LUCA Learning - Terms of Service
Effective Date: March 1, 2023
PLEASE READ THESE TERMS OF SERVICE BEFORE ACCESSING OR USING OUR WEBSITE, THE LUCA LEARNING PLATFORM, OR ANY OF OUR RELATED PRODUCTS OR SERVICES.
1. Introduction
Please read the Terms and the Privacy Policy carefully and make sure you understand it. If you do not understand either the Terms or the Privacy Policy, or do not accept any part of them, then you may not use our Services.
In the Terms, “you” refers to (i) a person of legal age who can enter into a contract in the state in which the user resides and intends to or actually does access or use the Services, (ii) the parent or legal guardian of a minor child that intends to use or access our Services and for whom our Services were designed (i.e. for people with special learning needs)(each a “Child User”) which gives a Child User permission to access or use our Services and has given such permission in accordance with the Terms and our Privacy Policy, and (iii) to each Child User that has been given permission to access or use our Services by their parent or guardian and has received such permission from their parent or guardian.
The entity providing the Services is SkyHigh, LLC, a company operating under the laws of Pennsylvania, located at 123 Summer Place Gibsonia, PA 15044 (referred to as “LUCA”, “our”, “us”, or “we”).
2. Who may use the Services?
Age Requirements
You must be at least 13 years old to use the Services; however, children of all ages may use the Services if enabled by a parent or legal guardian. If you are under 18 years old, you represent that you have your parent or guardian’s permission to use the Services. Please have them read this Agreement with you.Permission by Parent or Guardian
If you are a parent or legal guardian of a User under the age of 18, by allowing your child to use the Services, you are subject to the terms of this Agreement and responsible for your child’s activity on the Services. Additionally, if you are a parent or legal guardian of a User under the age of 13, you agree that you will send to us a completed and signed copy of our Parent/Guardian Consent(https://luca.ai/consent) before your child may access or use our Services.3. Your Use of the Services
Content on our Services
The content on our Services includes, but is not limited to, all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, voice recordings, artwork, interactive features, software, metrics and computer code displayed on or available through our Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to us and our products and services, including, without limitation, all activities, stories, games, lesson plans, teacher trainings, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (collectively, “Trademarks”); (iii) other forms of intellectual property; and (iv) other materials provided by us or our third-party partners to you (collectively, the “Content”).Your Information
Our Services collect information from you, including, but not limited to, personally identifiable information, technical information, aggregate information, and information related to your reading activities (the “Collected Information”). Our Privacy Policy explains how we collect, use, or distribute any personal information collected and how we protect your privacy when you use our Services. For more information, please see our full Privacy Policy at https://luca.ia/privacy_policyRestrictions on Use
You may access and use our Services made available to you, only as long as you comply with the Terms and applicable law. You may view, listen to, or otherwise use our Content only for your personal use, and not for any commercial use.The following restrictions apply to your use of our Services. You are not allowed to:
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of our Services or any Content, except: (a) as expressly authorized by the Services; or (b) with prior written permission from us, and if applicable, the respective tight holders;
- circumvent, disable, fraudulently engage with, or otherwise interfere with any part of our Services (or attempt to do any of these things), including security-related features that (a) prevent or restrict the copying or other use of our Content or (b) limit the use of our Services or Content;
- remove the copyright or trademark notice from any copies of Contend made under the Terms;
- access the Services using any automated means (such as robots, botnets, offline readers or scrapers) except (a) in the case of public search engines; or (b) with our prior written permission;
- Use data mining, robot, spider, scraping or similar automated data gathering, extraction or publications tools for any purpose;
- misuse of any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
- use the Services to view or listen to Content other than for personal, non-commercial use;
- impersonate LUCA or any of our employees or contractors, or misrepresent your affiliation with LUCA or any of our employees or contractors;
- hack or otherwise harm our Services or attempt to hack or otherwise harm our Services.
You may not reproduce, copy, modify, create derivative works from or communicate or make any of the Content available to third parties without our prior written consent.
4. Ownership of Services, Content & Collected Information
“Student Data” is any information (in any format) that is directly related to any identifiable current or former student that is maintained by a school and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”) that schools provide to us. While we may nee to access Student Data to provide our Services to use and to improve our Services, schools own the Student Data and remain responsible for it.
Except for Student Data, our Services, including, but not limited to, any specific functionalities of our Services (including past, present, and future versions), our Content, the Collected Information and all rights related to the above are owned and controlled by us, and our Content is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. Using our Services does not give you ownership of or rights to any aspect of our Services, including usernames or any other Content posted by us. We own the account you use to access the Services along with any right of access or rights to data stored by or on behalf of LUCA on our servers (except with respect to any Student Data that we may be storing for you), including, but not limited to, any data representing any or all of your Collected Information. We have the right to manage, control and even remove or eliminate your Collected Information, except that LUCA may only use Student Data as permitted by this Agreement and applicable law.
***YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT, INCLUDING, BUT NOT LIMITED TO, THE COLLECTED INFORMATION, RESIDING ON OUR SERVERS MAY BE DELETED AT ANY TIME AND ANY REASON IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIM, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS. SCHOOLS MUST KEEP COPIES OF YOUR STUDENT DATA, AND YOU SHOULD NOT RELY ON US TO PROVIDE COPIES OF OR ACCESS TO YOUR STUDENT DATA.***
5. Limited License
Subject to your strict compliance with the Terms, we grant you a limited, non-exclusive, revocable (at any time and for any reason), non-assignable and non-transferable license (“License”) to access, display, view, and use our Services and Content; provided, however, we agree to allow parents of a Child User to grant a free sub-license to access, display, view, and use the Services and Content to a Child User. If you are the parent or guardian of a Child User that is under the age of 18, you must review, complete, sign and return our COPPA Parent/Guardian Consent https://luca.ia/consent before allowing any such Child User to access our use our Services. Only you and the Child User(s) with the sub-license(s) granted by you can access, display, view, and use our Services and Content. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Content without our express prior written permission.
If you send us ideas, suggestions, reviews or comments about our Services, you agree that me may freely use or reference those ideas and comments and we do not owe you any payment or have any other obligation of any kind for such ideas or comments.
6. Develop, Improve and Update our Services
LUCA is constantly changing, altering, and improving our Services. As part of our continual evolution, we make modifications or changes to all or part of our Services such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones, We may also need to alter or discontinue our Services, or any part of them, in order to make performance or security improvements, make changes to comply with applicable laws and regulations, or prevent illegal activities on or abuse of our systems. These changes may affect all user, some users or only a single user. When the Services requires or includes downloadable software, that software may update automatically on your device once a new feature or version is available, subject to your device settings. If we make material changes that negatively impact your use of our Services, we will provide you with reasonable notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
7. Termination
We reserve the right to discontinue the Services or suspend or terminate your access to them, including any accounts or Collected information, at any time, without notice, for any reason and without any obligation or liability to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or otherwise violates these Terms, then we may suspend or terminate your Account or deny you access to all or part of the Services. Upon suspension or termination of your access to the Services, or upon notice from us, your License to use the Services will terminate immediately.
8. Communications
By accessing or using our Services, you agree to receive occasional email and text notifications from us regarding your account details and your use of our Services. You will also be placed on the mailing list to receive our marketing and promotional emails that provide additional resources and news about our Services. When you communicate with us electronically, such as through email or a communication tool related to our Services, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications must be in writing.
9. Third-Party Links
The services may contain links to third-party websites and online services that are not owned or controlled by us. We have no control over, and assume no responsibility for, such websites and online services. When you leave our Services, you should read the terms and privacy policy of each third-party website and online service that you visit.
10. Governing Law/Jurisdiction
All claims arising out of or relating to these Terms or our Services will be governed by Pennsylvania law, except Pennsylvania’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Allegheny County, Pennsylvania, USA. You and LUCA consent to personal jurisdiction in those courts.
11. Disclaimer of Representations and Warranties
***YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK.***
***OTHER THAN AS EXPRESSLY STATED IN THE TERMS OR AS REQUIRED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. LUCA, OUR AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “LUCA PARTIES”) DO NOT MAKE ANY SPECIFIC COMMITMENTS, REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, OR PROMISES ABOUT OUR SERVICES. FOR EXAMPLE, THE LUCA PARTIES DO NOT MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH OUR SERVICES; (B) THE SPECIFIC FEATURES OF THE SERVICE OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY OF YOUR COLLECTED DATA WILL BE ACCESSIBLE ON OUR SERVICES.***
***EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.***
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.
12. Limitation of Liability
***TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LUCA PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES, USE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, ANTICIPATING SAVINGS, AND OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR SERVICES. UNDER NO CIRCUMSTANCES WILL THE LUCA PARTIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.***
***TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LUCA PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNATHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY MALICIOUS SOFTWARE AGENTS THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) CONTENT YOU CREATE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL THE LUCA PARTIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LUCA HEREUNDER OR $100.00, WHICHEVER IS GREATER.***
***EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.***
***THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF THE LUCA PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY. ADDITIONALLY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.***
13. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the LUCA Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of the Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, (iv) your violation of any applicable law, rule or regulation, including the Children’s Online Privacy and Protection Act (“COPPA”); any content or information that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code. This defense and indemnification obligation will survive this Agreement and your use of the Service.
14. Operation of Services; International Issues
The Services are controlled and operated from facilities based in the United States of America, and we make no representations that they are appropriate or available for use in other locations. If you access or use the Services from other jurisdictions, you understand that you’re entirely responsible for compliance with all applicable United States and local laws and regulations.
15. Severability; Interpretation
If any provision of these Terms, is for any reason deemed unenforceable by a court or arbitrator, you agree that every attempt will be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement will continue in full force and effect. You agree that these Terms will not be construed against us because we drafted them.
16. Assignment
The Terms and any rights and licenses granted here under, may not be transferred or assigned to you, except as set forth in Section 5 (Limited License) of the Terms.
17. No Waiver
If you fail to comply with the Terms and we do not take immediate action, this does not mean that we are giving up or waiving any rights that we may have (such as the right to take action in the future).
18. Updates to Terms
We reserve the right to modify the Terms from time to time in our sole discretion (“Updated Terms”). If we materially change the Terms. We’ll provide you with reasonable notice and the opportunity to review the changes, except (1) when we launch a new product, service or feature, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
19. Survival
In the event of any termination of the Terms, whether by you or us, the following sections of the Terms will continue in full force and effect: Section 3 (Your Use of the Services, (Section 4 (Ownership of Services, Content & Collected Information), Section 7 (Termination), Section 9 (Third Party Links), Section 10 (Governing Law/Jurisdiction), Section 11 (Disclaimers of Representations & Warranties), Section 12 (Limitation of Liability), Section 13 (Indemnity), Section 14 (Operation of Services; International Issues), Section 15 (Severability; Interpretation), Section 16 (Assignment), Section 17 (No Waiver), Section 18 (Updates to Terms), Section 19 (Survival), and Section 20 (Entire Agreement).
20. Entire Agreement
The Terms constitute the entire agreement and understanding between you and us concerning the subject matter of the Terms and supersedes all prior agreements and understandings of the parties with respect to the subject matter. The Terms may not be altered, supplemented, or amended by the use of any other document(s), except (i) in accordance with Section 19 of the Terms (Updates to Terms), or (ii) otherwise agreed to in writing signed by you and us. To the extent that anything in or associated with the Services is in conflict or inconsistent with the Terms, the Terms shall take precedence.
21. Contact Us
If you have any questions about the Terms, please contact us by email at info@luca.ai.