Effective Date: March 13, 2026
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you") and OneUp Studios LLC, a California limited liability company located at 455 Market St Ste 1940 PMB 736948, San Francisco, California 94105-2448, US ("Company," "we," "us," "our"), governing your access to and use of the EducateWare platform, website, and related services (collectively, the "Service").
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. If you are using the Service on behalf of a school, organization, or other entity, you represent that you have the authority to bind that entity to these Terms.
The Service is designed for use by school administrators, teachers, parents, and students. Children under 13 ("Children") may only use the Service through accounts created and managed by a parent, teacher, or school administrator. Children log in using a username and password only — no email address is collected from Children.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must provide accurate registration information and update it promptly if it changes. You agree to notify us immediately at support@educateware.com if you suspect unauthorized access to your account.
School administrators may manage teacher and student accounts associated with their school, including approving access, viewing activity data, revoking classroom codes, and terminating accounts. Teachers may manage student accounts within their classroom. Parents on the Home plan may manage their children's accounts.
EducateWare is an AI-powered, game-based learning platform. The Service includes:
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.
The Free plan provides limited access to the Service at no cost, including 2 free games and AI-generated questions. The Free plan is for non-commercial evaluation purposes. We reserve the right to modify Free plan features at any time.
Paid plans (Home, Pro, and School) provide enhanced features as described on our Pricing page. Paid plans are billed monthly on a recurring subscription basis. Features and pricing are subject to change; current subscribers will be notified of material changes in advance.
Each plan has specific limitations on the number of classroom codes, student seats, and features available. Exceeding plan limits may require an upgrade. The School plan is licensed per school, not per district.
All payments are processed securely through Square, Inc. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring monthly basis. You must provide accurate and current payment information.
Paid subscriptions automatically renew at the end of each billing period unless canceled before the renewal date. You will be charged the then-current subscription rate at renewal.
You may cancel your subscription at any time from your dashboard. Upon cancellation:
Subscription fees are generally non-refundable. However, if you are a consumer and applicable law provides a right of withdrawal, you may cancel within 14 days of your initial purchase for a full refund, provided you have not substantially used the Service during that period. To request a refund, contact support@educateware.com.
We may adjust subscription pricing. Price changes take effect at the start of your next billing period. We will provide at least 30 days' notice of price increases. Continued use after the effective date constitutes acceptance. If you disagree, you may cancel before the next renewal.
Listed prices may not include applicable sales tax, VAT, or other taxes, which will be calculated at checkout as required by law.
You retain ownership of all content you upload to the Service, including custom questions, uploaded documents (PDFs, images), and classroom materials ("User Content"). By uploading User Content, you grant us a limited, non-exclusive, worldwide license to process, store, and display your content solely for the purpose of providing the Service to you.
Questions generated by our AI features are provided for your educational use. AI-generated content may not always be accurate. You are responsible for reviewing AI-generated questions before using them with students. We make no warranties regarding the accuracy or completeness of AI-generated content.
You agree not to upload or create content that:
We reserve the right to remove any content that violates these Terms without prior notice.
Upon account termination, your User Content will be deleted in accordance with our Privacy Policy, except where retention is required by law.
You agree not to:
Violation of this section may result in immediate account suspension or termination.
The Service, including its software, design, text, graphics, logos, and all other content provided by us, is owned by OneUp Studios LLC and protected by United States and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.
"EducateWare," the EducateWare logo, and related marks are trademarks of OneUp Studios LLC. You may not use our trademarks without prior written consent.
The Service integrates with third-party services including Square (payments) and Anthropic (AI). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of any third-party service.
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. When we process personal data on behalf of a school or organization, we act as a data processor and will enter into a Data Processing Agreement upon request.
We comply with applicable student data privacy laws, including COPPA (Children's Online Privacy Protection Act) and FERPA (Family Educational Rights and Privacy Act).
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. AI-generated content is provided without warranty of accuracy. Educational content should be reviewed by qualified educators before classroom use.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONEUP STUDIOS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Nothing in these Terms excludes or limits liability for fraud, gross negligence, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.
You agree to indemnify, defend, and hold harmless OneUp Studios LLC, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any law or third-party rights.
These Terms remain in effect while you use the Service. We may suspend or terminate your account at any time if you violate these Terms, with or without notice. Upon termination:
You may terminate your account at any time by contacting support@educateware.com or through your dashboard settings.
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and, where possible, by email. The "Effective Date" at the top will be updated. Your continued use of the Service after changes become effective constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription.
These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles. Any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in San Francisco County, California. You consent to the jurisdiction of such courts and waive any objection to venue.
These Terms, together with our Privacy Policy and any plan-specific terms, constitute the entire agreement between you and OneUp Studios LLC regarding the Service.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
We may assign or transfer these Terms and our rights and obligations without restriction. You may not assign or transfer your rights under these Terms without our prior written consent.
If you have questions about these Terms, please contact us:
OneUp Studios LLC
455 Market St Ste 1940 PMB 736948
San Francisco, California 94105-2448, US
Email: support@educateware.com