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Updated September 28, 2024
Welcome to the Boddle (“Boddle,” “we,” “us,” “our”), the website and online practice and assessment platform owned and operated by Boddle Learning, Inc.
By registering for an account for, purchasing a subscription to, or using Boddle, including all the services provided therein, and any other websites, applications, and online services (“Apps”) that link to these Terms of Service (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) and to the collection and use of your information as set forth in the Boddle Privacy Policy, which is incorporated herein by reference, whether or not you are a registered user of our Services. These Terms apply to all visitors, users, and others who access the Service (“Users”). Boddle reserves the right to make modifications to these terms and will provide notice of these changes as described below. Please note that any capitalized terms used, but not defined herein may be defined in our Boddle Privacy Policy.
We collect, store, and use data collected from you in accordance with our Privacy Policy, located here.
The terms and conditions of the Privacy Policy are incorporated into this Terms of ServiceAs between Boddle and you, any personal information that we collect from you that includes any information that is directly related to a student that is maintained by your school district, your school or by us, as part of the provision of Boddle, (“Student Data”) belongs to you and we claim no right, title, or interest in any Student Data that is made available to us. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (FERPA).
In order to use Boddle, you must have:
We do not guarantee that Boddle will be compatible or operate with your browser, Internet provider’s service plan, mobile carrier’s service plan, or any other piece of hardware, software, equipment, or device you use to access Boddle. You are responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, and other system requirements necessary for your access to and use of Boddle. You are also responsible for all third party charges and fees, including to your Internet service provider and mobile carrier, in connection with your access and use of the Services and for complying with any contracts, terms of service agreements, and restrictions associated with such third party services.
We currently provide three types of accounts to individuals or organizations that utilize our Services (each referred to as a “User,” and collectively as “Users”):
Any Parent or Teacher Users linked to a Student User account will have access to the information in that Student User [A1] account, including activities logged both in and outside the classroom. Parent Users and Teacher Users are responsible (jointly and severally) for the actions of Student Users connected to their account and for educating such Student Users on those portions of this ToS that are applicable to such Student Users.
In the course of using the Services, you and other Users may provide content to us which may be used by Boddle to help support and provide the Services (“User Content”), along with personally identifying information that also may be used to help support and provide the Services.
You are responsible for maintaining the confidentiality of your password and Account information. Boddle may allow you to store your login credentials in the platform so that you can be automatically logged in each time you access Boddle. If someone else has access to your computer or mobile device the automatic login feature will allow that person to have access to your Boddle account. You agree that (a) you will provide complete and accurate registration information about yourself and any individual you authorize to access your Account and keep your Account information up to date; (b) you are solely responsible for all activities that occur under your Account; (c) you will notify us immediately of any unauthorized Account use; (d) we are in no way responsible for any loss that you may incur as a result of any unauthorized use of your Account and password; and (e) you will not sell, transfer, or assign your Account or any Account rights. If we learn that an ineligible User has created an Account, we may seek confirmation of the User’s status or deactivate the Account, without notice to the ineligible User.
You must have an account to use Boddle. When you create an account, you may have the option to select a unique username. Your username must be appropriate and not offensive. We reserve the right in our sole discretion to change and disable any account that does not meet our naming standards.
We have the right at all times and without notice to review and audit your access and use of Boddle and your compliance with these Terms. We may suspend or terminate your Boddle account and your access to Boddle at our sole discretion and without liability to you if we believe you have violated these Terms.
We may discontinue or alter any aspect of Boddle, remove content from Boddle, restrict the time Boddle is available, install bug fixes, updates, patches, and other upgrades to Boddle, and restrict the amount of use permitted at our sole discretion and without notice or liability. Your only remedy is to discontinue using Boddle if you do not want a modification we make to Boddle.
We welcome your comments and feedback, regarding your experience with Boddle or any of our other products or services (collectively, “Feedback”). If you share your Feedback, you acknowledge and agree that (i) you have no expectation of review, compensation, or consideration of any type in exchange for any of your Feedback; and (ii) your Feedback will become our property and we will be free to use your Feedback on an unrestricted basis and without compensation or obligation to you.
Boddle is licensed, not sold. All images, trademarks, service marks, and logos displayed in Boddle and all accounts, features, and components of Boddle are our property. Third party materials in Boddle are licensed to us and these third parties may enforce their ownership rights against you if you violate these Terms. Boddle is our copyrighted property and it may not be reproduced, recreated, modified, accessed, or used in any manner or disseminated or distributed to any other party.
You represent and warrant that:
In the event you provide any Feedback to us, you make the following additional representations and warranties:
We use reasonable efforts to maintain Boddle, but we are not responsible for any defects or failures associated with Boddle, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. Your access to and use of the Services is at your sole risk. The Services are provided on an “as is,” “as available,” and “with all faults” basis. Boddle may be inaccessible or inoperable at any time and for any reason.
To the fullest extent allowed under applicable law, we, our affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Boddle Parties”), expressly disclaim and make no representations, warranties, express, implied or otherwise, including, without limitation, warranties of merchantability, title, custom, trade, non-infringement or misappropriation of intellectual property rights of third parties, suitability, integration, currentness, accuracy, and fitness for a particular purpose. We do not warrant and specifically disclaim any representations that (i) Boddle Services will meet your requirements; (ii) that access to or operation or use of Boddle will be uninterrupted or error free; (iii) that defects in the Services, if any, will be corrected; (iv) that results will be timely, accurate, adequate or complete; (v) that the Services or servers that make the Services available are free from any harmful components, (including viruses and other technologies that could adversely impact your internet device); or (vi) whether the use of the Services is lawful in any particular jurisdiction. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent that such jurisdictions’ laws are applicable.
Under no circumstances will we or any Boddle Parties be responsible or liable for any loss or damages of any kind, including, but not limited to, lost profits, lost revenues, financial losses, or indirect, special, consequential, exemplary, or punitive damages, loss of goodwill, or loss of data that are direction of indirectly related to the Services.
The limitations of this section will apply to any theory of liability, whether based on warranty, contract, statute, strict liability, tort (including negligence) or otherwise, and whether or not the events or circumstances were foreseeable and even if any Boddle Parties were informed or should have known of the possibility of any such losses or damages, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BODDLE’S TOTAL LIABILITY FOR ANY CLAIMS OR USE OF THE SERVICES AND YOUR RIGHTS PURSUANT TO THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, EXCEED THE AMOUNT YOU PAID TO US DURING THE PREVIOUS TWELVE (12) MONTHS FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold us and any Boddle Parties harmless from and against all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs, arising out of or in any way connected with (i) your use of the Services; (ii) your breach or alleged breach of these Terms; (iii) your unauthorized use of User Content; (iv) your unauthorized use of the Services or activities in connection with the Services; or (v) your violation of any rights of any other person. Boddle Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Boddle Parties in asserting any available defenses. You will not, in any event, settle any claim without our prior written consent. If any Minor User you authorize to use or access the Services disaffirms any or all of these Terms, you agree to defend, indemnify, and hold Boddle Parties harmless for any damages that Boddle Parties suffer by the Minor User’s disaffirmance.
In accordance with the Digital Millennium Copyright Act of 1998 (the DMCA), our designated agent to receive notices of copyright infringement is our General Counsel, who may be reached by email at contact@boddlelearning.com, or by postal mail at Boddle Learning, Inc., 36 E Cameron St., Tulsa, OK 74103. If you believe that your material has been posted on, or distributed via, the Services in a way that constitutes copyright infringement, please provide the following information as required by the DMCA: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “complaining party”); (ii) identification of the copyright work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party (name, address, telephone number, and email address) has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The DMCA provides that a person who knowingly materially misrepresents that material or an activity is infringing may be subject to liability. We may send the information in the notice from the complaining party to the person who provided the allegedly infringing material.
This Terms of Service is effective until you or Boddle terminates it. You may terminate this Terms of Service at any time by discontinuing your use of Boddle. We may terminate this Terms of Service at any time and for any reason without prior notice to you, and accordingly we may choose to, in our sole discretion, deny you access to Boddle and/or discard any Feedback you provide. Termination of this Terms of Service will not affect any right or relief to which we are entitled at law or in equity. Upon termination of this Terms of Service, you must terminate all use of Boddle and any information or materials that have been provided to you. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Terms of Service.
Some of our Services include paid, but optional, subscriptions. Where a fee is paid for a subscription, we may, in our sole discretion, change the fee to be charged for your next subscription period, provided we first notify you by email in accordance with applicable law.
Activating and maintaining a paid subscription requires either a credit card or other acceptable or approved payment method (for example, through a third-party app store). If you purchase a subscription, you will be responsible for paying all additional applicable fees and taxes. In the event that your credit card or other third-party payment method does not reach us, you agree to pay all amounts due hereunder upon demand, and will be solely responsible for any disputes between your payment provider and us. If your credit card or payment method is denied, we reserve the right to recharge the card or payment method.
All fees are payable in accordance with the payment terms in effect when payment is due. Non-payment of fees for the subscription may prevent you from accessing paid features, as well as platform assets that are exclusively obtained from a paid subscription. Unless otherwise expressly stated otherwise, any fees paid for subscriptions are non-refundable.
We do not directly store credit card information - all credit card information and transactions are handled by third-party payment providers. As a result, Boddle will not be responsible or liable for any breach of security suffered by third-party payment processors.
Upon purchasing a subscription, you agree that we may automatically renew your subscription at the end of your previous subscription term, unless you cancel your subscription prior to the next subscription term. Please refer to the "Refunds & Subscription Cancellation" section below for instructions on how to cancel your subscription. We will charge your credit card, or any third-party method of payment you selected, each year, month or other applicable period (depending on the payment term that you selected) for the then-current applicable price. By subscribing to paid subscriptions, you authorize us to charge your credit card or other acceptable or approved payment third-party payment methods.
Monthly subscriptions do not qualify for refund. You qualify for a partial refund during the first 14 days of a yearly subscription. The yearly subscription’s partial refund amount is $9.99 off the total cost paid and subject to change at Boddle’s sole discretion. A refund will not be granted after 14 days of an annual term. A refund will only be granted by first requesting a refund by email to contact@boddlelearning.com prior to canceling your membership subscription, and the refund amount will be issued to the method of payment used to purchase the membership - no credits will be issued.
We offer the option of canceling your subscription and avoiding future billing online through your parent portal, via our live support team, or by email.
If you purchased your subscription through a third-party app store, cancellations must be processed through that app store's settings. When you cancel your subscription prior to its renewal date, you won't be billed for another subscription period.
You will be able to access premium features for your child’s account for the period of time that has already been prepaid for all accounts. We will not charge you any subscription fees after the expiration of your then-current subscription period if you cancel your account. You will be able to use paid subscription features throughout the remainder of your subscription period. You will also be able to continue to use features that do not require a paid subscription.
“Boddle Bucks” is an in-game currency that users can earn by playing the game or by purchasing. This currency can be used to unlock special in-game items and perks.
You may choose to purchase Boddle Bucks for your child’s account. These Boddle Bucks can be used in the application for obtaining and purchasing exclusive in-game items or perks. Your child can also earn Boddle Bucks by taking certain actions when playing a game. UNLESS OTHERWISE REQUIRED BY LAW, THE DOLLAR VALUE OF YOUR BODDLE BUCKS IS NONREFUNDABLE AND MAY NOT BE REDEEMED FOR CASH. The value on your BODDLE BUCKS is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
Boddle Bucks purchases will not be refunded.
Boddle does not advertise to third-parties, nor do we use/sell any personal identifiable information collected from kids/students to third-parties or services outside of Boddle’s operations. References to our paid membership options may be presented to students, parents, and teachers while they are using Boddle. These references and displays are only for Boddle’s services, and are delivered to all students/players in the same context and placements within Boddle’s services.
When you communicate with us electronically, such as through the Services, you consent to receive all communications from us electronically such as by email or through posting notices to your account. You agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that communication be in writing. Send a written notification to us by certified and registered mail to 36 E Cameron St, Box 8, Tulsa, OK 74103 if you do not want to receive legal notices electronically.
These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Delaware, without reference to its conflicts or choice of law principles. You agree that the sole and exclusive jurisdiction and venue for any and all disputes arising under these Terms will be in any court located in or having jurisdiction in the State of Delaware. You irrevocably submit and consent to the personal jurisdiction of such courts.
We do not make any representation that Boddle, User Content, or other material or information provided through Boddle is appropriate to or available in locations outside of the United States. You may not use Boddle or export User Content in violation of United States export laws, regulations, or restrictions. We control and operate the Services from our headquarters in Tulsa, Oklahoma, USA. If you use the Services from outside of the United States, you are responsible for compliance with all applicable laws. You and Boodle disclaim any application of the Convention on Contracts for the International Sale of Goods.
You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. We have the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of these Terms . i These Terms control the relationship between Boddle and you. These Terms do not create any third-party beneficiary rights.
Our failure to enforce the provisions of these Terms does not constitute a waiver of our right to enforce them.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court, you agree that every effort will be afforded to give effect to the parties’ intentions as reflected in such provision, and the remaining provisions of these Terms will remain in full force and effect.
You may not assign, transfer, delegate, or sell (voluntarily or by operation of law) your rights or obligations under these Terms without our prior written consent. Any assignment without our consent will be void and will be a breach of these Terms. We may assign our rights and obligations under these Terms, in whole or in part, at any time without any notice.
The provisions of these Terms that by their content are intended to survive the expiration or termination of these Terms, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of these Terms, will survive the expiration or termination of these Terms for their full statutory period. If there is a conflict between these Terms and any additional policies, disclaimers, guidelines, or rules of specific application, the additional policies, disclaimers, guidelines, or rules of specific application will control.
We reserve the right to modify these Terms at any time in our sole discretion . You agree that any Updated Terms will be effective immediately upon our posting the changes on the Services or by any other means of electronic notice to you such as by email. If you do not cancel your Subscription to the Services within seven (7) days after receiving notice of Updated Terms as described above, or if you continue to use the Services after receiving notice of Updated Terms, you agree to comply with, and to be bound by, the Updated Terms.
Boddle is designed and operated by Boddle Learning, Inc. All inquiries may be directed to:
Boddle Learning, Inc
36 E Cameron Street, Box 8
Tulsa, OK 74103
contact@boddlelearning.com