Terms of Service | LearnSpark

Welcome to LearnSpark.io! These Terms of Service ("Terms") govern your access to and use of the LearnSpark.io website, platform, and services (collectively, the "Service"), operated by LearnSpark Inc. ("LearnSpark", "we", "us", or "our").

Summary of key points

Free accounts: your account is locked when your free access ends and permanently deleted (with all data) if no plan is chosen within 30 days. No charge ever occurs without you selecting a plan.
Subscribing: your card is charged at purchase, at the price shown at checkout. Every new subscription is covered by our 30-day money-back guarantee — see the Refund Policy.
See the Free Accounts and Billing section for full details, and Section 14 for affiliate / partner / API program terms.

1. Eligibility

By using our Service, you represent and warrant that:

You are at least 18 years old or have obtained parental/guardian consent
You have the legal authority to enter into these Terms
You agree to comply with all applicable laws and regulations

2. Use of the Service

You agree to use our Service only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the Service. Prohibited behavior includes:

Harassing or causing distress or inconvenience to any person
Transmitting obscene or offensive content
Disrupting the normal flow of dialogue within our Service
Attempting to gain unauthorized access to our systems

2A. Your Account and People You Invite

LearnSpark lets you invite other people — for example a co-parent, tutor, nanny, or caregiver — to work inside your account as collaborators.

Collaborators act under your account, and you are responsible for them. Anyone you invite uses the Service under your account and on your authority. You are responsible for their use of the Service, for what they upload or record through it, and for ensuring they comply with these Terms. A collaborator's actions are treated as your own for the purposes of this agreement.
You are responsible for who has access. You must remove a collaborator's access promptly when they should no longer have it, and you are responsible for what they do until you do so.
Consent for children and other participants. Where a collaborator records a lesson or uploads material involving your child or another person, you remain responsible for having obtained any consent required under section 7.
Separate accounts accept separately. Where a person holds their own LearnSpark account — including members of an organisation, agency sub-accounts, and LearnSpark for Teams members — that person contracts with us directly and must accept these Terms in their own right. This section applies only to collaborators working inside someone else's account.

Nothing in this section limits any mandatory statutory consumer rights you may have under the laws of your jurisdiction.

3. Educational Disclaimer

LearnSpark provides educational content and personalized learning recommendations. While we strive for accuracy, we:

Make no guarantee regarding the accuracy, completeness, or utility of educational content
Are not liable for any educational, academic, or learning outcomes
Recommend consulting with qualified educators for critical academic decisions
Are not responsible for whether your use of LearnSpark satisfies any homeschooling registration, reporting, or record-keeping requirement — see section 3A

3A. Curriculum Standards, Jurisdiction & Homeschooling Compliance

LearnSpark aligns lessons to publicly available curriculum frameworks. Which framework applies to your account depends on the country and, where relevant, the state, territory, or province you select.

Availability of state or territory standards varies. Some curriculum authorities do not license their materials for use by commercial platforms. Where that is the case, LearnSpark anchors your lessons to the relevant national framework from which those standards are derived, and tells you so within the product. We do not reproduce a curriculum authority's materials without a licence to do so.
You are solely responsible for meeting the homeschooling, registration, reporting, and record-keeping requirements that apply to you. LearnSpark is not a registration or accreditation authority, does not submit anything on your behalf, and does not warrant that use of the Service will satisfy any regulator, authorised person, reviewer, or education department.
Compliance features are a convenience, not advice. Reports, evidence records, and requirement summaries are provided to help you assemble your own records. They are not legal or regulatory advice, may not reflect the current requirements of your jurisdiction, and should be checked against the official requirements that apply to you.
No implied endorsement. We do not represent that LearnSpark is aligned to, endorsed by, approved by, or affiliated with any curriculum authority unless we state that explicitly for that specific framework.

Nothing in this section limits any mandatory statutory consumer rights you may have under the laws of your jurisdiction.

4. Intellectual Property

All content, features, and functionality of the Service (including but not limited to text, graphics, logos, images, and software) are the exclusive property of LearnSpark Inc. or its licensors. The Service is protected by copyright, trademark, and other laws.

5. User-Generated Content

Any content you submit, post, or display on the Service remains your property, but by submitting it, you grant LearnSpark a worldwide, non-exclusive, royalty-free license to use, copy, modify, and distribute it for Service delivery and improvement purposes.

5A. Curriculum Materials You Upload

The Service allows you to upload your own curriculum documents so that lessons and records can be built against them. This section applies to any such material.

You warrant that you have the right to upload it. By uploading curriculum material you confirm that you own it or hold the necessary licence or permission to upload it and to have it processed by the Service — including processing by automated and artificial-intelligence systems — for your own private educational use.
It stays private to your account. Curriculum material you upload is used only to deliver the Service to you. We do not publish it, share it with other users, or reuse it to serve other families.
Checking the licence terms is your responsibility. Some curriculum authorities restrict copying, electronic storage, or the use of their materials with generative-AI systems. You must check the terms attached to any material before you upload it. Where we are aware of such a restriction we will try to warn you in the product, but we do not and cannot verify the rights position of anything you upload.
Indemnity. To the fullest extent permitted by law, you agree to indemnify LearnSpark against claims, losses, and costs arising from material you upload in breach of a third party's rights or of the terms attached to that material.
Removal. We may remove uploaded material, or suspend the upload feature for an account, on notice of an alleged infringement or breach of an authority's terms.

Nothing in this section limits any mandatory statutory consumer rights you may have under the laws of your jurisdiction.

6. Free Accounts and Billing

LearnSpark accounts start free. The terms below describe free access and what happens when you subscribe. By ticking the "I agree to the Terms of Service" box at checkout (including in Stripe Checkout), you confirm you understand and accept the charge amount shown to you at checkout and the cancellation process described below.

6.1 Personal free accounts

No payment method is required and you will not be charged. When your free access ends, your account will be locked and you will not be able to use any LearnSpark features (including lesson generation, planning, student profiles, and uploaded materials) until you select a paid plan. If you do not select a paid plan within 30 days after your free access ends, your account and all associated data — including student profiles, lesson history, plans, and uploaded materials — will be permanently deleted. No automatic billing ever occurs under a free account; you will only be charged if you affirmatively select a paid plan and add a payment method.

6.2 Subscribing and billing

When you subscribe, you authorise LearnSpark to charge your payment method immediately, at purchase, at the price and billing interval shown at checkout (see our Pricing page for current rates). There is no card-on-file trial and no deferred first charge — your subscription starts, and your card is charged, on the day you subscribe. Every new subscription is covered by the First Five Lessons guarantee: a 30-day, no-questions-asked money-back guarantee on your first subscription payment; see Refund Policy §3.1 for how it works. You can cancel anytime in Settings → Billing.

6.3 Organization / agency billing

Organization / agency accounts are billed at the organization rate of $12 per active student per month, with a 10-student minimum, unless a different rate is agreed in writing for your organization. Billing details, thresholds, and any evaluation period for your organization are disclosed during organization onboarding. You can cancel anytime in Settings → Billing. Refund eligibility for organizations is described in our Refund & Cancellation Policy.

6.4 Partner / Developer API trials

Approved developers and partners may receive a scoped sandbox API key for evaluation. Sandbox keys are rate-limited and intended for testing only. Conversion to a paid API plan requires explicit upgrade through your developer account; sandbox trials do not auto-convert. API keys are revoked immediately on cancellation or termination. See /programs/developers for program details.

6.5 Renewal and cancellation (all paid plans)

Your subscription renews automatically at the same interval and price until you cancel. You can cancel at any time from Settings → Billing; cancellation is self-service (no need to contact support), takes effect at the end of the current billing period, and partial periods are not prorated. You will not be charged again after cancellation. Refund eligibility is described in our Refund & Cancellation Policy.

6.6 Currency and changes to pricing or features

All prices displayed on the Pricing page and elsewhere on the LearnSpark website are in U.S. Dollars (USD). We reserve the right to modify plan features, credit allocations, included usage limits, or pricing terms at any time. Any such changes will be communicated through our website or by email to registered users in advance of the next renewal. Continued use of LearnSpark following any such change constitutes acceptance of the updated terms; if you do not agree, you may cancel your subscription before the change takes effect as described in §6.5.

7. Lesson Recording & Participant Consent (Spark Insights)

LearnSpark includes an optional in-product feature called Spark Insights that allows the account holder to record a lesson so LearnSpark can generate educational feedback, mastery observations, and personalized next steps. Recording is always initiated by you; LearnSpark never records without you affirmatively starting a recording.

By starting a lesson recording, you represent and warrant that:

You have informed all participants in the lesson (including children, co-parents, tutors, and any other adults present) that the session will be audio-recorded and analyzed for educational feedback.
You have obtained any consent required under the laws of your jurisdiction, including in "all-party" or "two-party" consent regions where every participant to a recorded conversation must consent.
Where minors are present, you are their parent or legal guardian, or you have the parent's or legal guardian's authorization to record the session on their behalf.
You will use Spark Insights only for the educational purpose of the Service, and not to record individuals who have not been informed, to capture unrelated conversations, or to circumvent applicable recording, wiretap, or privacy laws.

How LearnSpark handles the resulting audio, transcript, and derived analysis notes — including the retention and deletion rules (the original audio is deleted immediately after it is transcribed, and the transcript is deleted once learning insights have been extracted, within 72 hours; only the derived insight notes are retained) — is described in Section 3.5 of our Privacy Policy.

You are solely responsible for the legality of any recording you initiate. To the fullest extent permitted by law, LearnSpark is not liable for your failure to obtain any required participant consent, or for any claim arising out of a recording you chose to start. LearnSpark may suspend or terminate access to Spark Insights or your account for misuse of this feature in violation of these Terms or our Acceptable Use Policy.

7A. Setup & Walkthrough Call Recordings

Setup calls, live walkthroughs, and consultation calls with LearnSpark are hosted on Zoom and are recorded. Zoom's on-screen indicator (and, where enabled, its audible announcement) provides notice of the recording to all participants at the start of the call.

By booking a call and checking the required consent box on the booking form, you (a) acknowledge and consent to the recording of the call, and (b) grant LearnSpark a perpetual, worldwide, royalty-free, sublicensable license to reproduce, edit, excerpt, publish, and distribute portions of the recording (including audio, video, transcript, and still frames), together with your first name and general location, in testimonials, case studies, social media, advertising, and other marketing or promotional materials, in any media now known or later developed. LearnSpark does not sell your recording to third parties.

LearnSpark does not include children in setup calls, and no minor's voice or likeness is captured or used in marketing under this section. You may withdraw consent to future marketing use at any time by emailing [email protected]; on receipt, LearnSpark will stop using excerpts from your call in new marketing and take reasonable steps to remove already-published clips from channels it controls, but cannot recall content already downloaded or re-shared by third parties. Additional detail is set out in Section 3.6 of our Privacy Policy.

8. Data Retention and Deletion

Data Retention:

We retain your personal data and account information indefinitely while your account is active, to maintain your learning history, progress records, and account functionality.

Account Deletion and Data Deletion:

You may request deletion of your account at any time by contacting [email protected]
Upon receipt of a valid deletion request, we will delete or anonymize your personal data within 30 days
Some data may be retained longer if required by law or for legitimate business purposes
Anonymized data may be retained for analytics and service improvement

Data Processing Agreements:

We have Data Processing Agreements (DPAs) with all third-party processors. These agreements are available upon request and define the terms under which your data is processed.

9. Termination

LearnSpark may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

If LearnSpark terminates your account for a reason other than a breach of these Terms by you, you will receive a pro-rata refund for any unused portion of a pre-paid subscription period, in accordance with our Refund & Cancellation Policy.

If your account is terminated due to your breach of these Terms, no refund is payable except where required by applicable law (see Section 8 of our Refund & Cancellation Policy for statutory consumer rights by jurisdiction).

10. Limitation of Liability

To the fullest extent permitted by law, LearnSpark shall not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this Service for any indirect, special, or consequential loss, or for any business losses, loss of revenue, income, profits, or anticipated savings.

11. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Wyoming, United States, and you irrevocably submit to the exclusive jurisdiction of the courts located in that state. This choice of law does not limit any mandatory statutory consumer rights you may have under the laws of your jurisdiction.

12. Contact Us

If you have any questions about these Terms of Service, please contact us at: [email protected]

13. Related Policies (Incorporation by Reference)

By agreeing to these Terms of Service, you also agree to be bound by the following policies, which are incorporated into these Terms by reference:

Acceptable Use Policy — Rules governing your conduct when using our platform
Refund & Cancellation Policy — How we handle subscription cancellations, refunds, and statutory consumer rights
Cookie Policy — How we use cookies and similar technologies
Educational & AI Content Disclaimer — Limitations of AI-generated educational content and your responsibilities as an educator

Our Privacy Policy and Disclaimer are separate agreements that also govern your use of the Service and should be reviewed independently.

14. Affiliate, Partner & Developer / API Terms

If you participate in any of the programs below, the following terms apply in addition to the rest of these Terms. The marketing pages linked here describe program mechanics; the binding legal terms are stated in this section.

13.1 Affiliate / Referral Program

Standard commission is 30% of qualifying paid subscription revenue, paid on the schedule published on the program page.
Prohibited promotion methods include: spam, unsolicited bulk email, brand or trademark bidding on paid search, incentivised signups, misleading claims, and any method that violates our Acceptable Use Policy.
Self-referrals, fraudulent referrals, and chargebacks are not eligible for commission and may result in clawback.
We may suspend or terminate affiliate accounts at any time for fraud, policy violations, or brand-safety reasons. Unpaid commissions associated with violating activity are forfeited.
Program details: /programs/affiliate.

13.2 Preferred Partner Program

Approved Preferred Partners receive a 40% commission rate and additional co-marketing benefits, subject to vetting and a signed partner addendum where required.
All Affiliate Program rules in 13.1 apply, except where superseded by the partner addendum.
Program details: /programs/affiliate.

13.3 Developer / API Program

API keys are issued to a single developer or organization and are non-transferable. You are responsible for keeping keys confidential and for all activity under your keys.
Rate limits and scopes (sandbox vs. production) are enforced; circumventing or attempting to circumvent limits is grounds for immediate revocation.
You may not resell, redistribute, or expose raw model output from third-party AI providers as a standalone product, scrape the API to train competing models, or use the API in ways that violate the underlying providers' terms.
End users of any application built on the API must be presented with these Terms, the Privacy Policy, and the Acceptable Use Policy.
We may suspend or revoke API access at any time for security, abuse, or policy reasons. Program details: /programs/developers.

15. Free Resources & Downloadable Guides

LearnSpark provides free downloadable guides, templates, and educational resources ("Free Resources"). These are provided for general informational and educational purposes only and do not constitute legal, educational, or professional advice.

While we strive to provide accurate and up-to-date information, LearnSpark makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or suitability of the information in our Free Resources.

State-specific information (including homeschool requirements, legal obligations, and assessment rules) is a simplified summary and may not reflect the most current laws. It is your responsibility to verify current requirements with your state's department of education, local school district, or a qualified legal professional.

Educational suggestions, lesson plans, schedules, and teaching recommendations are general guidance. Every child is unique, and educational approaches should be adapted to individual needs.

Third-party product comparisons reflect our honest assessment based on publicly available information at time of publication. Features, pricing, and capabilities may change. LearnSpark is not affiliated with, endorsed by, or connected to any third-party products mentioned.

In no event shall LearnSpark, its founders, employees, or affiliates be liable for any loss or damage arising from the use of our Free Resources.

16. Email Communications

By providing your email address through any form on this site (including lead magnet downloads, newsletter signups, or contact forms), you consent to receive email communications from LearnSpark including the requested resource, related educational content, product updates, and promotional offers.

You may unsubscribe at any time using the link in any email. We will process your unsubscribe request within 48 hours.

17. Consent

By downloading any Free Resource or submitting any form on this site, you acknowledge that you have read and agree to these Terms of Service and our Privacy Policy.