By accessing or using Elementary Heroes, creating a family account, entering a family code, or letting a child play, you agree to be bound by these Terms of Service and by our Privacy Policy. If you do not agree, do not use the Service. If you are setting up the Service for a child, you additionally confirm that you are that child's parent or legal guardian and that you accept these Terms on their behalf.
Elementary Heroes (the "Service") is owned and operated by Solender AI, a company organized in the State of Maryland, United States ("Solender AI", "we", "us", "our"). These Terms of Service (the "Terms") are a binding agreement between you ("you", the "parent", or the "user") and Solender AI.
The Service is built with, and delivered through, artificial intelligence. Substantial portions of the Service, including its software code, curriculum content, questions, teaching explanations, spoken narration, and visual materials, were generated, authored, or assisted by AI systems, and some features call third-party AI services at runtime.
You acknowledge and agree that:
The Service is a supplemental learning game. It is not a school, a tutor, a curriculum of record, an assessment instrument, a diagnostic tool, or a substitute for instruction by a qualified educator. Progress reports, mastery indicators, grade levels, and recommendations are informational only and may be wrong. Nothing in the Service is educational, psychological, developmental, medical, or legal advice. Decisions about your child's education, placement, or evaluation should be made with qualified professionals. We make no promise of any educational outcome, score, improvement, or result.
You agree not to, and not to permit anyone else to:
You retain ownership of the limited content you enter (such as hero names). You grant Solender AI a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process that content solely to operate and improve the Service. You represent that you have the rights necessary to grant this license. We may remove content that violates these Terms without notice. We have no obligation to monitor content, but we may.
Portions of the Service may be offered free of charge and other portions may require a paid subscription or one-time purchase. If and when you purchase a paid plan:
The Service, including its software, curriculum, questions, explanations, audio, graphics, design, and the Elementary Heroes and Solender AI names and logos, is owned by Solender AI or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for the non-commercial educational use of the children in your household. All rights not expressly granted are reserved. If you send us feedback or suggestions, you grant us an unrestricted right to use them without obligation to you.
The Service depends on third-party platforms, APIs, models, libraries, and open-source components, which may include hosting, database and authentication providers, AI and text-to-speech providers, email delivery providers, and payment processors. You acknowledge that:
We may add, change, suspend, limit, or discontinue any part of the Service, including features, curriculum, grade levels, free tiers, and account plans, at any time and without notice. The Service may be unavailable due to maintenance, third-party failures, or defects. We do not guarantee that data, progress, stars, profiles, or settings will be preserved, backed up, recoverable, or free from corruption or loss, and you should not treat the Service as a system of record for anything you need to keep.
THE SERVICE, INCLUDING ALL CONTENT, AI-GENERATED CODE AND OUTPUT, SOFTWARE, AND MATERIALS, IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOLENDER AI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, SOLENDER AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICE OR ITS SERVERS ARE FREE OF HARMFUL COMPONENTS; THAT ANY CONTENT, QUESTION, ANSWER, EXPLANATION, OR PROGRESS REPORT IS ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR ANY PARTICULAR CHILD; OR THAT USE OF THE SERVICE WILL PRODUCE ANY EDUCATIONAL RESULT.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum scope and duration permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOLENDER AI AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, PROGRESS, GOODWILL, OR EDUCATIONAL OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOLENDER AI'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO SOLENDER AI FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50). IF YOU USE THE SERVICE FREE OF CHARGE, OUR TOTAL LIABILITY TO YOU IS ZERO.
This limitation applies to all claims, including those arising from AI-generated code or output, incorrect educational content, security incidents, unauthorized access, data loss or corruption, third-party service failures, and service unavailability. These limitations are a fundamental basis of the bargain between you and Solender AI and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so portions may not apply to you; in that case our liability is limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless Solender AI and its owners, members, officers, employees, contractors, and agents from and against any and all claims, demands, actions, investigations, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to: (a) your use or misuse of the Service; (b) any content you submit; (c) your violation of these Terms; (d) your violation of any law or of any right of a third party, including intellectual property, privacy, and publicity rights; (e) your violation of any obligation you owe to a child in your care; or (f) use of the Service by anyone accessing it through your account, family code, PIN, or device. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us.
You may stop using the Service at any time and may delete hero profiles from within the Service or request deletion of your family data by emailing us. We may suspend or terminate your access at any time, with or without notice, including for violation of these Terms or if we discontinue the Service. On termination, your license ends immediately and we may delete your data. Sections 4, 5, 6 (Your content), 8, 9, 11, 12, 13, 15, and 17 survive termination.
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Maryland, United States, without regard to its conflict of laws rules. You and Solender AI agree that the exclusive venue for any dispute will be the state or federal courts located in Maryland, and you consent to personal jurisdiction there. You agree to first contact us at missions@solender.ai and attempt in good faith to resolve any dispute informally for at least thirty (30) days before initiating a formal proceeding. To the maximum extent permitted by law, you and Solender AI agree that any dispute will be brought in an individual capacity only, and not as a plaintiff or class member in any class, collective, or representative action. Any cause of action arising out of or related to the Service must be filed within one (1) year after it arises or it is permanently barred, unless applicable law provides otherwise.
We may update these Terms from time to time. When we do, we will change the "Last updated" date above and post the revised Terms in the Service. Material changes will be identified as such where practical. Your continued use of the Service after the revised Terms take effect constitutes your acceptance of them. If you do not agree to the revised Terms, stop using the Service.
Solender AI
Maryland, United States
missions@solender.ai