AcornSmarts ("the app," "we," "us") is operated by Black Swan Media Solutions LLC. These Terms govern your use of the app and website. Please also read our Privacy Policy, which is part of these Terms.
1. Who may use AcornSmarts
AcornSmarts is a learning tool for children, set up and supervised by an adult. You must be 18 or older to create an account or agree to these Terms. A parent, guardian, or teacher is responsible for the children they add and for supervising their use.
2. What AcornSmarts is — and isn't
AcornSmarts is supplemental practice designed to complement classroom instruction and programs like i-Ready, IXL, and Lexia. It is not a substitute for a school curriculum, a teacher, or professional educational or developmental advice. We work hard to make the content accurate and age-appropriate, but we do not guarantee any specific learning outcome, score, or result.
3. Accounts and plans
You can use AcornSmarts for free without an account. If you create an account for cloud sync or purchase a paid plan, you agree to provide accurate information and to keep your password secure. Paid plans are billed through Stripe; you may cancel at any time, and cancellation stops future billing. Fees already paid are non-refundable except where required by law.
4. Acceptable use
You agree not to: (a) copy, resell, sublicense, or redistribute the app or its content; (b) reverse-engineer, scrape, or attempt to extract the source code, question banks, or datasets; (c) probe, disrupt, or attempt to breach the app's security or other users' accounts; (d) upload unlawful, harmful, or infringing content; or (e) use the app to violate any law. Automated or bulk access is not permitted without our written consent.
5. Intellectual property
AcornSmarts, including its name, logo, software, question banks, passages, illustrations, and all other content, is owned by Black Swan Media Solutions LLC and protected by copyright, trademark, and other laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the app for its intended educational purpose. All rights not expressly granted are reserved. You keep ownership of any content you enter (such as nicknames or custom questions); you grant us only the limited license needed to operate the service for you.
6. Schools and districts
Where a school or district uses AcornSmarts, we act as a school service provider and handle student data solely to provide the service, consistent with our Privacy Policy and applicable student-privacy laws. A separate written agreement, if any, between Black Swan Media Solutions LLC and the school governs in the event of a conflict with these Terms.
7. Disclaimers
The app is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the app will be uninterrupted, error-free, or that content is complete or accurate for every learner.
8. Limitation of liability
To the fullest extent permitted by law, Black Swan Media Solutions LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, arising from your use of the app. Our total liability for any claim relating to the app will not exceed the greater of the amount you paid us in the twelve months before the claim, or fifty U.S. dollars ($50).
9. Changes and termination
We may update these Terms as the app evolves; we will post changes here and update the date above. We may suspend or end access for conduct that violates these Terms. You may stop using the app and delete your data at any time.
10. Governing law
These Terms are governed by the laws of the State of Kansas, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Kansas.