Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Optimistic Software LLC, doing business as Pythago (“Pythago,” “we,” “us,” or “our”). They govern your access to and use of the Pythago website, live AI tutoring application, and related services that link to these Terms (collectively, the “Service”).

BY CREATING AN ACCOUNT, ACCEPTING THESE TERMS, OR ACCESSING OR USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.

Our Privacy Policy explains how we handle personal information. By accepting these Terms, you acknowledge that you have reviewed the Privacy Policy.

• A person under 13 may use Pythago only through a managed learner account created by a parent or legal guardian who provides the required consent. A child under 13 may not create a self-managed account.
• If you are at least 13, you may create a self-managed learner account and accept these Terms.
• You must be 18 or older and legally capable of entering a binding agreement to create a family account.
• By creating or managing a learner account, an adult account manager accepts these Terms on the learner’s behalf, authorizes and supervises the learner’s use, and represents that the adult is the learner’s parent or legal guardian or otherwise has authority to act for the learner.
• Schools and districts may use Pythago only under a separate written agreement with us. If that agreement conflicts with these Terms, the separate agreement controls.
• The Service is currently offered only to users in the United States and may not be accessed where prohibited by law.

Subject to these Terms, Pythago grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Service for lawful educational purposes. You may use the Service only for yourself or for learners you are authorized to manage.

The Service changes over time. We may add, modify, suspend, limit, or discontinue features, content, usage allowances, or portions of the Service. We do not guarantee that any particular feature or content will remain available.

You agree to provide accurate, current, and complete account information and to keep it current. You may not impersonate another person or create or manage a learner account without authority.

You are responsible for safeguarding your sign-in methods and for activity under your account. You must promptly notify Pythago of suspected unauthorized access or other account security issues. Adult account managers are responsible for learner accounts and workspaces they manage.

Some features require a paid subscription. Prices, billing periods, included usage, and any applicable trial or promotional terms are presented at purchase. You agree to pay the disclosed fees and applicable taxes through our payment processor and to maintain a valid payment method.

Unless stated otherwise at purchase, a paid subscription automatically renews for the same billing period until canceled. You authorize the payment processor to charge the applicable renewal price and taxes to your payment method. You may cancel through available account controls before renewal; cancellation takes effect at the end of the current paid period.

Except where required by law or expressly stated at purchase, payments are final and non-refundable, partially used billing periods are not refunded, and unused credits have no cash value. We may change prices, included usage, or credit allowances prospectively by providing notice required by law.

If payment fails, we may suspend paid features, continue reasonable collection attempts, or terminate the subscription. Payment processing is provided by third parties and is also subject to their applicable terms and privacy policies.

“User Content” means messages, recordings, transcripts, documents, images, source materials, lesson-canvas content, profile information, feedback submitted through learning features, and other material you or a learner provide through the Service. You retain any ownership rights you have in User Content.

You grant Pythago a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process, modify, display, and otherwise use User Content as reasonably necessary to provide, personalize, secure, maintain, and improve the Service for you; comply with law; and enforce these Terms. This license includes permitting our service providers to process relevant User Content on our behalf as described in the Privacy Policy.

You represent and warrant that you have all rights, permissions, and consents needed to provide User Content and permit its processing under these Terms. User Content may not infringe intellectual-property, privacy, publicity, contractual, confidentiality, or other rights or violate applicable law.

If you make or upload a profile recording, you must obtain the consent of every person being recorded and comply with applicable recording and wiretapping laws. You may not record a person who has not agreed to be recorded.

The Service uses artificial intelligence and third-party models and services to generate tutoring responses, lessons, plans, reports, and other materials (“Output”) from User Content and other context. The same or similar Output may be generated for different users, and Output may not qualify for intellectual-property protection.

AI systems can produce inaccurate, incomplete, misleading, biased, or unexpected Output. Output is provided for educational assistance and does not constitute educational, medical, legal, financial, mental-health, or other professional advice. You are responsible for evaluating Output and independently verifying important information. A parent, guardian, or educator remains responsible for supervising a learner.

Subject to applicable law and third-party rights, Pythago does not restrict your lawful use of Output generated for you. We do not represent that Output is unique, accurate, non-infringing, or suitable for a particular purpose.

Pythago may use aggregated or de-identified learning signals to evaluate teaching effectiveness, improve the Service, and develop or train specialized educational models that help Pythago teach better. We maintain de-identified information in de-identified form and do not attempt to re-identify it except as required by law. We do not use identifiable tutoring messages, transcripts, recordings, uploaded files, or canvas content to train models that serve other users, and we do not permit our AI or speech providers to use personal information or learner content to train their general-purpose models.

The Service, including its software, interfaces, designs, text, graphics, audio, video, lesson materials, trademarks, logos, and other content provided by Pythago or its licensors (“Pythago Content”), is protected by intellectual-property and other laws. Pythago and its licensors retain all rights not expressly granted in these Terms.

You may access Pythago Content only through the Service and only for the educational use authorized by these Terms. Unless Pythago gives written permission, you may not reproduce, distribute, publicly display or perform, sell, license, modify, create derivative works from, or commercially exploit Pythago Content.

You may not, and may not help another person to:

• Use the Service in violation of law, these Terms, or another person’s rights.
• Submit unlawful, infringing, deceptive, defamatory, abusive, sexually explicit, exploitative, or otherwise harmful content, including content unsuitable for minors.
• Harass, threaten, exploit, impersonate, or attempt to obtain unauthorized information about another person.
• Access another user’s account or workspace without authorization or share account access in a manner not permitted by the Service.
• Interfere with, disrupt, damage, or overload the Service, or introduce malware or harmful code.
• Probe, scan, test, or circumvent security, authentication, usage, payment, or access controls.
• Reverse engineer, decompile, disassemble, or attempt to discover source code or non-public models, prompts, data, or methods, except to the limited extent a restriction is prohibited by law.
• Scrape, crawl, data-mine, use automated means to access or extract from the Service, or use the Service, Pythago Content, or Output to develop or train a competing product or model.
• Resell, sublicense, timeshare, or commercially exploit access to the Service unless a separate written agreement permits it.

Pythago may investigate suspected violations and may remove content or restrict access where reasonably necessary to protect the Service, users, or third parties or to comply with law.

The Service depends on or may link to third-party models, infrastructure, payment services, websites, applications, and other resources. Pythago does not control and is not responsible for third-party services, their availability, or their independent terms and practices. Your use of a third-party service may be subject to additional terms between you and that provider.

Our Privacy Policy describes how Pythago collects, uses, discloses, and retains personal information and is incorporated into these Terms by reference.

If you provide ideas, suggestions, or other feedback about Pythago, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use, modify, disclose, and otherwise exploit that feedback without restriction or compensation. This section does not apply to learner content submitted for tutoring.

You may stop using the Service and may delete your account through available account controls. We may suspend or terminate access if you violate these Terms, fail to pay applicable fees, create legal or security risk, or if suspension is reasonably necessary to protect the Service, users, Pythago, or third parties.

Upon termination, your right to access the Service ends. Provisions that by their nature should survive termination will survive, including provisions concerning ownership, licenses already necessary to complete deletion and legal compliance, feedback, disclaimers, liability limitations, indemnification, disputes, and miscellaneous terms. Personal information is handled as described in the Privacy Policy.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, PYTHAGO CONTENT, AND OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PYTHAGO DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

PYTHAGO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; THAT DATA WILL NOT BE LOST; OR THAT CONTENT OR OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR YOUR NEEDS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PYTHAGO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF PYTHAGO AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO PYTHAGO FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Pythago and its affiliates, officers, directors, employees, agents, licensors, and service providers from claims, liabilities, damages, judgments, losses, and expenses, including reasonable legal fees, arising out of or relating to your User Content, your use or misuse of the Service, your violation of these Terms, or your violation of another person’s rights.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Except where applicable law requires otherwise or a separate written agreement provides otherwise, the state and federal courts located in Delaware will have exclusive jurisdiction, and you and Pythago consent to personal jurisdiction and venue in those courts.

Before filing a formal claim, you agree to contact legal@heypythago.com and make a good-faith effort to resolve the dispute informally. This informal process does not prevent either party from seeking urgent injunctive relief or filing a claim before an applicable limitation period expires.

You consent to receive agreements, disclosures, notices, receipts, security messages, and other Service-related communications electronically, including by email or through the Service. You agree that electronic communications satisfy legal requirements that communications be in writing. You are responsible for keeping your email address current.

You may not access, use, export, re-export, or transfer the Service in violation of United States export-control, sanctions, or other applicable trade laws. You represent that you are not located in, ordinarily resident in, or organized under the laws of a jurisdiction subject to a comprehensive United States embargo and are not a prohibited or restricted party.

We may update these Terms to reflect changes to the Service, our business, or applicable law. We will post the updated Terms and revise the effective date. If a change is material, we will provide appropriate notice and, when appropriate, require signed-in users to accept the updated Terms. Other changes become effective when posted, and continued use after the effective date constitutes acceptance.

These Terms, the Privacy Policy, and any applicable purchase or separate written agreement constitute the entire agreement between you and Pythago concerning the Service and supersede prior agreements concerning the same subject. If a separate written agreement conflicts with these Terms, the separate agreement controls for its subject matter.

You may not assign or transfer these Terms without our prior written consent. Pythago may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. Our failure to enforce a provision is not a waiver. If a provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

Pythago is not liable for delay or failure caused by events beyond its reasonable control. Section titles are for convenience only. These Terms do not create a partnership, joint venture, employment, agency, fiduciary, or third-party-beneficiary relationship.

If you believe material available through the Service infringes your copyright, send a notice to legal@heypythago.com identifying the copyrighted work, the allegedly infringing material and its location, your contact information, a good-faith statement that the use is unauthorized, a statement under penalty of perjury that the notice is accurate and you are authorized to act, and your physical or electronic signature. We may remove or restrict access to material and may terminate repeat infringers where appropriate.

Questions about these Terms may be sent to legal@heypythago.com.