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LUCA – Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE, THE LUCA PLATFORM, OR ANY RELATED PRODUCTS OR SERVICES.

Introduction

Welcome to LUCA. By accessing or using our websites, the LUCA Platform, and other related products and services (collectively, the “Services”), you acknowledge that you have read and understood these Terms of Service (the “Terms”) and that you agree to be bound by them. You acknowledge that these Terms incorporate our Privacy Policy, which describes how we collect, use, disclose, and protect personal information when you access or use the Services. By accessing or using the Services, you agree to be bound by both these Terms and the Privacy Policy.

If you do not understand these Terms or the Privacy Policy, or do not accept any part of them, you may not use the Services.

In these Terms, “you” refers to: (1) an individual of legal age who can enter into a contract in the jurisdiction where the individual resides and who accesses or uses the Services; (2) a parent or legal guardian of a minor child that intends to use or access the Services and for whom the Services are designed (each a “Child User”), who gives the Child User permission to access or use the Services in accordance with these Terms and the Privacy Policy; and (3) a Child User that has been given permission to access or use the Services by a parent or legal guardian.

The entity providing the Services is LUCA AI, LLC, a Delaware limited liability company, with offices at 651 N. Broad Street, Suite 201, Middletown, DE 19709 (“LUCA”, “our”, “us”, “we”).

Who May Use the Services

You must be at least 13 years old to use the Services on your own. Children of any age may use the Services if enabled by a parent or legal guardian or by a school or district acting in accordance with applicable law. If you are under 18 years old, you represent that you have your parent or legal guardian permission to use the Services. Parents and legal guardians should review these Terms and the Privacy Policy with any Child User.

If you are a parent or legal guardian of a User under the age of 18, by allowing your child to use the Services, you are subject to these Terms and are responsible for your child’s activity on the Services. If you are a parent or legal guardian of a User under the age of 13, you agree that as part of your onboarding, you will provide verifiable parental consent by reviewing these Terms and the Privacy Policy and completing a verification step (for example, returning a signed consent form or confirming via email and a secondary method) before your child may access or use the Services.

User Types: A “Parent or Legal Guardian User” is a parent or legal guardian registering for a Child User. A “School User” is a school, district, educator, or authorized representative registering students for educational use.

If you are a School User, the school may provide consent on behalf of parents for the collection of personal information from children under 13 for educational purposes and for the benefit of the school, in accordance with the Children’s Online Privacy Protection Act (COPPA). In such cases, individual parental consent is not required, provided the data is not used for any commercial purpose such as marketing or advertising. The School User represents that it has the authority to provide such consent and will provide parents with notice of data practices as appropriate. Upon request, LUCA will provide the School User with a description of personal information collected, an opportunity to review and delete the child’s personal information, and an option to opt out of further collection. For School Users, LUCA qualifies as a “school official” under the Family Educational Rights and Privacy Act (FERPA), using Student Data only for legitimate educational interests as authorized by the school.

Your Use of the Services

The content on the Services includes, without limitation, all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, voice recordings, artwork, interactive features, software, metrics, and computer code displayed on or available through the Services, and the design, structure, selection, coordination, expression, and arrangement of such materials, including: (1) materials and other items relating to LUCA and our products and services, including activities, stories, games, lesson plans, teacher trainings, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation; (2) trademarks, logos, trade names, service marks, and trade identities of various parties, including LUCA (“Trademarks”); (3) other forms of intellectual property; and (4) other materials provided by LUCA or our third party partners to you (collectively, the “Content”).

The Services collect information from you, including PII, technical information, aggregate information, and information related to your reading activities (collectively, the “Collected Information”). Our Privacy Policy explains how we collect, use, and share personal information and how we protect your privacy when you use the Services. Voice recordings collected for educational features such as speech recognition are treated as personal information and are used only for authorized educational purposes when consented to by a School User or parent or legal guardian.

For school implementations, Student Data and related privacy obligations are also governed by a separate Student Data Privacy Agreement or similar data privacy addendum between LUCA and the school or district.

Restrictions on Use

You may access and use the Services only if you comply with these Terms and applicable laws. You may view, listen to, or use the Content only for your personal use or for educational use as permitted by these Terms and any applicable agreement between LUCA and a School User, and not for any commercial use.

You may not:

  1. Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise use any part of the Services or any Content except as expressly authorized by the Services or with prior written permission from LUCA;
  2. Circumvent, disable, interfere with, or attempt to circumvent, disable, or interfere with any part of the Services, including security related features that prevent or restrict the copying or other use of Content or that limit use of the Services or Content;
  3. Remove copyright or trademark notices from any copies of Content made under these Terms;
  4. Access the Services using any automated means, such as robots or scrapers, except for public search engines or with our prior written permission;
  5. Use data mining, robots, or similar automated data gathering or extraction tools for any purpose;
  6. Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless or frivolous submissions;
  7. Use the Services to view or listen to Content other than for personal, noncommercial use, or for educational use as authorized;
  8. Impersonate LUCA or any LUCA employee or contractor, or misrepresent your affiliation with LUCA; or
  9. Hack or attempt to hack, disrupt, or otherwise harm the Services or our systems.

You may not reproduce, copy, modify, create derivative works from, or make any of the Content available to third parties without LUCA’s prior written consent, except as expressly permitted by these Terms or by the Services.

Ownership of Services, Content, Collected Information, and Student Data

“Student Data” means any information in any format that is related to an identifiable current or former student and that is provided to LUCA by a school or district, or that LUCA collects on behalf of a school or district in connection with the Services. Student Data may include “education records” as defined by FERPA.

Schools and districts own and control Student Data and remain responsible for it. LUCA acts as a “school official” with a legitimate educational interest under FERPA and handles Student Data only as permitted by these Terms, the applicable Student Data Privacy Agreement, and applicable law. LUCA and each School User will enter into a Student Data Privacy Agreement or similar data privacy addendum that governs the collection, use, disclosure, security, and disposition of Student Data in compliance with FERPA and applicable state student data privacy laws. If there is any conflict between these Terms and such a Data Privacy Agreement with respect to Student Data, the Data Privacy Agreement will be controlled.

Except for Student Data, the Services, including any functionalities of the Services, the Content, the Collected Information, and all related rights are owned and controlled by LUCA and are protected by applicable intellectual property laws. Using the Services does not give you ownership of or rights to any part of the Services or Content. LUCA owns the account you use to access the Services and any rights to data stored on or by the Services on LUCA’s behalf, except with respect to any Student Data that LUCA stores for a School User.

LUCA has the right to manage, control, and remove Collected Information stored on or by the Services. However, LUCA will not intentionally delete Student Data to prevent the applicable school or district from meeting its obligations under FERPA or similar student data privacy laws, except as directed by the school or required by law. Student Data will be returned, transferred, deleted, or identified in accordance with the applicable Student Data Privacy Agreement and LUCA’s data retention and deletion practices described in the Privacy Policy.

You understand and agree that, except as otherwise required by law or by any applicable Student Data Privacy Agreement, any data, account history, and account content, including Collected Information other than Student Data, residing on LUCA’s servers may be deleted at any time and for any reason in LUCA’s discretion, with or without notice and with no liability of any kind. LUCA does not guarantee any value, cash or otherwise, attributed to any data residing on its servers. Schools must keep copies of original education records and should not rely on LUCA as the sole repository for Student Data.

Limited License

Subject to your strict compliance with these Terms, LUCA grants you a limited, non-exclusive, revocable, non-assignable, and non-transferable license to access, display, view, and use the Services and Content for your personal or educational use as permitted by these Terms. If you are a parent or legal guardian of a Child User, you may grant a free sub license to that Child User to access, display, view, and use the Services and Content under your account.

You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Content without LUCA’s express prior written permission.

Development and Changes to the Services

LUCA is constantly changing and improving the Services. We may modify or change all or part of the Services, including adding or removing features or discontinuing offerings. We may also alter or discontinue the Services, or any part of them, to make performance or security improvements, comply with laws and regulations, or prevent illegal activities or abuse of our systems.

Where feasible, we will provide reasonable notice of changes that materially and negatively impact your use of the Services, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

Termination

We may discontinue the Services or suspend or terminate your access to them, including any accounts or Collected Information, at any time, without notice, for any reason and without any obligation or liability to you or any third party, except as otherwise required by law or by any applicable Student Data Privacy Agreement with a School User. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or violates these Terms, we may suspend or terminate your account or deny you access to all or part of the Services.

Upon suspension or termination of your access to the Services, your license to use the Services will terminate immediately. For School Users, LUCA’s obligations with respect to Student Data after termination are described in the applicable Student Data Privacy Agreement and in the Privacy Policy.

Communications

By accessing or using the Services, you agree to receive occasional email or text notifications from LUCA regarding your account and your use of the Services. You may also receive marketing and promotional emails that provide additional resources and news about the Services. You may opt out of marketing communications at any time by following the unsubscribe instructions in the communication, but LUCA may still send transactional or administrative messages related to your account or the Services.

The Services may contain links to third-party websites and online services that are not owned or controlled by LUCA. LUCA has no control over and assumes no responsibility for such sites or services. When you leave the Services, you should review the terms of use and privacy policy of each third-party site or service that you visit.

Governing Law, Jurisdiction, Arbitration, and Class Action Waiver

All claims arising out of or relating to these Terms, or the Services will be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws of rules.

You and LUCA agree that any such claims will be brought exclusively in the state or federal courts located in Allegheny County, Pennsylvania, or in binding arbitration as described below, and you and LUCA consent to personal jurisdiction in those courts.

To the fullest extent permitted by law, you agree to resolve any disputes with LUCA on an individual basis. You waive the right to participate in any class, collective, consolidated, or representative action against LUCA. Neither you nor LUCA may bring a claim as a plaintiff or class member in any class, collective, consolidated, or representative proceeding.

Except where prohibited by applicable law or where you validly opt out as described in the arbitration agreement, any dispute or claim arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association in accordance with its applicable rules for consumer disputes. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration will be conducted in Allegheny County, Pennsylvania, unless you and LUCA agree otherwise. The arbitrator’s decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered into any court with jurisdiction.

Either party may bring an individual claim in a small claims court in Allegheny County, Pennsylvania, instead of arbitration, if the claim qualifies. This arbitration agreement does not prevent either party from seeking temporary or preliminary injunctive relief in court in appropriate circumstances.

If you are a School User and have entered into a separate written agreement with LUCA that includes different dispute resolution or governing law provisions, those provisions will control disputes arising out of that agreement.

Disclaimer of Representations and Warranties

Your access to and use of the Services is at your sole risk.

Other than as expressly stated in these Terms or as required by law, the Services are provided on an “as is,” “as available,” and “with all faults” basis. LUCA and our affiliates and their respective employees, officers, directors, members, managers, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “LUCA Parties”) do not make any specific commitments, representations, warranties, endorsements, or promises about the Services, including about the Content, features, or availability, or that any Collected Information will be accessible at any particular time.

Except as may be expressly provided in a separate written agreement between LUCA and a School User, the LUCA Parties disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration, and freedom from errors, viruses, or other harmful code.

We do not warrant or guarantee that any student will achieve any educational outcome or level of improvement through the Services.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will the LUCA Parties be responsible or liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your use of, or inability to use, the Services.

To the maximum extent permitted by applicable law, the LUCA Parties assume no liability or responsibility for:

  1. Errors, mistakes, or inaccuracies of Content;
  2. Personal injury or property damage resulting from your access to or use of the Services;
  3. Unauthorized access to or use of LUCA’s secure servers and any personal information stored on them;
  4. Interruption or cessation of transmission to or from the Services;
  5. Bugs, viruses, or harmful code transmitted to or through the Services by any third party; or
  6. Errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content.

To the maximum extent permitted by applicable law, the total aggregate liability of the LUCA Parties to any individual user 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 LUCA for use of the Services during the twelve months before the event giving rise to the claim, or (b) one hundred United States dollars (100 USD). If you have not paid any fees to LUCA during that period, your sole and exclusive remedy for any dispute with LUCA is to stop using the Services.

For School Users that have entered into a separate written agreement with LUCA, any limitations of liability set out in that agreement will control for claims arising under that agreement.

Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold harmless the LUCA Parties from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

  1. Your use of or access to the Services;
  2. Your violation of any of these Terms;
  3. Your violation of any third party right;
  4. Your violation of any applicable law;
  5. Any content submitted via your account; or
  6. Any other party’s access to and use of the Services using your account credentials.

If you are a School User, you also agree to indemnify LUCA for any claims arising from your provision of consent or sharing of data in violation of applicable law or of your own internal policies.

Operation of Services; International Issues

The Services are controlled and operated from facilities in the United States. LUCA makes no representations that the Services are appropriate or available for use in other locations. If you access or use the Services from other jurisdictions, you are responsible for compliance with all applicable local laws and regulations.

Severability; Assignment; No Waiver; Updates; Entire Agreement

If any provision of these Terms is held unenforceable by a court or arbitrator, the remaining provisions will remain in full force and effect. You may not transfer or assign these Terms, or any rights or licenses granted under them. LUCA may transfer or assign these Terms and any rights or licenses granted under them without restriction. If LUCA does not enforce any provision of these Terms, that will not be a waiver. LUCA may modify these Terms and will post updated Terms on its website. Your continued use of the Services after updated Terms are posted constitutes your acceptance of them. These Terms, together with the Privacy Policy and any separate written agreements between LUCA and a School User such as a Student Data Privacy Agreement or master services agreement, constitute the entire agreement between you and LUCA regarding the Services.