LEGAL
Terms of Service
Last updated: [date at site launch]
1. Agreement.
By creating an account or using the Service, you agree to these Terms (“Agreement”). If you use the Service on behalf of an organization (a “Program”), you represent you have authority to bind it.
2. Eligibility.
You must be at least 18 and an educator, administrator, or other adult professional. The Service is not directed to children and may not be used by children.
3. Accounts.
You are responsible for your credentials and for activity under your account. Program directors are responsible for seats they authorize and may remove seats at any time.
4. Subscriptions and Billing.
Paid plans bill in advance via Stripe, monthly or annually, and renew automatically until canceled. Before you subscribe, we will present the automatic renewal terms (including price, billing frequency, and how to cancel) clearly and in direct connection with your purchase, and will ask for your affirmative consent to those terms. You may cancel online at any time through your account settings using a direct cancellation link, without being required to contact customer service by phone or email; cancellation takes effect at the end of the current billing period. Except where required by law, fees are non-refundable. We may change pricing with at least 30 days’ notice; changes apply at your next renewal.
5. Free Tier.
Limited to one generated activity per verified email address. Anti-abuse limits (including rate and IP limits) apply.
6. AI-Generated Content.
Content generated by the Service is produced by artificial intelligence, is provided “as is,” may contain errors or omissions, and does not constitute professional, educational, medical, or safety advice. You are solely responsible for reviewing content and determining suitability for the children in your care. All activities require continuous adult supervision. Use of the card-generation feature is also subject to the acknowledgment presented the first time you use it, which remains in effect for all future use.
7. Your Content and License.
You retain ownership of information you submit. You grant Maloo a non-exclusive, worldwide, royalty-free license to host, process, and display it as needed to operate and improve the Service. Generated cards are licensed to you for use within your program, including printing and classroom distribution; resale or redistribution of cards as a product is prohibited.
8. Program Accounts and Shared Libraries.
Cards shared to a Program library are accessible to all seats in that Program and remain in the Program library if the contributing educator departs.
9. Acceptable Use.
No unlawful use; no attempts to reverse engineer, scrape, or overload the Service; no submitting personal information about children; no use of outputs to build a competing dataset or service. You represent and warrant, each time you submit information to the Service, that none of it identifies or could identify a specific child, including in any classroom profile field, generated content input, or other submission.
10. Intellectual Property.
Maloo LLC and its licensors own all right, title, and interest in and to the Service, including its software, technology, algorithms, templates, designs, and branding, and all intellectual property rights in them. Except for the limited rights expressly granted in these Terms, including the license to generated cards described in Section 7, all rights are reserved, and nothing in these Terms transfers any ownership interest in the Service to you. You may not use Maloo's name, logos, or trademarks in your own marketing, materials, or communications without our prior written consent, except (a) as necessary to identify the Service as permitted by these Terms, and (b) as they appear on cards or other content generated by the Service, which you may print, distribute, and share as licensed under Section 7. If you submit feedback, suggestions, or ideas about the Service, you grant Maloo a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback for any purpose, without compensation or attribution to you.
11. Third-Party Services.
The Service depends on third-party providers (including Anthropic, OpenAI, PostHog, Stripe, Supabase, Vercel, Resend and Sentry). We are not responsible for their acts or outages.
12. Disclaimers.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. MALOO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MALOO’S AGGREGATE LIABILITY ARISING OUT OF THE SERVICE IS LIMITED TO THE AMOUNTS YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM. MALOO IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR PERSONAL INJURY ARISING FROM YOUR OWN IMPLEMENTATION OF, OR SUPERVISION DURING, AN ACTIVITY. NOTHING IN THIS SECTION LIMITS MALOO’S LIABILITY FOR ITS OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL WRONGDOING, WHICH CANNOT BE LIMITED AS A MATTER OF NEW YORK LAW.
14. Indemnification.
You will indemnify Maloo against claims arising from your implementation of activities, your violation of these Terms, or your violation of law.
15. Termination.
You may cancel your account at any time as described in Section 4. We may suspend or terminate your account, or restrict access to the Service, if you breach these Terms, engage in unlawful or abusive conduct, or fail to pay amounts due after reasonable notice; we may suspend access immediately and without prior notice where we reasonably believe doing so is necessary to prevent harm to the Service, other users, or third parties. Termination does not relieve you of any payment obligations accrued before the termination date. Sections 6, 7, 8, 9, 10, 12, 13, 14, 16, and 17 survive termination of this Agreement.
16. Governing Law; Disputes.
This Agreement is governed by New York law, without regard to conflict-of-laws principles. Except as set out below, any dispute arising out of or relating to these Terms or the Service will be resolved by binding, individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Either party may instead bring an individual claim in small claims court, and Maloo may seek injunctive relief in the state or federal courts of New York County, NY to protect its intellectual property or the security of the Service. Neither party may bring or participate in a class, collective, or representative action, and no arbitrator may consolidate more than one person’s claims. You may opt out of this arbitration provision by emailing legal@heymaloo.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration; opting out does not affect any other provision of these Terms.
17. Amendment.
We may update these Terms with notice; continued use after amendment constitutes acceptance.
