Terms of Service

1. Overview

SparkPath is an AI-powered adaptive learning platform designed for K-12 students with special needs, including but not limited to students with Individualized Education Programs (IEPs) and 504 Plans. The platform generates personalized educational content calibrated to each student’s unique learning profile, interests, and accommodation needs.

The Service is intended for use by schools, school districts, and authorized educational organizations (“Institutions”) and their designated personnel. The Service is not intended for direct consumer use by parents or students outside of an institutional context.

2. Definitions

• “Service” means the SparkPath platform, including all web applications, APIs, content generation systems, and related services.
• “Student Data” means any data related to a student, including educational records as defined by FERPA (20 U.S.C. § 1232g).
• “Education Records” means records directly related to a student that are maintained by an educational agency or institution, or by a party acting for the agency or institution.
• “Authorized User” means any individual granted access to the Service by an Institution, including Coordinators and Team Members.
• “Content” means AI-generated educational materials, lessons, prompts, and assessments produced by the Service.

3. User Categories

The Service supports three categories of users:

4. Account Responsibilities

As an Authorized User, you agree to:

• Provide accurate and complete registration information.
• Maintain the confidentiality of your login credentials and access tokens.
• Immediately notify SparkPath of any unauthorized use of your account.
• Ensure that child access tokens are distributed securely and only to intended recipients.
• Not share your account credentials with unauthorized individuals.
• Accept responsibility for all activity that occurs under your account.

Institutions are responsible for ensuring that all Authorized Users within their organization comply with these Terms and with applicable federal, state, and local laws regarding student data privacy.

5. Acceptable Use Policy

You agree not to:

• Use the Service for any purpose other than legitimate educational activities.
• Attempt to access Student Data for students you are not authorized to view.
• Share, sell, or otherwise disclose Student Data to unauthorized third parties.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use the Service to develop a competing product or service.
• Introduce malicious code, viruses, or any harmful software into the Service.
• Circumvent or attempt to circumvent access controls or security measures.
• Use the Service in violation of FERPA, COPPA, or any applicable student privacy law.
• Use AI-generated content as the sole basis for educational decisions without professional review.

6. Intellectual Property

SparkPath’s Property: The Service, including its software, algorithms, user interface, design, documentation, and all related intellectual property, is owned by SparkPath, Inc. and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.

Institution’s Data: Institutions retain all right, title, and interest in their Student Data and any other data they provide to the Service. SparkPath claims no ownership over Student Data. We process Student Data solely to provide and improve the Service in accordance with our Privacy Policy and applicable law.

Generated Content: AI-generated educational content produced by the Service is provided for use by the Institution in connection with the student’s education. Institutions may use, modify, and distribute generated content within their educational programs.

7. AI-Generated Content Disclaimer

The Service uses artificial intelligence to generate personalized educational content, including lessons, prompts, assessments, and learning activities. You acknowledge and agree that:

• All content is algorithmically generated by AI models and is reviewed by an automated quality assurance pipeline before delivery.
• AI-generated content should be reviewed and verified by qualified educators before use with students. The content is a tool to assist educators, not a replacement for professional judgment.
• Generated content may occasionally contain errors, inaccuracies, or content that is not appropriate for a particular student’s needs. Educators should exercise professional discretion in evaluating all generated materials.
• SparkPath does not guarantee that generated content will meet specific educational standards, curriculum requirements, or IEP/504 goals. Content should be used as a supplement to, not a substitute for, a student’s formal educational program.
• The quality assurance pipeline evaluates content for safety, age-appropriateness, accommodation alignment, and educational value, but no automated system is infallible.

8. Data Ownership

Schools and school districts own all Student Data. This principle is fundamental to how SparkPath operates.

• Student Data is provided to SparkPath under the direction and control of the Institution.
• SparkPath processes Student Data solely to provide the Service and as permitted under FERPA’s school official exception.
• SparkPath will not sell, rent, or trade Student Data to any third party.
• SparkPath will not use Student Data for advertising, marketing, or any non-educational purpose.
• Upon termination, Institutions may request a complete export of their Student Data. SparkPath will provide data export in a standard, machine-readable format within 30 days of request.
• SparkPath will delete all Student Data associated with an Institution within 60 days of account termination, unless retention is required by law.

9. Service Availability

SparkPath is currently in a pilot/beta phase. During this period:

• We do not guarantee any specific level of uptime or availability.
• The Service may be modified, updated, or temporarily unavailable without prior notice.
• Features may be added, modified, or removed as we iterate based on user feedback.
• We will make commercially reasonable efforts to maintain Service availability and to provide advance notice of planned maintenance.

When SparkPath transitions to general availability, we will offer formal Service Level Agreements (SLAs) to institutional customers.

10. Fees and Payment

During the pilot/beta phase, SparkPath may be offered at no cost or at reduced pricing. Pricing for general availability will be communicated in advance. Any fees, billing terms, and payment obligations will be set forth in a separate agreement or order form between SparkPath and the Institution. SparkPath reserves the right to modify pricing with at least 30 days’ notice.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• SPARKPATH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR INTERRUPTION OF SERVICE.
• SPARKPATH’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY THE INSTITUTION TO SPARKPATH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
• SPARKPATH IS NOT LIABLE FOR EDUCATIONAL OUTCOMES, IEP/504 COMPLIANCE, OR DECISIONS MADE BASED ON AI-GENERATED CONTENT. EDUCATORS AND INSTITUTIONS REMAIN SOLELY RESPONSIBLE FOR ALL EDUCATIONAL DECISIONS.

12. Indemnification

You agree to indemnify, defend, and hold harmless SparkPath and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including FERPA and COPPA; or (d) your negligent or wrongful conduct.

13. Termination

Either party may terminate this agreement at any time:

• By Institution: You may terminate by providing written notice to SparkPath. Upon termination, you may request a data export before your data is deleted.
• By SparkPath: We may terminate or suspend your access if you breach these Terms, if required by law, or if we discontinue the Service. We will provide reasonable notice when possible.

Upon termination: (a) all rights granted to you under these Terms will immediately cease; (b) you must cease all use of the Service; (c) SparkPath will make Student Data available for export for a period of 30 days; and (d) after the export period, SparkPath will permanently delete all Student Data in accordance with our data retention policies.

14. Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be addressed through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue resolution through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, or through litigation in the courts specified in Section 15.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the State of Delaware, and the parties hereby consent to personal jurisdiction and venue therein.

16. Modifications to Terms

SparkPath reserves the right to modify these Terms at any time. We will notify Institutions of material changes at least 30 days before they take effect by sending notice to the email address associated with the Coordinator account. Continued use of the Service after the effective date of revised Terms constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Service.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

18. Contact Information

For questions about these Terms of Service, please contact us: