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.
Plans bought in the app. The Single Student, Family, Family+ / Pod and High School plans are subscriptions billed through Stripe, monthly or yearly as you choose at checkout. They renew automatically at the end of each month or year until you cancel. You may cancel at any time in the billing portal (“Manage subscription” in the app), and cancellation stops future billing. The Lifetime license is a one-time payment and never renews. Fees already paid are non-refundable except where required by law.
Access keys. A plan activated with a scholarship or ESA access key (Single Student or High School) runs to its end date and does not renew. If we cannot deliver a license a family paid for with program funds, we return the price paid to the student's program the way that program requires: through its payment platform, or by check to the program where it asks for one (Arizona's ESA program does). We never refund program funds to a family directly.
Center and school licenses. Center and school licenses are not sold in the app. They are invoiced separately, run for the one-year term stated on the signed order form or agreement, end on their end date, and renew only if the center or school asks. Section 4 sets out their terms.
4. Center and school licenses
A license for a center, school or district is bought with the AcornSmarts License Order Form, signed by the center, school or district and by Black Swan Media Solutions LLC, or under another written agreement signed by both (see section 7). The order form names the license type, the price, the start and end dates, whether grades 9–12 are included and whether Writing Coach is on. Its terms, in short:
- Payment. We invoice the price on the form. Payment is due within 30 days of the invoice date (net 30). Purchase orders are accepted.
- Term and renewal. The license runs for one year from its start date and ends by itself on its end date. It does not renew automatically; it renews only if the center or school asks.
- Cancelling. Fees for a license cancelled before its end date are not refunded.
- At the end of the term. Subjects beyond Math & Reading close for children on free accounts, and Math & Reading stay free. Families with their own paid plan keep it. Grades 9–12 close unless the family has its own High School plan or Lifetime license.
- Writing Coach. It is on unless the center or school asks us to switch it off for its classes.
- Classes added later. For a school or district license, a class created after the start date is added when the school sends us its class code.
- Student data. Handled as described in our District Privacy Evidence Pack and in any data privacy agreement the center or school signs with us. Class data tied to the license is deleted within 60 days after the end date, or sooner on the center's or school's written instruction. If we confirm a breach of student data, we notify the center or school and the affected account holders without unreasonable delay, and no later than 72 hours after confirming it (in Kansas, K.S.A. 72-6318 asks for immediate notice to affected students or parents).
For a blank copy of the order form, email info@acornsmarts.com. If the signed order form and these Terms conflict, the order form governs (see section 7).
5. 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.
6. 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.
7. 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.
8. 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.
9. 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).
10. 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.
11. 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.