Terms of Service

Agreement to Terms

By accessing or using Bilby Learning's website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

Use License

Permission is granted to temporarily access and use the materials on Bilby Learning's website for personal, non-commercial educational purposes only. This is the grant of a license, not a transfer of title, and under this license you may not:

• Modify or copy the materials
• Use the materials for any commercial purpose or for any public display
• Attempt to reverse engineer any software contained on our website
• Remove any copyright or other proprietary notations from the materials
• Transfer the materials to another person or "mirror" the materials on any other server

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Bilby Learning at any time.

Educational Content and Tools

Bilby Learning provides educational tools and resources designed to support literacy development. While we strive to provide high-quality, evidence-based content, our tools are meant to supplement, not replace, professional educational assessment and instruction. We recommend working with qualified educators and specialists for comprehensive support.

User Accounts

When you create an account with us, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to terminate accounts that violate these terms or engage in fraudulent or abusive behavior.

Voice Recording Consent

Consent for Audio Collection

By creating an account and allowing a child to use the Bilby Learning reading program, you provide express, verifiable consent for Bilby Learning to record and process the child's voice.

School-Based Use

If you are an educator or administrator using Bilby Learning in a school setting, you represent and warrant that you have the authority to provide consent for the collection of student audio data on behalf of the parents/guardians under the COPPA "School Exception" or that you have obtained direct parental consent as required by your local jurisdiction.

User Content

You retain ownership of any content you create using our tools. By using our services, you grant Bilby Learning a non-exclusive, royalty-free license to use, reproduce, and display your content solely for the purpose of providing and improving our services. We will not share your content with third parties without your consent.

Prohibited Uses

You may not use our services to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the integrity or performance of our services
• Collect or harvest personal information about other users
• Use automated systems or bots without permission

Intellectual Property

All content, features, and functionality on Bilby Learning, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are the exclusive property of Bilby Learning or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Disclaimer

The materials on Bilby Learning's website are provided on an "as is" basis. Bilby Learning makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Bilby Learning does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations of Liability

In no event shall Bilby Learning or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Bilby Learning's website, even if Bilby Learning or an authorized representative has been notified orally or in writing of the possibility of such damage.

Indemnification

You agree to indemnify, defend, and hold harmless Bilby Learning, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of our services, or your violation of these Terms.

Third-Party Links

Our services may contain links to third-party websites or services that are not owned or controlled by Bilby Learning. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Bilby Learning shall not be responsible or liable for any damage or loss caused by use of such content, goods, or services.

Modifications to Services

Bilby Learning reserves the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the services.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Bilby Learning operates, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: legal@bilbylearning.com