Thinking Habitats, LLC

Terms of Service Policy

Last Updated: December 29, 2025
Effective Date: December 01, 2025

Thank you for choosing to use the online services provided by Thinking Habitats, LLC. These Terms of Service (the “Agreement” or “Terms”). are entered into by and between you and Thinking Habitats LLC and our affiliates, including Thinking Habitats Foundation, (collectively, “Thinking Habitats,” “we,” “us,” or “our”). The following terms, together with any documents it may incorporate by reference, including without limitation the Privacy Policy and any applicable signed orders or contracts (“Order Form”), govern your use of the online and/or mobile services, websites, and software made available through the THINKING PRO platform (collectively, the “Service”). The Service includes, but is not limited to: (i) www.thinkingpro.com, where users access THINKING PRO | Essentials, the Short Curriculum Unit, and the Intensive Curriculum Unit, (ii) mobile applications associated with THINKING PRO, and (iii) additional company websites such as www.thinkinghabitats.com, as well as any other website, app, or online service operated by Thinking Habitats that references or links to these Terms of Service.

By using or accessing the Service—including, without limitation, by accessing the Service without credentials, purchasing the Service through an Order Form or otherwise, logging in with credentials provided by Thinking Habitats, authenticating through a school-managed account (e.g., Google, Microsoft, or Clever), or otherwise creating an account—or by selecting a button or checkbox labeled “I Agree” (or an equivalent option), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service. By using or accessing the Service, you also consent to the collection, processing, and sharing of your information as described in our Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICE. This Agreement applies to all individuals who visit, access, or use the Service (“you” or “User”). If you create or manage a Thinking Habitats account on behalf of a school, company, organization, or other entity, then “you” includes both you personally and the entity you represent.

Thinking Habitats may amend or update this Agreement at any time, with notice provided as described below. All changes are effective immediately when posted and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of the revised Agreement means that you accept and agree to the changes.

PLEASE TAKE TIME TO READ THIS AGREEMENT CAREFULLY SO THAT YOU UNDERSTAND EACH OF ITS PROVISIONS. THIS AGREEMENT INCLUDES A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION, WHICH REQUIRES THAT DISPUTES BE RESOLVED THROUGH ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS.

Notice Regarding Student Data

The Service may be licensed or purchased by educational service providers—such as schools, school districts, boards of education, or individual teachers (collectively, “Schools”)—for use in an educational context. When Thinking Habitats enters into an agreement with a School to provide the Service, we may collect or gain access to personal information that can be linked to an identifiable student, including “education records” under FERPA and any information classified as sensitive or otherwise protected under applicable law (“Student Data”), either from the School or directly from the student. Please see our Privacy Policy for more information on how we protect and use data.

1. The Service

The Service is designed to support users in learning and practicing a range of academic areas, including English language arts, science, social studies, multilingual learner instruction, as well as college readiness and General Educational Development (GED) preparation. Unless expressly stated otherwise, all new or enhanced features of the Service are subject to this Agreement. You acknowledge and agree that the Service is provided “as-is,” and that Thinking Habitats bears no responsibility for mistakes, errors, or omissions of any kind. This includes, without limitation, Service interruptions or restrictions, the deletion or loss of data related to the Service, or the failure to secure proper consent for the collection, use, and sharing of Student Data with Thinking Habitats for its subsequent use.

Thinking Habitats grants you a personal, non-exclusive, and non-transferable license to access and use the Service. You agree that you will not copy, alter, adapt, create derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Software. You further agree not to sell, assign, sublicense, pledge, grant a security interest in, or otherwise transfer any rights in the Software. You may not modify the Software in any way, nor use altered versions of the Software, including (without limitation) for the purpose of gaining unauthorized access to the Service. The Service may only be accessed through the interface provided by Thinking Habitats.

To utilize the Service, you are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Service through your internet connection are aware of and comply with this Agreement.

2. Eligibility and Authority

Thinking Habitats offers the Service only to adults who are able to make purchases using a credit card or another approved payment method. The Service is not sold directly to children. If you are under eighteen (18) years of age, you may access and use the Service solely with the consent and active involvement of a parent or legal guardian (collectively, “Parent”), or under the direction of your School. Your School may establish additional rules or requirements for use of the Service, and you are responsible for complying with such policies.

If you create an account to provide the Service to students on behalf of a School, you represent and warrant that you are an authorized representative of that School with the legal authority to bind the School to this Agreement, and that you agree to this Agreement on the School’s behalf. If you contact Thinking Habitats regarding any action related to an account, you further represent and warrant that you hold all necessary authority to request such action(s) from or on behalf of the account holder (including, for example, a School or Parent).

The U.S. Children’s Online Privacy Protection Act (“COPPA”) requires online service providers to obtain verifiable parental consent before collecting personal information from children under the age of 13. If you are a School that provides the Service to students under 13, you represent and warrant that you either have the authority to give consent on behalf of parents or have already obtained valid parental consent for Thinking Habitats to collect and use such information before allowing those students to access the Service.

Use of the Service is expressly conditioned on Schools securing all required parental or student consents, where applicable, both for the School’s own collection of Student Data and for the subsequent transfer of that data to Thinking Habitats for its use. Thinking Habitats disclaims responsibility for any failure to obtain the consent legally required for personal information to be subsequently shared with us. Accordingly, if you are a School, you warrant that you have furnished clear disclosures to students and parents, obtained appropriate written consents regarding the use of our Service, and provided families with a copy of this Agreement and our Privacy Policy.

In addition to COPPA and other applicable U.S. education privacy laws, Schools located in or serving students from the European Union or the United Kingdom are also responsible for ensuring compliance with applicable international data protection laws, including the General Data Protection Regulation (“GDPR”) and the UK Data Protection Act 2018.

3. Registration, Authentication, and Account Obligations

As a condition of using the Service, you agree to: (a) provide information that is truthful, accurate, current, and complete when prompted by the Service’s registration process (collectively, “Registration Data”); and (b) maintain and promptly update such Registration Data to ensure it remains truthful, accurate, current, and complete at all times. All Registration Data must comply with applicable privacy and data protection laws, including, without limitation, the Family Educational Rights and Privacy Act (“FERPA”), the Children’s Online Privacy Protection Act (“COPPA”), the European Union General Data Protection Regulation (“GDPR”), the United Kingdom Data Protection Act 2018, and any other applicable state, federal, or international privacy laws.

If you are a School or educator creating or managing accounts for students, you represent and warrant that you have obtained all legally required parental, guardian, or student consents before submitting or permitting the submission of any Student Data to the Service. If you are a student creating an account independently, you represent and warrant that you either meet the minimum age of consent under applicable law or that your parent or legal guardian has provided the required consent for your use of the Service.

School-affiliated users (including teachers, administrators, and students) must register and access the Service using their official school-issued email accounts and not personal email accounts. Independent users who are not accessing the Service through a School program may register with personal email addresses, provided that they comply with all other requirements of this Agreement.

In some cases, a School or teacher may provide Thinking Habitats with student roster information (such as first and last name and a school-affiliated email address) so that Thinking Habitats can create accounts on the School’s behalf. By submitting such rosters, the School and/or teacher represents and warrants that it has obtained all legally required consents and is authorized to disclose the information to Thinking Habitats for account creation. Thinking Habitats relies on these representations and shall not be liable for any failure by the School or teacher to secure the appropriate authorizations.

The Service may also allow authentication through third-party identity providers, such as Google Workspace for Education, Microsoft 365, or Clever. By using one of these providers, you authorize Thinking Habitats to collect and use the limited information necessary (such as your name, email address, and school affiliation) to establish and maintain your account. If you are a School, you further represent and warrant that you have obtained all required parental, guardian, or student consents before permitting students to authenticate with third-party providers. Thinking Habitats does not control, and disclaims responsibility for, the security, availability, or accuracy of third-party authentication services, and shall not be liable for any issues, breaches, or losses arising from their use.

Users remain responsible for safeguarding their login credentials and for all activities that occur under their accounts, regardless of whether those accounts are authenticated directly through the Service or via a third-party identity provider. If you provide information that is false, misleading, outdated, or incomplete—or if Thinking Habitats has reasonable grounds to believe so—Thinking Habitats may suspend or terminate your account and deny you present or future access to the Service, in whole or in part.

4. General Account Information

Access to the Service is provided by Thinking Habitats to licensees (including subscribers) through a registered profile issued to a User (including Site Account, Classroom Account, Family Account, Independent Learner Account, Demo/Trial Account) (“Account”).  Each account is offered for a specified term and price, and is governed by renewal, cancellation, and other conditions specific to that account (the “Account Terms”). The Account Terms are determined (in order of precedence) by: (i) the most recent quote or sales contract for the account; (ii) the selections made and account-specific terms disclosed during signup (which may be confirmed by email); (iii) the account description and terms accessible through the Thinking Habitats website when signed in as an authorized user of the account; and (iv) the default Account Terms outlined in this Agreement.

An account may include Account Terms that differ from or add to those in this Agreement, but only if expressly set forth in a written document signed by both the account subscriber and an authorized officer of Thinking Habitats.

Thinking Habitats offers multiple “account types,” and the applicable default Account Terms vary depending on the subscriber and how the account is established. Unless superseded as described above, the default Account Terms apply. Thinking Habitats also reserves the right to issue accounts that do not fall within any standard account type and/or to provide accounts with customized Account Terms regardless of account type.

4.1. Account Types

4.1.1. Site Account. An account may be purchased by or on behalf of a school or school district (“Site Account”). Purchases may be made by phone or email. A Site Account generally provides access for an unlimited number of teacher users and a specified maximum number of student users (the exact number varies based on the purchase). Site Accounts are typically issued for a term of one year or longer, with the applicable term disclosed at the time of purchase. Site Accounts do not automatically renew; renewal requires action by the school or its authorized representative (e.g., an administrator). A Site Account constitutes a type of School Account. For additional details regarding School Accounts, see Section 5 below.

4.1.2. Classroom Account. An account may be purchased by or on behalf of a school, often by an individual teacher (“Classroom Account”). Purchases may be made through the Thinking Habitats website, by phone, or by email. A Classroom Account generally provides access for one teacher and a limited number of student users (the number may vary depending on the purchase). Classroom Accounts are usually for a one-year term, disclosed at the time of purchase. Classroom Accounts do not automatically renew; renewal must be initiated by the school or its authorized representative (e.g., a teacher). A Classroom Account is considered a type of School Account. For more information, see Section 5 below.

4.1.3. Family Account. An account may be purchased by or for a Parent (“Family Account”). These accounts are generally available only through the Thinking Habitats website and require payment by credit card. A Family Account typically allows the creation of child profiles that may be used by the Parent’s child under the Parent’s supervision. Family Account subscriptions are generally available in one-month or one-year terms, with the chosen term disclosed at the time of purchase. If multiple options are offered, the term can be selected at the time of purchase or changed later by contacting outreach@thinkinghabitats.com. Family Accounts automatically renew. For more information on automatic renewal and cancellation, see Section 6 below.

4.1.4. Independent Learner Account. An account may be purchased by or for an adult learner (“Independent Learner Account”). These accounts are typically available only through the Thinking Habitats website and require payment by credit card. Subscriptions are generally available for one-month or one-year terms, with the applicable term disclosed at the time of purchase. The selected term may be chosen at the time of purchase or later adjusted by contacting outreach@thinkinghabitats.com. Independent Learner Accounts automatically renew. See Section 6 below for details on renewal and cancellation of automatically renewing accounts.

4.1.5. Demo/Trial Account. An account may be provided free of charge for evaluation purposes (“Demo or Trial Account”). These accounts are typically offered to Schools, educators, or individual users for a limited time period, as specified at the time the account is issued. Demo/Trial Accounts are strictly time-limited and automatically expire at the end of the designated period unless otherwise extended in writing by Thinking Habitats. Demo/Trial Accounts may include restricted or sample features and are not intended for long-term or full instructional use. Access through a Demo/Trial Account is provided “as-is,” without warranties of any kind, and may be revoked or discontinued by Thinking Habitats at any time without notice.

4.1.6. Beta and Pilot Features. From time to time, Thinking Habitats may make new or experimental features available as part of a pilot, beta, or limited-release program (“Beta Features”). Beta Features are provided solely for evaluation purposes, may be modified or discontinued at any time, and are offered “as-is” without warranties of any kind. Thinking Habitats shall not be liable for any damages, losses, or other claims arising from your use of Beta Features.

4.2. Quotes and Proposals

Any quotes or proposals issued by Thinking Habitats are valid only for a limited period of time and become effective only upon the agreement of the relevant parties. Thinking Habitats reserves the right, in its sole discretion, to withdraw or modify any quote or proposal at any time. Quotes and proposals may contain proprietary or confidential information belonging to Thinking Habitats and, to the fullest extent permitted by law, must not be shared with anyone other than the intended recipient.

By requesting or accepting delivery of a quote or proposal from Thinking Habitats, you agree to treat all such materials as confidential, refrain from disclosing them to any third party, and promptly return or destroy them if requested by Thinking Habitats. To the extent that any applicable public records laws could apply to a quote or proposal, you agree to notify Thinking Habitats immediately upon receiving a public records request that may involve such materials. You further agree to provide Thinking Habitats with reasonable cooperation and all necessary opportunities to prevent or limit disclosure, to the maximum extent permitted by law.

If disclosure of a quote or proposal is compelled by law, you must give Thinking Habitats prompt written notice and cooperate to seek protective treatment.

4.3. Payments

School Accounts may be paid by credit card, check, or other payment methods authorized at Thinking Habitats’ discretion (contact outreach@thinkinghabitats.com for available options). Payment is due no later than thirty (30) days after the date Thinking Habitats issues an invoice. Any invoice not paid within thirty (30) days will be considered past due, and Thinking Habitats reserves the right to suspend access to the affected Account(s) and pursue collection of the outstanding balance. Suspension of an account does not release the account holder from its obligation to pay all amounts owed.

Thinking Habitats further reserves the right to assess a late fee of one percent (1%) per month, or the maximum amount permitted by law (whichever is lower), on any past due balance, as well as to recover reasonable attorney’s fees and collection costs incurred in securing payment.

Fees are exclusive of taxes; Customer is responsible for all applicable sales, use, VAT, or similar taxes, excluding taxes on Thinking Habitats’ net income.

4.4. Cancellation

Unless specifically allowed below, or otherwise agreed to in a signed document with Thinking Habitats, Accounts cannot be canceled before the end of their current term. If a cancellation request is made during a term, the cancellation will only take effect once that term ends.

Thinking Habitats allows early cancellation only in two situations:

1. If the Service is permanently discontinued; or
2. If early cancellation is required by applicable law.

If early cancellation occurs under either of these conditions, the Account holder must still pay all fees owed up to the date of cancellation. Fees will not be refunded or prorated in the event of an early cancellation, except to the extent required by law.

4.5. End of License or Subscription Term

When an account license or subscription ends—such as when the term concludes without renewal or the account is canceled—access to the Service will be terminated. At its sole discretion, however, Thinking Habitats may allow limited, temporary access for users of the account after the license or subscription term has ended.

The Service provides built-in tools to download or export account-related information. If the account holder or its users wish to retain any data, it is their sole responsibility to download and save that data before the license or subscription term ends. Once an account has expired, Thinking Habitats may delete data associated with the account in accordance with this Agreement and the Privacy Policy.

For accounts that do not automatically renew, it is solely the account holder’s responsibility to request renewal in order to maintain ongoing access to the Service and its associated data.

Absent legal requirements or a written agreement, Thinking Habitats will delete or de-identify Student Data within 60 days after account expiration or termination.

4.6. Order of Precedence

In the event of a conflict, the order of precedence is:

5. School Accounts and Student Data

>> This Section 5 applies to a School's use of the Service.

When a School uses Thinking Habitats in an educational context, Thinking Habitats may collect or be granted access to Student Data provided either by the School or directly by a student.

Ownership and control of Student Data remain with the School or the student, not with Thinking Habitats. The School is solely responsible for obtaining all legally required consents to collect and manage Student Data, where applicable. By using the Service, you authorize Thinking Habitats to access, collect, transmit, modify, display, and store Student Data as necessary to provide the Service and as further described in this Agreement and in our Privacy Policy.

Thinking Habitats relies on the School’s representations regarding the lawful collection and disclosure of Student Data.

5.1. Compliance with Laws

In the United States, Thinking Habitats may collect and process Student Data in its capacity as a “school official” with a legitimate educational interest, as defined under the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). School Users agree to comply with all obligations arising under FERPA, the Children’s Online Privacy Protection Act (“COPPA”), the Protection of Pupil Rights Amendment (“PPRA”), applicable state student data privacy statutes, and all other laws and regulations that govern the collection, use, and protection of Student Data.

For School-affiliated use, the School acts as the data controller (or “school official” data steward, where applicable), and Thinking Habitats acts as a processor/school official under the School’s instructions.

Where required by law (including, without limitation, the EU General Data Protection Regulation and the UK Data Protection Act 2018), the School and Thinking Habitats will execute a Data Processing Addendum (“DPA”), which is incorporated by reference into this Agreement. The DPA will include the EU Standard Contractual Clauses and/or the UK Addendum, as applicable, to govern cross-border transfers of personal data.

5.2. Use of Data

For information on how we collect and use data and personal information in association with the Service please visit our Privacy Policy, which is expressly incorporated into this Agreement.

6. Membership and Automatic Renewal Billing

>> This Section 6 applies only to Family Accounts and Independent Learner Accounts purchased through the Service using a credit card that renew automatically. School Site Accounts and Classroom Accounts are purchased under separate terms and do not automatically renew.

6.1. Automatic Renewal and Billing

By starting a Thinking Habitats membership, you expressly authorize us to charge your selected payment method for the membership term you chose (monthly or yearly). Thereafter, your subscription will automatically renew at the beginning of each billing cycle, and the then-current membership fee plus any applicable taxes will be charged to your payment method. Charges may vary from period to period if you change your membership plan or if pricing changes, in which case we will provide advance notice.

As used in this Agreement, “billing” means either a charge or debit, as applicable, to your payment method. If your payment method expires and you do not update it or cancel, you authorize us to continue billing that payment method and remain responsible for any unpaid amounts. You may update your payment method, switch between monthly and yearly plans, or view your renewal details at any time by signing in to your store account at www.thinkinghabitats.com and visiting the Subscription Details page. Store accounts are separate from THINKING PRO learning accounts.

6.2. Cancellation of Automatic Renewals

You may cancel your Thinking Habitats membership at any time, and cancellation will be effective immediately. You will continue to have access to the program until the end of the current billing period. We do not provide refunds or credits for partially used membership periods. To cancel, sign in to your Thinking Habitats store account, go to the Subscription Details page, and click Cancel Membership, then follow the instructions provided.

6.3. 30-Day Satisfaction Guarantee

If you are not satisfied, you may request a full refund of the purchase price within thirty (30) days of the Purchase Date. This guarantee applies only to purchases made directly through www.thinkinghabitats.com. This satisfaction guarantee is limited to one refund per purchaser in any twelve-month period.

6.4. Price Changes

We reserve the right to adjust membership pricing, including but not limited to subscription plans, at any time and in our sole discretion. Except as otherwise expressly stated in this Agreement, any price changes will take effect after direct notice (e.g., email) is provided and, where required by law, with clear cancellation instructions.

7. Account Password and Security

When you register for the Service, you will either (a) create a password for a Thinking Habitats account, or (b) access the Service through a third-party authentication provider such as Google, Microsoft, or Clever. In either case, you will be assigned an account designation (for example, student, teacher, family, or independent learner) that determines your role and level of access within the Service.

You are solely responsible for maintaining the confidentiality of your password, login credentials, and account, whether created directly with Thinking Habitats or managed through a third-party authentication provider. You accept full responsibility for all activities that occur under your account. You agree to: (a) promptly notify Thinking Habitats (outreach@thinkinghabitats.com) of any unauthorized use of your password, account, or authentication credentials, or any other suspected security event, and (b) properly log out of your account at the end of each session.

Thinking Habitats is not liable for unauthorized access to your account or data that results from your own acts or omissions, or from a compromise of credentials maintained by a third-party authentication provider. Accounts may not be shared with more than one individual or entity unless explicit written authorization has been granted by Thinking Habitats.

8. Acceptable Use / Prohibited Conduct

To help maintain a secure, educational, and respectful environment, all Users must comply with the following acceptable use standards. You may use the Website only for lawful purposes and in accordance with this Agreement. You agree that you will not, and will not permit others to:

• Use the Service for any unlawful purpose or in a manner that could damage, disable, overburden, or impair the Service or interfere with any other User’s use.
• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the User Content Standards section set out in this Agreement below.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person, School, organization, or other entity.
• Upload, post, or transmit any content that infringes or misappropriates the intellectual property, privacy, or publicity rights of others.
• Use the Service for commercial purposes not expressly authorized by Thinking Habitats, including resale, sublicensing, advertising, or promotion of third-party products or services.
• Submit or display any content that is obscene, defamatory, harassing, threatening, discriminatory, or otherwise inconsistent with educational use and community standards.
• Share, sell, or transfer account credentials to another individual or entity without authorization.
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service, or expose them to liability.

Additionally, you agree not to:

• Attempt to gain unauthorized access to any systems, accounts, or networks connected to the Service, including by hacking, password mining, or any other illegal or unethical means.
• Probe, scan, or test the vulnerability of the Service or any network connected to it, or breach any security or authentication measures.
• Upload, transmit, or distribute viruses, worms, malware, or other harmful code intended to disrupt or damage computer systems or data.
• Engage in data scraping, harvesting, crawling, mining of content, or use any automated system, bot, crawler, scraper, or similar data-extraction tool to access, extract, or analyze any portion of the Service or its content.
• Interfere with or disrupt the Service or networks connected to the Service, including through denial-of-service attacks or excessive automated requests.
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive source code, algorithms, or underlying structure of the Service, except as permitted by law.
• Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.
• Otherwise attempt to interfere with the proper working of the Service.

This Agreement permits you to use the Service for your personal, non-commercial use only. You must not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Service.
• Modify copies of any materials from this Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Violation of this section or any other terms within this Agreement may result in immediate suspension or termination of your account, removal of offending content, and/or referral to law enforcement if required by applicable law.

9. User Content

When using the THINKING PRO learning platform (www.thinkingpro.com), you may be able to create, submit, share, or display materials such as text, images, comments, questions, assignments, or other forms of content (collectively, “User Content”).

You are solely responsible for any User Content that you create, share, transmit, or display while using the Service. User Content remains your property. Thinking Habitats does not claim ownership rights over it. Any User Content you post to the site will be considered non-confidential and non-proprietary.

9.1. User Content Standards

These content standards apply to any and all User Content. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

You understand and agree that we do not have any obligation to monitor, screen, review, or edit User Content, although we reserve the right, in our sole discretion, to remove, refuse to display, or disable access to any User Content at any time and for any reason, including if we consider it to be unlawful, infringing, offensive, misleading, harmful, violating this Agreement, or otherwise objectionable.

9.2. License — Non-School Accounts (Family and Independent Learner)

For non-School uses, you grant Thinking Habitats a royalty-free, transferable, sublicensable, worldwide license to host, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content solely to operate, maintain, improve, and support the Service, and to promote the Service using de-identified excerpts. To the extent permitted by law, you waive any moral rights (including rights of attribution or integrity) with respect to the permitted uses of your User Content under this Section.

9.3. License — School Contexts (Student User Content)

For purposes of this Section 9, “Student User Content” means User Content created or submitted by a student in connection with a School account. For School-affiliated use, the license to Student User Content is limited to: (i) operating, maintaining, supporting, and improving the Service; (ii) internal analytics; and (iii) research and evaluation activities permitted under Section 5 and applicable law. Thinking Habitats will not use Student User Content for public marketing or publicity without prior written consent from the School or Parent, and will only disclose such content externally if de-identified consistent with applicable law.

9.4. De-identified/Aggregated Data

Thinking Habitats may use and disclose de-identified and/or aggregated information derived from User Content as permitted by our Privacy Policy and applicable law.

9.5. Other Users’ Access

You acknowledge that other Users of the Service may be able to access User Content you choose to submit or contribute to the Service. You agree that we are not liable for any loss, damage, or harm resulting from the use, disclosure, or reliance on any User Content by any User or third party, or from any interactions between you and other Users.

9.6. Your Warranties

You must have the legal right to all User Content you provide. You may only post User Content if you own it or have obtained proper permission under the law. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User of the Service.

9.7. Survival

The licenses in this Section survive for the period necessary to fulfill the purposes stated above and thereafter to the extent required by law or to maintain de-identified/aggregated datasets.

9.8. Feedback

If you send ideas, suggestions, or other feedback (“Feedback”), you grant Thinking Habitats a perpetual, irrevocable, worldwide, royalty-free license to use and exploit that feedback for any purpose without restriction or attribution. Feedback is not confidential.

10. Copyright Infringement Policy (DMCA)

Thinking Habitats complies with the Digital Millennium Copyright Act of 1998 (“DMCA”) and will respond to valid notices of claimed infringement in accordance with the law.

10.1. Submitting a DMCA Notice of Claimed Infringement

If you believe that material accessible on the Service infringes your copyright, you may submit a notification to Thinking Habitats. To be effective under the DMCA (17 U.S.C. § 512(c)(3)), your notice must be in writing and include the following information:

1. An electronic or physical signature of the copyright owner or a person authorized to act on the owner’s behalf.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material alleged to be infringing, with enough detail to allow Thinking Habitats to locate it on the Service.
4. Your contact information, including address, telephone number, and email address.
5. A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

Send the below information to Thinking Habitats’ Designated DMCA Agent:

10.2. Submitting a DMCA Counter-Notification

If material you have posted has been removed (or access to it has been disabled) in response to a DMCA notice, and you believe this removal was a mistake or that you have the right to use the material, you may file a counter-notification. To be valid under the DMCA (17 U.S.C. § 512(g)(3)), your counter-notice must be in writing and include:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or disabled, and the location where it appeared before removal or disablement.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, that you consent to jurisdiction in any judicial district where Thinking Habitats may be found), and that you will accept service of process from the party who filed the original DMCA notice or their agent.

Upon receipt of a valid counter-notification, Thinking Habitats may reinstate the material unless the copyright owner initiates a court action seeking an order to restrain you from engaging in the infringing activity.

10.3. Repeat Infringer Policy.

In accordance with the DMCA and other applicable laws, Thinking Habitats has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Thinking Habitats also reserves the right, at its sole discretion, to limit access to the Service or terminate accounts of Users who infringe the intellectual property rights of others, even if such infringement is not repeated.

10.4. Misrepresentation Warning

Under federal law, if you knowingly misrepresent that material is infringing—or that material was removed or disabled by mistake—you may be liable for damages. This can include monetary damages, attorneys’ fees, court costs, and, in the case of false claims, criminal penalties for perjury.

This DMCA policy is provided to explain Thinking Habitats’ rights and obligations under 17 U.S.C. § 512. It is not intended as legal advice. If you are unsure of your rights or obligations under the DMCA or other applicable laws, you should seek advice from a qualified attorney.

11. Special Terms for International Use

Because the Service is accessible worldwide, you are responsible for understanding and complying with all laws, rules, and regulations that apply in the country or jurisdiction where you reside or from which you access the Service. This includes laws governing online conduct, acceptable content, privacy, and the use of digital learning services.

You also agree to comply with all applicable U.S. laws and regulations related to the export and re-export of technical data and software, including but not limited to the U.S. Export Administration Regulations. By using the Service, you represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. trade sanctions or embargoes.

For users located in the European Union, the European Economic Area, the United Kingdom, or other regions with data protection laws, our collection, use, and processing of personal information will be carried out in accordance with applicable regulations. These include, without limitation, the EU General Data Protection Regulation (“GDPR”), the UK Data Protection Act 2018, Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”), as well as any similar laws that apply in the jurisdiction where the Service is used.

In case of conflict between local law and these Terms, these Terms control to the extent permitted by law.

12. Indemnification

To the maximum extent allowed by law, you agree to indemnify, defend, and hold harmless Thinking Habitats, along with its subsidiaries, affiliates, officers, agents, employees, co-branders, and other partners, from and against any and all claims, demands, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) brought by a third party and arising out of or related to:

1. any content you create, upload, post, transmit, or otherwise make available through the Service, including but not limited to User Content;
2. your use or misuse of the Service;
3. your access to or connection with the Service;
4. your breach of this Agreement;
5. your violation of any applicable law or infringement of another person’s or entity’s rights;
6. your intentional or reckless misconduct; or
7. any other party’s use of the Service through your account, including use under your username, password, or other security credentials.

Thinking Habitats reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us. In such cases, you agree to fully cooperate with Thinking Habitats in defending against such claims.

13. Modification or Termination of Service

Thinking Habitats reserves the right, at any time and from time to time, to modify, suspend, or temporarily discontinue the Service, in whole or in part, with or without prior notice. You agree that Thinking Habitats shall not be liable to you or to any third party for any such modification, suspension, or temporary discontinuance.

If Thinking Habitats permanently discontinues the Service in its entirety, our liability to you will be limited to a refund of the fees you have already paid for the affected account, pro-rated for the unused portion of the current subscription or license term. This is the only circumstance in which a pro-rated refund will be provided. Termination or suspension of your account by Thinking Habitats for any reason other than permanent discontinuance of the Service does not entitle you to any refund.

You further agree that Thinking Habitats, in its sole discretion, may suspend or terminate your password, account, or access to the Service at any time, including, without limitation, for inactivity after reasonable prior notice, or if Thinking Habitats determines that you have violated the letter or spirit of this Agreement. Termination may occur without prior notice, and you acknowledge that Thinking Habitats may immediately deactivate or delete your account subject to Section 5.7 (Student Data Access and Deletion Requests), together with any associated data, and bar further access to the Service. You agree that Thinking Habitats shall not be liable to you or to any third party for any termination of your access to the Service.

14. Links to Third-Party Sites and Resources

The Service may contain links to, or make available content from, third-party websites or resources, including but not limited to online newspapers, Google News search results, government websites (such as a local city website), and public library or archival sites used to access current and historical newspapers. You acknowledge and agree that Thinking Habitats has no control over such external sites or resources and is not responsible for their availability. Thinking Habitats does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials available on or through those third-party sites or resources.

You further agree that Thinking Habitats shall not be held responsible or liable, directly or indirectly, for any damage or loss alleged to be caused by, or in connection with, your access to or reliance on any such content, goods, or services available from third-party sources. Use of third-party sites is governed by their own terms; Thinking Habitats does not vet or continuously monitor their content.

As part of our educational mission, Thinking Habitats follows an unbiased and non-partisan approach by curating links from multiple news and information outlets. This practice is intended to help ensure that students are exposed to a range of perspectives rather than relying on a single source. Such curation is provided solely for instructional purposes and does not constitute endorsement, verification, or control of the third-party content. Users remain solely responsible for evaluating and verifying the accuracy, reliability, and suitability of any third-party information they choose to use.

15. Use of Third-Party Platforms

The Service is currently delivered through a customized and white-labeled version of the Moodle learning management system (“Moodle”). While Moodle provides the underlying open-source framework, all aspects of the Service, including content, course design, user accounts, security, and system administration, are operated and maintained by Thinking Habitats.

Thinking Habitats reserves the right, at its discretion, to change the learning management system or underlying technology used to deliver the Service at any time, provided that such a change does not materially diminish the functionality of the Service.

16. Use of Third-Party Cloud Storage and File Integrations

The Service may enable you to connect your account with third-party cloud storage services—such as Google Drive, Google Classroom, or other comparable platforms (collectively, “External Repositories”)—to upload, access, or submit content including assignments, presentations, or other instructional materials.

External Repositories are operated by independent third parties that are not owned or controlled by Thinking Habitats. Your use of any External Repository is subject to the terms of service and privacy policy of the applicable provider (for example, Google LLC). Thinking Habitats is not responsible for the security, availability, or integrity of data stored in, or transmitted through, such services.

By connecting an External Repository, you authorize Thinking Habitats to access and copy the files, metadata, or related information necessary to operate features of the Service (such as assignment submission, grading, and feedback).

You and/or your School remain solely responsible for maintaining appropriate backups and permissions for any content stored in or transmitted through External Repositories. Thinking Habitats does not guarantee that such content will remain available through the Service, and it is not liable for any loss, alteration, or corruption of data resulting from your use of an External Repository.

17. Thinking Habitats’ Proprietary Rights

You acknowledge and agree that the Service, together with any software used to operate or deliver the Service (“Software”), contains proprietary and confidential information protected by intellectual property and other applicable laws. You further recognize that materials and information made available through the Service are protected by copyrights, trademarks, service marks, patents, and other proprietary rights.

Except where expressly authorized in writing by Thinking Habitats, you may not copy, alter, rent, lease, loan, sell, distribute, publish, or create derivative works from the Service or the Software, whether in whole or in part.

The Service and its content are protected by copyright and related laws in the United States and internationally. Redistribution or reproduction of the Service, or any portion of it, in any form—whether electronic, printed, or otherwise—is expressly forbidden under this Agreement.

Thinking Habitats reserves the right to suspend or terminate your account, without refund, if you are found to have violated this section of the Agreement.

18. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THINKING HABITATS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THINKING HABITATS DOES NOT WARRANT OR GUARANTEE THAT:

1. THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS;
2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS OR DEFECTS;
3. THE RESULTS OBTAINED FROM USING THE SERVICE WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR PURPOSES;
4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS YOU ACCESS OR ACQUIRE THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR
5. ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE IDENTIFIED OR CORRECTED.

ANY CONTENT OR MATERIALS YOU DOWNLOAD, STREAM, OR OTHERWISE OBTAIN THROUGH THE SERVICE ARE ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU ALONE ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, NETWORK, OR DEVICE, OR ANY LOSS OF DATA, RESULTING FROM SUCH DOWNLOAD OR USE.

YOU FURTHER ACKNOWLEDGE THAT USE OF THE SERVICE INVOLVES INTERACTION WITH SCREEN-BASED AND AUDIO-BASED FEATURES AND MAY REQUIRE THE USE OF DEVICES AND ACCESSORIES SUCH AS SCHOOL-ISSUED OR PERSONALLY OWNED LAPTOPS, TABLETS, HEADPHONES, SPEAKERS, OR MOBILE DEVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THINKING HABITATS DISCLAIMS LIABILITY FOR ANY PERSONAL INJURY, MEDICAL CONDITION, OR PROPERTY DAMAGE ASSOCIATED WITH SUCH USE, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR TAKING APPROPRIATE PRECAUTIONS.

NO ADVICE, GUIDANCE, OR INFORMATION, WHETHER PROVIDED ORALLY OR IN WRITING, THAT YOU RECEIVE FROM THINKING HABITATS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY OR GUARANTEE NOT EXPRESSLY SET OUT IN THIS AGREEMENT.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THINKING HABITATS, TOGETHER WITH ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, AND SUPPLIERS, SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICE OR ANY MATTER RELATING TO THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, PERSONAL INJURY, PAIN AND SUFFERNG, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR THINKING HABITATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THINKING HABITATS, INCLUDING ITS SUBSIDIARIES, AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO ACCESS THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

20. Exclusions and Limitations

CERTAIN JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF SPECIFIC WARRANTIES OR CONDITIONS, NOR DO THEY ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR PARTICULAR TYPES OF CLAIMS OR DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE DISCLAIMERS IN SECTION 18 (DISCLAIMER OF WARRANTIES) AND THE LIMITATIONS OF LIABILITY IN SECTION 19 SHALL APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE PROHIBITED IN YOUR JURISDICTION, THEY WILL NOT APPLY.

21. HEALTH AND SAFETY NOTICE

You are solely responsible for ensuring that your use of the Service is safe and appropriate for your environment and circumstances. Thinking Habitats does not provide medical or health advice, and the Service is not intended to prevent or treat medical conditions.

Individuals with health conditions such as epilepsy, vision or hearing sensitivities, or other relevant medical concerns should consult a medical professional before using screen-based or audio-based services. You should discontinue use immediately if you experience dizziness, seizures, eye strain, hearing discomfort, or other adverse effects.

To the maximum extent permitted by law, Thinking Habitats disclaims liability for any personal injury, health condition, or property damage arising from (i) the use of headphones, speakers, or other audio devices, (ii) exposure to video, screen-based, or audio features, or (iii) accidents, device malfunctions, or physical injuries related to the use or handling of equipment in connection with the Service. Users remain responsible for taking appropriate safety precautions while using the Service.

22. Trademark Information

THINKING HABITATS®, the THINKING HABITATS logo, and THINKING PRO® (together with any other product or service names, logos, or slogans of Thinking Habitats) are trademarks or service marks of Thinking Habitats, LLC, whether registered or under common law protection. You agree not to use, reproduce, or display any Thinking Habitats trademarks in any manner without the prior written consent of Thinking Habitats.

23. Governing Law and Venue

You agree that: (i) the Service is deemed to be provided solely from within the State of Michigan, and (ii) the Service is considered a passive platform that does not create personal jurisdiction over Thinking Habitats in any jurisdiction other than Michigan. This Agreement shall be governed by and construed under the internal substantive laws of the State of Michigan, without regard to conflict-of-law rules.

For any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Service shall be instituted exclusively in the federal and state courts located in Wayne County, Michigan. Such courts shall also serve as the exclusive venue for any appeals of an arbitration award or, if arbitration is determined to be unenforceable, for trial court proceedings. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

24. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES THE PARTIES TO RESOLVE MOST DISPUTES THROUGH BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM THINKING HABITATS.

YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

For any dispute with Thinking Habitats, you agree to first contact us at legal@thinkinghabitats.com and attempt to resolve the issue informally. If the matter is not resolved within sixty (60) days, both you and Thinking Habitats agree that any claim, dispute, or controversy (collectively, “Claims”) arising out of or relating to this Agreement—or the breach or alleged breach thereof—shall be settled by binding arbitration administered by JAMS under its Optional Expedited Arbitration Procedures, then in effect, except as otherwise provided in this Section. Information about JAMS is available at www.jamsadr.com.

Unless otherwise agreed, arbitration shall take place in Wayne County, Michigan. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Nothing in this Section prevents Thinking Habitats from seeking injunctive or equitable relief in court as necessary to prevent actual or threatened infringement, misappropriation, or violation of data security, intellectual property rights, or other proprietary rights.

You agree to an arbitration on an individual basis. In any dispute, YOU WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

24.1. Commercial or School Users

If you are a School or otherwise using the Service for commercial purposes, the parties will share responsibility for JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. The arbitrator’s award may include recovery of arbitration costs, reasonable attorneys’ fees, and expenses for expert or other witnesses.

24.2. Individual Non-Commercial Users

If you are an individual using the Service for personal or non-commercial purposes: (i) you may be required to pay an initial filing fee to JAMS, unless you apply for and obtain a fee waiver; (ii) the arbitrator’s award may include reimbursement of your arbitration costs, reasonable attorneys’ fees, and expert witness expenses; and (iii) you retain the right to bring an action in small claims court in a court of competent jurisdiction, but only after first attempting the required informal resolution process.

24.3. 30-Day Opt-Out (Individuals Only)

If you are an individual using the Service for personal, non-commercial purposes, you may opt out of the arbitration and class-action waiver provisions by sending written notice to legal@thinkinghabitats.com within 30 days after first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration and the class-action waiver. Opting out does not affect other provisions of these Terms.

25. Mobile Application Access

25.1. Mobile Application Access, Generally

Thinking Habitats provides access to its Service primarily through web browsers on desktop and mobile devices. Users may also access the Service using the Moodle Mobile App, which is developed and distributed by Moodle Pty Ltd via the Apple App Store and Google Play Store. Thinking Habitats does not develop, own, or control the Moodle App. The Moodle App simply connects to the same servers that power our Service, and any use of the app is subject to Moodle’s own terms of service, privacy policy, and the applicable app store terms.

Because the Moodle App may present display or functionality issues on certain devices, Thinking Habitats recommends accessing the Service through a modern web browser whenever possible. Users who choose to access the Service through the Moodle App do so at their own risk. Thinking Habitats makes no representations or warranties regarding the Moodle App and disclaims liability for any issues arising from its use, including but not limited to device compatibility, data charges, or loss of functionality. For clarity, these disclaimers are in addition to, and not in limitation of, the general disclaimers set forth in Section 18 (Disclaimer of Warranties).

25.2. Apple App Store Terms

The following additional terms apply to any access to the Service through the Moodle App obtained from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Thinking Habitats, not Apple, Inc. (“Apple”). Apple is not responsible for the Moodle App or the content made available through it. Your use of the Moodle App must comply with the App Store Terms of Service. Apple has no obligation to provide maintenance or support services for the Moodle App. In the event the Moodle App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligations with respect to the Moodle App, and any claims, losses, or liabilities are governed solely by this Agreement and applicable law. You acknowledge that Apple is not responsible for addressing claims related to your use of the Moodle App, including (i) product liability, (ii) failure to conform to legal or regulatory requirements, or (iii) consumer protection claims. Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce it against you.

25.3. Google Play Store Terms

The following additional terms apply to any access to the Service through the Moodle App obtained from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that this Agreement is between you and Thinking Habitats, not Google, Inc. (“Google”); (ii) your use of the Moodle App must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where the Moodle App is distributed; (iv) Thinking Habitats, and not Google, is solely responsible for the Service provided through the Moodle App; (v) Google has no obligation or liability to you with respect to the Moodle App or this Agreement; and (vi) Google is a third-party beneficiary of this Agreement as it relates to your use of the Moodle App. Google is a third-party beneficiary of this Section and may enforce it against you.

26. General Terms

This Agreement, together with any amendments and any separate agreements you enter into with Thinking Habitats concerning the Service, constitutes the complete and exclusive understanding between you and Thinking Habitats. It supersedes all prior agreements, proposals, or understandings, whether written or oral, relating to your use of the Service. Thinking Habitats expressly objects to, and rejects, any additional or conflicting terms submitted by you, including terms found in purchase orders, acceptances, or on your website. No modification or waiver of this Agreement will be effective unless set forth in a signed, notarized writing executed by an authorized officer of Thinking Habitats.

The failure of Thinking Habitats to enforce any provision of this Agreement shall not be deemed a waiver of that provision or any other right. If a court of competent jurisdiction finds any provision invalid or unenforceable, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision, and the remainder of this Agreement shall remain in full force and effect.

Except for claims involving unpaid amounts or violations of proprietary rights, neither party may bring an action, regardless of form, more than one (1) year after the cause of action accrued.

We may provide translations of this Agreement or related policies into languages other than English. These translations are provided solely for convenience, and the English version shall control in the event of any conflict or interpretation issues.

Headings and section titles are included for convenience only and carry no legal or contractual significance.

In the event of conflict, the Order of Precedence in §4 governs.

26.1 Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Thinking Habitats. Any attempted assignment in violation of this Section is null and void. Thinking Habitats may assign or transfer this Agreement, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

26.2. Force Majeure

Thinking Habitats shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, labor disputes, strikes, lockouts, shortages of materials or transportation, power or Internet failures, acts of government, laws or regulations, embargoes, wars, terrorism, civil disturbances, denial-of-service attacks, or other events of a similar nature (“Force Majeure Event”). Performance shall be excused for the duration of the Force Majeure Event and for a reasonable period thereafter to allow resumption of performance.

26.3. Survival

The following provisions (together with any other terms that by their nature should survive) shall survive termination or expiration of this Agreement: ownership and intellectual property rights; license restrictions; Student Data and privacy obligations; indemnification; disclaimers; limitations of liability; exclusions and limitations; health and safety notice; payment obligations accrued prior to termination; governing law; arbitration; class action/jury trial waiver; notices; and this survival clause.

26.4. No Third-Party Beneficiaries

Except as expressly stated (e.g., Apple/Google as third-party beneficiaries in the Mobile Application section), this Agreement is for the sole benefit of the parties and does not create rights in any third party.

26.5. Accessibility

For accessibility assistance or accommodations, contact outreach@thinkinghabitats.com.

26.6. Further Assurances

You agree to take such actions and execute such documents as may be reasonably necessary to give full effect to this Agreement.

26.7. Your Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Infringement Policy (DMCA) section in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: outreach@thinkinghabitats.com.