These Terms of Service ("Terms") govern access to and use of the Creative Learning by Design platform and website ("Service") operated by Creative Learning by Design ("CLD," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.
1. Eligibility
The Service is intended for use by educational institutions, administrators, teachers, and other authorized school staff. Free tier access (Sub Planner) is available to individual educators. Full platform access requires an active subscription agreement between CLD and the educational institution.
2. Accounts and Access
You are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized use of your account. CLD is not liable for losses resulting from unauthorized account access caused by your failure to protect your credentials.
Accounts are non-transferable. Each account is associated with one individual user. Sharing login credentials with other users is prohibited.
3. Acceptable Use
You agree to use the Service only for lawful educational purposes. You may not:
- Use the Service to store or transmit unlawful content
- Attempt to gain unauthorized access to any part of the Service or its infrastructure
- Use the Service in any way that violates FERPA or applicable state student privacy laws
- Reverse engineer, decompile, or disassemble any part of the Service
- Use automated systems to scrape, harvest, or extract data from the Service
4. Content and Data
You retain ownership of all content and data you submit to the Service, including lesson plans, IEP documentation, and student records. By using the Service, you grant CLD a limited license to process your content solely to provide the Service.
You are responsible for ensuring that content you upload complies with applicable law, including student privacy requirements under FERPA and applicable state law.
5. Free Tier
The Sub Planner free tier is provided as-is without warranty. CLD reserves the right to modify, limit, or discontinue free tier features at any time with reasonable notice. Free tier accounts that are inactive for more than 12 months may be deactivated.
6. Paid Subscriptions
Paid subscriptions are governed by the terms of the service agreement executed between CLD and the subscribing institution. In the event of a conflict between these Terms and a signed service agreement, the service agreement controls.
7. Service Availability
CLD will make reasonable efforts to maintain platform availability. We do not guarantee uninterrupted access and are not liable for downtime caused by maintenance, technical issues, or events outside our reasonable control.
8. Intellectual Property
The CLD platform, including its design, code, and non-user content, is the intellectual property of Creative Learning by Design. You may not copy, reproduce, or create derivative works from any part of the Service without written permission.
9. Disclaimer of Warranties
The Service is provided "as is" without warranties of any kind, express or implied. CLD does not warrant that the Service will be error-free, uninterrupted, or suitable for any particular purpose beyond general educational use.
10. Limitation of Liability
To the maximum extent permitted by law, CLD's liability for any claim arising from use of the Service is limited to the amount paid by the institution for the Service in the twelve months preceding the claim. CLD is not liable for indirect, incidental, or consequential damages.
11. Changes to Terms
We may update these Terms from time to time. We will notify users of material changes via email or platform notification. Continued use of the Service after changes constitutes acceptance of the updated Terms.
12. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law provisions.
13. Contact
For questions about these Terms, please contact us through our contact page.