Terms of Service

Last Updated: December 1, 2025

Welcome to Curious Kelly. These Terms of Service ("Terms") govern your access to and use of our educational platform. By creating an account or using our service, you agree to these Terms.

1. Acceptance of Terms

By accessing or using Curious Kelly, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws. If you do not agree, do not use our service.

We may modify these Terms at any time. Material changes will be announced via email and in-app notification. Continued use after changes constitutes acceptance.

2. Eligibility and Account Creation

2.1 Age Requirements

• Ages 13+: You may create your own account
• Ages 2-12: A parent or legal guardian must create and manage the account
• Parents: You are responsible for your child's use of the service

2.2 Account Responsibilities

You agree to:

• Provide accurate, current information
• Maintain the security of your password
• Notify us immediately of unauthorized access
• Accept responsibility for all activity under your account

You may not share your account, create multiple accounts to abuse promotions, or use automated tools to access the service.

3. Subscription and Payment Terms

3.1 Subscription Plans

Curious Kelly offers:

• Annual Plan: $199/year (billed annually)
• Gift Plans: Prepaid annual access for others
• Enterprise Plans: Custom pricing for organizations

3.2 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless canceled. You will be charged using your payment method on file. We will notify you before renewal.

3.3 Price Changes

We may change subscription prices with 30 days' notice. Price changes do not affect your current billing period. If you do not accept the new price, you may cancel before renewal.

3.4 Payment Processing

Payments are processed securely by Stripe. We do not store full credit card numbers. You authorize us to charge your payment method for all fees.

3.5 Refund Policy

• 7-Day Money-Back Guarantee: Full refund if you cancel within 7 days of initial purchase
• After 7 Days: No refunds for unused time (you may cancel to prevent future charges)
• Gift Subscriptions: Refundable only if unredeemed
• Technical Issues: We may issue prorated refunds for service outages at our discretion

3.6 Cancellation

You may cancel your subscription anytime in account settings. Cancellation takes effect at the end of your current billing period. You retain access until then.

4. Acceptable Use Policy

4.1 Permitted Use

You may use Curious Kelly for:

• Personal educational purposes
• Homeschooling or supplemental learning
• Family use (within your household)

4.2 Prohibited Conduct

You may NOT:

• Share your account credentials with others outside your household
• Resell, redistribute, or publicly display our content
• Use automated tools (bots, scrapers) to access the service
• Reverse engineer, decompile, or extract source code
• Remove watermarks, copyright notices, or attribution
• Use the service for commercial training or competing products
• Upload malicious code, viruses, or harmful content
• Harass, abuse, or impersonate others
• Violate any applicable laws or regulations

4.3 Enforcement

Violation of these Terms may result in account suspension or termination without refund. We reserve the right to investigate and take appropriate legal action.

5. Intellectual Property Rights

5.1 Our Content

Curious Kelly owns all rights to:

• The Kelly character, name, likeness, and voice
• All lesson content, scripts, and curriculum
• Software, code, and platform technology
• Graphics, animations, and visual assets
• Trademarks, logos, and branding

Your subscription grants you a limited, non-exclusive, non-transferable license to access and use Curious Kelly for personal educational purposes only.

5.2 Your Data

You retain ownership of your learning data (progress, quiz answers, notes). We may use anonymized, aggregated data to improve the service. See our Privacy Policy.

5.3 Feedback

If you provide suggestions, ideas, or feedback, you grant us a perpetual, worldwide, royalty-free license to use them without compensation or attribution.

6. Third-Party Services

Curious Kelly integrates with third-party services (OpenAI, ElevenLabs, Unity, Stripe, etc.). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for third-party conduct or policies.

7. Service Availability and Changes

7.1 Uptime

We strive for 99.9% uptime but do not guarantee uninterrupted service. Maintenance, updates, and technical issues may cause temporary outages.

7.2 Content Changes

We may add, modify, or remove lessons and features at any time. We aim to improve the service but make no guarantees about specific content availability.

7.3 Service Discontinuation

We reserve the right to discontinue Curious Kelly with 90 days' notice. In such case, you will receive a prorated refund for unused time.

8. Disclaimers and Limitation of Liability

8.1 Educational Disclaimer

Curious Kelly is a supplemental educational tool. It does not replace formal schooling, professional tutoring, or medical/therapeutic services. Content is for general knowledge and may contain errors.

8.2 "As-Is" Service

Curious Kelly is provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.3 Limitation of Liability

To the maximum extent permitted by law, Curious Kelly PBC and its affiliates are not liable for:

• Indirect, incidental, or consequential damages
• Loss of data, profits, or learning progress
• Service interruptions or technical errors
• Third-party conduct or content

Our total liability to you for any claims shall not exceed the amount you paid us in the 12 months preceding the claim.

8.4 Jurisdictional Variations

Some jurisdictions do not allow limitation of implied warranties or liability. In such cases, the above limitations may not apply to you.

9. Indemnification

You agree to indemnify and hold harmless Curious Kelly PBC, its officers, employees, and affiliates from any claims, damages, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your misuse of the service
• Your violation of any third-party rights

10. Dispute Resolution

10.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@curiouskelly.com to attempt informal resolution. We commit to responding within 7 business days.

10.2 Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration under the rules of the American Arbitration Association (AAA), rather than in court. Arbitration will be conducted in California.

10.3 Class Action Waiver

You agree to resolve disputes individually, not as part of a class action, consolidated action, or representative action.

10.4 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or urgent safety concerns.

11. Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles. Any court proceedings (if not arbitrated) shall be in California.

12. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. The unenforceable provision will be modified to the minimum extent necessary.

13. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and Curious Kelly PBC.

14. Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations to any successor entity (e.g., in a merger or acquisition).

15. Contact Information

Questions about these Terms?

Email: legal@curiouskelly.com
Mail: Curious Kelly PBC, Legal Department, [Address TBD]
Support: support@curiouskelly.com

16. Survival

Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, dispute resolution) remain in effect after these Terms end.