Terms of Service

Magnify by Design, Inc. [(d/b/a MagnifyED)]

Effective Date: June 20, 2026

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE MAGNIFYED PLATFORM. SECTION 18 CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND CLASS‑ACTION WAIVER, SUBJECT TO A 30‑DAY OPT‑OUT RIGHT. THESE TERMS ALSO LIMIT OUR LIABILITY, ALLOCATE INTELLECTUAL PROPERTY RIGHTS, AND DESCRIBE OUR ROLE AS A PROVIDER OF AUTOMATED ARTIFICIAL INTELLIGENCE TOOLS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

1. The Service and Your Acceptance

1.1 The Service. These Terms of Service (the “Terms”) are a binding agreement between you (“you” or “User”) and Magnify by Design, Inc., a Delaware corporation doing business as MagnifyED (“MagnifyED,” “we,” “us,” or “our”). They govern your access to and use of the MagnifyUS platform, the website at www.magnifyed.ai, and any related web or mobile applications, features, tools, or content that we make available (collectively, the “Service”). We grant you the limited, revocable, non‑exclusive, non‑transferable right to access and use the Service in accordance with these Terms.

1.2 What the Service Does. The Service is an AI‑powered instructional platform that allows educators to upload reading materials and other educational content (“Inputs”) and to use automated artificial‑intelligence tools to generate modified, project‑based, or differentiated student‑facing instructional materials (“Generated Materials”) tailored to varying student literacy levels, including multilingual learners and students reading below grade level.

1.3 Acceptance. By creating an account, clicking “I agree,” or otherwise accessing or using any portion of the Service, you (a) acknowledge that you have read and understood these Terms; (b) agree to be bound by these Terms and by our Privacy Policy (which is incorporated by reference); and (c) represent that you have the authority to do so on your own behalf and, where applicable, on behalf of any organization for which you act.

1.4 Institutional Procurement. If you are accessing or using the Service on behalf of a school, school district, or other educational institution under a separate written agreement between that institution and MagnifyED (an “Institutional Agreement”), the Institutional Agreement governs and supersedes these Terms to the extent of any conflict. These Terms continue to apply to your individual relationship with MagnifyED in all other respects. The Service is not designed for the processing of student data under any circumstances (see Section 7).

2. Eligibility and Accounts

2.1 Eligibility. The Service is intended solely for use by adults who are at least eighteen (18) years of age and who are educators, curriculum developers, school administrators, or other educational professionals. The Service is not directed to, and we do not knowingly permit accounts to be created by, children under thirteen (13). Students are not intended end users of the Service.

2.2 Account Registration. To access most features of the Service, you must register for an account. You agree to provide accurate, current, and complete information; to keep your credentials confidential; and to promptly notify us at security@magnifyed.us of any unauthorized access. You are responsible for all activity under your account.

2.3 Authority to Bind Employer. If you use the Service in connection with your employment or engagement (for example, as a teacher employed by a school district), you represent that you are authorized by your employer to use the Service and that you have the right to upload the Inputs you provide.

3. Subscriptions, Credits, and Fees

3.1 Plans. MagnifyED offers (a) a free tier providing a limited number of credits for use of the Service, and (b) paid monthly subscription plans with usage‑based credit allotments. (c) a paid monthly subscription for multiple users with usage-based credit allotments and (d) a top up option for additional credits. Current plan descriptions, credit allotments, and prices are posted at www.magnifyed.ai/pricing and are incorporated into these Terms by reference. We may modify our plans, prices, and credit bands on at least thirty (30) days’ prior notice; price changes apply at the start of your next renewal term.

3.2 Billing and Payment Processor. Paid plans are billed monthly in advance through our payment processor, Stripe. We may change our payment processor at any time. Fees are non‑refundable except as required by law or as expressly stated in these Terms. You authorize us and our payment processor to charge your designated payment method for all fees and applicable taxes.

3.3 Auto‑Renewal and Cancellation. Paid subscriptions automatically renew at the end of each monthly term for successive monthly terms at the then‑current rate, unless cancelled through the account dashboard or by emailing billing@magnifyed.us before the end of the then‑current term. You may cancel auto‑renewal at any time; cancellation takes effect at the end of the current paid term.

3.4 Free Tier. We may modify, suspend, or discontinue the free tier at any time. We will provide at least thirty (30) days’ prior notice of any discontinuation by email and through the Service.

4. Acceptable Use Policy

4.1 General. You agree not to use the Service in any manner that violates these Terms or any applicable law. The categories below are illustrative and not exhaustive.

4.2 Prohibited Conduct. You will not:

upload, transmit, or otherwise make available any Input that violates the intellectual property, privacy, publicity, or other rights of any third party, including any Input that you do not own, license, or have legal authority to use;
upload textbook chapters, workbook pages, assessment materials, or other content owned by an educational publisher unless your school or district has a license that expressly permits copying, modifying, or AI‑assisted transformation and redistribution of that content, or your use otherwise qualifies as fair use under U.S. copyright law (which you are solely responsible for determining);
upload, paste, or otherwise make available through the Service any Student Data (as defined in Section 7), regardless of the source of the data or any authorization you may believe you have to share it. The Service is not designed to receive student information of any kind;
use the Service to generate materials that are unlawful, defamatory, harassing, hateful, discriminatory, obscene, sexually explicit, violent, or otherwise harmful, particularly with respect to minor audiences;
attempt to reverse engineer, decompile, derive source code from, scrape, or otherwise extract the underlying models, training data, prompts, or system instructions of the Service;
use the Service to develop, train, fine‑tune, or evaluate a competing AI model, or to benchmark the Service against competing services for the purpose of building a competing offering;
introduce malware, automated agents, or any code or process that interferes with the Service or with other users’ use of the Service; or
use the Service in any high‑stakes decision context (including individualized education program (IEP) eligibility determinations, special‑education placement, disciplinary action, or grading decisions).

4.3 Enforcement. We may, at any time and in our reasonable discretion, remove or refuse to process any Input or Generated Material; suspend or terminate accounts; and report violations to law enforcement, copyright owners, or other appropriate parties.

5. Your Inputs; License to MagnifyED

5.1 Ownership of Inputs. As between you and MagnifyED, you retain all right, title, and interest in and to the Inputs you upload to the Service. We claim no ownership of your Inputs.

5.2 License to MagnifyED. You grant MagnifyED a limited, non‑exclusive, royalty‑free, worldwide license, during the period you use the Service and for a reasonable wind‑down period thereafter, to host, store, copy, transmit, transform, process, display back to you, and create Generated Materials from your Inputs, in each case solely to provide the Service to you and to comply with applicable law. This license does not authorize MagnifyED to (a) use your Inputs or Generated Materials to train, fine‑tune, or evaluate any foundation, base, or general‑purpose AI model used to serve any other customer; (b) sell, license, or rent your Inputs or Generated Materials; or (c) use your Inputs or Generated Materials for advertising or marketing. The foregoing does not limit MagnifyED’s rights with respect to Generated Vocabulary Images pursuant to Section 6.1(b).

5.3 Your Representations. You represent and warrant that (a) you own or have all rights, licenses, consents, and permissions necessary to upload your Inputs and to authorize the transformations contemplated by the Service; (b) your Inputs do not infringe or violate any intellectual property, privacy, publicity, or other rights of any third party and do not violate any contractual or licensing restriction applicable to the source material; and (c) your use of the Service, including all Input and Generated Materials, complies with all applicable laws and regulations.

5.4 Feedback. If you provide us with suggestions, ideas, or other feedback regarding the Service (“Feedback”), you grant us a perpetual, irrevocable, royalty‑free, worldwide license to use the Feedback for any purpose, including to improve the Service. Feedback does not include your Inputs or Generated Materials.

6. Generated Materials and AI Disclosures

6.1 Ownership of Generated Materials.

(a) Generated Materials Generally. Subject to your compliance with these Terms, MagnifyED assigns to

you, to the extent any rights vest in MagnifyED, all right, title, and interest in and to the Generated

Materials created from your Inputs. You are responsible for determining whether the Generated

Materials are appropriate and lawful for your intended use.

(b) Generated Vocabulary Images. When you request a word‑level vocabulary definition through the

Service, the Service may return an illustrative image depicting the requested term (each, a “Generated

Vocabulary Image”). Generated Vocabulary Images do not include any text, lesson plan, full passage,

multi‑word composition, or any image that incorporates any of your Inputs or other content beyond a

depiction of the requested word itself. To support response time, cost, and consistency, MagnifyED

maintains a centralized library of Generated Vocabulary Images, may draw from that library to respond

to vocabulary requests from you and from other Users, and may add to that library any Generated

Vocabulary Image created in response to your requests. As between you and MagnifyED, MagnifyED

retains all right, title, and interest in and to the Generated Vocabulary Images, whether or not they

appear in your Generated Materials. MagnifyED hereby grants you a perpetual, royalty‑free,

non‑exclusive, worldwide license to use, reproduce, display, and distribute Generated Vocabulary

Images that appear in your Generated Materials, in connection with the educational use of those

Generated Materials.

6.2 Copyright Status of AI Output. You acknowledge that, under current U.S. Copyright Office guidance and case law, material generated by an AI system without sufficient human creative contribution may not be eligible for copyright protection. We make no representation that the Generated Materials are copyrightable, and the allocation of rights in Section 6.1 takes effect only to the extent any rights exist.

6.3 You Are Interacting with AI. The Service uses automated AI models, including large language models supplied by third‑party providers, to generate the Generated Materials. AI outputs can be inaccurate, incomplete, biased, or otherwise unsuitable for a particular purpose. You agree to (a) review the Generated Materials for accuracy, appropriateness, and bias before using them with students; (b) not present the Generated Materials to students as authoritative without your own professional review; and (c) not use the Service as a substitute for licensed professional judgment in areas such as special‑education planning, disability accommodation, counseling, or assessment of student performance.

6.4 No Use of Inputs for Cross‑Customer Training. We do not use your Inputs, your Generated Materials, or any data derived from them to train, fine‑tune, evaluate, or improve any AI model that is used to serve any other customer. We may use de‑identified, aggregated usage data (for example, feature‑use counts, error rates, and latency metrics) for product operations, security, and service‑integrity purposes.

6.5 Third‑Party Model Providers. The Service relies on third‑party AI model providers including Gemini 3.5 and Gemini AI studio. Your Inputs may be transmitted to those providers for processing under contractual confidentiality and data‑protection obligations. You agree to comply with the applicable terms and conditions of such third‑party AI model providers in connection with your use of the Service. Our current providers and sub‑processors are listed in our Privacy Policy.

7. No Use of the Service with Student Data

7.1 No Student Data. The Service is not designed to receive, process, store, or use student data of any kind. You agree not to upload to, or otherwise make available through, the Service any information that identifies or could reasonably identify a student, including (without limitation) a student’s name, contact information, photograph or other image, government identifier, biometric data, assessment results, behavioral or performance data, education records (as defined under the Family Educational Rights and Privacy Act), or any other information regulated by FERPA, the Children’s Online Privacy Protection Act, or any state student‑privacy law (collectively, “Student Data”).

7.2 Consequences of Prohibited Uploads. If you upload Student Data in violation of Section 7.1, we may, in our discretion and at any time, delete the content, suspend or terminate your account, and notify your employer or any school or district whose data appears to be affected. The Acceptable Use Policy in Section 4 applies in addition to this Section 7.

7.3 No “School Official” Relationship. Use of the Service through the consumer channel does not establish MagnifyED as a “school official” under FERPA, an “operator” under any state student‑privacy law, or any equivalent role under any other applicable law or regulation.

8. MagnifyED Intellectual Property

8.1 Our IP. The Service, including the platform, software, models (other than third‑party models), user interfaces, templates, documentation, and any of our names, logos, and trade dress (including “MagnifyED,” “MagnifyUS,” and “Magnify by Design”), is owned by MagnifyED or its licensors.

8.2 Reservation. All rights not expressly granted to you in these Terms are reserved by MagnifyED and its licensors.

9. Third‑Party Services and Links

9.1 Third‑Party Services. The Service integrates with or relies on third‑party services, including Gemini 3.5, Stripe, Google Studio AI, cloud flare, google cloud storage, Google Analytics 4. Your use of those third‑party services may be subject to separate terms and privacy policies. We are not responsible for the availability, accuracy, content, or practices of third‑party services.

10. Copyright Complaints and DMCA Notices

10.1 Designated Agent. MagnifyED complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Notices of claimed copyright infringement may be sent to our designated agent at: Magnify by Design, Inc., Attn: DMCA Agent, e‑mail copyright@magnifyed.us. Notices must include the information required by 17 U.S.C. § 512(c)(3).

10.2 Repeat‑Infringer Policy. We have adopted and implemented a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat infringers.

11. Privacy and Data Security

11.1 Privacy Policy. Our collection, use, and disclosure of personal information is described in our Privacy Policy, available at [www.magnifyed.ai/privacy]. The Privacy Policy is incorporated into and forms part of these Terms.

11.2 Security. We use commercially reasonable administrative, technical, and physical safeguards designed to protect Inputs and account information against accidental or unlawful loss, access, use, alteration, or disclosure. No system is perfectly secure, however, and we cannot guarantee the security of information transmitted to or stored on the Service.

12. Warranty Disclaimers

12.1 AS IS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICE AND THE GENERATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGNIFYED AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MAGNIFYED DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR‑FREE, OR FREE OF HARMFUL COMPONENTS.

12.2 AI Outputs. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE GENERATED MATERIALS WILL BE ACCURATE, COMPLETE, CURRENT, OR FREE FROM ERROR OR BIAS; (B) THE GENERATED MATERIALS WILL MEET ANY EDUCATIONAL STANDARD, READING‑LEVEL TARGET, OR INDIVIDUAL LEARNER NEED; OR (C) THE GENERATED MATERIALS WILL NOT INFRINGE OR MISAPPROPRIATE THIRD‑PARTY RIGHTS.

12.3 Educational Decisions. THE SERVICE IS A TOOL TO ASSIST EDUCATORS. IT IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A LICENSED EDUCATOR, SPECIAL‑EDUCATION PROFESSIONAL, OR LICENSED HEALTH‑CARE PROVIDER.

13. Limitation of Liability

13.1 Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAGNIFYED OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF MAGNIFYED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Aggregate Cap. THE TOTAL AGGREGATE LIABILITY OF MAGNIFYED FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID OR ARE PAYABLE TO MAGNIFYED FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

13.3 Carve‑Outs. THE LIMITATIONS IN THIS SECTION 13 DO NOT LIMIT OR EXCLUDE LIABILITY FOR (A) FRAUD OR FRAUDULENT MISREPRESENTATION; (B) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR (C) ANY LIABILITY THAT, UNDER APPLICABLE LAW, CANNOT BE LIMITED OR EXCLUDED.

13.4 Basis of the Bargain. YOU ACKNOWLEDGE THAT THE ALLOCATIONS OF RISK IN SECTIONS 12 AND 13 ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND THAT MAGNIFYED WOULD NOT MAKE THE SERVICE AVAILABLE TO YOU WITHOUT THEM.

14. Indemnification

14.1 By You. You will defend, indemnify, and hold harmless MagnifyED and its officers, directors, employees, contractors, and agents from and against any third‑party claims, demands, actions, suits, proceedings, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your Inputs or your use of the Generated Materials; (b) your breach of these Terms, including the Acceptable Use Policy; (c) your violation of any law, regulation, or third‑party right (including any intellectual property, privacy, or publicity right); or (d) any unauthorized upload of Student Data or other content prohibited by Sections 4 or 7.

14.2 Procedure. We will give you prompt written notice of any claim subject to indemnification; you will have sole control of the defense and settlement, provided that you may not settle any claim that imposes any obligation on or admits any liability of MagnifyED without our prior written consent; and we may participate in the defense with counsel of our choice at our expense.

15. Suspension and Termination

15.1 By You. You may terminate these Terms at any time by closing your account through the Service or by contacting us at support@magnifyed.us.

15.2 By Us. We may suspend or terminate your access to the Service, or any portion of it, at any time, with or without notice, if we reasonably believe you have breached these Terms; if your account has been inactive for an extended period; or if we discontinue the Service. For non‑emergency terminations of paid accounts, we will provide at least thirty (30) days’ prior notice.

15.3 Effect of Termination. Upon termination, your right to access the Service ends. We will make a copy of your Inputs and Generated Materials available for download for thirty (30) days following termination, after which we may delete them in the ordinary course of business. Sections 5.4, 6.2, 8, 10, 11, 12, 13, 14, 17, 18, and 19, and any accrued payment obligations, will survive termination.

16. Changes to These Terms or the Service

16.1 Changes to These Terms. We may modify these Terms from time to time. If we make material changes, we will provide notice through the Service or by email at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the modified Terms. If you do not agree, you must stop using the Service.

16.2 Changes to the Service. We may add, modify, or remove features of the Service at any time. We will use commercially reasonable efforts to provide advance notice of any material adverse change to a paid feature.

17. Governing Law and Forum

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict‑of‑laws provisions. The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. Subject to Section 18, each party irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware for any dispute permitted under these Terms to be brought in court, and waives any objection to personal jurisdiction or venue in such courts and any claim of inconvenient forum.

18. Dispute Resolution; Individual Arbitration; Class‑Action Waiver

18.1 Informal Resolution. Before initiating any formal proceeding, you and MagnifyED agree to attempt to resolve any dispute informally by sending written notice to the other party (to legal@magnifyed.us for MagnifyED) describing the dispute and the relief sought. The parties will negotiate in good faith for at least sixty (60) days following such notice.

18.2 Binding Individual Arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be finally settled by binding arbitration administered by JAMS under its Streamlined Arbitration Rules then in effect, before a single arbitrator. The seat of arbitration will be Wilmington, Delaware, conducted in English. The arbitrator may award any remedy available at law or in equity. Judgment on the award may be entered in any court of competent jurisdiction. The arbitration and all related proceedings will be confidential.

18.3 Carve‑Outs. This Section 18 does not apply to (a) individual claims brought in small‑claims court that qualify for that forum; (b) claims for emergency injunctive or other equitable relief to protect intellectual property or to enforce the Acceptable Use Policy; or (c) claims that applicable law prohibits from being subject to binding arbitration.

18.4 Class‑Action Waiver. YOU AND MAGNIFYED AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON’S CLAIMS WITH YOURS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. If this waiver is found unenforceable in whole or in part, the unenforceable portion will be severed from this Section 18 and litigated in the courts identified in Section 17.

18.5 Jury‑Trial Waiver. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE.

18.6 30‑Day Opt‑Out. You may opt out of this Section 18 by sending written notice of your decision to opt out to arbitration-optout@magnifyed.us within thirty (30) days after the date you first accept these Terms. Your notice must include your name, account e‑mail, and a clear statement that you wish to opt out. Opting out will not affect any other provision of these Terms.

19. Miscellaneous

19.1 Entire Agreement. These Terms (together with the Privacy Policy and any Institutional Agreement applicable to you) constitute the entire agreement between you and MagnifyED concerning the Service and supersede all prior agreements, proposals, and understandings.

19.2 Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent; any attempted assignment in violation of this section is void. We may assign these Terms in whole or in part to an affiliate or in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets.

19.3 Severability; No Waiver. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be reformed to the minimum extent necessary to make it enforceable. No waiver of any provision will be effective unless in writing and signed by the waiving party.

19.4 Notices. We may give you notice by e‑mail to the address associated with your account or by posting through the Service. You may give us notice at legal@magnifyed.us, or by mail to the address in Section 20.

19.5 Force Majeure. Except for your payment obligations, neither party will be liable for delay or failure of performance caused by events beyond its reasonable control, including acts of God, internet or telecommunications failure, power outages, acts of war or terrorism, civil disturbance, labor disputes, governmental actions, and epidemics.

19.6 Relationship. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.

19.7 Export Controls. You agree to comply with all applicable U.S. and other export‑control and sanctions laws, and you represent that you are not located in, and are not a national of, any country subject to U.S. embargo or designated as a “terrorist supporting” country.

19.8 Government End Users. The Service is a “commercial item” as defined in 48 C.F.R. § 2.101. U.S. Government end users acquire only the rights set forth in these Terms.

20. Contact

Notices and inquiries can be sent to: Magnify by Design, Inc. (d/b/a MagnifyED) [325 Morse St NE apt 211 Washington, DC 20002] General inquiries: info@magnifyed.us Legal notices: legal@magnifyed.us Security: security@magnifyed.us DMCA agent: copyright@magnifyed.us Billing: billing@magnifyed.us Arbitration opt‑out: arbitration-optout@magnifyed.us