Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Enlightapp, Inc. ("Enlightapp," "we," "our," or "us") governing your access to and use of the Guess2KnowU platform, website, applications, and related services (collectively, the "Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you are accessing or using the Service on behalf of a school, school district, or other educational institution ("School"), you represent and warrant that you are authorized to accept these Terms on behalf of the School, and all references to "you" herein shall include the School.
If you do not agree to these Terms, you may not access or use the Service.
Description of Service
Guess2KnowU is a classroom engagement tool that enables educators to facilitate interactive game-based experiences designed to build belonging, connection, and understanding among students. The Service allows educators to create and run game rounds using prompts, and enables students to participate anonymously by submitting responses and guesses.
The Service is provided free of charge to educators and students for educational use. Enlightapp reserves the right to introduce paid features or plans in the future, with reasonable notice to existing Users.
Eligibility
The Service is intended for use by educators, school administrators, and students in educational settings. By using the Service, you represent that:
- If you are an educator or administrator, you are at least 18 years of age and are authorized by your School to use the Service in your professional capacity.
- If you are a student, you are using the Service at the direction of your educator and with the authorization of your School.
- Students under the age of 13 may only use the Service under the supervision of an educator and with the consent of the School, consistent with the requirements of the Children's Online Privacy Protection Act ("COPPA").
User Accounts
Educators may create accounts to access certain features of the Service. Students are not required to create accounts to participate in game rounds. If you create an account, you agree to:
- Provide accurate, current, and complete information during registration
- Maintain the security and confidentiality of your account credentials
- Promptly notify us of any unauthorized access to or use of your account
- Accept responsibility for all activities that occur under your account
We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security risk.
Acceptable Use
You agree to use the Service only for lawful, educational purposes and in accordance with these Terms. You agree not to:
- Use the Service for any purpose that is unlawful, harmful, or prohibited by these Terms
- Submit, upload, or transmit any content that is abusive, threatening, obscene, defamatory, or otherwise objectionable or inappropriate for an educational setting
- Use the Service to collect, store, or transmit personally identifiable student information except as necessary for authorized educational purposes and in compliance with applicable law
- Attempt to gain unauthorized access to any portion of the Service, other Users' accounts, or any systems or networks connected to the Service
- Interfere with, disrupt, or attempt to compromise the integrity, security, or performance of the Service
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or structure of the Service
- Use the Service to send unsolicited communications, spam, or promotional material
- Use any automated means (including bots, scrapers, or crawlers) to access or interact with the Service
- Sublicense, resell, or redistribute the Service or any portion thereof without our prior written consent
User-Generated Content
Educator Content: Educators may create custom prompts, game configurations, and other content within the Service ("Educator Content"). You retain all ownership rights in your Educator Content. By submitting Educator Content, you grant Enlightapp a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute such content solely as necessary to operate, provide, and improve the Service.
Student Responses: Student game responses are collected and processed solely for the purpose of generating class-level game results and insights. Student responses are anonymous by default and are not published or shared outside of the game context.
You represent and warrant that any content you submit does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
Intellectual Property
The Service, including its design, code, graphics, logos, trademarks, user interface, features, and all related documentation and content (excluding User-Generated Content), is the proprietary property of Enlightapp, Inc. and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Subject to your compliance with these Terms, Enlightapp grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended educational purposes. This license does not include the right to:
- Copy, modify, or create derivative works of the Service
- Remove, alter, or obscure any copyright, trademark, or proprietary notices
- Use our trademarks, logos, or brand elements without prior written permission
Student Data and Privacy
We take the privacy and security of student data seriously. Our collection, use, and disclosure of Personal Student Information is governed by our Privacy Policy, applicable provisions of the Family Educational Rights and Privacy Act ("FERPA"), the Children's Online Privacy Protection Act ("COPPA"), the Student Online Personal Information Protection Act ("SOPIPA"), and other applicable federal and state laws.
Where we process student education records on behalf of a School, we do so as a "school official" with a legitimate educational interest under FERPA. We use such records solely for the purposes authorized by the School and in accordance with our agreement with the School.
Third-Party Links and Services
The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Enlightapp. We do not endorse and are not responsible for the content, privacy policies, or practices of any third-party websites or services. You access third-party resources at your own risk and subject to the terms and conditions of those third parties.
Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENLIGHTAPP DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ENLIGHTAPP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ENLIGHTAPP OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENLIGHTAPP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ENLIGHTAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENLIGHTAPP'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED ONE HUNDRED DOLLARS (USD $100).
Indemnification
You agree to indemnify, defend, and hold harmless Enlightapp, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any content you submit to or through the Service.
Modifications to the Service
Enlightapp reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will make commercially reasonable efforts to provide advance notice of material changes. Enlightapp shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
Modifications to These Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by posting the updated Terms on our website with a revised effective date and, where appropriate, by notifying you via email or through the Service. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Terms.
Termination
We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice, if we reasonably believe you have violated these Terms or if continued access poses a risk to the Service, its Users, or Enlightapp.
You may terminate your account at any time by contacting us at info@enlightapp.co. Upon termination, your right to access and use the Service will cease immediately.
Upon termination or expiration of a School's use of the Service, Enlightapp will delete or de-identify Personal Student Information in accordance with our Privacy Policy and applicable law.
The following sections shall survive termination of these Terms: Sections 6 (User-Generated Content), 7 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 16 (Governing Law), and 17 (Dispute Resolution).
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal proceedings arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in the Borough of Brooklyn, City of New York, and you hereby consent to the personal jurisdiction of such courts.
Dispute Resolution
In the event of any dispute arising out of or relating to these Terms or the Service, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through the courts as set forth in Section 16.
General Provisions
Entire Agreement: These Terms, together with our Privacy Policy and any additional agreements entered into between you and Enlightapp, constitute the entire agreement between you and Enlightapp regarding the Service and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Waiver: The failure of Enlightapp to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Enlightapp may assign these Terms without restriction.
Force Majeure: Enlightapp shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or power outages, or labor disputes.
Contact Us
If you have questions or concerns about these Terms of Service, please contact us:
Enlightapp, Inc.
Email: info@enlightapp.co
Address: 150 Court St, Brooklyn, NY 11201