Terms of Service

Introduction

Welcome to Game-Smart.

These Terms of Service ("Terms") govern access to and use of the Game-Smart website, platform, and related services (collectively, the "Service"). Game-Smart is designed for use by schools and school-run programs.

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Beta Status

Game-Smart is currently offered in beta.

The Service is actively being developed and improved based on real-world school use. Features may evolve, change, or be refined over time.

Schools using Game-Smart during the beta period understand that the Service is provided "as is" while development continues. We work to improve stability, performance, and usability throughout this phase.

Who these Terms apply to

Game-Smart is licensed to schools, districts, and school-run programs ("Schools").

Use of the Service by students, educators, and staff occurs under the authority of a participating School.

If you are accessing the Service on behalf of a School or organization, you represent that you are authorized to do so and to bind that entity to these Terms.

For Schools, these Terms may be supplemented or replaced by a separate written agreement or district-approved contract.

Game-Smart does not offer consumer subscriptions.

Student use and age requirements

Game-Smart is intended for educational use through Schools.

Student access is provided and managed by Schools in accordance with applicable laws, including FERPA and COPPA where applicable.

Game-Smart does not knowingly provide accounts directly to children outside of a school-authorized context.

Where required, Schools are responsible for obtaining parental consent for student use.

Accounts and access

Access to the Service may require an authorized account.

Users are responsible for maintaining the confidentiality of their login credentials and for activity conducted under their account.

Schools are responsible for managing student access, permissions, and usage.

Game-Smart may suspend or terminate access if accounts are used in violation of these Terms or applicable agreements.

Acceptable use

You agree to use the Service only for lawful, educational, and authorized purposes.

You may not:

• Violate any applicable law or regulation
• Interfere with or disrupt the Service or its systems
• Attempt unauthorized access to accounts or data
• Upload or transmit malicious code
• Impersonate another person or entity
• Use the Service outside of a School-authorized context

Game-Smart may suspend or terminate access for misuse.

Content

The Service may include educational materials, system-generated content, and user-submitted information.

Game-Smart owns or licenses the Service, including its software, design, and original materials.

Users retain ownership of content they submit, if any, but grant Game-Smart a limited, non-exclusive license to use that content solely to operate and improve the Service.

Data use and privacy

Use of the Service is subject to our Privacy Policy.

Game-Smart acts as a school service provider (or "school official") under FERPA and processes student data only to provide the Service to Schools.

We do not sell personal data and do not use student data for advertising or marketing purposes.

Schools retain control of student data and may request access, correction, or deletion in accordance with applicable agreements.

Modifications to the Service

Game-Smart may update, modify, or discontinue parts of the Service.

We make reasonable efforts to maintain continuity but do not guarantee uninterrupted availability.

Disclaimer

The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

Game-Smart does not guarantee that the Service will be error-free, uninterrupted, or meet specific educational outcomes.

Schools are responsible for determining how the Service is used within their programs.

Limitation of liability

To the maximum extent permitted by law, Game-Smart shall not be liable for indirect, incidental, consequential, or special damages.

Game-Smart's total liability shall not exceed the amount paid by the School for the applicable licensing period.

Responsibility of Schools

Schools are responsible for:

• Authorizing users
• Managing student access
• Ensuring appropriate use
• Complying with applicable laws and policies

Game-Smart does not monitor individual user interactions and is not responsible for how Schools implement the Service.

Governing law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

If any provision is held unenforceable, the remaining provisions remain in effect.

Changes to these Terms

Game-Smart may update these Terms from time to time. Updates will be posted on this page with a revised "Last updated" date.

Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

Contact

Questions about these Terms may be directed through the contact page on our website.