Terms of Service

1. Acceptance of Terms

Welcome to Lit-Level™ ("Service," "Platform," "we," "us," or "our"), operated by ERM Solutions. 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.

2. Description of Service

Lit-Level™ 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-Level™ is designed for use by K-12 students, which includes children under the age of 13. We comply with the Children's Online Privacy Protection Act (COPPA) and the Family Educational Rights and Privacy Act (FERPA). 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 Solutions, a Lit-Level 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 Solutions and its licensors.

Lit-Level™, all related logos, and product names are trademarks of ERM Solutions. 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 your personal, educational, and non-commercial purposes.

5.3 User Content

By submitting, posting, or uploading content to the Service (including student work, photos, or responses), you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display such content solely for the purpose of providing and improving the Service. We will not share student content with third parties except 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 except as required by law or with explicit consent

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

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 includes:

• School/District License: $50 per student per year
• Family License: $75 per student per year

7.2 Billing

Subscription fees are billed in advance on an annual basis. You authorize us to charge your payment method for all applicable fees.

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 SOLUTIONS 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 Solutions, 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. The arbitration shall take place in [Your State/Location]. 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 terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately 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. 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. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which ERM Solutions is incorporated, without regard to its conflict of law provisions.

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 Solutions regarding the Service and supersede all prior agreements and understandings.

16. Contact Information

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