Last Updated: May 12, 2025

IMPORTANT – READ CAREFULLY

This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between you (either an individual or an entity) and The Institute for the Advancement of Montessori and Special Education (“Company,” “we,” “us,” or “our”) for the mobile application LearningSunshine (“App”), including any associated media, printed materials, and electronic documentation.

By downloading, installing, accessing, or using the App, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, install, access, or use the App.

1. LICENSE GRANT

Subject to your compliance with the terms and conditions of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use on a single mobile device owned or controlled by you.

2. RESTRICTIONS

You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the App or make the App available to any third party.
• Copy or use the App for any purpose other than as permitted under this Agreement.
• Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the App.
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or licensors.
• Use the App in a way that violates applicable law, regulation, or governmental order.
• Use the App to transmit any malware, spyware, or other malicious code.

3. INTELLECTUAL PROPERTY RIGHTS

The App, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights, is and shall remain the property of the Company. The Company reserves all rights not expressly granted to you under this Agreement.

4. USER-GENERATED CONTENT

The App may allow you to create, upload, post, send, receive, and store content (“User Content”). By providing User Content to or through the App, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the App and the Company’s business and on third-party sites and services).

You represent and warrant that you own the User Content or have the right to grant the rights and licenses described in this Agreement, and that such User Content does not violate or infringe another’s rights, including intellectual property rights.

5. THIRD-PARTY SERVICES

The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (“Third-Party Services”). You acknowledge and agree that the Company is not responsible for Third-Party Services, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect. The Company does not assume and will not have any liability to you or any other person or entity for any Third-Party Services.

6. PRIVACY POLICY

The Company respects your privacy and is committed to protecting it through our compliance with our Privacy Policy. Please review our Privacy Policy, which is incorporated into this Agreement by reference, and describes the types of information we may collect from you or that you may provide when you use the App and our practices for collecting, using, maintaining, protecting, and disclosing that information.

7. UPDATES AND MAINTENANCE

The Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

8. TERM AND TERMINATION

This Agreement shall remain in effect until terminated by you or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the App and all copies thereof from your mobile device.

Upon termination of this Agreement, you shall cease all use of the App and delete all copies of the App from your mobile device.

9. DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP FOR:

• PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
• DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement.

12. EXPORT REGULATIONS

The App may be subject to export control laws. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.

13. U.S. GOVERNMENT RIGHTS

The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other U.S. Government licensees and their contractors.

14. GOVERNING LAW

This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of [YOUR STATE].

15. SEVERABILITY

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

16. WAIVER

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein.

17. AMENDMENTS

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

18. ENTIRE AGREEMENT

This Agreement and our Privacy Policy constitute the entire agreement between you and the Company relating to the App and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

19. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us at:

5004 Hessel Rd, Sebastopol, CA 95472 United States Email: info@learningsunshine.org Phone: 252-626-0961

By downloading, installing, accessing, or using the App, you acknowledge that you have read and understand this Agreement and agree to be bound by its terms and conditions.