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Terms of Service Last updated: December 26, 2025

Terms of Service

Last updated: December 26, 2025

Overview

Welcome to Learning-Focused. These Terms of Service ("Terms") govern your access to and use of:

  • learningfocused.com (website and online store, hosted by Shopify),
  • learningfocusedonline.thinkific.com (Learning-Focused Online), and
  • Learning-Focused digital tools and resources, including the Spark suite of apps (e.g., SparkLEQ, SparkWriting, SparkEngagement) (collectively, the “Services”).

“Learning-Focused,” “we,” “us,” or “our” refers to Learning-Focused, located at 200 District Drive, Suite 001, Asheville, NC 28803.

The Services are designed for individual educators, schools, districts, and other educational organizations. By accessing or using the Services, you agree to be bound by these Terms and the policies referenced herein, including our Privacy Policy, Membership Agreement(s), Acceptable Use & Code of Conduct, and Spark Apps End User License Agreement (EULA), where applicable. If you do not agree, do not use the Services.

  1. Access and Accounts

    You represent that you are at least the age of majority in your jurisdiction, or that you are accessing the Services on behalf of a school, district, or organization with authority to do so.

    To use certain features, you may be required to provide information such as your name, email address, billing, payment, or shipping information. You represent that all information you provide is accurate, current, and complete, and that you have the right to provide it.

    You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not sell, transfer, or sublicense your account.

  2. Products and Services

    We strive to provide accurate descriptions of our products and Services. However, we do not warrant that descriptions, images, or other content are accurate, complete, or free of errors.

    We reserve the right to modify, replace, limit, or discontinue any product, Service, or feature at any time without notice.

  3. Orders and Purchases

    When you place an order, you are making an offer to purchase. Learning-Focused reserves the right to accept, reject, or cancel orders for any reason, including errors, availability, or suspected misuse.

    Your order is not accepted until confirmed by Learning-Focused and payment has been processed.

    Purchases may be made by individuals or by schools, districts, or organizations for professional or institutional use.

  4. Pricing and Billing

    Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed.

    You agree to provide accurate and up-to-date billing and payment information and authorize us and our payment processors (including Shopify and Thinkific) to charge the applicable fees.

  5. Terms of Sale – Physical Products

    A. Scope This section applies only to physical products sold through the Learning-Focused online store hosted on Shopify. Digital products, memberships, courses, and Spark apps are governed by separate agreements.

    B. Shipping and Delivery Shipping and delivery dates are estimates only and are not guaranteed. Risk of loss and title pass to you when the product is delivered to the carrier. We are not responsible for delays caused by carriers, customs, or events beyond our control.

    C. Returns and Refunds

    • Returns for refund are accepted within 30 days of receipt.
    • Returns for exchange or store credit are accepted within 45 days of receipt.
    • Products must be unused.
    • Made-to-order products (including Coaches Binders, Monitoring Binders, and Redelivery Notes) are not eligible for return or exchange.
    • Defective products will be exchanged for the same product only.
    • To initiate a return, contact [email protected] or 866-95-LEARN.
  6. Intellectual Property

    All content, software, designs, text, graphics, logos, videos, audio, and materials provided through the Services are owned by Learning-Focused or its licensors and are protected by intellectual property laws.

    You may use the Services only for educational, professional, or institutional purposes and in accordance with these Terms. No ownership rights are transferred.

  7. Spark Apps and AI Features

    Spark apps provide AI-assisted tools intended to support professional learning and planning. Outputs may be inaccurate and must be reviewed by users. Spark app use is governed by the Spark Apps EULA.

    Users must not submit student names or other student personal information into Spark apps.

  8. Optional Tools and Third-Party Services

    The Services may provide access to third-party tools or services that we do not control. These tools are provided “as is” and “as available,” and your use is at your own risk and subject to the third party’s terms.

  9. Third-Party Links

    The Services may contain links to third-party websites. We are not responsible for third-party content, accuracy, or practices, and access is at your own risk.

  10. Relationship with Shopify and Thinkific

    The Services are hosted by Shopify and Thinkific. Any purchases are made directly with Learning-Focused, not Shopify or Thinkific. You agree that Shopify and Thinkific are not responsible for any claims arising from your use of the Services and release them from liability related to your transactions with Learning-Focused.

  11. Privacy

    Our collection and use of personal information is governed by our Privacy Policy: https://learningfocused.com/policies/privacy-policy

  12. Feedback

    If you submit feedback, suggestions, or ideas, you grant Learning-Focused a perpetual, worldwide, royalty-free license to use that feedback without compensation.

  13. Prohibited Uses

    You may not use the Services for unlawful, harmful, or abusive purposes, to infringe intellectual property rights, to transmit malicious code, or to interfere with security features. We may suspend or terminate access for violations.

  14. Termination

    We may suspend or terminate your access to the Services at any time for violations of these Terms or to protect the Services. Obligations that by their nature should survive termination will continue.

  15. Disclaimers

    THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

  16. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEARNING-FOCUSED WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU TO LEARNING-FOCUSED IN THE 12 MONTHS PRECEDING THE CLAIM.

  17. Indemnification

    You agree to indemnify and hold harmless Learning-Focused and its partners, including Shopify and Thinkific, from claims arising out of your violation of these Terms or misuse of the Services.

  18. Errors, Inaccuracies, and Omissions

    We reserve the right to correct errors, inaccuracies, or omissions and to change or cancel orders if information is inaccurate at any time without notice.

  19. Severability

    If any provision is held unenforceable, the remaining provisions will remain in effect.

  20. Waiver; Entire Agreement

    Failure to enforce any provision is not a waiver. These Terms and referenced policies constitute the entire agreement regarding the Services.

  21. Assignment

    You may not assign these Terms without our consent. We may assign these Terms without restriction.

  22. Governing Law

    These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles.

  23. Changes to These Terms

    We may update these Terms from time to time by posting a revised version. Continued use constitutes acceptance.

  24. Contact Information

    Questions about these Terms may be directed to: [email protected]

    Learning-Focused, 200 District Drive, Suite 001, Asheville, NC 28803, USA

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Privacy Policy Last updated: December 26, 2025

Privacy Policy

Last updated: December 26, 2025

Learning-Focused (“Learning-Focused,” “we,” “us,” or “our”) provides online professional learning resources through our website and online store, Learning-Focused Online, and our “Spark” suite of apps (e.g., SparkLEQ, SparkWriting, SparkEngagement) (collectively, the “Services”).

This Privacy Policy explains how we collect, use, disclose, and protect personal information when you visit, use, purchase from, or otherwise interact with the Services.

If there is a conflict between our Terms of Service and this Privacy Policy, this Privacy Policy controls with respect to the collection, processing, and disclosure of personal information.

By using the Services, you acknowledge that you have read and understand this Privacy Policy.

  1. Who Our Services Are For

    Our Services are designed primarily for K–12 educators, schools, and districts. We do not intend for users to enter student names or other student personal information into Spark apps, and our tools are designed to function without student identifiers.

  2. The Platforms We Use

    Our Services are delivered using third-party platforms:

    • Shopify hosts learningfocused.com and our online store and may process payments for store purchases.
    • Thinkific hosts Learning-Focused Online and may process payments for Learning-Focused Online purchases.
    • Pickaxe supports our Spark app experience and orchestration.
    • OpenAI API processes prompts and generates outputs for AI features in Spark apps.
    • Google Sheets stores certain educator planning information created in Spark apps (for example, planning fields and responses).

    These providers may collect and process information about access to and use of the Services in order to provide their services. We encourage you to review their privacy practices in addition to this Policy.

  3. Personal Information We Collect

    “Personal information” means information that identifies, relates to, describes, or can reasonably be linked to an individual or household. It does not include aggregated or de-identified information.

    Depending on how you interact with the Services, we may collect:

    A. Contact and Account Information

    • Name
    • Email address
    • Organization/school/district name (if provided)
    • Account login information (such as username and password for Learning-Focused Online or other account areas)

    B. Purchases and Billing

    • Purchase history, order details, and billing records
    • Payment status and confirmations
    Note: Payments are processed by Shopify and/or Thinkific (and their payment partners). We do not store full payment card numbers.

    C. Usage, Device, and Technical Data

    • IP address
    • Browser type, device type, operating system
    • Log data about how you use the Services (pages viewed, links clicked, feature usage, timestamps)
    • Cookie identifiers and similar technologies

    D. Communications

    • Information you provide when contacting us (support requests, emails, feedback, surveys)

    E. Spark App Inputs and Outputs (AI Features)

    • Inputs you submit (e.g., prompts, form entries, selections)
    • AI-generated outputs returned to you
    • Metadata about usage (e.g., which app/feature was used and when)
    Important: Our Spark tools are not intended to receive student names or other student personal information.
  4. Sources of Personal Information

    We collect information:

    • Directly from you (forms, account creation, purchases, support requests)
    • Automatically (cookies, logs, analytics/measurement tools)
    • From service providers that host or enable the Services (Shopify, Thinkific, Pickaxe, OpenAI API, Google)
  5. How We Use Personal Information

    We use personal information to:

    A. Provide the Services

    • Create and manage accounts and memberships
    • Provide access to courses, resources, and Spark apps
    • Deliver purchases and confirmations
    • Provide customer support

    B. Operate, Maintain, and Improve

    • Monitor performance and troubleshoot issues
    • Understand usage to improve content, features, and user experience
    • Maintain platform integrity and reliability

    C. Security and Fraud Prevention

    • Authenticate users and protect accounts
    • Detect, prevent, and investigate abuse, fraud, or security incidents
    • Enforce our Terms of Service and Acceptable Use/Code of Conduct

    D. Communications

    • Send service-related messages (e.g., receipts, account notices, important updates)
    • Send optional marketing communications where permitted (you can opt out at any time via unsubscribe links)

    E. Legal and Compliance Purposes

    • Comply with applicable laws and valid legal requests
    • Protect rights, safety, and the Services
  6. AI Features (Spark Apps): How Data Is Processed

    A. How AI Requests Work

    If you use AI features in Spark apps, your inputs and the resulting outputs may be transmitted to and processed by Pickaxe (application/orchestration layer) and OpenAI via the OpenAI API (AI processing).

    B. What Not to Submit

    Do not submit:

    • Student names or other student personal information
    • Payment card data
    • Passwords or account credentials
    • Sensitive personal data (e.g., medical information, SSNs)

    C. Responsibility for Outputs

    AI outputs may be inaccurate or incomplete. You are responsible for reviewing outputs before using them for instructional, professional, or operational decisions.

  7. Cookies, Analytics, and “Google SEO” Tools

    We and our service providers use cookies and similar technologies to operate the Services and remember preferences, measure traffic and usage trends, and improve site performance and content effectiveness.

    We also use analytics/measurement tools associated with search and website performance (“Google SEO” tools). These tools may collect information such as pages visited, referrers, device/browser details, and approximate location (derived from IP address).

    You can control cookies through your browser settings. Some features may not function properly if cookies are disabled.

    If your browser sends a Global Privacy Control (GPC) signal, we will treat it as an opt-out request for certain targeted advertising/sharing where required by applicable law.

  8. How We Disclose Personal Information

    We may disclose personal information:

    A. To Service Providers (Shopify, Thinkific, Pickaxe, OpenAI, Google)

    B. For Legal and Safety Reasons

    C. In Business Transfers

    D. With Your Direction or Consent

  9. Children’s Privacy and Student Data

    The Services are intended for educators and school/district-authorized users. We do not knowingly collect personal information directly from children under 13 for independent use.

    We do not intend for Spark apps to collect student names or student personal information. If you believe student personal information has been submitted to us, contact us and we will take appropriate steps.

  10. Data Retention

    We retain personal information for as long as reasonably necessary to provide and maintain the Services and accounts, comply with legal and accounting requirements, and resolve disputes and enforce agreements.

    Retention periods vary by data type. You may request deletion as described below, subject to legal and operational limitations.

  11. Security

    We use reasonable safeguards designed to protect personal information. However, no security measures are perfect, and we cannot guarantee absolute security.

    Because the Services rely on third-party platforms (Shopify, Thinkific, Pickaxe, OpenAI, Google), security is a shared responsibility between Learning-Focused and those providers.

  12. Your Rights and Choices

    Depending on where you live, you may have rights to request access, correction, deletion, portability, and opt out of certain targeted advertising/sharing where required by law.

    To exercise these rights, contact us. We may need to verify your identity before processing requests.

  13. International Transfers

    Your information may be transferred, stored, and processed outside your state or country. Where required, we rely on recognized transfer mechanisms.

  14. Changes to This Policy

    We may update this Privacy Policy from time to time. We will post the updated policy and revise the “Last updated” date.

  15. Contact Us

    Learning-Focused, 200 District Drive, Suite 001, Asheville, NC 28803, USA

    Email: [email protected]

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Security Statement Last updated: December 26, 2025

Security Statement

Last updated: December 26, 2025

This Security Statement provides an overview of how Learning-Focused protects information when delivering its website, Learning-Focused Online, and the Spark suite of apps. It is intended to support transparency for educators, schools, districts, and partners.

This statement is informational and should be read alongside our Privacy Policy and Subprocessors & Data Flow page.

  1. Security Overview

    Learning-Focused delivers its Services using reputable, industry-standard platforms and follows a shared responsibility model for security. We design our products to minimize data collection, avoid unnecessary student information, and rely on established providers for infrastructure security.

    Our Services are built primarily for K–12 educators, schools, and districts.

  2. Platform-Hosted Infrastructure

    Learning-Focused does not operate its own data centers. Instead, our Services are hosted by trusted third-party platforms:

    • Shopify hosts learningfocused.com and our online store and processes certain payments.
    • Thinkific hosts learningfocusedonline.thinkific.com and delivers Learning-Focused Online courses, memberships, and resources, and processes certain payments.
    • Pickaxe provides the application layer for Spark apps.
    • OpenAI (API) processes AI prompts and generates outputs for Spark apps.
    • Google (Google Sheets) stores limited educator-created planning information from Spark apps.

    Learning-Focused does not store full payment card numbers. Payment information is handled directly by Shopify, Thinkific, and their payment partners.

    For a current list of subprocessors and data flows, see: https://learningfocused.com/pages/subprocessors

  3. Data Minimization and Student Data
    • Spark apps are designed to function without student names or direct student identifiers.
    • Educators are instructed not to enter student personal information into Spark tools.
    • We collect and store only the information reasonably necessary to provide the Services.

    This approach reduces risk and supports K–12 privacy expectations.

  4. Encryption and Transmission Security

    Data in transit is protected using HTTPS/TLS encryption as provided by our platform vendors.

    Data at rest is protected using platform-managed encryption provided by Shopify, Thinkific, Pickaxe, OpenAI, and Google.

    Learning-Focused does not manage or access raw encryption keys used by these platforms.

  5. Access Controls
    • Administrative access to platforms is limited to authorized Learning-Focused personnel.
    • Access is granted based on role and job responsibility.
    • Account credentials must be kept confidential by users.
    • We do not currently offer single sign-on (SSO).
  6. Application and AI Security
    • Spark apps include safeguards designed to prevent misuse.
    • AI features are assistive only and require human review.
    • Users are prohibited from attempting to bypass safeguards or use Spark apps for harmful or unlawful purposes.

    AI requests are routed through Pickaxe and processed by OpenAI via API. Inputs and outputs are used only to provide the requested functionality.

  7. Monitoring and Incident Response

    We monitor platform status notifications and security advisories from our providers.

    If Learning-Focused becomes aware of a confirmed security incident that materially affects user data, we will take reasonable steps to notify affected customers without undue delay, consistent with applicable law.

    We coordinate incident response activities with our platform providers as appropriate.

  8. Data Retention and Deletion

    Personal information is retained only as long as reasonably necessary to provide the Services and meet legal or operational requirements.

    Users may request deletion of their information as described in our Privacy Policy, subject to legal and technical limitations.

  9. Subprocessors

    A current list of subprocessors and a description of data flows is available here: https://learningfocused.com/policies/subprocessors

  10. Customer Responsibilities

    Security is a shared responsibility. Users and organizations should:

    • Use strong passwords and keep credentials confidential.
    • Limit account access to authorized users.
    • Avoid entering sensitive or prohibited data into Spark apps.
  11. Updates to This Statement

    We may update this Security Statement from time to time to reflect changes in our Services or practices. Updates will be posted on this page with a revised “Last updated” date.

  12. Contact

    Questions about this Security Statement or security-related concerns may be directed to: [email protected]

    Learning-Focused, 200 District Drive, Suite 001, Asheville, NC 28803, USA

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Subprocessors Last updated: December 26, 2025

Subprocessors & Data Flow

Last updated: December 26, 2025

This page explains how Learning-Focused uses third-party service providers ("Subprocessors") to deliver our website, Learning-Focused Online, and the Spark suite of apps, and how data flows between these services.

This page is intended to support school, district, and procurement reviews and should be read together with our Privacy Policy: https://learningfocused.com/policies/privacy-policy

  1. Overview: How Data Flows

    Learning-Focused provides professional learning resources and AI-powered planning tools for K–12 educators. To do this efficiently and securely, we rely on well-established third-party platforms.

    At a high level:

    • Users access our website, store, and learning platform.
    • Accounts, purchases, and learning content are hosted by platform providers.
    • Spark apps process educator inputs and may send prompts to AI services to generate outputs.
    • Limited planning information created in Spark may be stored for later access.

    We design our Services so that student names and direct student personal data are not required or intended to be entered.

  2. List of Subprocessors
    This is presented as plain text here for formatting consistency in Thinkific. (You can replace with a table if you prefer.)
    • Shopify — Hosts learningfocused.com website and online store; processes certain purchases and payments. Data: contact details, order information, payment status, device/usage data. Notes: payment card data processed by Shopify and its payment partners; Learning-Focused does not store raw card numbers.
    • Thinkific — Hosts Learning-Focused Online courses, memberships, and resources; may process payments. Data: account information, course enrollment, usage data, purchase records. Notes: used for educator learning platform and memberships.
    • Pickaxe — Delivers and orchestrates Spark app functionality. Data: Spark app inputs, outputs, usage metadata. Notes: application layer for AI-powered tools.
    • OpenAI (API) — Processes AI prompts and generates responses for Spark apps. Data: prompts and outputs submitted by users. Notes: API data processed to generate responses; not intended for training models by default.
    • Google Sheets (Google LLC) — Stores limited educator-created planning information from Spark apps. Data: planning fields and responses created by educators. Notes: no student names or direct student identifiers intended.
    • Google Analytics / SEO tools — Website analytics and performance measurement. Data: IP address (approximate), device/browser data, usage statistics. Notes: used to understand site traffic and improve content.
  3. Detailed Data Flow by Service

    A. Website & Online Store (learningfocused.com) Hosted on Shopify. Users may browse content, sign up for accounts, or make purchases. Shopify processes contact and order information, payment transactions (via Shopify payment partners), and website usage/device data. Learning-Focused accesses administrative reports and order summaries but does not store full payment card data.

    B. Learning-Focused Online (learningfocusedonline.thinkific.com) Hosted on Thinkific for course delivery, membership management (Free, Essentials, Plus, Premium), and access to learning resources. Thinkific processes account credentials/profile information, course enrollments/progress, and payment information for Learning-Focused Online purchases.

    C. Spark Apps (SparkLEQ, SparkWriting, SparkEngagement, etc.) Delivered using Pickaxe. Inputs flow through Pickaxe; for AI features, prompts are transmitted to OpenAI via API and returned through Pickaxe. Limited planning information may be saved for later access (e.g., in Google Sheets). Spark apps are designed so student names/direct personal data are not required.

  4. Student Data and K–12 Considerations
    • Primary users are educators, schools, and districts.
    • Spark tools are designed to function without student names or identifiers.
    • Educators are encouraged to avoid entering student personal information into Spark apps.

    If Learning-Focused becomes aware that student personal information has been submitted inadvertently, we will take appropriate steps to address or remove it.

  5. Security and Shared Responsibility

    Learning-Focused configures and manages access to its platforms and accounts. Shopify, Thinkific, Pickaxe, OpenAI, and Google maintain their own security controls. Security is a shared responsibility. For a high-level overview, see our Security Statement.

  6. Updates to Subprocessors

    We may update this list as our Services evolve. If we add or replace a subprocessor that materially affects how personal information is processed, we will update this page and provide notice where required by applicable law.

  7. Contact

    Questions about subprocessors or data handling may be directed to: [email protected]

    Learning-Focused, 200 District Drive, Suite 001, Asheville, NC 28803, USA

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Membership Agreement Last updated: December 26, 2025

Learning-Focused Online Membership Agreement

Last updated: December 26, 2025

This Membership Agreement ("Agreement") governs your participation in Learning-Focused Online and applies to all membership tiers, including Free, Essentials, Plus, and Premium.

This Agreement is between you ("Member" or "you") and Learning-Focused, located at 200 District Drive, Suite 001, Asheville, NC 28803 ("Learning-Focused," "we," "us," or "our").

By creating an account, enrolling in a membership tier, or accessing Learning-Focused Online, you agree to this Agreement. If you do not agree, do not enroll in or use a membership.

  1. Relationship to Other Agreements

    This Agreement supplements, and does not replace:

    • the Terms of Service (https://learningfocused.com/policies/terms-of-service),
    • the Privacy Policy (https://learningfocused.com/policies/privacy-policy),
    • the Acceptable Use & Code of Conduct, and
    • the Spark Apps End User License Agreement (EULA) (for Spark app use).

    If there is a conflict, this Agreement controls only with respect to membership access and benefits.

  2. Membership Purpose

    A Learning-Focused Online membership provides access to professional learning resources, tools, and features during the active membership term. Membership does not grant ownership of content, materials, or software.

  3. Membership Tiers

    Learning-Focused Online currently offers the following membership tiers:

    A. Free

    • Limited access to selected resources
    • Demo access to certain Spark apps
    • No guarantee of continued availability of demo features

    B. Essentials

    • Access to designated Learning-Focused Online resources
    • Limited Spark app access as described at time of enrollment

    C. Plus

    • Expanded access to Learning-Focused Online resources
    • Access to certain finalized Spark apps
    • Possible access to beta Spark apps

    D. Premium

    • Full access to Learning-Focused Online resources
    • Access to all finalized Spark apps
    • Priority or expanded access to beta Spark apps (where offered)
    Important: The specific resources, Spark apps, and features included in each tier are described on our website or enrollment pages and may change over time.
  4. Spark Apps and Separate Subscriptions
    • Some Spark apps are included with certain membership tiers.
    • Other Spark apps may require a separate subscription or purchase, even if you hold a membership.
    • Demo or beta access may be provided at our discretion.

    All Spark app use is governed by the Spark Apps EULA, regardless of whether access is included with a membership or purchased separately.

  5. Term, Renewal, and Cancellation

    A. Term Memberships begin on the date of enrollment and continue for the period stated at purchase (monthly, quarterly, or annual), unless cancelled.

    B. Renewal Paid memberships renew automatically at the end of each billing cycle unless cancelled before the renewal date.

    C. Cancellation You may cancel your membership at any time through your account or by contacting Learning-Focused support. Cancellation will take effect at the end of the current billing period. Free memberships may be discontinued at any time.

  6. Fees and Refunds

    Membership fees, billing frequency, and pricing are displayed at the time of enrollment.

    Except where required by law or expressly stated at purchase: membership fees are non-refundable; no partial refunds or credits are provided for unused time. Separate Spark app subscriptions are subject to their own billing terms.

  7. Account Use and Restrictions
    • Memberships are for individual use unless explicitly designated otherwise.
    • You may not share, transfer, sell, or sublicense your membership.
    • You are responsible for maintaining the confidentiality of your account credentials.
  8. Changes to Membership Benefits

    Learning-Focused may update or modify membership tiers, pricing, included resources, or Spark app access from time to time.

    If we make a material reduction to paid membership benefits, we will provide reasonable notice. Your continued use after changes take effect constitutes acceptance.

  9. Suspension or Termination

    Learning-Focused may suspend or terminate your membership if you violate this Agreement or related policies; your use poses a legal, security, or operational risk; or required by law. Upon termination, access to membership benefits will end.

  10. Disclaimers

    Membership benefits are provided “as is” and “as available.” Learning-Focused does not guarantee uninterrupted access, specific outcomes, or the continued availability of any particular resource or Spark app.

  11. Limitation of Liability

    To the maximum extent permitted by law, Learning-Focused will not be liable for indirect, incidental, consequential, special, or punitive damages arising from or related to your membership.

    Learning-Focused’s total liability relating to membership benefits will not exceed the amount you paid for the membership in the 12 months preceding the claim.

  12. Governing Law

    This Agreement is governed by the laws of the State of North Carolina, without regard to conflict-of-law principles.

  13. Changes to This Agreement

    We may update this Agreement from time to time. We will post the updated version and revise the “Last updated” date. Continued participation in a membership after changes become effective constitutes acceptance.

  14. Contact Information

    Questions about this Membership Agreement may be directed to [email protected]

    Learning-Focused, 200 District Drive, Suite 001, Asheville, NC 28803, USA

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End User License Agreement Last updated: December 26, 2025

Spark Apps End User License Agreement (EULA)

Last updated: December 26, 2025

This End User License Agreement ("EULA") governs your access to and use of the Spark suite of applications provided by Learning-Focused, including but not limited to SparkLEQ, SparkWriting, SparkEngagement, and any other Spark-branded applications, tools, beta features, or updates (collectively, the “Spark Apps”).

This EULA is a legally binding agreement between you and Learning-Focused, located at 200 District Drive, Suite 001, Asheville, NC 28803 ("Learning-Focused," "we," "us," or "our").

By accessing or using any Spark App, you agree to this EULA. If you do not agree, do not access or use the Spark Apps.

  1. Relationship to Other Agreements

    This EULA supplements, and does not replace the Terms of Service, Privacy Policy, and Acceptable Use & Code of Conduct. If there is a conflict, this EULA controls only with respect to Spark Apps.

  2. Eligibility and Intended Users

    The Spark Apps are intended for K–12 educators, schools, districts, and other adult users acting in a professional or organizational capacity.

    The Spark Apps are not intended for independent use by children, and users should not enter student names or other student personal information into Spark Apps.

  3. License Grant

    Subject to your compliance with this EULA and the applicable agreements, Learning-Focused grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Spark Apps for your professional educational purposes during the term of your access.

    You acquire no ownership interest in the Spark Apps or any related intellectual property.

  4. Access Based on Membership or Subscription

    Your access to Spark Apps depends on your Learning-Focused membership tier and/or separate Spark App subscriptions, as described at the time of purchase or access.

    Learning-Focused may provide demo or limited access, provide beta or preview features, or modify which Spark Apps are included in a membership tier. Access may be added, removed, or changed without guaranteeing continued availability of any specific Spark App.

  5. Acceptable Use and Restrictions

    You agree not to:

    • use the Spark Apps for unlawful, harmful, or misleading purposes;
    • submit content you do not have the right to use;
    • enter student names, student identifiers, or sensitive personal data;
    • attempt to reverse engineer, decompile, or extract source code;
    • bypass usage limits or safeguards;
    • use Spark Apps to build or train competing AI products;
    • represent AI-generated outputs as authoritative or official without review.

    Your use must comply with our Acceptable Use & Code of Conduct.

  6. AI-Assisted Functionality

    Outputs are generated automatically, may be inaccurate/incomplete/biased, and are provided for informational purposes only.

    You are solely responsible for reviewing and validating AI-generated outputs and ensuring they align with your policies. Spark Apps do not replace professional judgment and should not be relied upon as the sole basis for decisions.

  7. Data Processing for Spark Apps

    When you use Spark Apps, inputs/outputs may be processed through Pickaxe; AI-related inputs/outputs may be transmitted to OpenAI via API; limited planning information may be stored (for example, in Google Sheets) so you can revisit or revise your work.

    Learning-Focused does not intend for Spark Apps to collect student personal information.

  8. Intellectual Property

    The Spark Apps (software, content, prompts, templates, designs, technology) are owned by Learning-Focused or licensors and protected by IP laws.

    You retain ownership of original content you input. By using Spark Apps, you grant Learning-Focused a limited license to process, store, and display your content solely to provide and improve the Spark Apps.

  9. Feedback

    If you provide feedback, you grant Learning-Focused a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or compensation.

  10. Suspension and Termination

    Learning-Focused may suspend or terminate access immediately if you violate this EULA/policies, your use creates risk, or required by law/provider. Upon termination, your license ends.

  11. Updates and Changes

    Learning-Focused may update or modify Spark Apps at any time; beta/preview features may be changed or discontinued without notice.

  12. Disclaimers

    THE SPARK APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEARNING-FOCUSED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED OUTPUTS.

  13. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEARNING-FOCUSED WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID FOR ACCESS TO THE SPARK APPS IN THE 12 MONTHS PRECEDING THE CLAIM.

  14. Indemnification

    You agree to indemnify and hold harmless Learning-Focused from claims arising out of your misuse or violation.

  15. Governing Law and Venue

    This EULA is governed by North Carolina law. Disputes must be brought exclusively in state/federal courts located in North Carolina, and parties consent to jurisdiction and venue.

  16. Changes to This EULA

    We may update this EULA from time to time. We will post the updated version and revise the “Last updated” date. Continued use after changes becomes effective constitutes acceptance.

  17. Contact Information

    Questions about this EULA may be directed to [email protected]

    Learning-Focused, 200 District Drive, Suite 001, Asheville, NC 28803, USA

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