Terms of Service
Last Updated: December 2025
Welcome to OctoWhiz! These Terms of Service ("Terms") govern your use of the OctoWhiz mobile application ("App") and related services. By downloading, accessing, or using OctoWhiz, you agree to be bound by these Terms.
OctoWhiz is an educational application designed for students in grades 1-10 (approximately ages 6-16). If you are under 18, you must have your parent or guardian's permission to use this App, and they must agree to these Terms on your behalf.
1. Acceptance of Terms
By creating an account or using OctoWhiz, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the App.
For users under 13 years of age, a parent or guardian must provide verifiable consent before the child can use the App, in compliance with the Children's Online Privacy Protection Act (COPPA).
2. Description of Service
OctoWhiz provides AI-powered educational tools including:
- Content upload and processing (photos of worksheets, PDFs, notes)
- AI-generated quizzes and flashcards based on uploaded content
- Spaced repetition learning system for optimal retention
- AI chat tutor ("Octo") for educational assistance
- Progress tracking and performance analytics
- Gamification features (XP, levels, streaks, achievements)
OctoWhiz is designed to supplement, not replace, traditional education. The App is intended as a study aid and should be used alongside regular classroom instruction.
3. User Accounts
3.1 Account Creation
- You must provide accurate and complete information when creating an account
- You are responsible for maintaining the security of your account credentials
- You must notify us immediately of any unauthorized access to your account
- One person may not maintain multiple accounts
3.2 Accounts for Minors
- Users under 13 require verified parental consent
- Parents/guardians must provide a valid email address for verification
- Parents/guardians are responsible for their child's use of the App
- Parents/guardians can manage, restrict, or delete their child's account at any time
3.3 Account Termination
You may delete your account at any time through the App settings or by contacting us. We may suspend or terminate accounts that violate these Terms.
4. User Content
4.1 Your Content
You retain ownership of any content you upload to OctoWhiz ("User Content"), including:
- Photos of worksheets, textbooks, and notes
- PDF documents
- Quiz responses and study data
- Chat conversations with the AI tutor
4.2 License Grant
By uploading User Content, you grant OctoWhiz a limited, non-exclusive license to process, store, and display your content solely for the purpose of providing our educational services to you. We will not share, sell, or use your content for any other purpose.
4.3 Content Restrictions
You agree not to upload content that:
- Infringes on any third party's intellectual property rights
- Contains personal information of others without consent
- Is illegal, harmful, threatening, abusive, or otherwise objectionable
- Contains malware, viruses, or harmful code
- Is unrelated to educational purposes
5. Acceptable Use
When using OctoWhiz, you agree NOT to:
- Use the App for any illegal purpose or in violation of any laws
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the App's functionality
- Use automated systems (bots, scrapers) to access the App
- Reverse engineer, decompile, or disassemble any part of the App
- Use the AI tutor to generate content for academic dishonesty
- Attempt to circumvent any content filtering or safety measures
- Share your account credentials with others
- Impersonate another person or entity
6. AI Features
6.1 AI Tutor
OctoWhiz includes an AI-powered tutor ("Octo") designed to help students learn. The AI tutor:
- Provides educational explanations and guidance
- Is designed to teach concepts, not provide direct homework answers
- May have limitations in accuracy or completeness
- Is filtered for age-appropriate content
6.2 AI Limitations
You acknowledge that:
- AI-generated content may contain errors or inaccuracies
- The AI is not a substitute for qualified teachers or tutors
- AI responses should be verified with authoritative educational sources
- We continuously work to improve AI accuracy but cannot guarantee perfection
6.3 Content Generation
Quizzes and flashcards are automatically generated from your uploaded content using AI. While we strive for accuracy, you should review generated content and report any errors through the App.
7. Intellectual Property
7.1 OctoWhiz Ownership
OctoWhiz and its original content, features, and functionality are owned by OctoWhiz and are protected by international copyright, trademark, and other intellectual property laws. This includes our mascot "Octo," logos, designs, and the App's user interface.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial educational purposes in accordance with these Terms.
7.3 Feedback
If you provide feedback, suggestions, or ideas about the App, you grant us the right to use this feedback without compensation or attribution.
8. In-App Purchases
8.1 Billing
OctoWhiz may offer premium features through in-app purchases. All purchases are processed through the Apple App Store or Google Play Store, and their respective terms and payment policies apply.
8.2 Subscriptions
- Subscription fees are billed in advance on a recurring basis
- Subscriptions automatically renew unless cancelled before the renewal date
- You can manage and cancel subscriptions through your App Store or Play Store account settings
8.3 Refunds
Refund requests must be submitted through the Apple App Store or Google Play Store. We do not process refunds directly. Please refer to Apple's or Google's refund policies for more information.
8.4 Price Changes
We reserve the right to change our pricing at any time. Price changes for existing subscriptions will take effect at the next renewal period after notice is provided.
9. Disclaimers
9.1 Educational Purpose
OctoWhiz is an educational supplement tool. We make no guarantees regarding academic improvement, test scores, or educational outcomes. Results vary based on individual effort and usage.
9.2 No Professional Advice
The App does not provide professional educational, psychological, or medical advice. For learning difficulties or special educational needs, please consult qualified professionals.
9.3 Service Availability
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- OctoWhiz shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App
- Our total liability for any claims arising from these Terms or your use of the App shall not exceed the amount you paid to us in the twelve (12) months preceding the claim
- We are not liable for any loss of data, including uploaded content
- We are not responsible for any third-party content or services accessed through the App
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify and hold harmless OctoWhiz and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the App, your User Content, or your violation of these Terms.
12. Termination
12.1 By You
You may stop using the App and delete your account at any time. Upon deletion, your data will be handled according to our Privacy Policy.
12.2 By Us
We may suspend or terminate your account if you:
- Violate these Terms
- Engage in fraudulent or illegal activity
- Abuse the App or other users
- Create risk or legal exposure for us
12.3 Effect of Termination
Upon termination, your right to use the App immediately ceases. Sections of these Terms that by their nature should survive termination (such as Intellectual Property, Disclaimers, and Limitation of Liability) will continue to apply.
13. Changes to Terms
We may update these Terms from time to time. When we do, we will:
- Post the updated Terms in the App
- Update the "Last Updated" date at the top of this page
- Notify users of material changes through the App or via email
Your continued use of the App after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the changes, please stop using the App.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the App shall be resolved in the courts of the United States.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and OctoWhiz regarding your use of the App.
15.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
15.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
15.4 Assignment
You may not assign or transfer your rights under these Terms without our consent. We may assign our rights to any affiliate or successor.
16. Contact Us
If you have any questions about these Terms, please contact us:
- Email: [email protected]
- Privacy inquiries: [email protected]