Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FolioKid ("FolioKid," "we," "us," or "our") governing your access to and use of the FolioKid website, mobile applications, and related services (collectively, the "Service").

By registering for an account, accessing, or using the Service, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction), that you have the authority to enter into these Terms, and that you agree to be bound by them.

2. Description of Service

FolioKid is a homeschool portfolio management tool that allows parents and guardians to:

• Create digital portfolios documenting student academic work.
• Upload and organize photos of completed assignments and projects.
• Tag work by subject area and log learning time.
• Generate PDF portfolio documents for use with evaluators or record-keeping.

FolioKid is an organizational tool only. We make no representations, warranties, or guarantees that use of FolioKid satisfies any state's homeschooling documentation, reporting, or legal requirements. You are solely responsible for understanding and complying with the homeschooling laws in your jurisdiction. When in doubt, consult a qualified homeschool legal organization such as HSLDA.

3. Account Registration

To use the Service, you must create an account with a valid email address and password. You agree to:

• Provide accurate, current, and complete registration information.
• Maintain the security of your password and not share it with others.
• Promptly notify us of any unauthorized access to your account.
• Take responsibility for all activity that occurs under your account.

We reserve the right to terminate accounts that contain false or misleading information.

4. Acceptable Use

You agree to use FolioKid only for lawful purposes and in accordance with these Terms. You agree not to:

• Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Upload content that infringes the intellectual property, privacy, or other rights of any person.
• Use the Service to store or distribute content related to child exploitation or abuse. Any such content will be immediately removed and reported to law enforcement.
• Attempt to gain unauthorized access to other accounts or to our infrastructure.
• Use automated scripts, bots, or scrapers to access the Service.
• Interfere with or disrupt the integrity or performance of the Service.
• Resell or sublicense access to the Service without our written permission.

5. Your Content

You own your content. The photos, notes, student profiles, and other materials you upload to FolioKid ("User Content") remain your property. You grant FolioKid a limited, non-exclusive, royalty-free license to store, display, and process your User Content solely to provide the Service to you.

We do not use your User Content to train artificial intelligence models, for advertising, or for any purpose other than operating the Service.

You are solely responsible for your User Content and represent that you have all necessary rights to upload it. Photos of children's work should document academic activity only; photos that are inappropriate or that violate any law are strictly prohibited.

6. Subscription Plans and Billing

FolioKid may offer a free tier and one or more paid subscription plans ("Premium"). Details of what is included in each plan are described on the pricing page.

• Free plan: Access to core features as described at the time of sign-up, subject to change with notice.
• Premium plan: Billed monthly or annually as selected. Payment is processed by Stripe (web) or via in-app purchase through Apple App Store / Google Play Store (mobile).
• Cancellation: You may cancel your subscription at any time. Your access to Premium features continues until the end of the current billing period. We do not provide prorated refunds for partial periods, except as required by law.
• Price changes: We will give you at least 30 days' notice before changing subscription prices. Continuing to use the Service after the price change takes effect constitutes your acceptance of the new price.

All fees are stated in US dollars and are exclusive of any applicable taxes, which you are responsible for.

7. Intellectual Property

The FolioKid name, logo, website design, app interface, and all underlying technology are the intellectual property of FolioKid and are protected by copyright, trademark, and other applicable laws. Nothing in these Terms grants you a right to use our trademarks, logos, or other brand elements.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully to understand our data practices.

9. Third-Party Services

The Service uses third-party services including Supabase (database and file storage), Stripe / RevenueCat (payments), and Apple / Google (mobile in-app purchases). Your use of these services is governed by their respective terms and privacy policies. We are not responsible for third-party services.

10. Disclaimers

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, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY SPECIFIC RESULTS WILL BE OBTAINED FROM USE OF THE SERVICE.

We are not responsible for the accuracy or completeness of any information in the Service, including any generated PDF documents.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOLIOKID BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE CLAIM OR (B) $50 USD.

12. Indemnification

You agree to indemnify, defend, and hold harmless FolioKid and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

13. Termination

We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or if required by law. Upon termination, your right to use the Service ceases immediately. You may delete your account at any time by contacting us at admin@foliokid.com.

Sections 5, 7, 10, 11, 12, and 14 of these Terms survive termination.

14. Governing Law and Disputes

These Terms are governed by the laws of the United States and the State of Delaware, without regard to its conflict-of-law principles. Any dispute arising from these Terms or the Service that cannot be resolved informally shall be submitted to binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property violations.

Class action waiver: You agree to resolve disputes with us individually and waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Changes to These Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email or in-app notice at least 14 days before they take effect. Continued use of the Service after the effective date of revised Terms constitutes your acceptance.

16. Contact

Questions about these Terms? Contact us at:

• Email: admin@foliokid.com
• Website: foliokid.com