Terms of Service

BookNook, Inc. (“BookNook,” “we,” “our,” or “us”) is a U.S.-based education technology company that provides remote and in-person tutoring, instructional software, and related learning tools (collectively, the “Services”). These Terms of Service (“Terms”) govern your access to and use of the Services, including our websites, applications, and platforms.

By registering for, accessing, or using the Services, you agree that you have read, understood, and are legally bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Services.

If you are a teacher, administrator, or other school or district employee (“School Personnel”) registering or authorizing students (“Student Users”) to use the Services, you represent and warrant that you are authorized to do so on behalf of your educational institution (“Institution”). You also agree that Student Users under your supervision are bound by these Terms unless your Institution has a separate written agreement with BookNook that supersedes them.

Please read these Terms carefully. They contain important provisions, including limitations of liability, disclaimers of warranties, and a binding arbitration and class action waiver (see §18.4/Section 18.4). By agreeing to these Terms, and to the extent permitted by law, you waive the right to litigate disputes in court or to participate in class or representative actions.

1. Who You Are; Eligibility; Your Account

1.1 Eligibility

You must be (i) at least 18 years of age (or the applicable age of majority in your province, territory, or country) or an emancipated minor, or (ii) using the Services under the authorization of School Personnel or a parent/guardian as permitted by law. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them. You may not use the Services if you have been previously suspended or removed.

1.2 Acceptance

By clicking “Sign Up,” “I Agree,” or using the Services, you affirm that (a) you meet eligibility requirements; (b) the information you provide is accurate and current; and (c) your use complies with applicable laws and these Terms. Your use of the Services is also subject to any technical and non-technical specifications, guidelines, and policies we provide from time to time (collectively, “Policies”), including our Privacy Policy and any product-specific or acceptable-use guidelines.

1.3 Account Security

You agree not to share your password or unique ID, and to notify us immediately of any unauthorized use. WHEN YOU SHARE YOUR PASSWORD OR ALLOW A THIRD PARTY TO ACCESS YOUR ACCOUNT, YOU REMAIN RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS BY THAT THIRD PARTY. You are responsible for all activities that occur under your account. Keep your information up to date. You may not use a username with the intent to impersonate another person or in a manner that infringes another person’s rights, or use a username that is obscene or vulgar. We may provide a unique ID and an avatar for your account; you are responsible for how they are used.

1.4 Geography

The Services are designed for users in the United States. Users temporarily accessing the Services from other locations do so at their own risk and must comply with local laws.

If you habitually reside outside the U.S., see International Use (§4/Section 4).

2. Definitions

“School Personnel”: teachers, aides, administrators, principals, district staff, and other personnel authorized by an Institution to use the Services on its behalf.
“Institution”: an educational organization (e.g., a school or school district) authorizing School Personnel to use the Services.
“Student User”: a K–12 student using the Services under a School Account or with a Parent/Tutor/Caregiver acting in a teacher role.
“Parent”: a parent or legal guardian of a Student User.
“User Content”: materials a user provides, including posts, assignments, submissions, input to AI features, and AI-generated output (see §6/Section 6).
“Integrated Services”: third-party sign-on or rostering tools (e.g., Google Accounts, ClassLink, Clever).

3. School Use

3.1 Purpose & Compliance

The Services are an educational aid. You must follow all applicable laws (e.g., FERPA, COPPA) and your Institution’s policies. The Services do not replace professional judgment.

3.2 Consent & Notices

School Personnel/Institutions are responsible for obtaining parental consent or relying on a valid legal exception when required, and for providing appropriate notices about Student Users’ use of the Services and our Privacy Policy. We may request proof of such consent.

3.3 School Accounts

Accounts qualify as School Accounts when (a) created or rostered by School Personnel (including via Integrated Services), or (b) created by Students at the direction of School Personnel using a school email and associated with a class on the Service, or (c) created by a Parent/Tutor/Caregiver acting as teacher for a Student. School Accounts may enable teachers to view student performance data.

3.4 Integrated Services

If you use Integrated Services, you are responsible for educating Students about proper use and safeguarding access credentials.

3.5 District Agreements

If an Institution has a separate written agreement with BookNook, that agreement governs to the extent of any conflict with these Terms.

Institutions retain ownership and control of Student Data; BookNook acts solely as a data processor and processes such data only under the Institution’s direction and in accordance with applicable law.

4. International Use

Certain features may be region-limited. You are responsible for complying with local laws. BookNook processes data in the United States. Some jurisdictions provide additional consumer rights; where required by law, those rights will apply (see §18/Section 18 for dispute venues/rights).

Export Controls and Sanctions. You may not use, export, or re-export the Services except as authorized by United States law and the laws of the jurisdiction(s) in which the Services were obtained or used. You represent that you are not located in, under the control of, or a national or resident of any country or entity embargoed or sanctioned by the U.S. government and are not a prohibited party under U.S. sanctions or export laws.

5. Subscription Members; Payments; Trials

Some features/content may be free; others require a paid subscription (“Subscription Member”). Payment terms displayed during checkout are part of these Terms.

Prices and offerings may change at renewal. We may offer trials or pilots; features can change or end at any time (§8.2/Section 8.2).

6. License to You; Non-Commercial Use

We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, worldwide license to access and use the Services solely for personal, non-commercial purposes as intended.

You may not circumvent technical protections or copy-protection, nor export, re-export, or use the Services contrary to U.S. export laws (§4/Section 4). Where permitted, downloadable instructional materials may be used under their displayed license terms; otherwise, no reproduction or redistribution.

This license to you will automatically terminate if you violate these Terms. Except for the foregoing limited license, no right, title, or interest is transferred to you. We may allow you to store encrypted, cached content on your tablet, smartphone, or other compatible internet-connected device. You may not transfer copies of cached content to any other device.

7. User Conduct

You agree not to:

Violate any local, state, national, or international law or third-party rights;
Submit or transmit unlawful, defamatory, harassing, hateful, pornographic, obscene, or otherwise harmful content;
Transmit or distribute unsolicited advertising, promotional materials, junk mail, chain letters, pyramid schemes, or other forms of solicitation or spam;
Knowingly transmit any material that contains adware, malware, spyware, viruses, or other harmful code, or attempt to bypass or disable any security or authentication measures;
Reverse engineer, decompile, scrape, or attempt to extract source code from the Services;
Remove or obscure any copyright, trademark, or other proprietary notices from any content or data;
Stalk, harass, or otherwise harm another individual;
Misrepresent your identity or affiliation, or impersonate any person or entity;
Rent, lease, or sell your account or access credentials;
Use the Services to cheat, commit academic dishonesty, or interfere with intended functionality, including by prompt injection, jailbreaking, or similar misuse;
Use any content, data, or output from the Services to train or improve external AI or machine-learning models; or
Use any automated system (including “robots,” “spiders,” or “offline readers”) that sends more requests to our servers than a human could reasonably produce in the same period using a standard browser.

If you serve as a tutor or reading guide (whether paid by BookNook or a partner), you consent to the recording of sessions for quality-assurance, safety, and compliance purposes, consistent with our Privacy Policy.

8. Proprietary Rights; Pilots & Betas

8.1 Ownership

All right, title, and interest in and to the Services and all related content—including books, text, software, graphics, photos, sounds, music, videos, interactive features, and User Content—together with the “BookNook” word mark, design mark, and other names, logos, trademarks, service marks, or trade dress—are and will remain the exclusive property of BookNook, Inc. or its licensors, protected under U.S. and international copyright and trademark laws.

You may not reproduce, duplicate, copy, sell, resell, exploit, or distribute the Services or any portion thereof, including Content and Marks, except as expressly permitted by these Terms or authorized in writing by BookNook or its licensors.

You agree to view Content only in geographic locations where BookNook has licensed such materials and to abide by all copyright notices, information, and restrictions contained in or associated with any Content.

8.2 Pilots and Betas (“as-is”)

We may offer pilot programs or beta features (including, as applicable, AI-enabled tools). Pilots/Betas are as-is, may be changed or discontinued, can contain errors, and may never become generally available. We may limit participation or access without liability.

9. User Content; Rights & Responsibilities

9.1 Ownership & Responsibility

You retain ownership of your User Content (including, as applicable, inputs to and outputs from AI-enabled features, collectively “AI Content”). By submitting, you represent you have rights to do so and that your content complies with these Terms and applicable law.

Moral Rights Waiver. To the extent permitted by law, you waive and agree not to assert any moral rights (including rights of attribution or integrity) in your User Content, and you will obtain the same waiver from any person who may hold such rights.

9.2 License to BookNook

You grant BookNook a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, use, reproduce, display, perform, distribute, and create derivative works from your User Content as necessary to provide, maintain, secure, and improve the Services.

De-identified education records may be used to improve features, including, as applicable, AI features, pursuant to strict de-identification standards (no re-identification; safeguards; see our Privacy Policy).

9.3 License to Other Users (If You Share)

If you share User Content publicly or with a class/community, you grant those viewers a limited license to access that content via the Services for permitted, non-commercial educational purposes.

9.4 Access Controls; Unauthorized Access

We provide reasonable access controls but cannot guarantee content won’t be accessed unlawfully. We’ll take reasonable steps to notify you of known unauthorized access consistent with law.

9.5 Feedback

Suggestions or feedback may be used without compensation to you to improve the Services.

10. AI-Enabled Features (If and When Applicable)

BookNook does not currently use generative AI or large-language-model features in its Services. If AI functionality is introduced in the future, this section will govern such use and will be updated accordingly. Any future AI-enabled tools will follow the responsible-use, data-protection, and de-identification standards outlined below.

10.1 Description & Early-Stage Nature

Certain tools use generative AI/LLMs. Outputs may be incorrect, biased, or incomplete. Human review and fact-checking are required before relying on any output (§16.2/Section 16.2).

10.2 Responsible Use

Do not include proprietary or personally identifiable information in AI inputs. School Personnel must follow school AI policies and should not rely solely on AI outputs for student evaluation or material decisions.

10.3 License; De-Identification

By using AI features, you grant BookNook the licenses in §9.2/Section 9.2 for Inputs and Outputs to operate and improve AI features. For School Accounts, we apply a FERPA-compliant de-identification standard before using data for model improvement.

11. Third-Party Services & Links

We are not responsible for third-party sites/services, including Integrated Services. We make no representations or warranties regarding, and disclaim all liability for, any content, information, software, materials, or practices of such third parties. Your use of them is governed by their terms and policies. Links do not imply endorsement.

Devices; Third-Party Beneficiaries. If you access the Services using an Apple iOS or Google Android device, Apple Inc. or Google LLC, respectively, may be third-party beneficiaries to these Terms. They are not parties to this contract and are not responsible for the Services, but your use may also be subject to their applicable terms.

Authorized Subprocessors. BookNook engages certain trusted service providers (subprocessors) to support secure delivery of the Services (e.g., hosting, analytics, customer support). All subprocessors are bound by written agreements requiring confidentiality, data security, and compliance with applicable student privacy laws.

A current list of subprocessors and their functions is available upon request from privacy@booknook.com and is updated prior to any new subprocessor handling Student Personal Data. BookNook will provide advance notice to affected Schools before such changes take effect.

12. Modifications to These Terms

We may change these Terms. We will post updates and, for material changes, make reasonable efforts to notify you (e.g., email or in-product notice). For changes that materially affect Student Data or School Accounts, BookNook will provide advance notice to the Institution before the change takes effect and allow reasonable time for review or objection. Changes become effective on posting/notice unless required by law to be immediate (e.g., legal compliance). If you disagree, discontinue use.

For School Accounts: If a change materially and adversely impacts Student Users or Institutions regarding education-record handling and the Institution notifies us within 30 days, the prior Terms apply to those School Accounts until the end of the then-current school term (or contract term, if longer). Renewal will use then-current Terms.

13. Term; Suspension; Termination

13.1 Term

These Terms remain in effect while you use the Services.

13.2 Our Right to Suspend/Terminate

We may restrict, suspend, or terminate accounts (and remove content) for violations of these Terms, suspected unlawful behavior, nonpayment, or inactivity per policy, subject to applicable law. Certain features may be modified or withdrawn if required by suppliers or law.

13.3 Your Right to Terminate

You may stop using the Services and delete your account at any time.

Termination does not affect prior breaches; sections that by nature survive will continue (§18.7/Section 18.7).

14. DMCA (Copyright)

We respond to valid DMCA notices. Repeat infringers’ accounts may be terminated. Contact: legal@booknook.com and privacy@booknook.com (or the address in §18.8/Section 18.8).

15. Security

We implement reasonable administrative, technical, and organizational safeguards to protect information, including encryption in transit and at rest, role-based access controls, continuous monitoring, periodic security reviews, and regular staff training on data protection practices.

We maintain a documented incident response plan to promptly investigate, mitigate, and notify affected Schools or users of any security incidents in accordance with applicable law.

If you suspect account compromise, contact security@booknook.com immediately.

16. Disclaimers; AI Disclaimer

16.1 General Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BOOKNOOK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY, TO THE FULLEST EXTENT PERMITTED BY LAW.

BookNook makes no representations about the accuracy, reliability, or completeness of any content available through the Services or linked sites, and assumes no responsibility for errors, interruptions, unauthorized access, or harmful code. Without limiting the foregoing, BookNook is not responsible for any errors, interruptions, unauthorized access, security breaches, viruses, or other technical failures, or for any resulting loss, damage, or injury.

16.2 AI Outputs (If Applicable)

If the Services include any AI-enabled features, outputs may be incorrect, incomplete, biased, offensive, or out-of-date. Do not rely on outputs without independent verification. You remain responsible for how you use outputs.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOKNOOK AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL.

Aggregate Cap. Our total liability for all claims in the aggregate is limited to the greater of (a) the amount you (or your Institution) paid to BookNook in the 12 months prior to the claim, or (b) $100.

18. Miscellaneous; Dispute Resolution

18.1 Notices

We may notify you via email, posting in-product, or mail. Your notices to us must be sent to: BookNook, Inc., Legal Department, 2272 Erie Ave. Suite 219 PMB 98100 Cincinnati, OH 45208, USA, with a copy to legal@booknook.com; privacy@booknook.com and security@booknook.com.

18.2 Waiver; Severability; Assignment

No waiver by inaction. If a provision is unenforceable, the remainder remains in effect. You may not assign these Terms without our consent; we may assign without restriction.

18.3 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles (or, if your Institution’s written contract states otherwise, that contract’s choice of law controls for that Institution’s deployment).

18.4 Dispute Resolution; Arbitration; Class Waiver

Informal Resolution First. Before filing, send a Notice of Dispute with facts and proposed resolution to legal@booknook.com and by mail to the address above; both sides will try to resolve within 60 days.
Binding Arbitration. Unresolved disputes will be resolved by binding arbitration administered by JAMS in New Castle County, Delaware, under the JAMS Rules. The Federal Arbitration Act governs.
Class Action Waiver. Proceedings are individual only—no class or representative actions.
Filing Period. To the extent permitted by law, disputes must be filed within one (1) year after the claim accrues.
Carve-outs. IP enforcement and certain injunctive relief may proceed in court.
International Consumers. If your local law requires access to local courts or prohibits mandatory arbitration/class waiver, those local rights will apply as required.

18.5 Entire Agreement; Headings

These Terms, together with the Privacy Policy and any applicable supplemental terms, constitute the entire agreement. Headings are for convenience only.

18.6 California Consumer Notice

California residents may contact the Department of Consumer Affairs, Consumer Information Division, 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, (800) 952-5210.

18.7 Survival

Sections relating to intellectual property, limitations of liability, indemnification, dispute resolution, and any provisions that by nature should survive termination will continue in effect.

18.8 DMCA Agent

BookNook, Inc., Attn: DMCA Agent, 2272 Erie Ave. Suite 219 PMB 98100, Cincinnati, OH 45208, USA; Email: legal@booknook.com (copy privacy@booknook.com).

To file a notice, include: (i) identification of the copyrighted work; (ii) identification of the material claimed to infringe and its location; (iii) your contact information; (iv) a statement of good-faith belief that use is not authorized; (v) a statement under penalty of perjury; and (vi) your physical or electronic signature.

19. Subscriptions; Billing; Taxes; Refunds

Ordering & Duration. Subscription terms are shown at purchase. Unless otherwise noted, subscriptions run for the stated term (e.g., academic year or monthly) and do not exceed 12 months without renewal.

Payment & Taxes. You authorize us to charge your chosen payment method. Fees exclude taxes; you are responsible for applicable taxes.

Nonpayment. If payment fails and is not cured within seven (7) days of notice, we may suspend access.

Cancellation & Refunds. Except where required by law or explicitly stated, payments are non-refundable. If BookNook terminates early without cause, we will refund the pro rata portion of prepaid, unused fees.

20. Content Availability; Mobile Networks; Devices

Content availability may change by region and licensing. Data charges by your mobile or network provider may apply. Some features may not work on all devices or providers.

21. User Submissions; Community Spaces

If you submit lesson plans, responses, forum posts, or other User Content:

You warrant you own or have rights to share it;
You grant BookNook the license in §9.2/Section 9.2;

Public/community posts may be visible to others; BookNook may moderate, remove, or refuse content for any reason consistent with law.

22. Schools: FERPA, COPPA, PPRA

FERPA. BookNook acts as a “school official” with legitimate educational interest when contracted by a School/Institution and will comply with FERPA obligations.
COPPA. For children under 13, parental consent or School Consent (as permitted by law) is required for collection of personal information.
PPRA. BookNook complies with PPRA for any surveys or materials covered by that statute.
Student Data. We do not sell Student Personal Data or use it for targeted advertising.
Deletion. Upon a verified request from a School or as required by law, we will delete Student Personal Data subject to legal holds and permitted retention (see Privacy Policy for details).
Parents and eligible students may review, correct, or request deletion of their personal information as permitted under applicable law. Additional details about these rights and our response process are provided in the BookNook Privacy Policy, available at booknook.com/privacy

23. Privacy; Data Handling; Deletion

Your privacy matters. Please see the Privacy Policy for details on: categories of data collected; purposes of processing; as applicable, AI de-identification commitments; parental/student rights; data retention; opt-outs; security practices; and contact channels for privacy requests. To the extent these Terms and the Privacy Policy conflict on privacy matters, the Privacy Policy controls.

24. ESA Platforms; ClassWallet and Similar Portals

BookNook may, when permitted, integrate with or accept payments or invoicing through Education Savings Account (ESA) platforms (e.g., ClassWallet) at a School’s or family’s direction. BookNook’s participation is limited to submitting invoices and processing authorized payments in accordance with the applicable ESA program’s rules.

If any ESA platform requirements conflict with these Terms regarding payment sequence or reimbursement timing, the ESA platform’s rules will control for those payment mechanics only; all other provisions of these Terms continue to apply.

25. Communications; E-Notices

You consent to receive communications electronically. Such communications satisfy legal requirements that notices be in writing.

26. Indemnification

You agree to indemnify, defend, and hold harmless BookNook and its affiliates from claims arising out of: (a) your User Content; (b) your use of the Services in violation of these Terms or law; (c) your infringement or violation of third-party rights. We may assume exclusive defense of any matter otherwise subject to indemnification, and you agree to cooperate and reimburse all reasonable attorneys’ fees and costs incurred.

27. Exclusions & Consumer Rights

Some jurisdictions don’t allow certain warranty disclaimers or limits of liability. Where legally prohibited, those clauses will not apply and the remaining Terms still govern. Mandatory consumer protections in your country of residence may apply.

28. Accessibility

BookNook is committed to providing an accessible and inclusive experience for all users, including students, educators, and families with disabilities. We design and test our Services for conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA (or successor standards) and continually improve accessibility as part of our product development process. If you encounter a barrier or require an accommodation, please contact us at accessibility@booknook.com and privacy@booknook.com or by mail at the address listed in §18.1/Section 18.1 so we can assist you.

29. Contact

BookNook, Inc.

2272 Erie Ave. Suite 219 PMB 98100 Cincinnati, OH 45208, USA

Email: legal@booknook.com | privacy@booknook.com | security@booknook.com

(If you are an Institution under contract, use your designated support channel as well.)

Last Updated: November 17, 2025