Beta Terms of Service

PLEASE READ THESE BETA TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY CREATING AN ACCOUNT, CLICKING "I AGREE," OR USING THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

1. Purpose & Beta Nature of the Service

The services, software, website, and related digital tools provided by Spatrian ("Company," "we," "us," or "our") are currently in a pre-release, testing, and evaluation phase ("Beta Service"). You acknowledge and agree that:

• The Beta Service is experimental, incomplete, and undergoes frequent developmental updates.
• The Beta Service may contain software bugs, calculation errors, system crashes, or operational defects.
• Features may be added, changed, or removed without notice, including features you have come to rely on.
• Access is granted solely for testing, evaluation, and feedback purposes during this pre-commercial phase.
• The beta period is expected to run for between three and six months from the date above. Where in that range it ends depends on how many families take part and on whether their feedback is sufficient to release the product generally. It may end sooner than that, and we may extend it; either way we will say so rather than leaving you to guess. Section 13 covers what happens to your account and your records when it ends.

2. How This Agreement Fits With Our Other Terms

This Agreement supplements, and does not replace, the Terms of Service and the Privacy Policy. All three apply to your use of the Beta Service.

• Order of precedence. Where this Agreement and the Terms of Service conflict on a point governing the beta period, this Agreement controls. On every other point the Terms of Service continue to apply in full — including intellectual property, acceptable use, indemnification, and physical-activity risk.
• Privacy is unchanged. The Privacy Policy governs how we collect, use, store, and delete personal information during beta exactly as it does afterwards. Nothing in this Agreement reduces the protections it describes, including those that apply to children's data under COPPA and FERPA-equivalent practice.
• Disputes. Section 16 of the Terms of Service (good-faith negotiation, then binding arbitration, with a class-action waiver and an exception for injunctive relief) governs any dispute arising under this Agreement as well. Section 14 below states the governing law.
• When beta ends. On the date we announce general availability, this Agreement terminates and the Terms of Service govern your continued use without it.

3. Eligibility & Account Creation

To create an account for the Beta Service you must be at least 18 years of age, or the age of legal majority in your jurisdiction, and you must be the parent, legal guardian, or authorised instructor of any student you enrol.

• Student accounts. Children in your legal custody may hold their own sign-in to the Beta Service. You assume full legal responsibility for their activity, their data submissions, and their compliance with this Agreement.
• A player of 18 or 19. A player aged 18 or 19 at school or in a club may create their own account, with no parent or guardian. They enrol no one else, and accept this Agreement for themselves.
• Children under 13. A student under 13 does not use the Beta Service themselves. They have no sign-in; you keep their record, as described in the Privacy Policy.
• Accurate information. You agree to provide accurate registration information, keep it current, keep your credentials secure, and tell us promptly if you believe an account has been accessed by someone else.
• Invitations are personal. Beta access granted to you is for your household, co-op, or organisation as issued, and may not be passed to anyone else without our written consent.

4. License & Restrictions

Subject to your compliance with this Agreement, Company grants you a personal, non-exclusive, non-transferable, revocable, and limited license to access and test the Beta Service.

You agree not to:

• Reverse engineer, decompile, disassemble, or derive the source code or algorithms of the Beta Service.
• Rent, lease, lend, sell, distribute, or sub-license the Beta Service.
• Scrape, harvest, crawl, or extract automated data, models, or content without explicit written consent.
• Perform stress tests or competitive benchmarking in order to design, train, or build a competing product or service.

Security research. We would rather hear about a vulnerability than not. If you find one, tell us through the contact page before disclosing it anywhere else, and give us a reasonable opportunity to fix it. Testing carried out in good faith and reported that way — without accessing another family's data, degrading the service for others, or extracting data beyond what is needed to demonstrate the issue — is not a breach of this section.

5. Confidentiality of Unreleased Features

Parts of the Beta Service are not public. Unreleased features, prices under evaluation, screenshots of unannounced functionality, and any non-public information we share with beta participants are confidential. You agree not to publish or disclose them without our written consent until we have made them public ourselves. You remain free to say what you like about your own experience of the product, and to answer a regulator, a school district, or a court.

6. No Service Level Agreement & Data Retention

• No availability guarantees. The Beta Service is provided without uptime commitments, maintenance schedules, or operational support obligations. It may be interrupted or taken offline at any time without warning.
• Data loss & reset risk. We do not guarantee data retention, storage integrity, or backup redundancy during beta. Records, user profiles, activity metrics, progress logs, assessments, and configurations created during the beta test may be altered, corrupted, wiped, or reset — including by a release that changes how data is stored.
• What we do anyway. The production database is backed up before every release, and we restore from those backups where we can. This is a practice, not a promise, and it does not create an obligation we are liable for failing to meet.
• Export anything you need to keep. This matters more here than on an ordinary platform: Spatrian produces records — activity logs, portfolios, assessment reports, and transcripts — that a family may need for a state filing on a date it cannot move. Export them from the platform and keep your own copy as you go. You are solely responsible for maintaining external backups of any data you rely on.

7. Compliance Data, Transcripts & AI Features During Beta

Spatrian reports state homeschool physical-education requirements, maps your records against them, and generates documents from the result. During beta, treat all of it as a draft you check rather than an answer you file.

• State requirement data may not yet have been read by a person. Our compliance pipeline gathers requirements from official sources and, in some cases, verifies them automatically. Where a value has been checked by software but not yet reviewed by a person, the platform says so on the value itself. It is still your responsibility to confirm your obligations with your own state, district, or umbrella school before relying on them.
• Documents are supplementary. Transcripts, portfolios, and assessment reports produced by the Beta Service are supplementary homeschool records. Spatrian is not an accredited school and does not issue official academic records.
• AI-generated content. Coaching feedback, drill analysis, lesson content, and report narratives are generated in part by artificial intelligence. They are informational, may be wrong, and are not professional coaching, medical, or legal advice. Review them before relying on them. Where you submit video for analysis, it is processed as described in the Privacy Policy.
• Players at school or in a club. If your player is at school or plays for a club, their school or club keeps their physical-education record. Spatrian keeps their training, and nothing the Beta Service produces for them is a school record or a substitute for one.
• Nothing here warrants compliance. We do not warrant that the curriculum, the hours it records, or the documents it produces satisfy any particular jurisdiction's requirements.

8. Physical Activity Risk

The curriculum involves physical activity, which carries an inherent risk of injury. Beta status changes nothing about that responsibility. You remain responsible for ensuring your child is medically cleared, for providing a safe training environment and appropriate equipment, for supervising activity, for judging weather and conditions, and for modifying or skipping anything unsuitable for your child. Section 9 of the Terms of Service applies in full.

9. Fees During Beta

• Beta access may be offered free of charge, at a reduced rate, or on an invitation basis. Any pricing shown during beta is provisional and may change before general availability.
• Where you do pay, payment is processed by Stripe and the billing and cancellation terms in Section 5 of the Terms of Service apply.
• Free or discounted beta access does not create an entitlement to the same terms after beta ends. We will tell you what your plan costs before you are charged for it.
• We are under no obligation to release any beta feature commercially, or to release the Beta Service at all.
• The six months at no cost that we offer beta families after the beta ends are conditional on taking part as Section 9A describes. They are not otherwise owed.

9A. Taking Part

Beta places are limited, and families are waiting for one. A place is given in exchange for using the product and telling us how it went. To keep your place, and the six free months after the beta, your family agrees to the following. The clock starts the first time you accept a version of these terms that carries this section; accepting a later version does not restart it.

• Setup in your first seven days. Add at least one child, set your state, and complete one lesson. If your player is at school or plays for a club, their school keeps their PE record and there is no state to set; adding your player and completing one lesson is setup.
• Every fourteen days after that, all three of these: a parent signs in; at least one drill or lesson is recorded for a child in your family; and any short questions the app puts in front of you (usually one to three, as Section 10 describes, including one when a child finishes a unit) are answered within fourteen days of being shown. Skipping every question in a set does not count as answering it. Sessions entered today for earlier dates count on the day they are entered, not on the dates they describe.
• Warnings. We will email the account's address before a deadline, normally seven and three days ahead of it, and your dashboard shows what is due and when.
• If a deadline is missed, we may end your beta access and offer the place to the next family on the waiting list. The six free months are then forfeited. Your records are not deleted: you may ask us for an export of them within 30 days, as Section 13 provides, and you may ask to be reinstated, which is at our discretion.
• Recognition. A family that meets every fortnight for six in a row is recorded as a Founding Family. We may also credit additional free months, at our discretion, to families who go further, for example by joining a short call or allowing us to quote their feedback. Neither is promised in any particular amount.
• Referrals. When a family you referred with your link is given a beta place, your family and theirs are each credited one bonus month, added to the free months after the beta, as the Refer a Family page describes. A bonus month is subject to taking part in the same way as the six free months.
• Children are never asked to give feedback. The questions are for the parent.

10. User Feedback & Intellectual Property

• Ownership. Company and its licensors retain all right, title, and interest — including all patents, copyrights, trade secrets, and trademarks — in and to the Beta Service.
• Your content stays yours. Content you upload (videos, journal entries, images, documents, assessments) remains your property, under the license described in Section 7 of the Terms of Service. Feedback is not your content, and the next bullet is about Feedback alone.
• In-app surveys. During the beta we may occasionally present short surveys inside the product — typically one to three questions about how the Beta Service is working for your family. Your answers are Feedback for the purposes of the bullet below.
• Feedback. If you provide comments, suggestions, performance reports, feature requests, or bug submissions ("Feedback"), you grant Company an unrestricted, perpetual, irrevocable, royalty-free, transferable, worldwide license to use, incorporate, adapt, commercialize, and exploit that Feedback without any obligation of compensation, attribution, or accounting to you. Please do not include a child's personal information in Feedback; we do not need it to act on a bug report.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE BETA SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS.

COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
• WARRANTIES REGARDING ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY, OR UNINTERRUPTED AND SECURE TRANSMISSION.
• WARRANTIES THAT THE BETA SERVICE, ITS COMPLIANCE DATA, OR THE DOCUMENTS IT PRODUCES SATISFY ANY JURISDICTION'S LEGAL REQUIREMENTS.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• No consequential damages. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES — INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, GOODWILL, REPUTATIONAL DAMAGE, OR BUSINESS INTERRUPTION — ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE BETA SERVICE.
• Aggregate liability cap. COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING FROM ALL CLAIMS RELATED TO THIS AGREEMENT OR THE BETA SERVICE SHALL NOT EXCEED THE GREATER OF $50.00 USD (FIFTY U.S. DOLLARS) OR THE TOTAL AMOUNT PAID BY YOU FOR THE BETA SERVICE IN THE THREE MONTHS PRECEDING THE CLAIM.
• What is not capped. Nothing in this Agreement limits liability that cannot be limited by law, including liability for fraud, for wilful misconduct, or for death or personal injury caused by our negligence. Some jurisdictions do not allow these limitations, so parts of this section may not apply to you.

13. Suspension & Termination

Company may suspend, modify, discontinue, or terminate your account or your access to the Beta Service at any time, for any reason, with or without notice, and without liability to you. You may terminate your account at any time by ceasing all use of the Beta Service.

• Ending the beta programme. The beta is expected to run between three and six months (Section 1). Where we end it as a whole — at that point or earlier — we will give at least 30 days' notice through the platform or by email where it is practicable to do so.
• Getting your records out. Except where an account is terminated for abuse or unlawful use, you may export your data for 30 days after termination. Deletion follows the schedule in the Privacy Policy.
• What survives. Sections 4, 5, 10, 11, 12, and 14 survive termination of this Agreement.

14. Governing Law & Jurisdiction

This Agreement is governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

Disputes are resolved as described in Section 16 of the Terms of Service: good-faith negotiation first, then binding arbitration before the American Arbitration Association under its Consumer Arbitration Rules, on an individual basis and not as a class. Where a claim is not subject to arbitration, or either party seeks injunctive relief for intellectual property infringement or unauthorised access, it shall be brought exclusively in the state or federal courts located in the State of New York, and you consent to the personal jurisdiction and venue of those courts.

15. Modifications to Terms

We may revise this Agreement while the beta continues. Where a change is material we will say so through the platform before it takes effect. Continued access or use of the Beta Service after the posted effective date constitutes your binding acceptance of the revised Agreement. Each version carries the date it was last updated, at the top of this page.

16. Contact Information

For questions, feedback, or notices regarding this Agreement:

• Spatrian — Attn: Legal & Support
• Through the Contact Us page, which reaches a person rather than a form
• By email at: support@spatrian.com