Terms of Use

Terms of Use

These Terms of Use (“Terms”) are a binding agreement between you and bMotion Technologies Corp, a Delaware corporation doing business as Poppins Learning (“Poppins,” “we,” “us”), and govern your access to and use of the Poppins reading and literacy application and related websites, software, and services (collectively, the “Services”). Please read them carefully. By accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

How These Terms Apply: Schools and Families

Poppins is offered to two kinds of users, and which parts of these Terms apply depends on who you are.

Schools. If you are a school, school district, or other educational institution (a “School”), or a teacher, administrator, or other person acting for a School (“School Personnel”), the section “School Use” applies to you, together with any separate written agreement between the School and Poppins, including a services agreement, a data processing or student data privacy agreement (a “DPA”), or a state-mandated data agreement. Where any such agreement conflicts with these Terms as to student data or the school relationship, that agreement controls. Schools are not bound by the arbitration provision, the class-action waiver, or the individual-user liability limitation in these Terms.

Families and individuals. If you are a parent or legal guardian (“Parent”) using the Services outside of a School, or another individual user, the full consumer terms below apply to you, including “Dispute Resolution.”

Students. A student who uses the Services through a School does so under the School’s authorization, and the student’s information is governed by the School’s agreement with us and our Privacy Policy. A child who uses the Services in the Family path does so under a Parent’s consent and supervision.

Eligibility and Accounts

Who may register

Account holders who register for the Services, including Parents, teachers, and School Personnel, must be at least 18 years old and able to form a binding contract. A child may use the Services only (a) through a School that has authorized the child’s use, or (b) under the consent and supervision of a Parent who has provided any verifiable parental consent required by law. The Services are designed for children approximately 6 to 14 years old and are not intended for independent registration by children.

Account responsibility

You are responsible for the accuracy of the information you provide, for keeping your credentials confidential, and for activity under your account. Notify us promptly at legal@poppins.io if you believe your account has been compromised. We may suspend or terminate accounts as described in “Term and Termination,” subject to applicable law and any School agreement.

School Use

Authority and responsibility

If you are School Personnel registering or enabling student accounts, you represent that you are authorized to act for the School and to accept these Terms and any applicable agreement on the School’s behalf. The School is responsible for determining that its use of the Services complies with applicable law and School policy, and for providing any notices to, and obtaining any consents from, Parents required under the Family Educational Rights and Privacy Act (“FERPA”), the Children’s Online Privacy Protection Act (“COPPA”), and applicable state student-data-privacy laws, including where the School authorizes collection of student information under the COPPA school-consent mechanism.

Poppins’s role

In providing the Services to a School, Poppins acts on the School’s behalf as a “school official” with a legitimate educational interest under FERPA. Poppins uses student information only to provide the Services and as permitted by the School’s agreement and our Privacy Policy, and does not sell student data or use it for targeted advertising.

Precedence of School agreements

Where a School has signed a DPA, a services agreement, or a state-mandated data agreement with Poppins, that agreement governs the parties’ rights and obligations regarding student data and the school relationship, and controls over any conflicting term in these Terms. If a Parent withdraws consent or the School directs discontinuation of a student’s access, the School will notify Poppins, and Poppins will discontinue that student’s access and handle the student’s information as the agreement and our Privacy Policy provide.

Acceptable Use

You agree not to, and not to permit any user to: (i) use the Services for any unlawful purpose or in violation of these Terms or applicable law; (ii) use the Services other than for their intended educational purpose, or for any commercial purpose not expressly permitted by us in writing; (iii) upload or transmit content that is unlawful, harmful, harassing, or that a reasonable person would find objectionable, or that is harmful to minors; (iv) introduce malware or attempt to gain unauthorized access to, disrupt, or interfere with the Services or related systems; (v) scrape or copy the Services or their content, or use the Services or any output to develop, train, or improve any machine-learning or artificial-intelligence model; or (v) reverse engineer, resell, or otherwise exploit the Services except as permitted by law.

Content and Intellectual Property

Poppins content and license to you

The Services and their content, features, and functionality are owned by Poppins or its licensors and are protected by intellectual-property laws. Subject to these Terms and any School agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended educational and personal, non-commercial purpose. Where the Services make available educational videos, exercises, or other materials owned by Poppins or its licensors, that content is licensed to you on the same limited basis and may not be downloaded, distributed, or modified except as the Services expressly permit.

User content

As between you and Poppins, you retain the rights you have in any content you or your users submit through the Services (“User Content”), including student voice recordings and work product. You grant Poppins a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and use User Content solely to provide, secure, and improve the Services, consistent with our Privacy Policy and applicable law. This license does not extend to using identifiable student information for advertising or to train artificial-intelligence models except to provide the Services. With respect to School accounts, and to the extent User Content constitutes an education record, the School (or the Parent or student, as applicable) retains all ownership rights, and Poppins’s use is governed by the School’s agreement.

Feedback

If you send us suggestions or feedback about the Services, you grant us a royalty-free, worldwide license to use it to improve the Services, without obligation to you. We will honor any limits we agree to when we collect feedback.

Our use of student data for AI

Poppins does not use identifiable student information to train, fine-tune, or develop artificial-intelligence or machine-learning models except to provide the Services. Any use of de-identified data is governed by our Privacy Policy and any applicable School agreement.

Evaluation Services, Pilots, and Beta

We may offer pilot programs, pre-release features, or beta versions of the Services (“Evaluation Services”). Evaluation Services are provided for the stated evaluation period and, except as required by law or a written pilot or School agreement, are provided without warranties and may be changed, suspended, or discontinued. Where a School participates in a pilot, the terms of the applicable pilot or School agreement govern.

Copyright Complaints (DMCA)

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe content on the Services infringes your copyright, send a notice with the information required by the DMCA to our designated agent at legal@poppins.io, or by mail to Poppins Learning, 185 Alewife Brook Parkway, Cambridge, Massachusetts 02138. We may remove infringing content and terminate access for repeat infringers in appropriate circumstances.

Third-Party Services and Apple

The Services may link to or interoperate with third-party services, including a School’s single-sign-on or rostering provider. We are not responsible for third-party services, and your use of them is at your own risk and subject to their terms.

Apple devices. If you access the Services through an application on an Apple device, you acknowledge that these Terms are between you and Poppins, not Apple, and that Apple is not responsible for the Services. Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you. You represent that you are not located in an embargoed country or on a U.S. government restricted-party list, and you agree to comply with applicable third-party terms, including the App Store terms.

Health Disclaimer

The Services are designed to support children, including children with dyslexia and related learning differences, through educational tools. Results vary by child. The Services are an educational aid and are not a medical device or a substitute for professional medical, psychological, or educational evaluation or treatment. Poppins is not a healthcare provider, and nothing in the Services is medical advice. Parents and educators should consult a qualified professional with questions about a child’s care or learning needs.

Disclaimers

Except as expressly stated in a written agreement with a School and to the maximum extent permitted by law, the Services are provided “as is” and “as available,” and Poppins disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and does not warrant that the Services will be uninterrupted, error-free, or secure. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.

Limitation of Liability

Schools. For Schools, the limitation of liability, if any, is set out in the School’s services or data agreement with Poppins, and the individual-user limitation below does not apply.

Individual and family users. To the maximum extent permitted by law, Poppins will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost data or lost profits, arising out of or relating to the Services or these Terms. Except for liability that cannot be limited under applicable law, Poppins’s total liability to an individual or family user for all claims arising out of or relating to the Services or these Terms will not exceed the greater of the amounts you paid Poppins for the Services in the twelve (12) months before the event giving rise to the claim, or one hundred dollars ($100.00). Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

Indemnification

If you are an individual or family user, you agree to indemnify and hold Poppins harmless from third-party claims and reasonable costs arising out of your misuse of the Services, your violation of these Terms or applicable law, or your infringement of a third party’s rights, and, if you are a Parent, arising out of your child’s use of the Services under your account. This section does not apply to Schools and a School’s responsibilities, if any, are addressed in its agreement with Poppins. We will notify you of a claim subject to indemnification and may participate in the defense with counsel of our choice.

Term and Termination

These Terms apply while you use the Services. You may stop using the Services at any time and, in the Family path, delete your account. We may suspend or terminate access to the Services if you materially violate these Terms or as needed to protect the Services or comply with law, subject to applicable law and any School agreement. For Schools, termination of the Services is governed by the School’s agreement. Provisions that by their nature should survive termination will survive, including “Content and Intellectual Property” (as to feedback and licenses granted), “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “Dispute Resolution.”

Dispute Resolution

This section applies to individual and family users, not to Schools. It affects your legal rights. Please read it carefully.

Informal resolution

Before starting an arbitration, you and Poppins agree to try to resolve any dispute informally by sending a written notice describing the dispute to legal@poppins.io (for Poppins) or to the address you have on file (for you), and by negotiating in good faith for sixty (60) days.

Binding arbitration; class-action waiver

If the dispute is not resolved, it will be settled by binding arbitration administered by JAMS or the American Arbitration Association under its consumer rules, before a single arbitrator, seated in the state where you reside or another mutually agreed location. You and Poppins waive any right to a jury trial and agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding. The Federal Arbitration Act governs the interpretation and enforcement of this section. If the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court, and the rest of this section still applies.

Exceptions

Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual-property or data-security rights. Nothing here waives any right that cannot be waived under applicable law, including rights of a minor to the extent applicable law limits arbitration.

Thirty-day opt-out

You may opt out of this arbitration and class-action-waiver section by emailing legal@poppins.io within thirty (30) days after you first accept these Terms, stating your name and that you opt out of arbitration. Opting out will not affect any other part of these Terms.

Governing Law

For individual and family users, these Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs the “Dispute Resolution” section; and, subject to that section, the state and federal courts located in Massachusetts have jurisdiction over disputes not subject to arbitration. For Schools, governing law and venue are as set out in the School’s agreement with Poppins or, absent such an agreement, the law of the state in which the School is located.

Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a new “Last Updated” date and, where required by law or a School agreement, provide notice before a material change takes effect. Your continued use of the Services after an update takes effect means you accept the updated Terms. For Schools, changes affecting a signed agreement will be handled as that agreement provides.

General

These Terms, together with our Privacy Policy and any applicable School or pilot agreement, are the entire agreement between you and Poppins regarding the Services and supersede prior understandings on that subject. If any provision is unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our consent. Our failure to enforce a provision is not a waiver. Notices to Poppins should be sent to legal@poppins.io, with a copy to Poppins Learning, 185 Alewife Brook Parkway, Cambridge, Massachusetts 02138.

Contact Us

Questions about these Terms may be sent to legal@poppins.io. Privacy questions may be sent to privacy@poppins.io.