SmartFi Kids — Privacy Policy
June 13, 2026 · Solmere Labs LLC · Solmere Worlds Foundation · smartfikids.org
This policy explains what we collect from children, parents, and educators, why we collect it, how long we keep it, and what you can do about it. Section 4 is the notice required for children under 13. Section 14 is our published data retention schedule. If you only read one thing, read Section 3 — it explains which rules apply to your situation.
A Plain-Language Summary
This summary is for convenience. The sections below control.
- We collect as little as we can. A child's account needs a first name or initial, a grade band, and a login — not a full identity.
- We never sell student data, and we never show advertising to children. No ad networks, no ad trackers, no marketing profiles.
- We never use student work or student information to train third-party AI models.
- A child's work belongs to the child and family. In a school, it belongs to the school. It does not belong to us.
- Parents can review, correct, or delete their child's information at any time, and can withdraw consent.
- In schools, the district controls the data and we act under its direction as a school official under FERPA.
- We publish exactly how long we keep each kind of information (Section 14), and we delete it when that period ends.
1. Who We Are
SmartFi Kids is a K–12 financial literacy education platform operated by Solmere Labs LLC, a limited liability company with its principal place of business in Oklahoma.
For the purposes of the Children's Online Privacy Protection Act, the operator of the Service is Solmere Labs LLC, reachable at privacy@smartfikids.org and at the postal address in Section 20.
The current version of this policy is published at smartfikids.org/privacy. It covers the SmartFi Kids websites, web and mobile applications, games and simulations, assessments, downloadable curriculum materials, and related services (the "Service"). It is incorporated into our Terms of Service, and the two documents are meant to be read together. Where they conflict on a privacy question, this policy controls.
2. What This Policy Does Not Cover
- Third-party websites we link to. We review linked resources in child-facing areas for age-appropriateness, but their privacy practices are their own.
- Information a school collects directly in its own systems.
- Purchases made through the Apple App Store or Google Play, which those companies process under their own policies.
3. How SmartFi Kids Is Used
Almost every question about your rights depends on which of these applies to you.
3.1 Family accounts
A parent or legal guardian registers and pays. We are the party responsible for the personal information collected, and we answer directly to the parent. Sections 4, 7, and 8 govern.
3.2 School and district accounts
A school or district authorizes the Service for its students. We handle student data on behalf of and under the direction of the school, as a school official with a legitimate educational interest under the Family Educational Rights and Privacy Act, 34 C.F.R. § 99.31(a)(1). The school controls the records. We do not use student information for any purpose the school has not authorized, and we do not decide on our own to disclose, repurpose, or retain it. Section 9 governs, and parents in a school deployment should direct access and deletion requests to the school in the first instance; we will support the school in responding.
3.3 Free materials from Solmere Worlds Foundation
Some curriculum materials are distributed at no cost by Solmere Worlds Foundation. Where the Foundation is the provider of a material, the Foundation is the operator for that material and this policy applies to it on the same terms, with the Foundation reachable through the contacts in Section 20.
Free materials are for adults to download and use with learners. We do not create child accounts, collect information from children, or require a child to interact with us in order to provide them. If we ask for an email address to deliver a download or to send occasional updates, that is an adult's address, it is optional wherever the material can be delivered without it, and you may unsubscribe at any time. Downloading free materials does not create a paid account and does not add you to any marketing list without your separate agreement.
4. Notice for Children Under 13 (COPPA)
This section is the direct notice required by the Children's Online Privacy Protection Rule, 16 C.F.R. Part 312.
- Operator. Solmere Labs LLC, privacy@smartfikids.org, postal address in Section 20.
- What we collect from a child. A first name or initial, a display name or avatar, a grade or band, login credentials, learning progress and activity records, responses to lessons and assessments, and work the child creates in the Service. We also collect a limited set of technical identifiers described in Section 5.4.
- How we use it. Only to deliver instruction, save progress, show that progress to the child's parent or teacher, keep the account secure, and support the family. The full list is in Section 6.
- Whom we disclose it to. Categories of recipients and their purposes are listed in Section 10. We do not disclose a child's personal information to any third party for a purpose that is not integral to providing the Service without obtaining separate verifiable parental consent for that disclosure.
- Parental consent is required. We will not collect personal information from a child under 13 for a family account before obtaining verifiable parental consent. In a school deployment, the school may provide that consent for the educational context, as described in Section 9.
- Participation is not conditioned on excess information. We do not require a child to disclose more personal information than is reasonably necessary to participate in an activity.
- Parental rights. A parent may review the information collected from their child, have it corrected or deleted, refuse to permit further collection or use, and withdraw consent at any time. Section 8 explains how.
- Retention. We do not keep a child's personal information indefinitely. Our published retention schedule is in Section 14.
5. Information We Collect
5.1 From children
Account and profile: first name or initial, display name or avatar selection, grade or developmental band, and login credentials. We do not require a child's last name, date of birth, home address, phone number, or photograph.
Learning data: lessons started and completed, time on task, responses to practice items and assessments, scores against the mastery rubric, earned coins and badges, and progress across units.
Student work: written responses, budgets, drawings, project files, reflections, and similar material the child creates in the Service.
5.2 From parents and guardians
Name, email address, and a password; the relationship to the child; the record of verifiable parental consent, including the method used and the date; communication preferences; and support correspondence.
If you purchase a subscription, our payment processor collects and processes your payment details. We receive only a transaction identifier, the last four digits of the card, and the billing outcome. We never store full payment card numbers, and no child can initiate a payment in the Service.
5.3 From educators, schools, and districts
Educator name, work email, school or district, role, and class or roster assignments; the student roster fields the institution chooses to provide, which we ask to be limited to what is reasonably necessary; and administrative and support correspondence.
5.4 Collected automatically
When anyone uses the Service we receive a limited set of technical data: IP address, device and browser type, operating system, application version, referring page, timestamps, crash and error diagnostics, and a session identifier.
In child-facing areas, persistent identifiers are collected only for support for the internal operations of the Service, as that term is used in the COPPA Rule. Specifically, they are used to: maintain the login session; remember where a learner left off; balance server load and deliver content; detect, diagnose, and fix errors; and detect fraud, abuse, and unauthorized access. They are not used to build a profile of a child, to serve or measure advertising, or for any purpose unrelated to operating the Service. Access is restricted to engineering and security staff who need it, and the retention limit in Section 14 applies.
5.5 What we do not collect
We do not collect, from anyone using the child-facing Service:
- precise geolocation;
- biometric identifiers, including voiceprints, faceprints, and fingerprint data;
- contacts, calendars, photo libraries, or microphone or camera input;
- advertising identifiers or cross-site tracking identifiers;
- a child's social media handles or accounts; or
- information about a family's actual income, debts, accounts, or financial holdings. Our activities use fictional scenarios by design. We never ask a student what their family earns, owes, or owns.
6. How We Use Information
- To deliver instruction, save progress, and adapt pacing within the curriculum.
- To show a learner's progress to that learner, their parent or guardian, and their assigned educator.
- To generate reports and rosters for educators and schools.
- To authenticate users, keep accounts secure, and detect and prevent fraud, abuse, and unauthorized access.
- To provide customer and technical support and to communicate with the adult account holder about the account, security, and service changes.
- To process subscription payments and maintain financial records, using adult information only.
- To diagnose faults and improve the reliability and accessibility of the Service.
- To evaluate and improve the curriculum, and to publish research — using aggregated or de-identified data only, as described in Section 12.
- To comply with law and with the terms of any grant or contract under which we operate.
We do not use personal information for any materially different purpose without providing notice and, where the information belongs to a child under 13, obtaining new verifiable parental consent.
7. Verifiable Parental Consent
For family accounts, we obtain verifiable parental consent before collecting personal information from a child under 13. Depending on the registration path we use a method permitted by the COPPA Rule, which may include a monetary transaction on a credit or debit card with notification of the transaction, a signed consent form returned electronically or by post, a telephone or video call with trained personnel, or another method the Rule permits.
Separate consent for third-party disclosure. Consent to collect information is not consent to disclose it. Where we would disclose a child's personal information to a third party for a purpose that is not integral to providing the Service, we obtain separate verifiable parental consent for that specific disclosure. In practice we do not make such disclosures; if that ever changes, we will ask first.
We keep a record of each consent, including the method and date, so that we can demonstrate compliance. Section 14 states how long.
8. Parental Rights and How to Use Them
At any time, a parent or legal guardian may:
- Review the personal information we have collected from their child;
- Correct information that is inaccurate;
- Delete their child's personal information;
- Refuse to permit our further collection or use of it; and
- Withdraw consent, which will end the child's ability to use the Service.
Send requests to privacy@smartfikids.org. We verify the identity of the requester before acting, using a method proportionate to the sensitivity of the request, and we respond within thirty (30) days. Where more than one response period in this policy could apply to the same request, the shorter period governs. We do not charge for these requests and we do not penalise anyone for making one.
If your child uses SmartFi Kids through a school, please direct the request to the school first. The school controls those records and we act on its instruction; we will help the school respond promptly.
9. Schools, Districts, and Student Records
9.1 FERPA
We act as a school official with a legitimate educational interest under 34 C.F.R. § 99.31(a)(1). We use education records only to provide and support the Service under the school's direct control, we do not redisclose them except as the school directs or the law requires, and we do not retain them beyond what the school authorizes.
9.2 School-authorized consent under COPPA
Where a school authorizes the Service for a school-directed educational purpose, the school may provide consent on behalf of parents. That authority extends only to the educational context. We do not use student personal information collected through a school account for advertising, marketing, product promotion, or any other commercial purpose. We provide schools with plain-language notice materials to share with families.
9.3 State student privacy laws
We comply with applicable state student data privacy laws, which may include the Oklahoma Student Data Accessibility, Transparency and Accountability Act, California's Student Online Personal Information Protection Act, and New York Education Law § 2-d. Where a state, district, or consortium requires a data privacy agreement, rider, or exhibit, we will negotiate and execute one, and it controls over this policy where they conflict. For New York districts we supply the Parents Bill of Rights for Data Privacy and Security and the supplemental information that law requires.
9.4 Protection of Pupil Rights Amendment
Our activities are built on fictional, scenario-based situations rather than questions about a student's own family finances. We do not administer surveys collecting the categories of protected information described in the Protection of Pupil Rights Amendment, 20 U.S.C. § 1232h, without the school's direction and any parental notice, inspection right, or consent the law requires.
9.5 Directory information
We do not designate, publish, or disclose any student information as directory information. That determination belongs to the school and we make no such disclosures on our own.
10. When We Disclose Information
We disclose personal information only in the circumstances below. The categories of recipients, the purpose of each disclosure, and whether student data is involved are set out here. A current list of named service providers that process student data is maintained at smartfikids.org/subprocessors and is available to parents and schools on request.
| Category of recipient | Purpose | Student data involved? |
|---|
| Cloud hosting and storage | Runs the Service and stores account and learning data in the United States | Yes — under written data protection terms |
| Content delivery network | Delivers images, audio, and game assets efficiently | Limited — IP address in transit only |
| Error and performance monitoring | Detects and diagnoses faults and crashes | Limited technical data; no student work |
| Transactional email delivery | Sends account, consent, security, and billing messages to adults | No — adult contact information only |
| Payment processing | Processes adult subscription payments | No |
| Customer support tooling | Records and resolves support requests | Only where an adult includes it in a request |
| School or district (school accounts) | Returns the institution's own student records to it | Yes — at the school's direction |
| Code Provider (school, library, partner) | Reports use of a code it issued | School-issued codes: limited to the school's educational purpose. All other codes: aggregate or de-identified only |
Public display of student work. We do not publish a student's work publicly or show it to other families. If we ever wish to feature student work in a gallery, case study, research publication, or marketing material, we request separate, specific, written permission first — from the parent or guardian for a family account, or from the school for a school account. Permission may be declined without consequence and withdrawn later.
Every service provider is bound by written contract to protect personal information consistent with this policy, to use it only to provide services to us, not to sell or share it, and to delete or return it on request. We obtain written assurances of confidentiality and security before disclosing children's information to any recipient.
We may also disclose information: to comply with a law, subpoena, or valid legal process; to protect the safety of a child or any person; to enforce our Terms of Service; and in connection with a merger, acquisition, or sale of assets — in which case the successor is contractually bound by the commitments in this policy, and we will give notice before student information is transferred.
11. What We Never Do
These are commitments, not preferences.
- We do not sell, rent, or trade personal information, including student personal information.
- We do not display third-party advertising anywhere in the Service.
- We do not serve behavioral, targeted, or interest-based advertising to any user.
- We do not embed advertising networks, advertising SDKs, or advertising trackers in child-facing experiences.
- We do not build a profile of a student for any purpose other than supporting that learner's education.
- We do not use student personal information to market to students or their families.
- We do not use student personal information or student work to train third-party artificial intelligence models.
- We do not condition a child's participation on disclosing more information than is reasonably necessary.
We may send service, security, and account messages to the adult account holder, and marketing messages only to adults who have separately asked to hear from us. Those always carry an unsubscribe link.
12. Aggregated and De-Identified Data
We create aggregated and de-identified data from use of the Service and use it to evaluate and improve the curriculum and to publish research. De-identified data carries no reasonable means of identifying a person. We do not attempt to re-identify it, we do not permit others to do so, and we require that commitment by contract from anyone who receives it.
Where a research funder or partnering institution requires that de-identified study data be shared or deposited in a repository, we may do so, using only data de-identified to the standard that funder or institution requires and subject to any data privacy agreement with the school. Research involving human subjects — meaning a systematic investigation designed to develop or contribute to generalizable knowledge, as defined at 45 C.F.R. Part 46, whether or not we intend to publish it — is reviewed and approved by an Institutional Review Board or equivalent body before data collection begins, with separate informed consent from a parent or guardian and, where applicable, student assent. Research participation is never a condition of using the Service.
13. Cookies, Analytics, and Similar Technologies
In child-facing areas we use only strictly necessary cookies and local storage — those that keep a learner signed in, remember progress within a session, and protect against fraud and abuse. We do not use advertising cookies, cross-site trackers, social media pixels, or third-party behavioral analytics in these areas.
In adult-facing areas, including the marketing site and the parent and educator dashboards, we may additionally use privacy-protective analytics to understand which pages are useful. Where consent is required for such technologies, we ask for it and you may decline without losing access.
Global Privacy Control. We honor the Global Privacy Control signal where your browser sends one. Because we do not sell or share personal information, the signal does not change what we do, but we recognize it.
14. How Long We Keep Information
This is our published data retention policy. We keep personal information only as long as reasonably necessary for the purpose for which it was collected, and we do not keep children's personal information indefinitely. At the end of each period below, information is deleted or irreversibly de-identified using reasonable measures.
| Information | Why we keep it | How long |
|---|
| Child profile and login | Operate the account | Life of the account, then deleted within 45 days of closure |
| Learning progress and activity | Show progress to learner, parent, and educator | Life of the account, then deleted within 45 days of closure; in school accounts, per the school's instruction |
| Student work | Deliver the Service and return work to its owner | Until deleted by the user, parent, or school, and in any case within 45 days of account closure |
| Parent or guardian account details | Administer the account and communicate | Life of the account, then deleted within 45 days of closure |
| Record of verifiable parental consent | Demonstrate COPPA compliance | 3 years after the account closes, then deleted |
| Educator and school account details | Operate the school deployment | Per the school agreement; by default, life of the account plus 45 days |
| Support correspondence | Resolve and audit support issues | 24 months from the last message |
| Payment and billing records (adults only) | Accounting, tax, and chargeback obligations | 7 years, as tax law requires |
| Server, access, and security logs | Security, abuse prevention, and fault diagnosis | 30 days on a rolling basis, then deleted or aggregated |
| Aggregated and de-identified data | Improve the curriculum and publish research | Indefinitely, in de-identified form only |
| Records required under a grant or contract | Comply with award terms, including 2 C.F.R. § 200.334 | 3 years after the final expenditure report, then deleted |
| Backup copies | Disaster recovery | Purged on a rolling 35-day cycle |
Two clarifications. Backups are purged on the schedule above rather than on demand, so a deleted record may persist briefly in a backup before it is overwritten. Records retained under a grant or contract are held only for that purpose, are not used to operate the Service, and are deleted when the required period ends.
After termination of an account, you may request an export of account data in a commonly used, machine-readable format for thirty (30) days. Schools may request export or deletion at any time.
15. How We Protect Information
We maintain a written information security program covering the collection, use, and maintenance of children's personal information. It is reviewed at least annually and after any material change to our systems, and it includes a documented risk assessment, designation of an individual accountable for the program, and evaluation of the safeguards below.
- Encryption of data in transit and at rest.
- Role-based access control, with access limited to personnel who need it for their work.
- Multi-factor authentication for administrative access.
- Separation of production data from development and test environments.
- Logging and monitoring of access to student data.
- Background-appropriate onboarding and periodic privacy and security training for staff with access.
- Written security and confidentiality assurances from every service provider that receives personal information.
No system is perfectly secure and we do not promise that unauthorized access will never occur. If we confirm a security incident affecting personal information, we will notify affected account holders and, for school deployments, the school without undue delay and in any event within seventy-two (72) hours of confirmation, describe what happened and what we are doing, and cooperate with the school in any notification the law requires.
16. Artificial Intelligence
Where the Service uses artificial intelligence — for example to generate practice items or summarize progress for an educator — the following apply.
- AI-assisted features are identified within the Service.
- Student personal information and student work are not used to train third-party AI models. Where we use a third-party model provider, we contract for no-training handling and, where available, zero retention of any data we send.
- AI output can be wrong. Educator- and parent-facing AI output is a draft for a person to review, not a decision.
- We do not use AI to make automated decisions about a student's grade, placement, discipline, or eligibility. Those decisions remain with the educator or school.
- We do not deploy open-ended conversational AI companions to child users.
17. Your Rights Under State Privacy Laws
Depending on where you live, you may have the right to know what personal information we hold about you, to obtain a copy of it, to correct it, to delete it, to opt out of sale or of targeted advertising, and to be free from discrimination for exercising these rights.
We do not sell personal information and we do not process it for targeted advertising, so there is nothing to opt out of. The other rights are available to everyone regardless of residence — write to privacy@smartfikids.org. We verify identity before acting and respond within the period the applicable law requires, and in any event within forty-five (45) days.
Where we process student information on behalf of a school, we act as that school's service provider. We will forward a request we receive directly to the school and support its response rather than acting unilaterally on records the school controls.
You may appoint an authorized agent to act for you. If a request is denied, you may appeal by writing to privacy@smartfikids.org with the word "Appeal" in the subject line; we will respond to an appeal within forty-five (45) days and, if we maintain the denial, tell you how to contact your state attorney general.
18. Learners Aged 13 to 17
Accounts for learners aged 13 to 17 are created and authorized by a parent, guardian, or school rather than by the learner. We apply the same protections to these accounts that we apply to accounts for children under 13: no advertising, no sale of data, no commercial profiling, and no AI training on their work. A parent, guardian, or school may exercise the rights in Section 8 on their behalf, and an older learner may ask us directly to review or correct their own information.
19. Where Information Is Held
We store and process personal information in the United States. If you access the Service from outside the United States, you understand that your information will be transferred to and processed in the United States, where privacy laws may differ from those of your country. The Service is designed for United States schools and families and is not offered to children in the European Economic Area or the United Kingdom.
20. Changes to This Policy, and How to Reach Us
20.1 Changes
If we make a material change to this policy, we will post the updated version, note the revision date, and give at least thirty (30) days' advance notice by email to the account holder and by notice in the Service, with a summary of what changed.
If a change would materially alter what we collect from a child under 13, how we use it, or to whom we disclose it, we will obtain new verifiable parental consent before applying the change to that child's information. Notice alone is not enough for changes of that kind, and we will not apply them retroactively to information already collected.
20.2 Contact
Solmere Labs LLC (SmartFi Kids) · 611 South DuPont Highway, Suite 102, Dover, Delaware
20.3 If you are not satisfied
Write to us first — we would rather fix it. You may also contact the Federal Trade Commission at ReportFraud.ftc.gov, your state attorney general, or, if you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, telephone (800) 952-5210.
21. Intellectual Property Notices
SmartFi Kids™, Worthia™, and EARN Model™ are trademarks of Solmere Labs LLC. An application for SMARTFI KIDS is with the United States Patent and Trademark Office; no claim of federal registration is made until a registration certificate issues.
Copyright in the Worthia character artwork and in the EARN Model curriculum materials is held by the respective author[s] and is used by Solmere Labs LLC under license or assignment. Applications for registration are pending with the United States Copyright Office. Nothing in this policy grants any right to use these materials or marks.
SmartFi Kids — Terms of Service
April 13, 2026 · Provided by Solmere Labs LLC · Free curriculum materials provided by Solmere Worlds Foundation · smartfikids.org
Please read these Terms carefully. They form a binding agreement between you and Solmere Labs LLC. Section 29 contains an agreement to resolve most disputes through individual arbitration, with a right to opt out and an exception for schools and public entities. Section 27 limits our liability.
A Plain-Language Summary
This summary is provided for convenience only. It is not part of the agreement, and the full Terms below control.
- SmartFi Kids teaches financial literacy to students in kindergarten through twelfth grade. It is education, not financial advice, and it never involves a child's real money.
- A parent, legal guardian, or authorized school must create and approve every account for a user under 18. Students do not sign up on their own.
- We do not sell student data. We do not show advertising to children. We do not use student information to build marketing profiles.
- Coins, badges, and rewards inside SmartFi Kids are earned through learning. They cannot be bought with real money and have no cash value.
- Student work belongs to the student and family — or, in a school deployment, to the school. We use it to run the Service, not to sell it.
- You can cancel a paid subscription at any time from your account settings, in no more steps than it took to subscribe.
1. Who We Are and What These Terms Cover
SmartFi Kids is a K–12 financial literacy education platform. The SmartFi Kids websites, web and mobile applications, downloadable curriculum materials, games, simulations, assessments, and related services (together, the "Service") are operated by Solmere Labs LLC, a limited liability company with its principal place of business in Oklahoma ("Solmere Labs," "we," "us," or "our").
Certain curriculum materials are made available free of charge by Solmere Worlds Foundation, an affiliated nonprofit organization (the "Foundation"). Section 11 explains how these Terms apply to Foundation materials.
"SmartFi Kids" is a brand and product name. It is not a separate legal entity. Your agreement is with Solmere Labs LLC.
These Terms of Service ("Terms") form a legally binding agreement between you and Solmere Labs. By creating an account, or by accessing or using any part of the Service, you confirm that you have read and understood these Terms and agree to be bound by them. If you do not agree, do not use the Service.
If you are accepting these Terms on behalf of a school, district, library, or other organization, you represent that you have authority to bind that organization, and "you" means that organization. Where a school, district, or organization has signed a separate written agreement or data privacy agreement with us, that agreement controls over these Terms to the extent of any conflict.
2. Who May Use SmartFi Kids
The Service is designed for learners in kindergarten through twelfth grade, approximately ages 5 through 18, organized into four developmental bands:
- Band 1 — Kindergarten through Grade 2 (approximately ages 5–8)
- Band 2 — Grades 3 through 5 (approximately ages 8–11)
- Band 3 — Grades 6 through 8 (approximately ages 11–14)
- Band 4 — Grades 9 through 12 (approximately ages 14–18)
Every student account must be created and authorized by an adult — a parent, a legal guardian, or an authorized representative of a school or district. Students may not create their own accounts, regardless of age. This applies to students aged 13 through 17 as well as to younger children.
Adults who register for or administer accounts — parents, guardians, teachers, and administrators — must be at least 18 years of age and legally able to enter into a binding contract.
We may refuse, suspend, or close any account we reasonably believe was created in violation of this Section.
3. Children Under 13 — Verifiable Parental Consent (COPPA)
We comply with the Children's Online Privacy Protection Act ("COPPA") and the COPPA Rule.
3.1 Family accounts
Before a child under 13 may use the Service through a family account, we obtain verifiable parental consent from a parent or legal guardian. Depending on the registration path, we may obtain that consent through a monetary transaction on a credit or debit card, a signed consent form returned electronically or by mail, a video or telephone call with trained personnel, or another method permitted by the COPPA Rule.
We collect only the personal information reasonably necessary for a child to participate in the Service, and we do not condition a child's participation on disclosing more information than is reasonably necessary.
3.2 Parent and guardian rights
At any time, a parent or legal guardian may: review the personal information we have collected from their child; direct us to correct or delete it; refuse to permit our further collection or use of it; and withdraw consent. Withdrawing consent will end the child's ability to use the Service. Requests may be sent to privacy@smartfikids.org and we will verify the requester's identity before acting.
3.3 School accounts
Where a school or district provides SmartFi Kids to students for a school-authorized educational purpose, the school may provide consent on behalf of parents, consistent with Federal Trade Commission guidance under COPPA. That authority extends only to the educational context.
We do not use student personal information collected through a school account for advertising, marketing, or any other commercial purpose. Schools remain responsible for notifying parents about the educational technology they authorize, and we will provide plain-language notice materials to support that obligation.
4. Schools, Districts, and Educators
4.1 FERPA and school official status
When we handle student data on behalf of a school or district, we act as a "school official" with a legitimate educational interest under the Family Educational Rights and Privacy Act ("FERPA"), 34 C.F.R. § 99.31(a)(1). We use education records only to provide and support the Service under the direct control of the school, and we do not redisclose them except as the school directs or as the law requires.
4.2 Ownership and control of student records
The school or district — not Solmere Labs — controls the student education records created through the Service. We will export or delete those records on the school's instruction, as described in Section 25.
4.3 State student privacy laws
We comply with applicable state student data privacy laws, which may include the Oklahoma Student Data Accessibility, Transparency and Accountability Act, California's Student Online Personal Information Protection Act (SOPIPA), New York Education Law § 2-d, and comparable laws in other states. Where a state, district, or consortium requires a data privacy agreement, rider, or exhibit, we will negotiate and execute one; that agreement controls over these Terms where they conflict.
4.4 Protection of Pupil Rights Amendment
Some SmartFi Kids activities ask students to reason about earning, spending, saving, and giving. These activities are built around fictional, scenario-based situations rather than questions about a student's own family finances. We do not administer surveys collecting the categories of protected information described in the Protection of Pupil Rights Amendment ("PPRA"), 20 U.S.C. § 1232h, without the school's direction and any parental notice, inspection right, or consent that law requires.
4.5 Educator responsibilities
Schools and educators agree to: supervise student use of the Service; keep account credentials confidential and not share them across classes or staff; provide only the roster data reasonably necessary to operate the Service; enroll only students the institution is authorized to enroll; and promptly notify us of any suspected unauthorized access.
5. What the Service Does
The Service provides age-sequenced instruction and practice in earning, spending, saving, budgeting, borrowing, giving, and financial decision-making. Content is organized so that no concept is introduced before a learner has the cognitive capacity to reason about it.
Depending on the plan, the Service may include lessons and teacher guides, student workbooks and activities, games and simulations, formative and applied assessments, family resources, and progress reporting.
We may update, improve, add to, or discontinue features of the Service. If we permanently discontinue a paid feature that is material to your subscription, Section 13 describes your refund rights.
6. Educational Purpose — No Financial Advice, No Real Money
SmartFi Kids is an educational product. It is not a financial service.
The Service does not:
- provide personalized financial, investment, tax, or legal advice;
- recommend, rate, or evaluate any security, investment, financial product, or financial institution;
- open, hold, manage, or provide access to any real bank, brokerage, custodial, prepaid, or payment account for any child;
- hold, move, or transfer a child's real money; or
- replace advice from a qualified professional.
Solmere Labs is not a bank, a broker-dealer, a registered investment adviser, a money transmitter, or a fiduciary, and nothing in the Service creates any such relationship.
All coins, balances, wages, prices, markets, and transactions inside SmartFi Kids are simulated and exist only within the learning environment. They have no monetary value and cannot be redeemed, exchanged, transferred, or withdrawn.
Educational content is general in nature and may not reflect a particular family's circumstances, tax position, or jurisdiction. Financial products, rates, and laws change. Parents, guardians, and educators should supervise how learners apply what they learn and should consult a qualified professional for personal financial decisions.
7. Accounts and Security
You agree to provide accurate, current, and complete registration information and to keep it updated; to keep account credentials confidential; and to accept responsibility for activity that occurs under your account. You may not share credentials with anyone outside your household or authorized school staff, and you may not use another person's account.
Notify us promptly at security@smartfikids.org if you believe an account has been accessed without authorization.
We maintain commercially reasonable administrative, technical, and physical safeguards designed to protect personal information, including encryption of data in transit and at rest, role-based access limited to personnel who need it, and regular review of our security practices. No system is perfectly secure, and we do not guarantee that unauthorized access will never occur.
If we confirm a security incident affecting personal information, we will notify affected account holders and, for school deployments, the school without undue delay and in any event within seventy-two (72) hours of confirmation, and we will cooperate with the school in any notification the law requires.
8. Acceptable Use and Child Safety
Because our users are children, the following rules are strict and we enforce them without exception. You may not, and may not permit any user of your account to:
- communicate inappropriately with a child user, or attempt to contact a child user outside the Service;
- request, share, or publish personal contact information — including full name together with address, phone number, email address, social media handle, school name, or photograph — through any open field;
- bully, harass, threaten, demean, or discriminate against any person;
- upload or transmit content that is sexual, violent, hateful, or otherwise inappropriate for a K–12 audience;
- attempt to bypass parental controls, school controls, age gates, or account restrictions;
- impersonate another person, including a teacher, parent, or member of SmartFi Kids staff;
- probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measure;
- scrape, data mine, crawl, or use automated means to extract Service Content, or use the Service or its content to train a machine learning model;
- reverse engineer, decompile, or disassemble any part of the Service, except to the extent that restriction is unenforceable under applicable law;
- resell, sublicense, or provide commercial access to the Service without our written permission;
- interfere with the Service or place undue load on our infrastructure; or
- use the Service for any unlawful purpose.
8.1 Design safeguards
Free-text entry in child-facing areas of the Service is limited by design and, where offered, is filtered. We do not provide open chat, direct messaging between users, or public profiles for child users.
8.2 Reporting
To report a safety concern, contact security@smartfikids.org. We review reports promptly and may suspend an account pending review. We report suspected child sexual exploitation to the National Center for Missing & Exploited Children and to law enforcement as required by law.
9. Student Work and Other Content You Submit
9.1 What you keep
Students, parents, and educators retain ownership of the work they create in SmartFi Kids — written responses, drawings, project files, budgets, reflections, and similar material ("User Content"). In a school deployment, User Content created by students is handled as an education record under the school's control, as described in Section 4.
9.2 What you allow us to do
You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and transmit User Content solely to: (i) operate, deliver, and support the Service for you; (ii) make the work visible to the learner, their parent or guardian, and their assigned educator; (iii) generate progress and reporting features; (iv) maintain backups and protect security; and (v) comply with law.
This license ends when the User Content is deleted, except for backup copies purged on our ordinary retention schedule and copies we are required by law to retain.
9.3 What we will not do
We will not:
- sell, rent, or license User Content;
- publish User Content publicly, or display it to other families;
- use User Content or student personal information for advertising, marketing, or to build a commercial profile;
- use student personal information or student work to train third-party artificial intelligence models (see Section 18); or
- claim ownership of, or take an assignment of, a student's work.
9.4 Public showcases
If we ever wish to feature a student's work publicly — in a gallery, case study, research publication, or marketing material — we will request separate, specific, written permission first. Permission may be given by the parent or legal guardian (family accounts) or by the school (school accounts), may be declined without consequence, and may be withdrawn later.
9.5 Aggregate and de-identified data
We may create and use aggregated or de-identified data derived from use of the Service to operate, evaluate, and improve SmartFi Kids and to publish research under Section 20. We will not attempt to re-identify de-identified data, and we will not permit others to do so.
Where a research funder or partnering institution requires that de-identified study data be shared or deposited in a repository, we may do so, using only data that has been de-identified in accordance with the standards that funder or institution requires, and subject to any data privacy agreement with the school.
9.6 Content standards and removal
You are responsible for User Content submitted through your account and represent that you have the rights necessary to submit it. You may not submit content that is unlawful, infringing, defamatory, harassing, or otherwise contrary to Section 8. We may remove content that violates these Terms and will notify the account holder where practical.
10. Our Intellectual Property
The Service and all content available through it — including the EARN Model curriculum framework, lesson plans, workbooks, activities, assessments and question banks, games and simulations, software, the world of Worthia and its characters (including Bitty, Kofi, Zori, Nuru, and Orin), artwork, audio, text, graphics, and the selection and arrangement of all of the foregoing ("Service Content") — is the property of Solmere Labs LLC, the Foundation, or their licensors, and is protected by copyright, trademark, and other laws.
10.1 License to you
Subject to these Terms and to payment of any applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use Service Content for your own non-commercial educational use or, for schools, for internal instructional use with the students enrolled under your subscription.
10.2 Classroom and household reproduction
Teachers and parents may reproduce printable materials in the quantity reasonably needed for their own enrolled students or children. You may not post materials on a public website or open network, share them with schools or districts not covered by your license, or distribute them for a fee.
10.3 Reserved rights and trademarks
Except as provided in Section 10.4, all rights not expressly granted are reserved. "SmartFi Kids," "Worthia," "Solmere Labs," "Solmere Worlds," "EARN Model," and associated logos and character designs are trademarks or service marks of Solmere Labs LLC or its affiliates, whether or not registered. Use of the Service does not grant you any right to use them.
10.4 Materials developed with public funding
Some materials may be developed, in whole or in part, with federal, state, or philanthropic grant funding. Where that is the case, the rights reserved above are subject to the terms of the award. In particular, a federal awarding agency generally reserves a royalty-free, non-exclusive, and irrevocable right to reproduce, publish, or otherwise use such work for federal purposes and to authorize others to do so, and some awards require that grant deliverables be released to the public under an open license.
We identify materials that carry an open license or a reserved government license at the point of access, and the terms of that license govern those materials notwithstanding anything in this Section. Nothing in these Terms is intended to restrict a right the public or a funding agency holds in those materials.
11. Subscriptions, Billing, and Cancellation
We offer paid plans for families and for schools. Available plans, prices, included features, and billing periods are shown at the point of purchase.
Automatic renewal
Paid subscriptions renew automatically at the end of each billing period, for an equivalent period at the then-current rate, unless cancelled beforehand. At sign-up we disclose the plan, price, billing frequency, and cancellation method. For any subscription with a term of one year or longer, we send a renewal reminder to the email address on file between fifteen (15) and forty-five (45) days before the renewal date. For shorter terms we send a reminder at least seven (7) days in advance. We notify you before any price increase takes effect.
Cancelling
You may cancel at any time from your account settings, using no more steps than it took to subscribe. Cancellation stops future charges; you retain access for the remainder of the period already paid for. Subscriptions purchased through the Apple App Store or Google Play must be cancelled through that store.
Free trials
If we offer a free trial, we will tell you when it ends and what you will be charged if you continue. For any free trial longer than thirty-one (31) days, we send a reminder between three (3) and twenty-one (21) days before it ends. Cancel before the end of the trial to avoid a charge.
Fees and taxes
You agree to pay all fees and applicable taxes incurred under your account at the prices in effect when the charge is incurred. Payment information must be accurate, complete, and current. Non-payment may result in suspension after notice and a reasonable opportunity to cure.
Payment processing
Payments are processed by third-party payment processors under their own terms and privacy policies. We do not store full payment card numbers. We are not responsible for a processor's outage or downtime, though we will work in good faith to resolve any billing error resulting from one.
School and district purchases
Purchase orders, invoicing, and multi-year terms are available to schools and districts. Where a school agreement, quote, or purchase order sets different payment, renewal, or termination terms, that document controls.
13. Refunds
- Thirty-day satisfaction. For a first-time direct purchase of a paid subscription, you may request a full refund within thirty (30) days of the initial charge by writing to billing@smartfikids.org.
- Unintended renewals. If an automatic renewal charge was not one you intended, contact us within thirty (30) days of the charge and we will refund it provided you have not made substantial use of the Service during the renewed period.
- Discontinued features. If we permanently discontinue a paid feature material to your subscription without providing a reasonable substitute, you may cancel and receive a pro-rata refund for the unused portion of the term.
- Other cases. Except as stated above or as required by the law of your jurisdiction, fees are non-refundable and we do not provide credits for partially used periods.
- App store purchases. Purchases made through the Apple App Store or Google Play are refunded by Apple or Google under their own policies. We cannot issue those refunds.
- School contracts. Refunds under a school or district agreement are governed by that agreement.
14. Rewards and Virtual Items
SmartFi Kids uses coins, badges, streaks, and similar rewards as teaching tools. They are earned through learning activity.
We do not sell virtual currency or virtual items — to children or to anyone else. There are no in-app purchases inside the child-facing experience, no randomized reward purchases ("loot boxes"), and no mechanism by which a child can spend real money in the Service.
Rewards have no monetary value, cannot be exchanged for cash or anything of value outside the Service, and cannot be transferred, sold, or traded. We may adjust, reset, or retire rewards as we improve the curriculum, but we will not do so in a way that removes access to learning content you have paid for.
15. Access Codes and Promotion Codes
We may issue codes that can be redeemed for access to the Service ("Codes"). Codes may also be issued by an authorized school, library, or community partner ("Code Provider"). Redeeming a Code means you accept the terms of this Section in addition to the rest of these Terms.
15.1 Codes issued by a Code Provider
A Code Provider may set additional eligibility conditions and may end your use of the Code — for example, a school may end a prepaid subscription for a student who is no longer enrolled. If that happens, you retain control of your account and your data and may subscribe on your own.
15.2 Information shared with a Code Provider
If you redeem a Code from a Code Provider, we may share information about use of that Code with the Code Provider. For a Code issued by a school for a student, that sharing is limited to what the school needs for its educational purpose and is subject to Sections 3, 4, and 16. For all other Codes, we share aggregate or de-identified information only, unless you consent otherwise.
15.3 Terms applicable to all Codes
- Each Code may be redeemed once, has no cash value, and may not be redeemed against a past purchase or an existing subscription.
- Codes may carry expiration dates or overall redemption limits, and we may modify, suspend, or terminate a Code program at any time.
- Reselling or transferring a Code is prohibited; a resold or transferred Code is void.
- We may invalidate a Code, and terminate access obtained through it, if it is redeemed or used in violation of these Terms, and we may bar a user who abusively violates this Section from redeeming future Codes.
15.4 Extended free trial codes
If a Code requires you to select a plan and provide payment details for a subscription that begins after an extended trial, we will disclose that clearly at redemption and remind you before the trial ends. Cancel at least twenty-four (24) hours before the trial ends to avoid a charge. Existing subscribers are not eligible for extended free trial or prepaid Codes.
16. No Advertising and No Sale of Student Data
This commitment is central to how we build SmartFi Kids. We do not:
- display third-party advertising anywhere in the Service;
- serve behavioral, targeted, or interest-based advertising to any user;
- embed third-party advertising networks, advertising SDKs, or advertising trackers in child-facing experiences;
- sell, rent, or trade personal information, including student personal information;
- build a profile of a student for any purpose other than supporting that learner's education; or
- use student personal information to advertise or market to students or their families.
We may send service, security, and account communications to the adult account holder, and we may send marketing communications to adults who have separately asked to hear from us. Those communications always include an unsubscribe option.
17. Privacy
Our Privacy Policy, available at smartfikids.org/privacy, is incorporated into these Terms by reference. It describes what we collect, why we collect it, how long we keep it, whom we share it with, and the choices available to parents, students, and schools. Where these Terms and the Privacy Policy conflict on a privacy matter, the Privacy Policy controls.
We use a limited set of service providers — including hosting, content delivery, error monitoring, email delivery, and payment processing. We require each by contract to protect personal information consistent with these Terms and our Privacy Policy, to use it only to provide services to us, and not to sell it. A current list of service providers that process student data is available to schools on request.
18. Artificial Intelligence Features
Where the Service uses artificial intelligence — for example to generate practice items, summarize progress, or assist an educator — the following apply:
- We identify AI-assisted features within the Service.
- We do not permit student personal information or student work to be used to train third-party AI models. Where we use a third-party model provider, we contract for no-training and, where available, zero-retention handling of any data we send.
- AI-generated output can be wrong. Educator- and parent-facing AI output is a draft for a person to review, not a decision.
- We do not use AI to make automated decisions about a student's grade, placement, discipline, or eligibility. Those decisions remain with the educator or school.
- We do not deploy open-ended conversational AI companions to child users.
19. Accessibility
We design SmartFi Kids to be usable by students with disabilities and work toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.2, Level AA, which is the technical standard incorporated by Section 508 of the Rehabilitation Act (29 U.S.C. § 794d). We also support our school partners in meeting their obligations under Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act. Accessibility is an ongoing effort and some content may not yet fully conform; where a gap exists we describe it rather than overstate conformance. Accessibility conformance documentation, including a VPAT, is available to schools and funders on request.
If you encounter a barrier, please share on contact@smartfikids.org. We will work with you to provide the content or functionality in an accessible manner.
20. Pilot Programs, Assessment, and Research
20.1 Pilots
From time to time we run classroom pilots. Participation is voluntary, is arranged through a written agreement with the school, and requires the parental notice and consent that the school and applicable law require. A family may decline participation in a pilot without losing access to instructional content the school otherwise provides.
20.2 Assessment data
Pre- and post-assessment results generated in a school setting are education records controlled by the school, as described in Section 4.
20.3 Research and publication
We may publish findings about learning outcomes. Any publication uses aggregated or de-identified data only.
Where we conduct or collaborate on research involving human subjects — meaning a systematic investigation designed to develop or contribute to generalizable knowledge, as defined at 45 C.F.R. Part 46, whether or not we intend to publish it — we obtain review and approval from an Institutional Review Board or equivalent body before data collection begins, and we obtain separate informed consent from a parent or guardian and, where applicable, student assent. Where research is conducted under a grant or in partnership with a school, we follow the human subjects, data management, and records requirements of that award and of the partnering institution.
Participation in research is always separate from, and never a condition of, using the Service. Declining research participation does not affect a learner's access to instructional content.
21. Third-Party Links and Services
The Service may link to websites, resources, or services that we do not own or control. We do not endorse them and are not responsible for their content, practices, or availability. These Terms and our Privacy Policy do not apply to your use of a third-party site.
We review third-party resources linked from child-facing areas for age-appropriateness, but we cannot guarantee that third-party content will remain appropriate. Please report concerns to security@smartfikids.org.
22. Mobile Applications
Subject to these Terms, we grant you a non-transferable, non-exclusive license to download, install, and use one copy of each SmartFi Kids application in object code form on a device you own or control. You may not derive or attempt to derive source code, or reverse engineer, decompile, disassemble, or translate any application, except to the extent that restriction is unenforceable under applicable law. We and our licensors retain all intellectual property rights in the applications.
22.1 Apple App Store
The following applies to applications obtained from the Apple App Store. These Terms are between you and Solmere Labs only, not Apple, and Apple has no responsibility for the applications or their content. Your use must comply with the App Store Terms of Service. Apple has no obligation to furnish maintenance or support. If an application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law Apple has no other warranty obligation. Apple is not responsible for addressing any claim relating to the applications, including product liability claims, regulatory conformity claims, and consumer protection claims. In the event of a third-party claim that an application infringes intellectual property rights, Solmere Labs, not Apple, is responsible for investigation, defense, settlement, and discharge to the extent required by these Terms. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the applications and may enforce them against you.
22.2 Google Play
Applications obtained from Google Play are also subject to the Google Play Terms of Service. Google is not a party to these Terms and has no responsibility for the applications. Refunds for Google Play purchases are handled by Google under its policies.
23. Copyright Complaints
If you believe in good faith that material available through the Service infringes your copyright, you may send a notice under the Digital Millennium Copyright Act to our designated agent, including: an electronic or physical signature of the copyright owner or a person authorized to act for the owner; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing, with enough detail for us to locate it; your address, telephone number, and email address; a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. See 17 U.S.C. § 512(c)(3).
Designated Agent: legal@smartfikids.org
Only copyright infringement notices should be sent to the Copyright Agent. If material of yours was removed and you believe that was a mistake or misidentification, you may send a counter-notice to the same address containing your signature; identification of the removed material and where it appeared; a statement under penalty of perjury of your good faith belief that it was removed by mistake or misidentification; and your name, address, telephone number, and email address, together with a statement consenting to the jurisdiction of the federal court in the district where you reside (or, if outside the United States, the federal court in Delaware) and agreeing to accept service of process from the complaining party.
We forward counter-notices to the original complainant, including the personal information they contain. If the complainant notifies us within ten (10) business days that they have filed an action seeking a court order, we will not restore the material; otherwise we may reinstate it. We terminate the accounts of repeat infringers in appropriate circumstances.
24. Feedback
If you send us ideas or suggestions for improving the Service, we may use them without obligation or compensation to you. You are not required to send feedback, and you should not send us anything you consider confidential or proprietary.
25. Suspension, Termination, and What Happens to Data
25.1 Your right to end
You may close your account, or a child's account, at any time from account settings or by contacting support@smartfikids.org. Parents and guardians may close a child's account at any time.
25.2 Our right to suspend or terminate
We may suspend or terminate access: (a) immediately and without prior notice, if we reasonably believe an account is being used in a way that endangers a child, violates Section 8, breaks the law, or creates a security risk to the Service or other users; (b) for non-payment, after notice and a reasonable opportunity to cure; or (c) for any other material breach of these Terms not cured within thirty (30) days after we give written notice.
We will not terminate a paid school or district subscription mid-term except under (a), (b), or (c). If we discontinue the Service entirely, we will give at least ninety (90) days' notice and refund the unused portion of prepaid fees.
25.3 Data after termination
For thirty (30) days after termination you may request an export of account data in a commonly used, machine-readable format. Unless the law or a school's instruction requires otherwise, we will delete personal information within forty-five (45) days after the later of termination or a deletion request. Schools may request export or deletion at any time during or after the term.
Two narrow exceptions apply: backup copies are purged on our ordinary retention schedule rather than on demand, and we retain records we are required to keep by law or by the terms of a grant or contract — including financial and programmatic records under a federal award, which generally must be retained for three years after the final expenditure report. Records retained under this paragraph are held only for that purpose, are not used to provide the Service, and are deleted at the end of the required period.
25.4 Survival
Sections that by their nature should survive termination will survive, including Sections 1, 6, 9 (as to licenses granted before termination), 10, 16, 17, 23, 24, and 26 through 34.
26. Disclaimers
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE AND ALL SERVICE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLMERE LABS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL PRODUCE ANY PARTICULAR LEARNING OUTCOME.
THE SERVICE PROVIDES EDUCATIONAL CONTENT ONLY. IT DOES NOT PROVIDE FINANCIAL, INVESTMENT, TAX, OR LEGAL ADVICE, AND SHOULD NOT BE RELIED ON AS SUCH.
Some jurisdictions do not allow the exclusion of implied warranties, so parts of this Section may not apply to you. Nothing in these Terms excludes or limits any warranty or right that cannot lawfully be excluded or limited, including rights under consumer protection law.
27. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLMERE LABS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS IS AN AGGREGATE LIMIT; MORE THAN ONE CLAIM DOES NOT INCREASE IT.
Exceptions. The limitations in this Section do not apply to: (i) our indemnification obligations under Section 28; (ii) our breach of Sections 16 or 17 or of a signed data privacy agreement; (iii) damages arising from our gross negligence, willful misconduct, or fraud; (iv) death or personal injury caused by our negligence; or (v) any liability that cannot be limited under applicable law.
Nothing in this Section limits the rights of a consumer under mandatory consumer protection law. You acknowledge that we have set our prices in reliance on the allocation of risk in these Terms.
28. Indemnification
You agree to defend, indemnify, and hold harmless Solmere Labs LLC, and their officers, members, employees, and agents from third-party claims, and resulting losses and reasonable attorneys' fees, arising out of: (i) your breach of these Terms; (ii) User Content submitted through your account in violation of Section 9; (iii) your use of the Service in violation of law; or (iv) your negligence or willful misconduct.
This obligation does not extend to any claim arising from our own acts or omissions, including any claim that the Service or its educational content is defective, inaccurate, or infringing. We remain responsible for our own product.
Our indemnity to you. We will defend you against a third-party claim that the Service, as provided by us and used as permitted by these Terms, infringes a United States copyright, trademark, or trade secret, and we will pay resulting damages finally awarded or amounts we agree in settlement, provided you notify us promptly, give us sole control of the defense, and cooperate reasonably.
If you are a public school district, public institution, or other governmental entity, this Section applies only to the extent permitted by the law governing that entity, and nothing here requires an appropriation not lawfully made or waives sovereign or governmental immunity.
29. Dispute Resolution
29.1 Talk to us first
Most concerns can be resolved quickly. Before starting a formal proceeding, please send a written Notice of Claim to legal@smartfikids.org or by certified mail to the address in Section 34, describing your name and contact details, the nature and basis of the claim, and the relief sought. Within sixty (60) days of the notice, the parties will hold at least one good-faith settlement conference by telephone or video. An individual must attend personally; an entity must attend through an employee with settlement authority. Counsel may attend.
29.2 Agreement to arbitrate
If the dispute is not resolved, and except as excluded below, any dispute or claim relating to these Terms or the Service and seeking monetary relief will be resolved by binding arbitration on an individual basis. Arbitration is conducted by a single arbitrator, administered by the American Arbitration Association under its Consumer Arbitration Rules, in English. Where those rules conflict with this Section, this Section controls. If the AAA is unavailable, the parties will use another mutually agreed administrator. We will pay any arbitration filing fee that exceeds the fee you would pay to file the same claim in your local court.
29.3 What is excluded from arbitration
- Schools, districts, public agencies, and other governmental entities. Arbitration does not apply to you if you are one, and disputes with you proceed under Section 30.
- Small claims. Either party may bring a qualifying claim in small claims court instead of arbitration.
- Injunctive and urgent relief. Either party may seek non-monetary, injunctive, or urgent relief in court without first arbitrating.
- Claims that cannot be arbitrated as a matter of law, including claims brought by or on behalf of a minor to the extent applicable law limits a minor's ability to agree to arbitration.
29.4 No class arbitration; mass filings
There will be no class or collective arbitration and no joinder of claims, except as provided in the AAA's Supplementary Rules for Multiple Case Filings. If twenty-five (25) or more similar demands are filed against or on behalf of the same or related parties with consistent or coordinated representation, those Supplementary Rules and the AAA's filing requirements for multiple case filings apply. If the class waiver is found unenforceable as to a particular claim, that claim proceeds in court and the remainder stays in arbitration.
29.5 Your right to opt out
You may opt out of this arbitration agreement by emailing legal@smartfikids.org, or writing to the address in Section 34, within sixty (60) days of first accepting these Terms, and including your name and the email address on your account. Opting out has no effect on your use of the Service or on any other part of these Terms.
30. Governing Law and Venue
These Terms are governed by the laws of the State of Delaware, excluding its conflict of laws rules. Subject to Section 29, judicial proceedings relating to these Terms or the Service will be brought in the state or federal courts sitting in New Castle County, Delaware, and both parties consent to personal jurisdiction and venue there.
Public entities. If you are a public school district, public institution, or other governmental entity that is required by law to apply the law of its own state, then the law of that state governs, venue lies in a court of competent jurisdiction in that state, and nothing in these Terms waives any immunity or requires an appropriation not lawfully made.
Consumers. Nothing in this Section deprives a consumer of the protection of mandatory provisions of the law of the state or country in which they reside.
31. Changes to These Terms
We may update these Terms. If a change is material, we will give at least thirty (30) days' advance notice by email to the account holder and by posting notice in the Service and on our website, together with a summary of what changed. Material changes take effect at the end of that notice period, and continued use after that date means you accept them.
If you do not accept a material change, you may cancel before the effective date and, for a prepaid subscription, receive a pro-rata refund for the unused portion of the term. We will not apply material changes retroactively, and changes to Section 29 will not apply to a dispute of which we had notice before the change took effect.
The date at the top of these Terms shows when they were last revised.
32. General Provisions
- Additional terms. Some features carry additional terms, which we will make available before you use that feature. Where they conflict with these Terms, the additional terms control for that feature only.
- Order of precedence. In case of conflict: (1) a signed school, district, or data privacy agreement; (2) additional terms for a specific feature; (3) the Privacy Policy on privacy matters; (4) these Terms.
- Entire agreement. These Terms, together with the documents referenced above, are the entire agreement between you and us on this subject and supersede prior discussions.
- Severability. If a provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the rest remains in effect.
- No waiver. A failure to enforce a provision is not a waiver of it or of any later breach.
- Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or to a successor in a merger, acquisition, or sale of assets, provided the successor is bound by the student data and privacy commitments in Sections 3, 4, 9, 16, and 17. We will give notice of any such assignment affecting student data.
- Third-party beneficiaries. There are none, except Apple and Google as described in Section 22.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.
- Notices. We may send notices to the email address on your account or by posting in the Service. You may send notices to the addresses in Section 34.
- Export and sanctions. You represent that you are not located in, ordinarily resident in, or organized under the laws of a country subject to comprehensive U.S. sanctions; are not listed on any U.S. government restricted-party list, including the Treasury Department's List of Specially Designated Nationals and Blocked Persons; and are not otherwise a target of U.S. sanctions.
- Nondiscrimination. We make the Service available without discrimination on the basis of race, color, national origin, sex, disability, age, religion, or any other basis protected by law, and we support our school partners in meeting their corresponding obligations.
- Language. These Terms were written in U.S. English. If a translation conflicts with the English version, the English version controls. Where we provide a translation of these Terms or of parent-facing notices, we do so to support meaningful access and not to alter their substance.
- Relationship. Nothing here creates a partnership, joint venture, employment, or agency relationship.
33. California Residents
If you are a California resident, under Cal. Civ. Code § 1789.3 you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
34. How to Reach Us
Solmere Labs LLC (SmartFi Kids) · 611 South DuPont Highway, Suite 102, Dover, Delaware
Financial literacy for K–12
The world of Worthia ✨
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