Terms of Service

1. Eligibility and Parent Responsibility

You may use the Services only if you have legal capacity to enter into a binding agreement and are permitted to do so under applicable law.

The Services are intended to be purchased, configured, and supervised by a parent or legal guardian. If you create or use an account for the benefit of a child, you represent and warrant that you are the child's parent or legal guardian or otherwise authorized to make decisions for that child in connection with the Services.

You are responsible for supervising the child's use of the Services, providing accurate information, protecting your account credentials, and ensuring that recordings and submissions are made in an appropriate environment.

2. No Clinical, Medical, Educational, or Emergency Services

Dylumio is an educational and reading-support product. It is not a medical device, healthcare provider, school, psychologist, speech-language pathologist, tutor of record, or diagnostic service.

The screener provides risk indicators and support recommendations only. It does not diagnose dyslexia or any other condition, does not replace clinical evaluation, and must not be used as the sole basis for medical, psychological, special education, or legal decisions.

AI-generated insights, tutor feedback, and reports may be incomplete, inaccurate, or inappropriate in particular cases. You remain responsible for evaluating whether any recommendation is suitable for your child.

The Services are not intended for emergencies or urgent safety situations. If you believe a child is in danger or requires urgent professional assistance, contact appropriate emergency or professional services immediately.

3. Accounts and Child Profiles

You must provide accurate, current, and complete information when creating an account and keep it updated.

You are responsible for all activity that occurs under your account, including activity by children you permit to use the Services.

Children do not receive independent account credentials under the standard Dylumio product design. Child profiles remain linked to and controlled by the parent account.

We may suspend or terminate accounts that contain inaccurate information, unauthorized child access, suspected fraud, abusive behavior, or violations of these Terms.

4. Audio Recordings, Voice Data, and Transcription Risk

Certain features require audio recordings of a child's voice, including the screener, read-aloud activities, and tutor features. By using these features, you authorize Dylumio and its service providers to receive, store, process, transcribe, analyze, and use the recordings as described in our Privacy Policy.

Audio recordings may contain personal information, including a child's voice and incidental background speech. Speech recognition, transcription, and AI systems are probabilistic and may mishear, mistranscribe, or misclassify a child's reading. These errors may affect scores, recommendations, and reports.

You agree not to intentionally include unnecessary sensitive information in recordings or instruct children to disclose highly sensitive information through the Services.

You understand and accept that no system can guarantee perfect privacy, confidentiality, or technical performance for voice-based features. Use of voice features is at your own risk.

5. License and Permitted Use

Subject to these Terms, Dylumio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for personal, non-commercial family educational use.

You may not, and may not permit others to:

• Copy, reproduce, sell, rent, resell, license, or commercially exploit the Services or their content except as expressly permitted by us in writing.
• Reverse engineer, decompile, disassemble, scrape, frame, or otherwise attempt to derive source code, models, scoring logic, or proprietary content from the Services except where prohibited by law.
• Use the Services to develop or train a competing service, data set, model, or curriculum library.
• Circumvent security features, access controls, subscriptions, usage limits, or gating features.
• Upload malicious code, interfere with the Services, or misuse any social or child-facing feature.
• Use the Services in violation of law or the rights of others.

6. User Content and Feedback

You retain ownership of the information and content you submit to the Services, subject to the rights you grant in these Terms.

You grant Dylumio a non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, modify, display, and use submitted content, including recordings and text, solely as necessary to provide, maintain, secure, improve, and support the Services and as otherwise described in the Privacy Policy.

If you provide suggestions, ideas, or feedback, you grant us the unrestricted right to use that feedback without compensation or obligation to you.

7. Subscriptions, Billing, and Auto-Renewal

Certain features require a paid subscription. Prices, plan features, and trial terms, if any, are presented at the time of purchase and may be updated from time to time.

By purchasing a subscription, you authorize us and our payment processors to charge your selected payment method for all applicable charges, taxes, and recurring subscription fees.

Unless otherwise stated at the time of purchase, subscriptions renew automatically at the end of each billing period until canceled.

You may manage or cancel your subscription through the billing portal or any other method we make available. Cancellation will generally take effect at the end of the current paid term unless applicable law requires otherwise.

Except as required by law, payments are non-refundable, and we do not provide refunds or credits for partial billing periods, unused Services, or mid-cycle downgrades.

If a payment fails, we may suspend or limit access to paid features until payment is successfully processed.

8. Promotions, Trials, and Beta Features

We may offer promotional pricing, trials, or beta features in our discretion. Additional terms may apply to those offers.

Beta or experimental features may be incomplete, unstable, changed, or removed at any time. We make no commitment to maintain or support any beta feature and may collect additional usage and feedback information related to such features.

9. Social Features and Child Safety

Reading Friends and related social features are designed to be privacy-limited. Children do not receive open chat or direct free-text messaging features in the standard product experience described in these Terms.

Parents are responsible for supervising child participation and reviewing connection decisions. Dylumio may limit, suspend, or remove social features or accounts to protect safety, privacy, or integrity of the Services.

10. Intellectual Property

The Services, including software, interfaces, visual design, curriculum structure, lesson content, text, graphics, audio, data compilations, trademarks, logos, and related materials, are owned by Dylumio or its licensors and are protected by intellectual property and other laws.

Nothing in these Terms transfers ownership of the Services or our intellectual property to you except the limited use rights expressly granted above.

11. Third-Party Services

The Services may rely on or integrate with third-party providers for hosting, authentication, billing, email, analytics, AI processing, transcription, or other functionality. Your use of those third-party components may also be subject to the third parties' terms and policies.

We are not responsible for third-party services, content, payment processing, outages, or data practices except to the extent required by law.

12. Service Availability and Changes

We may modify, suspend, or discontinue all or part of the Services at any time, with or without notice, including changing features, coursework, scoring models, social features, and subscription offerings.

We do not guarantee that the Services or any content will always be available, uninterrupted, timely, secure, accurate, or error-free.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, DYLUMIO DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR EDUCATIONAL OUTCOME.

WE DO NOT WARRANT THAT THE SCREENER, TRANSCRIPTION, AI OUTPUTS, LESSONS, COURSE PLACEMENT, OR REPORTS WILL BE COMPLETE, CORRECT, CLINICALLY VALID, OR SUFFICIENT FOR ANY PARTICULAR USE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DYLUMIO AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND PERSONNEL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF DYLUMIO AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND PERSONNEL FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO DYLUMIO FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Indemnification

You agree to defend, indemnify, and hold harmless Dylumio and its affiliates, licensors, service providers, and personnel from and against any claims, losses, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your violation of these Terms, your infringement or violation of any rights of another person, or your misuse of child data or recordings.

16. Suspension and Termination

We may suspend, limit, or terminate your access to the Services at any time if we reasonably believe you have violated these Terms, created risk or possible legal exposure for us or others, failed to pay fees when due, or used the Services in a way that could harm children, users, or the Services.

You may stop using the Services at any time. Sections of these Terms that by their nature should survive termination will survive, including sections relating to intellectual property, disclaimers, limitations of liability, indemnification, payment obligations, dispute resolution, and general legal terms.

17. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of California, without regard to conflict-of-law principles.

Subject to any non-waivable rights you may have under applicable law, the state and federal courts located in the California county where Dylumio's principal place of business is then located will have exclusive jurisdiction over disputes that are not required to be resolved in another forum by applicable law, and each party consents to personal jurisdiction and venue in those courts.

18. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DYLUMIO AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW.

This arbitration agreement is intended to be interpreted broadly and to be governed by the Federal Arbitration Act (FAA), 9 U.S.C. Sections 1-16, to the fullest extent permitted by law.

Either party may bring an individual claim in small claims court if the claim qualifies and remains on an individual, non-class basis. Either party may also seek temporary or preliminary injunctive relief in a court of competent jurisdiction as necessary to protect intellectual property, confidential information, privacy, or security interests pending completion of arbitration.

Any arbitration will be conducted on an individual basis only. You and Dylumio each waive any right to a jury trial and any right to participate in a class action, class arbitration, private attorney general action, mass arbitration, consolidated proceeding, or other representative action.

The arbitrator, and not any court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable, except that a court of competent jurisdiction may determine issues relating to the enforceability of the class action waiver.

If this arbitration agreement is found unenforceable as to a particular claim or remedy, then that claim or remedy will be severed and proceed in court to the extent required by law, and the remaining claims will proceed in arbitration. If the class action waiver is found unenforceable, then this entire arbitration section will be null and void to the extent required by law.

19. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we may provide notice through the Services, by email, or by updating the effective date above. Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the updated Terms.

20. General Terms

These Terms, together with our Privacy Policy and any additional terms presented to you at the time of purchase or use, constitute the entire agreement between you and Dylumio regarding the Services.

If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

21. Contact Us

Questions about these Terms may be sent to support@dylumio.com.