non-exclusive license to host, store, process, reproduce, and display that content only as needed to provide the Service to you and your school, to support and secure the Service, and as otherwise directed by your school. We do not use identifiable student content to improve the Service or for any other purpose beyond providing it; we may use data only after it has been de-identified and aggregated so that it cannot reasonably identify a student. This license ends when the content is deleted, except for copies held in backups until they expire, as described in our Privacy Policy.

6. Student Data and Privacy

The collection, use, and disclosure of student data is governed by our Privacy Policy and is subject to FERPA, COPPA, and applicable state student privacy laws. We are committed to protecting student privacy and will not:

• Sell student data to third parties
• Use student data for targeted advertising
• Create personal profiles of students for non-educational purposes
• Disclose student data to anyone other than the school, authorized school users, parents/guardians through the Parent Portal, and the service providers listed in our Privacy Policy that help us operate the Service under confidentiality and data-use restrictions, except as required by law or as directed by the school

Please review our Privacy Policy for detailed information about how we collect, use, and protect student data.

6A. Schools and Districts

6A.1 Our Role

When a school or district uses Lit-Levels, we act as a service provider to the school. We use student records only to provide the Service to that school, under the school's direction, and for no other purpose. The school owns and controls its student records, and parents and eligible students keep the rights they have under applicable law, which they exercise through the school.

6A.2 Order of Precedence

A signed agreement between us and a school or district, including any data privacy agreement or state-required addendum, controls over these Terms and our Privacy Policy where they conflict.

6A.3 Return and Deletion of Student Data

When a school's subscription or agreement ends, or at any time on the school's written request, we will return the school's student data in a commonly used format if requested and then delete it from the active Service within the period set by the school's agreement, or otherwise within 60 days. Encrypted backup copies are not restored for use and expire on our backup rotation schedule described in our Privacy Policy. We will confirm deletion in writing on request.

6A.4 Terms That Do Not Apply to Public Schools and Districts

For public schools, school districts, and other public education agencies: (a) Section 9 (Indemnification) applies only to the extent the agency is permitted by law to give an indemnity, and no agency is required to indemnify us where its governing law does not allow it; (b) Section 10.2 (Binding Arbitration) and Section 10.3 (Class Action Waiver) do not apply unless the agency agrees to them in writing; and (c) Section 13 (Governing Law) is replaced by the laws of the state in which the agency is located, unless the signed agreement says otherwise. Liability limits and any exceptions to them for such agencies are set by the signed agreement.

6A.5 Security Incidents

If we confirm unauthorized access to a school's student data, we will notify the school without unreasonable delay and within any time required by law or the school's agreement, and we will cooperate with the school in responding.

7. Payment Terms (If Applicable)

7.1 Subscription Pricing

If you subscribe to a paid plan, you agree to pay all applicable fees as described at the time of purchase. Pricing is subject to change with 30 days' notice. Current pricing is shown on our Pricing page or in your written quote or agreement.

7.2 Billing

Billing frequency and payment method are set out in your plan selection, quote, or agreement. Fees are charged only through a payment method you authorize for that purchase.

7.3 Refunds

Refunds are handled on a case-by-case basis within 30 days of purchase. After 30 days, all sales are final.

8. Disclaimers and Limitation of Liability

8.1 No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected. We make no guarantees regarding educational outcomes or student performance improvements.

8.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ERM-EDUCATIONAL SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.

Our total liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the amount you paid us in the 12 months prior to the claim, or $100, whichever is greater.

9. Indemnification

You agree to defend, indemnify, and hold harmless ERM-Educational Services, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

10. Dispute Resolution and Arbitration

10.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally.

10.2 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Unless the parties agree otherwise, and subject to the applicable American Arbitration Association rules and any mandatory applicable law, the arbitration will take place in Charlotte, Mecklenburg County, North Carolina. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

10.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. YOU AGREE TO WAIVE ANY RIGHT TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

11. Termination

We may suspend or terminate your account if you materially breach these Terms. Where practicable, we will give notice and a reasonable opportunity to fix the problem first; we may act immediately where needed to protect students, other users, or the security of the Service, or to comply with law. For a school or district, termination of the school's subscription follows the notice terms in its agreement, and Section 6A.3 applies to the school's student data. Upon termination, your right to use the Service will cease.

You may terminate your account at any time by contacting us at [email protected]. Upon termination, we will delete your account data in accordance with our Privacy Policy and applicable law.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Where practicable, we will notify you of material changes by email or by posting a notice on the Service at least 30 days before the changes take effect. We may make changes with shorter notice, or effective immediately, only where needed to comply with law, address a security issue, prevent fraud or abuse, or provide urgent operational protection of the Service or its users. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. Changes to these Terms do not change a signed school or district agreement unless that school or district agrees in writing.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions, subject to any mandatory law that applies to you or to your school or district.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and ERM-Educational Services regarding the Service and supersede all prior agreements and understandings, except that any signed written agreement with a school or district (including a data privacy agreement) remains in effect and controls as described in Section 6A.2.

16. Contact Information

If you have any questions about these Terms, please contact us at: