Terms of Service

1. Acceptance of Terms

By accessing or using Learning Wake at learningwake.net (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you are using the Service on behalf of a school or school district, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Service.

2. Description of Service

Learning Wake is an educational technology platform that allows teachers to create digital project boards for students, track student progress in real time, and import student rosters from Google Classroom. The Service is operated by Learning Wake LLC, a California limited liability company.

3. Eligibility and Account Registration

The Service is intended for use by educators, school administrators, and students in K-12 educational settings. To use the Service you must:

• Be at least 18 years old, or be a student using the Service under the supervision of a teacher or school administrator
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us promptly of any unauthorized use of your account

Student accounts are created by teachers or school administrators — students do not self-register. Schools are responsible for ensuring student accounts are created appropriately.

4. School and Educator Responsibilities

Schools and educators using Learning Wake are responsible for:

• Ensuring their use of the Service complies with all applicable federal, state, and local laws, including FERPA, COPPA, and California SOPIPA
• Obtaining all necessary parental consents before creating accounts for students under 13
• Ensuring students use the Service appropriately and in accordance with these Terms
• Maintaining the confidentiality of teacher and administrator login credentials
• Promptly notifying Learning Wake of any suspected security breach or unauthorized access
• Ensuring the accuracy of student information entered into the Service

Schools that require a Data Processing Agreement (DPA) for FERPA compliance may request one by contacting privacy@learningwake.net.

5. Acceptable Use

You agree to use the Service only for its intended educational purpose. You may not:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Upload or transmit malicious code, viruses, or any content designed to disrupt the Service
• Use the Service to harass, bully, or harm any student, teacher, or other user
• Attempt to reverse engineer, decompile, or extract source code from the Service
• Use automated tools to scrape, crawl, or extract data from the Service
• Resell, sublicense, or otherwise transfer access to the Service to any third party
• Use the Service to store or transmit content that violates the privacy rights of students or any other person

We reserve the right to suspend or terminate accounts that violate these acceptable use provisions without prior notice.

6. Student Accounts and Parental Consent

Learning Wake does not knowingly collect personal information directly from children under 13 without appropriate consent. When schools create accounts for students under 13, the school serves as the parental consent agent under COPPA’s school consent exception.

By creating accounts for students under 13 using Learning Wake, the school represents that it has provided appropriate notice to parents and obtained all required consents through its existing technology use agreements.

Parents or guardians who wish to review, correct, or request deletion of their child’s data should contact the child’s school, which will coordinate with Learning Wake on their behalf.

7. Intellectual Property

Our property: Learning Wake, its logo, the platform software, and all related documentation are the intellectual property of Learning Wake LLC. You may not copy, modify, distribute, or create derivative works based on our platform without our written permission.

Your content: You retain ownership of all content you create within the Service, including project boards, task lists, student notes, and teacher feedback. By using the Service you grant Learning Wake a limited license to store and display your content solely for the purpose of providing the Service to you.

Student data: Student data belongs to the student and their school. Learning Wake processes student data only as directed by the school and in accordance with our Privacy Policy.

8. Privacy and Student Data

Our collection and use of personal information, including student data, is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service you agree to the practices described in our Privacy Policy.

We do not sell student data. We do not use student data for advertising. We comply with FERPA, COPPA, and California SOPIPA.

9. Fees and Payment

Learning Wake offers a free trial period followed by paid subscription plans. Current pricing is available at learningwake.net/#pricing.

• Free trial: 30 days, no credit card required
• Single Teacher: $10/month or $99/year
• School Site: $79/month or $749/year
• District: Custom pricing — contact us

Subscriptions are billed in advance on a monthly or annual basis. You may cancel at any time — cancellation takes effect at the end of the current billing period and no refunds are provided for partial periods unless required by applicable law.

We reserve the right to change our pricing with 30 days written notice to active subscribers.

10. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may perform scheduled maintenance, which we will endeavor to announce in advance. We are not liable for any losses resulting from Service downtime or interruptions.

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice to active subscribers.

11. Termination

By you: You may cancel your account at any time by contacting us at contact@learningwake.net. Upon cancellation your data will be retained for 30 days and then permanently deleted unless you request earlier deletion.

By us: We may suspend or terminate your account if you violate these Terms, fail to pay applicable fees, or if we determine that continued service poses a legal or security risk. We will provide reasonable notice except in cases of serious violations.

Effect of termination: Upon termination you will lose access to the Service and all associated data. We will provide a data export upon request submitted within 30 days of termination.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, LEARNING WAKE LLC DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components. We do not warrant any specific educational outcomes from use of the Service.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LEARNING WAKE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF REVENUE, OR LOSS OF EDUCATIONAL OPPORTUNITY, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO LEARNING WAKE IN THE THREE MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Learning Wake LLC and its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising from your use of the Service, your violation of these Terms, or your violation of any applicable law or third-party rights.

15. Governing Law

These Terms are governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved in the state or federal courts located in San Bernardino County, California, and you consent to the personal jurisdiction of those courts.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes we will:

• Update the “Last Updated” date at the top of this page
• Notify active subscribers by email at least 30 days before the change takes effect

Continued use of the Service after the effective date of updated Terms constitutes acceptance of the new Terms. If you do not agree to the updated Terms you must discontinue use of the Service.

17. Contact Us