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READKIDZ Terms of Service

Last Updated: September 7, 2026

Welcome and thank you for your interest in READKIDZ (“READKIDZ,” “we,” or “us”), a service owned and operated by AeonProgress LLC, a Colorado limited liability company with its registered address at 6105 S Main Street, Suite 392, Aurora, Colorado 80016, United States, and our website https://www.readkidz.com, as well as our related websites, hosted applications, application programming interfaces (each an “API”), mobile or other downloadable applications, and other services we provide (collectively, the “Services”). These Terms of Service constitute a legally binding contract between you and READKIDZ regarding your use of the Services.

Please read the following terms carefully:

By clicking “I Accept,” or by downloading, installing, or otherwise accessing or using the Services (collectively, “Accepting”), you agree that you have read and understood the following terms and conditions, and as a condition to your use of the Services, you agree to be bound by them, including READKIDZ’s Privacy Policy (located at: https://www.readkidz.com/privacy/) (the “Privacy Policy”), the use and content rules in Sections 6 and 9 (collectively, these “Terms”). If you do not meet the eligibility requirements or do not agree to these Terms, you do not have the right to use the Services. Your use of the Services and READKIDZ’s provision of the Services to you constitutes an agreement by READKIDZ and you to be bound by these Terms.

Arbitration Notice. Except for certain types of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and by accepting these Terms, you and READKIDZ are each waiving the right to a trial by jury or to participate in any class action or representative proceeding.

1. Overview of READKIDZ Services

Our platform allows you to use basic AIGC functions provided by the platform such as text processing, image generation, audio synthesis, and video generation. You can also use various pre-set templates and resources on the platform to produce content supported in different application fields.

2. Eligibility

You must be at least 18 years old to register for, hold, or enter into these Terms for an account. By creating an account or accepting these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from using the Services; and (c) your registration and use of the Services comply with applicable laws and regulations. If you act on behalf of an entity, organization, or company, you represent and warrant that you have authority to bind it to these Terms.

Children under 18 may use the Services only through an account held by their parent or legal guardian and under that adult's supervision. Children may not register for or hold their own accounts or independently enter into these Terms. The adult accountholder is responsible for supervising that use, reviewing content for suitability, and ensuring compliance with these Terms and applicable law. This supervised-use permission does not replace any parental consent or other protections required by applicable children's privacy law; please see Section 8 of our Privacy Policy.

3. Accounts and Registration

To access most features of the Services, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your user nickname, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.

4. General Payment Terms

Paid subscriptions, credits, and other purchases on the Services are sold by AeonProgress LLC. Payments are processed securely through Stripe. For billing or payment questions, contact help@readkidz.com.

Certain features of the Services may require you to pay fees as set forth on our https://www.readkidz.com/pricing/ (“Pricing Page”). We may charge different prices for certain features of the Services. Before you pay any fees, you will have an opportunity to review and accept the fees that will be charged to you. Unless otherwise stated in these Terms, all fees are in US dollars and are non-refundable, except as required by law.

4.1 Subscription Plans & Pricing

  1. Standard ($10/month)
  2. Pro ($30/month)
  3. Mega ($50/month)

4.2 Steps to Cancel Auto-Renewal

  1. Log in to (https://www.readkidz.com/).
  2. Click "Account Center" (top-left corner) to access your dashboard.
  3. Click "Settings" in your dashboard to enter Settings Center.
  4. Under Settings Center,locate"Subscription Management" and click the adjacent "Manage" button to cancel subscription.
  5. Upon successful cancellation:

➤Your benefits remain active until the current billing cycle ends ➤No automatic payment will be initiated for the next cycle

  1. After the current billing cycle expires:

➤Your subscription benefits will be revoked ➤Your account will revert to the "Free" tier

4.3 Rules for Purchasing Additional Credits Separately

Subscription add-on credit packs are available to eligible active subscribers. Canceling your subscription ends eligibility to purchase these add-on packs, but does not end benefits already paid for before the current billing cycle expires.

4.4 Delinquent Accounts

If a subscription renewal payment fails or an amount is overdue, we will notify you using the contact details associated with your account and give you a reasonable opportunity, as stated in that notice, to update your payment method or resolve the overdue amount. We may suspend the affected paid features while payment remains outstanding. Any collection charges must be disclosed to you and permitted by applicable law.

An expired or invalid payment method does not, by itself, authorize deletion of your account or User Content. Account termination is governed by Section 13, and personal-information retention and deletion are governed by Sections 6 and 9 of our Privacy Policy. This does not prevent restrictions required by law or necessary to address fraud or security risks.

5. Refund Policy

5.1 Limited Refund Eligibility

For monthly or annual subscription packages and non-subscription digital packages, including separately purchased credit packages, you may request a full refund within 24 hours of the purchase only if the purchased package is completely unused. Completely unused means that no credits or included benefits from that package have been consumed and no AI generation task has been started using that package. The same conditions apply to each subscription renewal, measured from the renewal transaction.

5.2 Non-Refundable Purchases

Except under Section 5.1, Section 5.7, or as required by applicable law, digital-service purchases are non-refundable. Subject to those exceptions, no refund is available after the 24-hour window or after any use of the purchased package, including for unused subscription time, expired or partially used credits, change of mind, accidental purchase, or dissatisfaction with completed AI-generated content.

5.3 Technical Issues and Credit Restoration

Contact help@readkidz.com if you experience a technical issue. A technical interruption does not create an additional voluntary cash-refund entitlement outside Sections 5.1 and 5.7. Any restoration of credits after a verified generation failure is a service adjustment, not a cash refund, and is handled under the Refund Policy. Nothing here limits remedies required by applicable law.

5.4 Cancellation

Canceling a subscription stops future renewals and does not itself refund the current payment. Paid subscription benefits remain available until the end of the current paid billing period. Ordinary cancellation refunds are governed by Section 5.1. Cancellation does not remove a refund entitlement arising under Section 5.7 or applicable law.

5.5 Refund Policy and Statutory Rights

Our Refund Policy sets out the request process, credit rules, and separate after-sales terms for physical book printing. If these Terms conflict with the Refund Policy on refund eligibility or credit validity, the Refund Policy controls. Nothing in either document excludes refunds, withdrawal rights, remedies for unauthorized payments, or other consumer rights that cannot be excluded under applicable law.

5.6 Changes and Existing Purchases

Changes to this refund policy are subject to Section 12. A change does not retroactively reduce refund rights or shorten credit validity promised for a purchase made before the change took effect.

5.7 Platform Discontinuation and Paid Core Features

If READKIDZ permanently discontinues the Services or removes a core feature included in your paid purchase so that we can no longer deliver the affected prepaid service, we will provide a proportionate refund for the undelivered portion under Section 11.5 of our Refund Policy. This exception is not subject to the 24-hour request window or the requirement that the entire package be unused. Prior use of another part of the purchase does not disqualify the undelivered portion. The calculation, treatment of valid unused purchased credits, and request process are set out in that section. This refund calculation and process also apply to the termination of affected prepaid services described in Section 12 when we cannot continue them under the existing Terms after you decline a material change.

6. License

6.1 Limited License

Subject to your complete and ongoing compliance with these Terms, READKIDZ grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Services on a computer or mobile device that you own or control (whether installed by you or pre-installed on your mobile device by the device manufacturer or wireless telephone provider); and (b) access and use the Services. You may only access our Services through the products or platforms provided by READKIDZ officially. Any losses caused by accessing the Services through hacking, reverse engineering, plugins, etc., will be borne by you.

6.2 License Restrictions

Except as expressly permitted by applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Services; (b) modify the Services; or (c) interfere with or circumvent any feature of the Services, including any security or access control mechanism; (d) reverse engineer, decompile, disassemble, or attempt to access the source code or non-public APIs of the Services, except to the extent expressly permitted by law (and then only with prior notice to READKIDZ); (e) remove or obscure any proprietary notices in the Services; (g) publish any benchmark or performance information about the Services; (f) interfere with the operation of the Services, circumvent any access restrictions, or conduct any security or vulnerability testing of the Services; (g) transmit any viruses or other harmful materials to the Services; (h) take any action that could harm others or compromise the security, availability, or integrity of the Services; or (i) access or use the Services in violation of any law. If applicable law prohibits you from using the Services, you may not use the Services. We may set and enforce limits on your use of the product services (e.g., limiting your access, logins, etc.) at our discretion. You agree not to attempt to circumvent any such limits set by the product services.

6.3 Feedback

We respect and appreciate user ideas and comments. If you choose to provide feedback on existing features, service issues, or proposed modifications or improvements (“Feedback”), you hereby grant READKIDZ an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. We have no obligation to provide attribution for any Feedback you provide to us.

7. Ownership; Proprietary Rights

The Services are owned and operated by READKIDZ. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by READKIDZ (the “Materials”) are protected by intellectual property and other laws. All Materials included in the Services are the property of READKIDZ or its third-party licensors. Except as expressly authorized by READKIDZ, you may not use any Materials. There are no implied licenses in these Terms, and READKIDZ reserves all rights to the Materials not expressly granted in these Terms.

8. Third-Party Terms

8.1 Third-Party Services and Linked Websites

READKIDZ may provide tools through the Services that enable you to export information (including User Content) to third-party services, including through features that allow you to link your account on READKIDZ with an account on the third-party service (e.g., Google or Facebook), or through our implementation of third-party buttons (e.g., “like” or “share” buttons). By using one of these tools, you authorize READKIDZ to transfer that information to the applicable third-party service. Third-party services are not under READKIDZ’s control, and READKIDZ is not responsible for any third-party service’s use of your exported information to the fullest extent permitted by law. The Services may also contain links to third-party websites. Linked websites are not under READKIDZ’s control, and READKIDZ is not responsible for their content. Be sure to review any third-party service’s terms and privacy policies before sharing any User Content or information with them. Once shared, READKIDZ can no longer control the information that has been shared.

8.2 Third-Party Software

The Services may include or integrate third-party software components that are generally offered free of charge under licenses granting recipients broad rights to copy, modify, and distribute these components (“Third-Party Components”). Although the Services are provided to you subject to these Terms, nothing in these Terms will prevent, restrict, or be intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

9. User Content

9.1 General User Content

Certain features of the Services may permit users to submit, upload, or otherwise provide content (collectively, “Submissions”), including data, text, and any other works of authorship or materials (collectively, “User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you submit to the Services, subject to the license granted in these Terms. By submitting User Content to or through the Services, you grant READKIDZ a worldwide, non-exclusive, revocable, royalty-free, fully paid right and license to use your User Content to provide the Services and take other actions as directed by you.

9.2 You Must Have Rights to the Content

You may not submit any User Content if you are not the owner of or fully authorized to grant rights to all elements of the User Content. READKIDZ assumes no responsibility for User Content. You are solely responsible for your User Content and the consequences of providing User Content through the Services. By providing User Content through the Services, you affirm, represent, and warrant that:

9.3 User Content Disclaimer

We have no obligation to edit or control the User Content you or other users submit, and we will not be in any way responsible or liable for User Content. However, READKIDZ may, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. For clarity, READKIDZ does not permit copyright-infringing activities on the Services.

9.4 Usage Data; Aggregate Data

READKIDZ may access, use, transmit, transfer, store, host, or otherwise process (collectively, “Process”) Usage Data and Aggregate Data for internal business purposes, such as: (a) tracking usage of the Services for billing purposes; (b) providing support for the Services and improving the Services; (c) monitoring the performance and stability of the Services; (d) preventing or addressing technical issues with the Services. Customers shall not interfere with the collection of Usage Data. “Usage Data” means data generated by your use of the Services that does not identify you, any other natural person, or your entity, such as technical logs, data, and learnings about your use of the Services, but excluding any text-to-speech renderings and their content. “Aggregate Data” means data sets that have been de-identified or aggregated with other data so that the resulting data does not reasonably identify you or any specific individual or entity.

9.5 AI-Generated Content

Certain features of the Services use artificial intelligence to generate stories, images, audio, and video (“Outputs”) from the Submissions and instructions you provide. As between you and READKIDZ, and subject to your compliance with these Terms, READKIDZ assigns to you all of its right, title, and interest in and to the Outputs you create through the Services, and you may use them for any lawful purpose, including personal and commercial use. This assignment does not extend to the Materials (Section 7), to third-party content contained in your Submissions, or to Outputs created by other users.

Free-plan exports may include a READKIDZ watermark. Watermark-free export is available where included in your applicable paid plan or product-specific entitlement, as described on the relevant pricing or purchase page. Eligibility depends on the plan benefits in effect at the time of export or the export rights attached to the purchased product. Buying additional credits does not by itself unlock watermark-free export for all content.

Due to the nature of artificial intelligence, Outputs may not be unique: the same or similar Outputs may be generated for other users from similar prompts, and no exclusivity is granted in the styles, ideas, or general characteristics embodied in Outputs beyond the rights described above. Outputs are generated by machine and may contain errors or inaccuracies; you are responsible for reviewing Outputs before relying on them or distributing them. Outputs are produced with the assistance of third-party AI service providers that process your Submissions on our behalf (see Section 8.1 and our Privacy Policy). You must not use the Services to generate Outputs that would violate Section 9.2 or applicable law.

10. Communications

10.1 Push Notifications

When you install our application on your mobile device, you agree to receive push notifications, which are messages an application sends to your mobile device even when you are not using the application. You can turn off notifications by visiting your mobile device’s “Settings” page.

10.2 Emails

We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional emails.

11. Intellectual Property Protection

READKIDZ respects intellectual property rights and does not permit infringing content on the Services. To report suspected infringement, email help@readkidz.com with the subject line "Intellectual Property Complaint". Please include:

We may request information needed to assess the report and may restrict or remove content that violates these Terms or applicable law. If you believe your content was restricted in error, reply to the notice you received or contact the same email address with the content identifier and your explanation. This reporting process does not limit any notice, response, or other rights available under applicable law.

12. Modification of the Terms

We may modify these Terms from time to time and will identify the effective date of each update. For existing users, material changes will take effect no earlier than 30 days after we notify you by email or a prominent in-product notice. A shorter period is permitted only to the extent necessary to comply with law or address an urgent security or fraud risk; we will explain the reason and give as much notice as reasonably possible. Other changes take effect on the stated date. Changes do not retroactively reduce rights promised for existing purchases.

We may ask you to accept updated Terms for continued use after they take effect. Declining a material change does not, by itself, forfeit prepaid benefits. Where we cannot continue providing those benefits under the existing Terms and end the affected service for that reason, we will refund the undelivered prepaid portion using the calculation and process in Section 11.5 of our Refund Policy. Changes to arbitration are subject to the additional protections in Section 17.9. Except as permitted in this section, amendments require a written agreement between you and READKIDZ.

13. Term, Termination, and Modification of the Services

13.1 Term

These Terms are effective beginning when you accept them and continuing until terminated as described in Section 13.2 (Termination).

13.2 Termination

If you violate any provision of these Terms, your authorization to access the Services and these Terms will automatically terminate. In addition, READKIDZ may, at its sole discretion, terminate these Terms or your access to the Services at any time, with or without notice, if we believe you have violated these Terms, if we are required to do so by law, or if continuing to provide the Services to you would create legal or security risk for READKIDZ. You may terminate these Terms at any time by deleting your account and ceasing all use of the Services.

13.3 Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access your account or the Services; (c) you must pay READKIDZ any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 6.3 (Feedback), 7 (Ownership; Proprietary Rights), 9 (User Content), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by READKIDZ), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you upload to the Services or generate through the Services, since upon termination of your account you may lose access to any User Content associated with it. Unused credits, whether included in a subscription plan or purchased separately, expire upon termination, but this does not extinguish a refund entitlement under Section 5, including Section 5.7 for platform discontinuation, or applicable law. For a Section 5.7 refund, eligible unused purchased credits are assessed immediately before the discontinuation takes effect, not after termination has expired them.

13.4 Modification of the Services

READKIDZ may modify the Services, including available AI models, styles, generation options, and other features, or discontinue all or part of the Services. For a planned permanent discontinuation or removal of a core feature included in an existing paid purchase, we will give affected users reasonable advance notice by email or an in-product notice, including the effective date and how to request any refund due under Section 5.7. Where advance notice is not reasonably possible because of legal, security, or emergency requirements, we will notify affected users as soon as reasonably possible.

Changes do not remove our obligation to refund the undelivered prepaid portion under Section 5.7. An ordinary model update or temporary interruption does not by itself trigger that exception if the purchased core functionality remains available. Nothing in this section limits remedies required by applicable law.

14. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend and indemnify READKIDZ, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “READKIDZ Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any User Content you submit to the Services or any content you generate using the Services, including the prompts, images, and reference materials you provide; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

15. Disclaimers; No Warranties by READKIDZ

THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING ANY AI-GENERATED CONTENT, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. READKIDZ DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF DEALING, USAGE, OR TRADE. READKIDZ DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND READKIDZ DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

AI-GENERATED CONTENT IS PRODUCED BY AUTOMATED SYSTEMS AND MAY BE INACCURATE, INCOMPLETE, INCONSISTENT ACROSS PAGES OR SCENES, OR OTHERWISE NOT SUITABLE FOR YOUR INTENDED PURPOSE. READKIDZ DOES NOT WARRANT THAT ANY OUTPUT WILL BE UNIQUE, FREE FROM SIMILARITY TO CONTENT GENERATED FOR OTHER USERS, OR FREE FROM THIRD-PARTY RIGHTS. YOU ARE RESPONSIBLE FOR REVIEWING ALL OUTPUT BEFORE SHARING IT WITH CHILDREN OR OTHERS AND FOR DETERMINING WHETHER IT IS APPROPRIATE FOR YOUR USE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE READKIDZ ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES AND YOUR DEALING WITH ANY OTHER USER OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 15 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. READKIDZ does not disclaim any warranty or other right that READKIDZ is prohibited from disclaiming under applicable law.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE READKIDZ ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY READKIDZ ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE READKIDZ ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO READKIDZ FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) US$100.

Nothing in this Section 16 limits liability that cannot lawfully be limited, or reduces any refund or other remedy expressly owed under Section 5 or our Refund Policy. Mandatory consumer protections continue to apply.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17. Dispute Resolution and Arbitration

17.1 Generally

Except as described in Section 17.2 (Exceptions) and Section 17.3 (Opt-Out), you and READKIDZ agree that every dispute arising in connection with these Terms, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a lawsuit in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND READKIDZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.2 Exceptions

Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.

17.3 Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to AeonProgress LLC, Attention: Legal Department – Arbitration Opt-Out, 6105 S Main Street, Suite 392, Aurora, Colorado 80016, United States, or an email to help@readkidz.com with the subject line “Arbitration Opt-Out”, that specifies: your full legal name, the email address associated with your account on the Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once READKIDZ receives your Opt-Out Notice, this Section 17 will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

17.4 Arbitrator

This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting READKIDZ.

17.5 Commencing Arbitration

Before initiating arbitration, either party must send the other a written notice describing the dispute, the relevant account or transaction, and the relief requested (a "Notice of Dispute"). You may send it by email to help@readkidz.com, with the subject line "Notice of Dispute", or by mail to AeonProgress LLC, 6105 S Main Street, Suite 392, Aurora, Colorado 80016, United States. We may send our notice to the email address associated with your account or a postal address you have provided. Email is an accepted method even if a postal address is available.

The parties will try in good faith to resolve the dispute within 30 days after receipt of the notice. If it remains unresolved, either party may commence arbitration under the AAA Rules. This informal process does not prevent actions permitted by Section 17.2, urgent relief allowed by law, or filing necessary to preserve a claim before a legal deadline. Confidential information in the proceedings will be handled under applicable law and the AAA Rules; nothing here prevents lawful disclosures to advisers, regulators, or courts.

17.6 Arbitration Proceedings

The hearing format and location will be determined under the AAA Rules. Proceedings may be conducted by written submissions, telephone, or video where agreed by the parties or permitted by those rules. Any in-person hearing must take place at a location reasonably convenient to both parties, taking account of the consumer's ability to travel and the circumstances of the dispute. If the parties cannot agree, AAA or the arbitrator will determine the location under the applicable rules. There is no requirement in these Terms that a consumer travel to Colorado merely because a claim exceeds US$10,000.

During arbitration, settlement offers must not be disclosed to the arbitrator before a final decision unless the AAA Rules or applicable law require otherwise. The arbitrator must issue a reasoned written decision explaining the essential findings and conclusions supporting the award.

17.7 Arbitration Relief

Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. The arbitrator’s award shall be final and binding on all parties, except (i) for judicial review expressly permitted by law or (ii) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

17.8 No Class Actions

YOU AND READKIDZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and READKIDZ agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

17.9 Modifications to this Arbitration Provision

If we make a material change to this arbitration provision, other than an update to contact details, we will notify you under Section 12. You may reject that change within 30 days after receiving notice by emailing help@readkidz.com with the subject line "Arbitration Change Rejection", or by writing to the address in Section 18.6. Include the email address associated with your account and identify the change you reject. The arbitration provision in effect immediately before that change will continue to apply between you and READKIDZ. Rejecting the change does not, by itself, terminate your account or forfeit prepaid benefits, and does not affect any valid opt-out under Section 17.3.

17.10 Enforceability

If Section 17.8 (No Class Actions) or the entirety of this Section 17 is found to be unenforceable, or if READKIDZ receives an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing Law) will govern any action arising out of or related to these Terms.

18. Miscellaneous

18.1 General Terms

These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and READKIDZ regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

18.2 Governing Law

These Terms are governed by the laws of the State of Colorado without regard to conflict of law principles. You and READKIDZ submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Arapahoe County, Colorado for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Services from our offices in the United States, and we make no representation that materials included in the Services are appropriate or available for use in other locations.

18.3 Privacy Policy

Please read the READKIDZ Privacy Policy (located at https://www.readkidz.com/privacy/) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The READKIDZ Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

18.4 Additional Terms

Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (the “Additional Terms”), including our Refund Policy (located at https://www.readkidz.com/return-privacy/). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

18.5 Consent to Electronic Communications

By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy and in Section 10 (Communications). Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

18.6 Contact Information

The Services are offered by AeonProgress LLC, located at 6105 S Main Street, Suite 392, Aurora, Colorado 80016, United States. You may contact us by sending correspondence to that address or by emailing us at help@readkidz.com.

18.7 Notice to California Residents

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

18.8 No Support

We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.

18.9 International Use

We operate the Services from the United States and welcome families from around the world. We make no representation that the Services are appropriate or available for use in every location, and access to the Services from countries or territories, or by individuals, where such access is illegal is prohibited. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.