Terms and Conditions of Use

Effective Date: August 27, 2026

This Terms of Use Agreement ("Agreement") governs your use of the website operated by DAILE Learning Inc. ("DAILE") at www.dailelearning.com (the "Website" or "Site"). By accessing or using the Website, you agree to be bound by the following terms and conditions. If you do not agree with any part of these Terms, you must discontinue use of the Site immediately.

1. Acceptance of Terms

Your use of this Site constitutes your acceptance of this Agreement without modification. If you create or use an account, you also accept this Agreement by checking the required boxes during password setup or sign-in. You also agree to comply with all applicable laws and regulations. These Terms supersede all prior agreements related to use of the Site.

2. Electronic Communications

By visiting the Site or communicating with DAILE electronically, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. License and Use of the Website

DAILE grants you a non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes, and only in accordance with these Terms and any applicable subscription terms. This license is limited to the duration and number of accounts specified in your subscription and is contingent upon your compliance and payment of fees.

You may not use the Site for any unlawful or prohibited purpose, nor may you attempt to gain unauthorized access to any portion of the Site.

4. User Accounts and Responsibilities

If you create an account, you are responsible for maintaining its confidentiality and for all activities under your login credentials. You may not assign or transfer your account to another person or entity. You acknowledge that DAILE is not responsible for third-party access to your account that results from theft or misappropriation of your account. DAILE reserves the right to suspend or terminate your account or access at its sole discretion.

5. Children Under Thirteen

DAILE may collect personally identifiable information from children under the age of thirteen only as described in our COPPA notice and Privacy Policy. For School Edition, the school may consent on a parent’s behalf for school-authorized educational use. Home Edition is not generally available; if offered, a parent or guardian must consent before we collect a child’s personal information. If you are a parent or guardian with questions about our data practices, please contact us.

To learn more, read our COPPA page. New York schools and families should also read Education Law §2-d.

6. Subscription, Pricing, and Refunds

DAILE reserves the right to change subscription pricing at any time, with written notice provided to subscribers. Such changes will not affect already-paid subscriptions during their active term.

Refund Policy: All payments are non-refundable. No credits or discounts will be provided for partial usage or unused time.

Unless otherwise stated in your subscription agreement, order form, or other written agreement with DAILE, subscriptions will automatically renew for an additional subscription term of the same length at the end of the current subscription term.

DAILE will provide written notice of the upcoming renewal and the subscription price that will apply to the renewal term. To prevent automatic renewal, you must cancel your subscription at least thirty (30) days before the end of your current subscription in accordance with the Cancellation Policy. If you do not cancel by this deadline, your subscription will automatically renew, and you will be responsible for the applicable subscription fees for the renewal term.

Renewal will be at the subscription price communicated to you before renewal, which may differ from the price charged during your previous subscription term.

7. Cancellation Policy

You may cancel your subscription at any time by emailing DAILE at info@dailelearning.com. There is no in-product account-settings cancel button.

Effects of Cancellation

  • If you cancel before the end of your current subscription term, your access to the Site will remain active until the end of the paid period, unless you request immediate termination.
  • No refunds, credits, or prorated amounts will be provided for unused time, as per our Refund Policy.

Failure to Pay

If payment is not received when due, DAILE reserves the right to suspend or terminate your access until payment is made.

Reactivation

If you choose to reactivate a canceled subscription, prevailing subscription rates and terms at the time of reactivation will apply.

8. Intellectual Property and Content Use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of Use and the terms of your applicable subscription. As a condition of your use of the Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through means not intentionally made available through the Site.

All content included as part of the Service, including, but not limited to, lessons, lesson scripts, activities, assessments, questions, text, graphics, logos, images, documents, lesson materials, and software, as well as the selection, arrangement, and compilation of such content, is the property of DAILE or its licensors and is protected by copyright and other intellectual property laws.

Your subscription provides authorized users with a limited right to access and use DAILE content for its intended educational purposes during the applicable subscription period. You do not acquire any ownership rights in DAILE content by accessing or using the Site.

Certain materials, including teacher scripts, supplemental activities, worksheets, or other resources, may be specifically designed by DAILE as available for printing or downloading (“Authorized Materials”). An authorized user may print or download Authorized Materials solely for instructional use with students covered by the applicable subscription. Authorized Materials may be used and shared among authorized users under the same applicable subscriptions when reasonably necessary for their permitted instructional use. Permission to print or download Authorized Materials does not permit their distribution to anyone who is not an authorized user under the applicable subscription, their publication or posting online, or any other use not expressly authorized by these Terms.

Except for Authorized Materials or as otherwise expressly permitted in writing by DAILE, no DAILE content may be copied, downloaded, saved, reproduced, modified, distributed, or otherwise used outside the Site.

You must retain all copyright, trademark, attribution, and other proprietary notices appearing on any Authorized Materials. DAILE reserves all rights not expressly granted under these Terms.

9. Prohibited Uses

Except as expressly permitted under these Terms or authorized in writing by DAILE, you may not copy, reproduce, download, save, store, record, capture, publish, upload, transmit, distribute, share, sell, license, modify, adapt, or create derivative works from any content or materials available through the Site.

Without limiting the foregoing, you may not:

  • Share DAILE content or materials with any person, teacher, educator, school, organization, or other third party who is not an authorized user under the applicable subscription;
  • Share account credentials or permit another person to use your individual account to access DAILE content, even if that person is otherwise associated with an organization that maintains a subscription, unless such account sharing is expressly authorized by DAILE;
  • Download, save, archive, photograph, screen-record, systematically capture, or otherwise retain Site content, except for Authorized Materials that DAILE expressly makes available for downloading or printing;
  • Retain or use downloaded or printed Authorized Materials after you are no longer authorized to use them under the applicable subscription, except where DAILE expressly provides otherwise;
  • Upload, post, submit, reproduce, or distribute DAILE content on third-party websites, educational platforms, study tools, content repositories, file-sharing services, or similar services, including Quizlet;
  • Upload, submit, provide, disclose, or otherwise make DAILE content available to any artificial intelligence, generative artificial intelligence, machine learning, large language model, chatbot, or similar automated system or service;
  • Use DAILE content to train, fine-tune, test, evaluate, improve, or develop an artificial intelligence or machine learning model or system;
  • Modify, adapt, translate, republish, reverse engineer, or create derivative educational materials, lessons, assessments, activities, or other works based on DAILE content;
  • Sell, sublicense, commercially exploit, or otherwise transfer DAILE content; or
  • Remove, obscure, or alter any copyright, trademark, attribution, watermark, or other proprietary notice appearing on DAILE content.

These restrictions do not apply to temporary technical copies automatically created by a browser, device, or the Site itself as necessary for an authorized user to access and use the Site.

The ability to print, download, or otherwise access a particular Authorized Material does not transfer ownership of that material or grant permission to use it beyond the scope expressly permitted by these Terms.

Violations of this section may result in suspension or termination of access and may subject the responsible person or entity to the remedies described in the Dispute Resolution, Arbitration, and Remedies section of these Terms.

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of DAILE and DAILE is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. DAILE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DAILE of the site or any association with its operators.

Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Site’s domain, you hereby acknowledge and consent that DAILE may share such information and data with any third party with whom DAILE has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers.

11. Modifications to the Website

DAILE reserves the right to update, modify, add to, or remove content from the Site at any time and without notice.

12. Disclaimer of Warranties and Limitation of Liability

The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. DAILE and/or its suppliers may make improvements and/or changes in the site at any time.

DAILE and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind.

DAILE and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall DAILE and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if DAILE or any of its suppliers has been advised of the possibility of damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

13. Indemnification

You agree to indemnify and hold harmless DAILE and its affiliates, officers, directors, employees, and agents from any claims, losses, damages, and expenses (including reasonable attorney’s fees) related to or arising from your use of the Site, your violation of these Terms, or your violation of any third-party rights.

DAILE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DAILE in asserting any available defenses.

14. Termination and Revocation of Access

DAILE may suspend or revoke your access to the Site or your account at any time and for any reason, including violations of these Terms, without prior notice.

To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DAILE as a result of this agreement or use of the Site. DAILE's performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of DAILE's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DAILE with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DAILE with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and DAILE with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

15. Dispute Resolution, Arbitration, and Remedies

Arbitration

Except for the intellectual property and injunctive relief matters described below, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, or the relationships between you and DAILE that cannot be resolved informally will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act.

A single neutral arbitrator will conduct the arbitration, and the American Arbitration Association (“AAA”) will administer it in accordance with the applicable AAA rules. The arbitrator will have authority to award any remedy or relief that would otherwise be available under applicable law, subject to the limitations contained in these Terms. The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court having jurisdiction.

Unless otherwise required by applicable law or agreed to by the parties, arbitration will take place in Monroe County, New York.

Exception for Intellectual Property and Injunctive Relief

Notwithstanding the arbitration requirement above, DAILE may seek temporary, preliminary, or permanent injunctive or other equitable relief from a court of competent jurisdiction when reasonably necessary to prevent, stop, or remedy the actual or threatened unauthorized access, copying, reproduction, downloading, disclosure, distribution, publication, sharing, misuse, or infringement of DAILE’s intellectual property, proprietary content, curriculum materials, or other protected materials.

Seeking such relief from a court will not waive DAILE’s right to require arbitration of any other claims or remedies arising from the same matter, including claims for monetary damages, unless otherwise required by applicable law.

Nothing in these Terms prevents either party from asking a court of competent jurisdiction to enforce an arbitration agreement, compel arbitration, confirm, or enforce an arbitration award, or take any other action that applicable law permits a court to take in connection with arbitration.

Class Action Waiver

To the fullest extent permitted by applicable law, arbitration under these Terms will be conducted solely on an individual basis. Class, collective, consolidated, and representative arbitrations or proceedings are not permitted.

Each party agrees to bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

Unless both parties expressly agree otherwise or applicable law requires otherwise, the arbitrator may not consolidate the claims of more than one person or entity or preside over any form of class, collective, or representative proceeding.

Governing Law and Venue

These Terms and any dispute arising out of or relating to them will be governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except to the extent that federal law, including the Federal Arbitration Act, applies.

For any dispute or proceeding that is permitted under these Terms to be brought in court rather than arbitration, you and DAILE consent to the jurisdiction and venue of the state and federal courts having jurisdiction in Monroe County, New York.

Remedies for Unauthorized Use

Unauthorized use, reproduction, downloading, distribution, sharing, publication, disclosure, or other misuse of DAILE content constitutes a violation of these Terms and may also violate applicable intellectual property laws.

To the fullest extent permitted by applicable law, DAILE reserves the right to pursue available legal and equitable remedies for unauthorized use of its content. A person or entity responsible for unauthorized use may be liable for damages resulting from the violation, including, where recoverable under the applicable law, lost revenue, lost licensing or subscription fees, enforcement costs, and reasonable attorneys’ fees.

DAILE may seek injunctive or other equitable relief as provided in the Exception for Intellectual Property and Injunctive Relief above. Claims for monetary damages remain subject to the arbitration requirements of these Terms unless applicable law provides otherwise.

16. International Users

DAILE operates from its offices in the United States. Users accessing the Site from outside the U.S. are responsible for complying with their local laws. You agree that you will not use the DAILE content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

17. Privacy Policy

Your use of the Site is subject to our Privacy Policy, which explains how personal information is collected, used, and protected. By using the Site, you consent to the terms of the Privacy Policy.

Additional notices:

18. Entire Agreement

This Agreement, along with our Privacy Policy, constitutes the entire agreement between you and DAILE regarding use of the Site. If any part of this Agreement is found unenforceable, the remainder shall remain in full force and effect.

19. Changes to Terms

DAILE reserves the right to update or modify these Terms at any time. The most current version will be posted on the Site. Continued use of the Site after changes are made constitutes acceptance of the revised Terms.

The DAILE Learning Team