Terms of Service

Sketch & Tell Live — a product of Learning Innovation Systems, LLC.
Effective Date: June 2, 2026  |  Last Updated: June 10, 2026

These Terms of Service ("Terms") govern your use of Sketch & Tell Live (the "Service"), a real-time classroom activity operated by Learning Innovation Systems, LLC ("LIS," "we," "us," or "our"). By creating a session or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who May Use the Service

The Service is intended for teachers, schools, and districts ("Educators") to run classroom activities, and for the students those Educators invite to participate. The teacher-facing side is for adults. Students join a session only through a code or link provided by their teacher and are not asked to create accounts or provide identifying information beyond a display name chosen for the session.

2. School Authority & Consent (COPPA / FERPA)

This section is important for any use of the Service with students, particularly students under 13.

If you use the Service with students, you represent and warrant that:

• You are an authorized representative of a school or district using the Service for a legitimate educational purpose;
• You have the authority, under your school's or district's policies and under applicable law, to use the Service with your students;
• To the extent the Children's Online Privacy Protection Act ("COPPA") applies, the school — not LIS — is responsible for providing any required notice to, and obtaining any required consent from, parents or guardians, and you are authorized to provide consent on their behalf under COPPA's school-consent provisions; and
• Your use of the Service complies with the Family Educational Rights and Privacy Act ("FERPA") and any applicable state student-privacy laws.

LIS acts as a "school official" / service provider performing an institutional function on the school's behalf, and processes student data only to provide the Service. We do not use student data to build profiles, target advertising, or for any commercial purpose unrelated to the Service. See our Privacy Policy for full detail on what we collect, how it is protected, and when it is deleted.

3. Acceptable Use

You agree not to, and not to permit anyone to:

• Use the Service for any unlawful, harmful, harassing, or abusive purpose;
• Submit content that is illegal, obscene, infringing, or that you do not have the right to submit;
• Attempt to disrupt, overload, reverse engineer, probe, or circumvent the security of the Service;
• Use automated means to access the Service in a way that degrades it for others, or attempt to access sessions you were not invited to;
• Collect or harvest data about other users.

Educators are responsible for supervising their students' use of the Service during a session and for the content their classes submit. We may suspend or terminate access that violates these Terms or that threatens the integrity of the Service.

4. Student Data & Retention

The Service is designed to be ephemeral. Student responses (names, text, sketches, and any uploaded images) exist only for the duration of a live session and are automatically deleted within 24 hours. We do not sell student data, serve advertising, or build student profiles. The full data-handling commitments — including our subprocessors, encryption, and deletion timelines — are described in our Privacy Policy, which is incorporated into these Terms by reference.

5. The Service Is Free and Provided "As Is"

The Service is currently provided free of charge. We may change, suspend, or discontinue any part of the Service at any time. The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure. You are responsible for keeping your own copies of any work you wish to retain (for example, by exporting it before a session ends).

6. Limitation of Liability

To the fullest extent permitted by law, LIS and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, arising out of or relating to your use of the Service. To the extent liability cannot be excluded, our total liability for any claim relating to the Service is limited to one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

7. Intellectual Property

The Service, including its software, design, and branding, is owned by LIS and the EduProtocols framework it implements. Student-created content (sketches and text) belongs to the student and/or the school; we claim no ownership of it and use it only to provide the Service. "Sketch & Tell" is an EduProtocols protocol; this digital implementation is operated by LIS.

8. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last Updated" date above and, where the change materially affects schools with active data-processing arrangements, provide reasonable advance notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

9. Governing Law & Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Before filing any formal dispute, you agree to first contact us so we can try to resolve the matter informally. Any dispute that cannot be resolved informally will be brought in the state or federal courts located in California, and you consent to their jurisdiction — except where applicable law (including for public-school entities) requires otherwise.

10. Contact

Questions about these Terms? Email support@eduprotocols.com.