XtraMath Terms of Service

Effective October 15, 2026

A Summary in Plain Language

• XtraMath is free for every student. Some features for families, teachers, and schools cost money.
• Adults create accounts. Children under 13 (16 outside the US) use XtraMath only through an account a parent, guardian, or teacher creates for them.
• Your data stays yours. Student data belongs to the student and family, or to the school that provided it. We use it only to run XtraMath, as our Privacy Policy describes. We never sell it or use it to advertise.
• Don't misuse XtraMath: no unlawful use, no reselling data, no training AI on our data, no scraping.
• Fluency Intelligence helps teachers understand student practice data. It never talks to students and never decides anything about a student. Teachers decide.
• Awakening is an optional game-based learning experience operated by Legends of Learning, Inc. Students never see ads, offers, or prices, in XtraMath or in Awakening.
• If we have a dispute, we talk first. If that fails, we resolve it in arbitration or small claims court.

1. Acceptance and Definitions

1.1 Agreement. These Terms of Service (“Terms”) are a contract between you and XtraMath, a Washington nonprofit corporation, 4742 42nd Ave SW #625, Seattle, WA 98116. You accept them by clicking to agree when you create an account, by using XtraMath, or by continuing to use XtraMath after we give notice of changes. If you do not agree, do not use XtraMath.

1.2 Who “you” are. “You” means anyone who uses XtraMath: a parent or guardian, a teacher, a School representative, or another adult. If you create an account on behalf of a School or other organization, you represent that you have authority to bind it, and “you” includes it.

1.3 Definitions.

• “XtraMath” or “the Service” means our websites, apps, and features, including Fluency Intelligence and outside services offered through them.
• “Student” means a child who uses XtraMath through an account an adult created for them.
• “School” means an individual school, a school district, another local educational entity, or a teacher acting on behalf of one.
• “School Account” means an account or class provisioned under a School license, a data privacy agreement with a School, or a rostering or sign-in integration such as Clever or ClassLink. Origin governs: a class rostered by a School is a School Account even if the teacher created the account.
• “Customer” means a School or other organization that purchases a license or paid plan from us.
• “Customer Data” means data a Customer or its users upload or enter into XtraMath, including Student Data.
• “Student Data” means personally identifiable information about a Student, including practice and performance data.
• “Privacy Policy” means the XtraMath Privacy Policy at home.xtramath.org/privacy.
• “Commercial Data” means business information XtraMath holds to run its operations and provide the Service: purchase and billing records, contracts and price quotes, School and Customer contacts, and aggregate statistics about the Service. Commercial Data never includes Student Data.

1.4 Separate agreements. If you or your School has signed a license agreement, data privacy agreement, or other written agreement with us, that agreement controls where it conflicts with these Terms.

2. Privacy

Our Privacy Policy explains what data we collect, how we use it, how long we keep it, and who we share it with, including how Fluency Intelligence and Awakening use data. The Privacy Policy is part of these Terms. Together, these Terms and the Privacy Policy are “the Terms.”

3. Accounts

3.1 Age. No one under 13 in the United States, or under 16 outside the United States, may create their own account. A parent, guardian, or teacher must create a Student account for any child below those ages before the child uses XtraMath.

3.2 Accurate information. You agree that the information you give us is true, accurate, current, and complete. As a parent, guardian, or teacher, you represent that you have the legal authority to provide information about each child or Student you register. We cannot verify a user's claim to be a child's parent or teacher and are not obligated to.

3.3 Responsibility for Students. By registering a Student, you agree to these Terms on the Student's behalf and are responsible for the Student's use of XtraMath.

3.4 Account security. Keep your password confidential and secure. You are responsible for activity in your account. Use reasonable efforts to prevent unauthorized access, and tell us promptly at support@xtramath.org if you suspect any.

3.5 Integrations. If you use a rostering or sign-in integration such as Clever, ClassLink, or Google, you authorize that provider and XtraMath to set up and maintain your accounts and classes for your benefit. A Customer is responsible for its integrators' compliance with applicable law and for any customization it requests.

4. Student Data and Customer Data

4.1 Ownership. Customer Data remains the property of the Customer. Student Data and Student-generated content remain the property of the Student or the Student's parent or guardian, or of the School that provided it. You represent that you have the rights needed to provide the data you give us.

4.2 Our use. You grant XtraMath the right to use Customer Data and Student Data only to provide, secure, support, and improve XtraMath as described in these Terms and the Privacy Policy. We do not sell Student Data or use it for advertising. We do not use Student Data or Customer Data to train third-party artificial-intelligence models, and our subprocessors / service providers are contractually barred from doing so.

4.3 FERPA. When a School designates XtraMath as a “school official” with a legitimate educational interest under the Family Educational Rights and Privacy Act and the other conditions of that exception are met, XtraMath performs that role under the School's direct control with respect to that data and uses it only for the purposes the School has authorized. The School stays in control of its Student Data and may access, export, correct, or delete it as described in Section 15 and the Privacy Policy. The School is responsible for any notices to parents and any consents that its own policies or applicable law require for Students to use XtraMath.

4.4 Data privacy agreements. We enter into data privacy agreements with Schools where required and mutually agreed, including agreements based on the Student Data Privacy Consortium's National Data Privacy Agreement, and we offer our own. Contact privacy@xtramath.org.

5. Prohibited Conduct

You agree not to:

• use XtraMath for any unlawful purpose or in violation of any law, including data protection and privacy laws;
• use XtraMath for commercial purposes unless we expressly permit it in writing (using XtraMath in your classroom or school, including under a paid plan, is not a commercial purpose);
• impersonate anyone, falsely claim an affiliation, access another user's account without permission, or act fraudulently;
• sell, rent, license, or otherwise commercialize any data obtained from XtraMath;
• use XtraMath, data obtained from it, or output from Fluency Intelligence to train, fine-tune, develop, or evaluate any artificial-intelligence or machine-learning model, unless we expressly permit it in writing;
• scrape, crawl, or use automated means to access XtraMath or extract data from it, or circumvent any access control or rate limit;
• interfere with or damage XtraMath, including through denial-of-service attacks or by uploading viruses or other malicious code;
• use Fluency Intelligence output as the sole basis for a decision with a legal or similarly significant effect on a Student (Section 6.4); or
• use our name, trademarks, or copyrighted material without permission (Section 10).

6. Fluency Intelligence and other AI Features

6.1 What it is. Fluency Intelligence is our teacher-facing decision-support feature. It analyzes the practice data XtraMath already collects, for classrooms where a teacher or School has enabled it, and drafts a brief that helps the teacher see which students may need attention and decide what to do next. It is available with certain paid plans.

6.2 What it is not. Fluency Intelligence does not interact with Students. It does not make decisions about Students. It does not evaluate teachers. It is not a substitute for a credentialed educator's professional judgment.

6.3 How it uses AI. Fluency Intelligence computes its findings with fixed rules we wrote and can explain. It uses large language models to put those findings into words for the teacher; the model may not add findings of its own. Before any model is called, we replace direct identifiers with a temporary code; the model receives practice statistics under that code and never a Student's or teacher's name, email address, school, class, or account identifier. Results are re-attached to the Student on XtraMath's own systems and shown only to the Student's own teacher and authorized School staff. Our AI providers are contractually barred from training their models on your data. The Privacy Policy has the details, and Schools may request our Data Protection & AI Governance Assessment at privacy@xtramath.org.

6.4 Teachers decide. Any instructional decision about a Student, including grouping, intervention, or referral, is made by a teacher or School, using Fluency Intelligence as one input among others. You will not use Fluency Intelligence output as the sole basis for any decision with a legal or similarly significant effect on a Student, such as placement, discipline, retention, or eligibility for special education or other services. A teacher may disregard, edit, or override any Fluency Intelligence output at any time, and XtraMath never penalizes or flags a teacher for doing so.

6.5 Concerns. Anyone may report a concerning Fluency Intelligence output to privacy@xtramath.org. We investigate and respond within a commercially reasonable time.

6.6 Output. Fluency Intelligence output is part of the Service, provided to you for educational use within your account. It is advisory and may be incomplete or inaccurate for a particular Student; Section 12 applies. We may change, suspend, or discontinue Fluency Intelligence or any AI feature, and will give notice of material changes as Section 16 describes.

6.7 Students. No generative AI interacts with a Student in XtraMath. Adaptive practice adjusts each Student's work using fixed rules based on the Student's recent performance.

7. Optional Features and Outside Services: Awakening

7.1 What it is. Awakening is optional, game-based math practice operated by Legends of Learning, Inc., an outside service. It is educational content. It becomes available only after a Student completes their daily XtraMath practice, and it is offered at no charge within XtraMath.

7.2 Whose terms apply. When a Student enters Awakening, the Student uses a service operated by Legends of Learning under its own terms of service and privacy policy. The adult who turns Awakening on reviews and accepts those terms as part of turning it on. Appendix A of our Privacy Policy lists exactly what XtraMath shares to start an Awakening session, and what we never share.

7.3 No ads to Students, ever. No advertisements, offers, prices, or promotions appear in any Student session, in XtraMath or in third-party content reached through XtraMath. We bind these providers to this commitment by contract. If third-party content ever fails it, we remove the content.

7.4 Offers to adults. If an outside provider offers optional paid content, the offer appears only to adults, on adult-facing surfaces; it is never based on an individual Student's data; and it never appears on School Accounts. If you buy from an outside provider, you buy from that provider, on its site, under its terms and privacy policy. XtraMath may receive a share of that revenue.

7.5 Turning it off. You can turn Awakening off at any time in your account or class settings. Doing so does not affect a Student's XtraMath practice or progress.

7.6 Our responsibility. We select outside services for educational value and hold their providers to this Section by contract. Their services are otherwise provided by the provider, and Section 12 applies to them.

8. Paid Features

8.1 Free core. XtraMath's core program is free for every Student, teacher, and School. Some additional features are paid: Premium Membership for families and teachers, and XtraMath Pro plans for teachers and Schools, which include Fluency Intelligence. Prices and what each plan includes are shown where you buy.

8.2 Cancellation and refunds. You may cancel a paid plan at any time. Cancellation takes effect at the end of the period you have paid for, and you keep access until then. We do not issue refunds unless the law requires it or we said so at purchase. No refund is due if we terminate your account for breaching these Terms.

8.3 Renewals. Where a plan renews automatically, we tell you the price and renewal period before you buy, and we remind you by email before an annual renewal. You can turn off renewal at any time in your account before the renewal date.

8.4 Price changes. We may change prices for future periods. We will give you at least 30 days' notice by email before a price increase takes effect on your renewal.

8.5 Schools. Schools may purchase by quote, purchase order, or invoice. A School's price quote or order form controls where it conflicts with this Section.

9. Payment, Invoicing, and Taxes

9.1 Payment. Card payments are processed by our payment processor; we do not store full card numbers. You authorize us to charge for the plans you buy and for any renewals you have not turned off.

9.2 Invoices. Unless a price quote says otherwise, a Customer pays each invoice within 60 days of the invoice date.

9.3 Taxes. Prices exclude taxes. You are responsible for any sales, use, value-added, or similar taxes, unless you give us a valid tax-exemption certificate.

10. Intellectual Property

10.1 Ours. XtraMath's software, source code, designs, graphics, logos, workflows, user interface, and content are protected by copyright, trademark, trade dress, and other intellectual property laws. “XtraMath” is a registered trademark in the United States. Using XtraMath gives you no license to our marks and no right to create derivative works.

10.2 Limits. You will not modify, adapt, translate, or create derivative works of XtraMath, or reverse engineer, decompile, or disassemble it, except to the extent applicable law expressly permits despite this limitation. You will not remove or alter our proprietary notices.

10.3 Feedback. If you send us ideas, suggestions, or feedback, we may use them without obligation to you. Do not send us anything you consider confidential.

11. Confidentiality (Customers)

This Section applies between XtraMath and a Customer.

11.1 Definition. “Confidential Information” means non-public information one party (the “Discloser”) discloses to the other (the “Recipient”) that is designated confidential or that a reasonable person would understand to be confidential, including personally identifiable information. XtraMath's Confidential Information includes non-public parts of the Service, its design, and its pricing. A Customer's Confidential Information includes its Customer Data.

11.2 Obligations. The Recipient will protect Confidential Information with at least reasonable care, use it only for purposes of these Terms, and limit access to employees and contractors who need it and are bound by confidentiality obligations at least as protective as this Section.

11.3 Exclusions. Confidential Information excludes information that is or becomes public without breach, was known to the Recipient before disclosure, is received from a third party without breach, or is independently developed without use of the Confidential Information. The Recipient may disclose Confidential Information as required by law or court order, giving the Discloser advance notice where lawful so it can seek a protective order.

12. Warranty Disclaimer

12.1 As is. XtraMath is provided “as is,” “as available,” and “with all faults,” to the fullest extent permitted by law. We disclaim all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that XtraMath will meet your requirements; that it will be uninterrupted, timely, secure, or error-free; that results will be accurate or reliable; or that errors will be corrected.

12.2 Fluency Intelligence. Fluency Intelligence provides advisory, pattern-based insights from available practice data. It is not a substitute for a teacher's professional judgment, and we do not warrant that any insight or recommendation is complete, accurate for every Student, or appropriate for any particular instructional decision.

12.3 Outside services. Outside services and content are provided by their providers. Beyond the commitments in Section 7, we make no warranty about them.

12.4 Our compliance. XtraMath will comply, and will cause its employees, agents, and contractors to comply, with laws applicable to its performance under these Terms, including FERPA and, to the extent applicable, the Children's Online Privacy Protection Act. The Privacy Policy contains our commitments regarding Student Data and other student privacy laws.

12.5 Your devices. You are responsible for your devices and internet access, and for any damage to them or loss of data that results from using XtraMath, except where caused by our breach of these Terms.

12.6 Consumer rights. Some jurisdictions do not allow the exclusion of certain warranties. To that extent, the exclusions above may not apply to you. Nothing in these Terms limits rights you have as a consumer that cannot be waived.

13. Limitation of Liability

13.1 Exclusions. To the fullest extent permitted by law, XtraMath and its directors, officers, employees, contractors, agents, suppliers, licensors, and partners will not be liable for any indirect, incidental, special, consequential, punitive, reliance, or exemplary damages arising out of or relating to these Terms or your use of, or inability to use, XtraMath, even if advised of the possibility.

13.2 Cap. To the fullest extent permitted by law, the total liability of XtraMath and the persons listed in Section 13.1 for all claims arising out of or relating to these Terms or XtraMath will not exceed the amount you paid us for XtraMath in the twelve months before the claim, or one hundred dollars, whichever is greater.

13.3 Exceptions. These limitations do not apply to liability that cannot be limited by law, including liability for gross negligence, willful misconduct, or fraud, and, where applicable law requires, for death or personal injury caused by negligence.

13.4 Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or XtraMath must be brought within one year after it accrues, or it is permanently barred.

14. Indemnification

To the extent permitted by applicable law, you will indemnify, defend, and hold harmless XtraMath and the persons listed in Section 13.1 from claims, losses, damages, liabilities, and expenses, including reasonable legal fees, arising out of your violation of these Terms, your misuse of XtraMath, or your breach of a representation you made in these Terms, including by a Student for whom you are responsible. We may take over the defense of any matter subject to indemnification at your expense, and you will cooperate. We will use reasonable efforts to notify you of any such claim. If you are a public School, this Section applies only to the extent your governing law permits.

15. Termination

15.1 By you. You may stop using XtraMath and close your account, and any Student account you created, at any time, from your account settings where available or by emailing info@xtramath.org. If a Student's account was created under a School's FERPA “school official” arrangement, ask the School to close it.

15.2 By us. We may suspend or terminate any account, and refuse current or future use of XtraMath, with or without cause, including for violating these Terms. We may also modify or discontinue any part of XtraMath. We will give reasonable notice where practical. We are not liable to you or anyone else for such termination or changes, except as these Terms provide.

15.3 Your data after termination. For 90 days after termination or expiration of a Customer's plan, on request, we will make Customer Data and Student Data available for the Customer to access and export. During the same 90 days, any user may request deletion of Student Data, which we will complete as described in the Privacy Policy and confirm in writing on request. We may retain de-identified data as described in the Privacy Policy. After the 90 days, we delete or de-identify the data under our retention schedule.

15.4 Our materials. Within 90 days after a Customer's plan ends, on request, the Customer will return or destroy XtraMath's proprietary materials and confirm in writing that it has done so.

15.5 Survival. Sections that by their nature should survive, including Sections 4, 10, 11, 12, 13, 14, 15.3, 17, and 18, survive termination.

16. Changes to these Terms

16.1 Notice. We may change these Terms. We post changes on our website and in our apps. For material changes, we give at least 30 days' advance notice by email to the address on your account, and by notice on our website or in the app.

16.2 Your choice. If you do not agree to a change, stop using XtraMath and close your account before the change takes effect. Continuing to use XtraMath after the effective date means you accept the change.

16.3 Which version applies. A dispute is governed by the version of the Terms in effect when the dispute arises. Changes to Section 17 do not apply to a dispute for which either party has already sent a Notice of Dispute.

17. Dispute Resolution

Please read this Section carefully. It affects your rights, including your right to bring a lawsuit in court and to participate in a class action. You may opt out of arbitration under Section 17.7.

17.1 Talk to us first. Before starting any arbitration or lawsuit, you and we agree to try to resolve the dispute informally. Send a written Notice of Dispute to info@xtramath.org, or to XtraMath, 4742 42nd Ave SW #625, Seattle, WA 98116, with your name, the email address on your account, a description of the dispute, and the relief you are asking for. We will send ours to the email address on your account. Both sides will work in good faith to resolve the dispute for 60 days after the notice. If we do not resolve it, either side may proceed under this Section. The 60 days pause any time limit for bringing the claim.

17.2 Small claims. Either side may bring an individual claim in small claims court in King County, Washington, or in the county where you live, if the claim qualifies. If a small-claims case is removed or appealed to a court of general jurisdiction, either side may require arbitration under this Section instead.

17.3 Arbitration. Any dispute that is not resolved under Section 17.1 or 17.2, and is not excluded by Section 17.8, will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules if you are an individual, or its Commercial Arbitration Rules if you are a Customer, as modified by this Section. The Federal Arbitration Act governs this Section. The arbitrator may award the same relief a court could award to you individually. Judgment on the award may be entered in any court with jurisdiction. Arbitration will be conducted by video, telephone, or written submissions, or in person in the county where you live, at your choice.

17.4 Fees. If you are an individual, you pay no more than the AAA consumer filing fee or the filing fee for a comparable claim in King County small claims court, whichever is lower; XtraMath pays all other AAA administrative fees and the arbitrator's fees. If the arbitrator finds your claim frivolous, fees are allocated under the AAA rules. If you are a Customer, fees are allocated under the AAA rules. Each side pays its own attorneys' fees unless the arbitrator awards them under applicable law.

17.5 Individual basis; class waiver. You and we agree that each may bring claims against the other only individually, and not as a plaintiff or class member in any class, collective, consolidated, representative, or private attorney general action. The arbitrator may not consolidate claims of different people or preside over any form of representative proceeding, except as Section 17.6 provides for coordinated administration. Unless you and we agree otherwise, the arbitrator may award relief only to the individual claimant, and only to the extent needed to resolve that claimant's claim.

17.6 Coordinated filings. If 25 or more demands for arbitration with similar claims are filed against XtraMath by or with the coordination of the same or affiliated counsel within 90 days, the AAA's Mass Arbitration Supplementary Rules apply, and: (a) the demands will be resolved in batches of no more than 50, each batch before one arbitrator, with one set of filing and administrative fees per batch; (b) before batching, each side will select 10 demands to proceed as bellwethers, and the remaining demands will be paused, with any time limits tolled, until the bellwethers are decided; and (c) after the bellwether decisions, the parties will mediate the remaining demands in good faith for 60 days before batches proceed. A court, not an arbitrator, decides whether this Section 17.6 has been triggered and applied correctly.

17.7 Opt-out. You may opt out of arbitration (Sections 17.3 through 17.6) by emailing info@xtramath.org with the subject “Arbitration opt-out,” your name, and the email address on your account, within 30 days after you first accept these Terms or, if you already had an account when this Section took effect, within 30 days after its effective date. Opting out does not affect any other part of these Terms, including Sections 17.1, 17.2, and 17.9.

17.8 Exceptions. This Section does not prevent either side from seeking injunctive or other equitable relief in court to protect intellectual property rights or to stop unauthorized access to XtraMath, from bringing a claim that applicable law says cannot be arbitrated, or from making a report to a government agency. If you are a public School or other government entity whose governing law prohibits you from agreeing to arbitration or to a Washington forum, this Section applies to you only to the extent permitted, and the law and venue in your written agreement with us control.

17.9 Governing law and courts. Washington law governs these Terms and any dispute, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 17. Any dispute not subject to arbitration will be brought only in the state or federal courts in King County, Washington, and you and we consent to their jurisdiction. To the extent permitted by law, you and we waive trial by jury.

17.10 If part of this Section is unenforceable. If the class waiver in Section 17.5 is found unenforceable as to a particular claim or request for relief, that claim or request, and only that, will be decided in court under Section 17.9, not in arbitration, and will be paused until the individual claims in arbitration are decided. The rest of this Section and these Terms remain in effect. If any other part of this Section is found unenforceable, it will be limited to the minimum extent necessary.

18. General

18.1 Entire agreement. These Terms, including the Privacy Policy, are the entire agreement between you and XtraMath about XtraMath, subject to Section 1.4. They may be changed only as Section 16 provides or by a written agreement signed by both parties.

18.2 Severability. If any provision is held unlawful or unenforceable, it will be limited or removed to the minimum extent necessary, and the rest of the Terms remain in effect.

18.3 Waiver. Our failure to enforce any provision is not a waiver of it. A waiver is effective only if in writing and signed by XtraMath.

18.4 Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or to a successor to our operations; a successor must honor the Privacy Policy for existing accounts.

18.5 Force majeure. Except for payment obligations, neither side is liable for delays or failures caused by events beyond its reasonable control, including failures of the internet, third-party services, or telecommunications.

18.6 Injunctive relief. A breach of these Terms or of intellectual property rights could cause irreparable harm; the injured party may seek a court order to stop it.

18.7 Notices. We may give you notice by email to the address on your account, in the app, or on our website. Give us notice at info@xtramath.org or at XtraMath, 4742 42nd Ave SW #625, Seattle, WA 98116.

18.8 Headings and summaries. Headings and the plain-language summary are for convenience and do not affect interpretation.

18.9 No third-party beneficiaries. Except as Section 13.1 provides, these Terms create no rights for anyone other than you and XtraMath.

18.10 Language. If these Terms are translated, the English version controls.