Terms of Service

Introduction#

LearningSense LLC ("Provider") offers a homeschool co-op management platform under these Terms of Service, which incorporate the Common Paper Cloud Service Agreement Standard Terms Version 2.1 by reference. By accessing or using LearningSense, you ("Customer") agree to these terms. If you are accessing or using the Product on behalf of your company or organization, you represent that you have authority to bind that entity to these terms, and "Customer" refers to that entity. The Cover Page terms below take precedence over the Standard Terms where they conflict.

This Agreement consists of these Terms of Service together with the LearningSense Payment Terms, Director Agreement, and Privacy Policy, each of which is incorporated by reference and forms part of your agreement with LearningSense. Where a more specific document (such as the Director Agreement or Payment Terms) addresses a topic, that document controls for that topic. LearningSense may change any of these documents as described in Addition 8 below.

Cover Page (Order Form)#

• Framework Terms: Common Paper Cloud Service Agreement Standard Terms Version 2.1 (https://commonpaper.com/standards/cloud-service-agreement/2.1/)
• Cloud Service: LearningSense, a web-based management platform for homeschool co-ops, Mother's Day Out and Parents Day Out programs, and enrichment communities, providing class registration, family enrollment, payment collection and scheduling, volunteer coordination, attendance tracking, teacher tools, reporting, and community communication (announcements, class channels, group conversations, and direct messages between users in the same co-op). LearningSense adds, changes, and removes features over time; these terms apply to all current and future features of the platform unless a feature is governed by separate terms presented at the time of use. Some features are optional and work only when a Director turns them on for their co-op. Where these terms or the Privacy Policy describe an optional feature, they describe how it works if and when it is available and turned on. They do not promise that it is available.
• Order Date: The date Customer creates an account on LearningSense.
• Subscription Period: 1 month or 1 year, as chosen by Customer, renewing automatically unless cancelled.
• Cloud Service Fees: Subscription fees are as published at https://www.learningsense.org/pricing. LearningSense also charges a platform fee on co-op payments processed through the platform. The platform fee varies by subscription tier and is disclosed at https://www.learningsense.org/pricing and in the Payment Terms. The platform fee is deducted automatically from co-op payments before payouts to Directors. Fees and plans may change as described in Addition 8. Subscription fees are exclusive of applicable sales, use, or similar taxes, which are calculated and added at checkout where required by law; see the Payment Terms, Section 13 (Taxes), for details.
• Payment Process: Fees are charged monthly or annually, according to the plan chosen, via Stripe to the payment method on file. Co-op payment processing fees are deducted from payment volume before Director payouts.
• Non-Renewal Notice Period: None. Customer may cancel at any time from billing settings or by writing to support@learningsense.org, and cancellation takes effect at the end of the current billing period.
• Use Limitations: Use is limited to legitimate homeschool co-op management. Commercial resale of the platform is prohibited. Directors may not use the platform to collect payments for services unrelated to their registered co-op.
• Prohibited Data: Customer may submit information about children's health and safety (such as allergies, medical conditions, medications, dietary needs, emergency contacts, and authorized pickup people) and the other information these terms and the Privacy Policy describe. Customer may not submit Social Security numbers, driver's license or other government identification numbers, or full bank account or card numbers, except to Stripe through Stripe's own forms. This replaces the definition of Prohibited Data in the Standard Terms.
• High Risk Activities: Emergency alerts and check-in and check-out are permitted uses of the Cloud Service. They help a program reach people and keep records. They are not an emergency response service, they do not replace calling 911, and Provider does not guarantee that any alert, email, or text message is delivered or read on time.
• Machine Learning: Section 1.6 of the Standard Terms does not apply. Provider does not use Customer Content to develop, train, or enhance artificial intelligence or machine learning models, and does not allow its service providers to do so.
• Logo Rights: Section 12.8 of the Standard Terms applies only to a Director's co-op or program name and logo, and only with the Director's permission, which the Director may withdraw at any time by writing to support@learningsense.org. Provider never names a Family, a Teacher, or a child in its marketing.

Key Terms#

• Customer: The Director, Family, or Teacher who creates an account and agrees to these terms.
• Provider: LearningSense LLC, a Texas limited liability company.
• Effective Date: The date Customer first creates an account.
• Governing Law: The laws of the State of Texas, without regard to conflict of law principles.
• Chosen Courts: State and federal courts located in Lubbock County, Texas.
• Notice Address: support@learningsense.org or the primary email address on Customer's account.

Covered Claims#

• Provider Covered Claims: A claim by someone other than Customer that the Product, as provided by Provider, infringes that person's patent, copyright, or trademark, or misappropriates their trade secret.
• Customer Covered Claims: A claim by someone other than Provider arising from Customer Content, from the operation of Customer's co-op or program (including any harm to a child, a Family, or another person), or from Customer's breach of these terms or of applicable law.
• General Cap Amount: The greater of (a) $100 or (b) the total fees paid by Customer to Provider in the 12 months preceding the claim.

Changes to the Standard Terms#

The following additions and modifications apply to the Common Paper Cloud Service Agreement Standard Terms Version 2.1 incorporated by reference. Where these additions conflict with the Standard Terms, these additions control.

Addition 1: User Types

LearningSense serves three user types: Directors (co-op administrators), Families (parent/guardian accounts who enroll children), and Teachers (instructors a Director links to one or more classes). Each user type has different access levels and responsibilities.

Directors are the primary contracting party and are responsible for their co-op's compliance with these terms, including ensuring that Families and Teachers they invite use the platform appropriately. Where LearningSense lets a Director give other adults administrative access to help run the co-op (for example, a co-director or registrar), those co-op administrators act for the Director, and the Director is responsible for what they do on the platform.

Co-directors. The Director who created a co-op (the "owner") may invite up to five co-directors. A co-director acts on behalf of the co-op and may see and manage its families, children, and classes, and its invoices and cash or check payments. The owner stays responsible to LearningSense for the co-op, its subscription, payouts, refunds, and Stripe connection, and for what co-directors do on the platform. Co-directors accept these terms and the Privacy Policy, owe the same confidentiality duties as Teachers for the information they see, and lose access when the owner removes them or they leave the co-op.

Second parents or guardians. A Family's main parent or guardian may invite one other adult to the Family account as a second parent, with view-only access to the Family's children (including health details), schedule, co-op messages, class work, grades, report cards, and invoices. When inviting, the main parent confirms the second adult is allowed to see the children's information, including health details. The main parent or the Director can remove a second parent at any time, and a second parent can leave. LearningSense does not resolve custody or access disputes between parents; the co-op and the parents handle those, and the co-op follows any court order it is given.

Teachers access only the co-op data necessary to perform their instructional role. For a child's health, safety, and pickup details, Teachers see only the fields the child's parent or guardian has left shared with teachers; all such fields are shared by default, and Directors can see every field. Families and Teachers accept these terms and the Privacy Policy when they join a co-op, and accept updated versions as described in Addition 8.

Teacher confidentiality. Teachers may see information about children and families, such as names, ages, grade levels, class rosters, attendance, and the health, safety, and pickup details shared with teachers. A Teacher must: (a) use that information only to teach, supervise, and keep children safe in the co-op's classes; (b) not post or share it outside the platform, and not copy or download it except through the printing and download tools LearningSense provides for teaching and keeping children safe, sharing it only with the co-op's Director, the child's own parent or guardian, or emergency responders when a child's safety requires it; (c) keep their login private and not let anyone else use their account; (d) tell the Director and support@learningsense.org promptly if they believe information about children or families has been misused or seen by someone who should not see it; and (e) when they stop teaching for the co-op, stop using the information and destroy or delete any copies they made, such as printed or downloaded rosters. These duties continue after the Teacher leaves the co-op.

Addition 2: Children's Data

LearningSense stores information about minor children, including first and last name, age, grade level, date of birth, T-shirt size, and enrollment status, along with optional health and safety details (such as allergies, medical conditions, medications, dietary restrictions, emergency contact names and phone numbers, and authorized pickup people) and photo/media consent where a program uses them. Where a co-op turns them on, it may also include attendance and check-in and check-out records, health and safety records kept by the co-op (such as immunization records, medication logs, and incident reports), class work and grades, and photos and files shared in a class. Our Privacy Policy, Sections 8 and 12, describes this in more detail.

Children do not use LearningSense on their own. Accounts are for adults. A child can have a login only if LearningSense offers student logins, the child's co-op turns them on, and the child's parent or guardian creates the login from their own Family account. For a child under 13, the parent or guardian must first give verifiable parental consent through their Family account. We do not knowingly collect personal information directly from a child under 13 without that consent, and if we learn that we have, we delete it promptly.

Where children's information comes from. Information about a child comes from the child's parent or guardian, or from the child's co-op: its Director, a co-op administrator acting for the Director, or a Teacher or staff member the co-op authorizes (for example, when they record attendance). Where a co-op turns on student logins, it can also come from the child's own use of the features the parent has approved. For information a co-op provides, the co-op is responsible for it and decides how it is used, and LearningSense stores and processes it on the co-op's behalf.

Families a Director adds before the parent joins. A Director may add a family before the parent has an account, by hand or from a spreadsheet, so the parent can be invited. Only these details can be added this way: the parent's name, email address, and phone number, and each child's name, grade, and date of birth. The Director confirms that they got this information from the family for the co-op's own enrollment and that they told the family the co-op uses LearningSense. Until the parent joins and confirms each child:

• only the co-op's Director and co-op administrators, and LearningSense support, can see it;
• it is not shown to Teachers, to other families, or on any public page;
• the child cannot be enrolled, invoiced, or charged;
• we do not send the parent text messages, and we email the parent only invitations to join that the Director chooses to send; and
• no health, medical, allergy, medication, dietary, emergency contact, or pickup information can be added for the family.

When the parent joins, they see what the Director entered and can correct it, remove a child who is not theirs, or decline. A child's information becomes part of the parent's account only after the parent confirms they are the child's parent or legal guardian and gives consent. Anything the parent removes or declines is deleted right away. If the parent has not joined and confirmed, we delete the family's and children's information automatically 180 days after the Director added it, and the Director can delete it sooner at any time. A parent or guardian can have this information deleted without creating an account by writing to support@learningsense.org.

Parents' choices and our limits. A parent or guardian can review, correct, or delete their child's information at any time from their account or by writing to support@learningsense.org. We use children's information only to provide, maintain, secure, support, and improve the co-op's enrollment, classes, billing, communication, and the other features the co-op turns on. We never sell it, never use it for advertising, and never use it, or allow our service providers to use it, to train artificial intelligence models. We share it only as described in our Privacy Policy, including with the service providers listed on our Subprocessors page that help us run LearningSense, some of which are artificial intelligence tools. LearningSense complies with applicable children's privacy laws, including COPPA.

Addition 3: Payment Facilitation

LearningSense facilitates payments between Families and Directors using Stripe Connect. Co-op payments are charged through Provider's Stripe platform account and transferred to the Director, less fees, as described in the Payment Terms. Directors are responsible for their co-op's fee structure, refund policies, and compliance with applicable payment laws. Provider charges a platform fee on co-op payments processed through the platform. The platform fee varies by the Director's subscription tier and is disclosed at https://www.learningsense.org/pricing and in the Payment Terms. Directors must complete Stripe identity verification before enabling payment collection. Provider is not liable for disputes between Directors and Families regarding co-op fees.

Families pay co-op payments by bank transfer (ACH) or by card. A Family always pays exactly the amount the co-op charges. The co-op pays the platform fee and the payment processing cost out of its payout, and LearningSense never adds a surcharge or processing fee to a Family's payment.

Addition 4: Data Ownership

Customer retains ownership of all data entered into LearningSense including co-op records, family information, class data, and payment records. Class records a Family or Teacher creates for a co-op are kept for that co-op as described below. Provider, and the service providers listed on our Subprocessors page (including artificial intelligence tools), process this data to provide, maintain, secure, support, and improve the service, as described in our Privacy Policy. Provider does not sell this data and does not allow it to be used to train artificial intelligence models. Upon account termination Customer may request a full data export within 30 days.

A request to delete an account does not take effect immediately. The deletion is scheduled for 30 days after the request is made, and the account remains accessible during that period. Until shortly before the deletion is carried out, the account holder can cancel the request from their account settings, or can ask LearningSense support to cancel it by writing to support@learningsense.org. Support cancels a request only when the account holder asks. When a Family or Teacher asks to delete their account, or cancels that request, we tell the Director of their co-op.

On or after the scheduled date, an automated daily process permanently deletes Family and Teacher accounts and the records associated with them, including family and child information, the class and enrollment records of the Family's own children, payment records, every message the account holder sent in any conversation or channel and the files attached to those messages, and the direct-message conversations the account took part in, including the other participant's messages and attachments in those conversations. Class records described in the next paragraph are not deleted. Director accounts, whose deletion also removes the co-op and its members' records, are reviewed and deleted by our team.

Class records stay with the co-op. When a Family or Teacher account is deleted, the class records that person created for a co-op that is still on LearningSense are not deleted: attendance and attendance notes, class announcements and the files attached to them, class files, co-op events, and the forms and waivers the person answered or signed for the co-op, with their signature details. We keep them for the co-op so it has a complete record of its classes and the children in them. We remove the deleted account as their author, so the app no longer shows who created them, but we do not change what was written or uploaded, and our internal records, including the deletion log, can still connect them to the deleted account. By posting or uploading anything to a co-op's class, you allow the co-op and LearningSense to keep, show, and use it for that co-op's own purposes after you leave or delete your account. Before your deletion date you can edit or remove what you wrote where the app lets you, and at any time you can ask us at support@learningsense.org to remove your name, contact details, signature, photos of you, or other information about you from these records. We will do that after telling the co-op's Director, but we may keep the parts the co-op needs as a record of its classes, such as attendance marks and notes about a child. The co-op keeps and deletes these records as described in our Privacy Policy, Section 6. For these records only, this paragraph controls over the data ownership statement above and over any deletion of Customer Content under the Standard Terms.

LearningSense keeps a deletion log for audit and compliance purposes. It records each cancelled request and each completed or attempted deletion: the account identifier, the email address, the dates the deletion was requested and scheduled, when it was cancelled or carried out, and who cancelled or carried it out, including the reason when support cancels a request. The log does not contain children's information or message content.

Addition 5: Family Disputes

Disputes between Directors and Families regarding co-op operations, fees, enrollment, or conduct are solely between those parties. LearningSense is not a party to and has no liability for such disputes. Provider may suspend accounts involved in verified abuse, harassment, or fraudulent activity at its sole discretion.

Addition 6: Consumer Rights and State Law

Some users of LearningSense are consumers (including Families) who reside in US states with consumer-protection laws that may grant rights that cannot be waived by contract. Nothing in these terms, the Payment Terms, or the Director Agreement waives, limits, or overrides any right, remedy, or protection that applicable law in the user's state of residence makes non-waivable.

Disputes. Before either party brings a claim, it will write to the other (for LearningSense, at support@learningsense.org) and allow 30 days to resolve the matter informally. After that, either party may bring a claim in the state or federal courts located in Lubbock County, Texas, or in a small claims court with jurisdiction. Neither party agrees to arbitration, and nothing in this Agreement waives anyone's right to bring or join a class action. A Family may also bring a claim in the courts of the Family's home county where the Family's state law gives that right. The governing-law and chosen-courts provisions apply only to the extent permitted by the law of the user's state of residence; where that law restricts them for consumers, they do not apply to that user to that extent, and the remainder of these terms continues in full force.

Addition 7: Optional Features

Some features are optional and work only when a Director turns them on, and some described here may not be available yet. If your co-op turns one on, these rules apply:

• Photos and files. Upload only photos, files, and messages you have the right to share. Do not upload or share a photo that shows a child whose parent or guardian has not given photo and media consent for the co-op.
• Text messages. If you opt in to text messages about your co-op, LearningSense will text you about the co-op, such as schedule changes, reminders, and payment notices. Message frequency varies. Message and data rates may apply. Reply STOP to stop texts or HELP for help. Agreeing to texts is not a condition of using LearningSense, and you can turn texts off in your account settings at any time. Carriers are not liable for delayed or undelivered messages. We text only a phone number whose owner has opted in. A phone number a Director adds or imports is never used for texts until its owner opts in.
• Public co-op pages. A co-op's public page shows information about the co-op that the Director chooses to publish. The Director is responsible for everything on it. It never shows a child's name, age, grade, health or safety details, or any other record about a child, and it shows a family's information only with that family's permission. A Director may publish a photo that shows a child only after confirming that the child's parent or guardian has given the co-op photo and media permission, must not name a child in a caption, and must remove a photo when a parent or guardian asks. A Director may publish a quote from a family only if it is real, unedited in meaning, and the family agreed to its posting, and may list a person on the team only with that person's agreement. LearningSense may remove any photo, quote, or team entry on request or on its own judgment, and does not review public pages before they are published.
• Request to join forms. A co-op's public Request to join form is published by the co-op, which is responsible for what it asks and for responding. LearningSense shows what is submitted to the co-op's Director and co-directors only. A request that is not approved is deleted 90 days after it was sent or declined, whichever is later; a waitlisted request is kept until the co-op decides or the sender asks us to delete it.
• Calendar subscription links. Anyone who has your private calendar link can see the events in it, so share it only with people you trust. You can reset the link at any time, which stops the old one from working.
• Check-in and check-out. The co-op decides who may drop off and pick up each child and follows its own safety procedures. LearningSense records what the co-op's staff enter and does not verify anyone's identity.
• Health and safety records. Where a co-op keeps health and safety records (such as immunization records, medication logs, and incident reports), the co-op is responsible for them. LearningSense is not a health care provider and does not review these records.
• Student logins. A parent or guardian who creates a login for their child is responsible for supervising its use and can close it at any time. For a child under 13, the parent must first give verifiable parental consent, as described in Addition 2.
• Volunteers, staff, and background checks. LearningSense is not a consumer reporting agency and does not run background checks. A co-op that requires background checks, CPR certification, or training is responsible for getting them lawfully, including any consent or notice the law requires before obtaining a background check. The co-op may record their status and dates on LearningSense and may upload the report or certificate, which is kept privately and shown only to the co-op's Director and co-directors. The co-op, not LearningSense, is responsible for having the right to collect and keep these files.
• Imports and AI-assisted features. Some features may use artificial intelligence to help, for example by suggesting how the columns in a spreadsheet match our fields. Suggestions can be wrong, so review them before you save. AI providers we use are listed on our Subprocessors page.
• Connected services. When a Director connects another service, such as accounting software like QuickBooks, the Director directs LearningSense to send that service the co-op data the Director selects. The other service's own terms and privacy policy govern its copy, and LearningSense is not responsible for that service.
• Forms, waivers, and electronic signatures. Forms on LearningSense are created by your co-op. LearningSense is not a party to them, does not write or review them, and does not promise that any form, waiver, or release is valid or enforceable; any example we offer is a starting point, not legal advice. When you sign a form by typing your name and checking the box, you agree to sign electronically, and your typed name has the same effect as a handwritten signature. We record the date, time, and IP address of each signature and keep a copy of the form exactly as you saw it. You can view and download your signed copies under Forms at any time; to do so you need a device with a web browser and your email address. You may ask your co-op for a paper copy or to sign on paper instead, and you may withdraw your consent to sign electronically for future forms by telling your co-op, which does not affect forms you already signed. Signed forms stay with the co-op as its record after you leave or delete your account, as described in Addition 4.

Addition 8: Changes to These Terms, Our Policies, Fees, and the Service

LearningSense may change these terms, the Privacy Policy, the Director Agreement, the Payment Terms, our fees, our plans, and the features of LearningSense at any time. A change takes effect when we post it, or on a later date we state. For a material change, we will also tell you by email or by a notice in the app.

You accept a change by continuing to use LearningSense after it takes effect, or by clicking to accept it in the app, whichever happens first. If you do not agree to a change, you must stop using LearningSense and cancel your account; that is your remedy.

These limits apply to every change:

• A change does not apply to a dispute that arose before the change took effect.
• A subscription price increase takes effect at the start of your next billing period after we notify you of it.
• A change to platform fee rates applies only to co-op payments started after we notify you of it.
• If we materially reduce the general functionality of a paid plan during a period you have already paid for, you may cancel and we will refund the unused part of that period. This is your only remedy for that reduction.

This Addition replaces Section 12.2 of the Standard Terms (which requires every change to be signed or electronically accepted by each party) and the Standard Terms' warranty and remedy about reducing the Cloud Service's functionality (Sections 6.3 and 6.4). It controls over any other provision of the Standard Terms, the Cover Page, the Director Agreement, the Payment Terms, or the Privacy Policy about changing this Agreement.

Addition 9: Communications, Promotions, and Community Rules

Electronic notices. You agree that we may give you notices, receipts, invoices, and other communications about your account and these terms by email to the address on your account or by a notice in the app, and that they count as being in writing. Keep your email address current. Service emails about your account or your co-op are described in our Privacy Policy, Section 2; you cannot turn them off while you are a member, except where a setting lets you turn off a particular kind. Marketing emails are optional and always carry an unsubscribe link.

Emails sent for your co-op. Announcements, messages, reminders, and invoices that a co-op sends through LearningSense are sent on the co-op's behalf. The co-op is responsible for their content. A co-op may use these tools only to communicate with its own members about the co-op, never to send advertising, solicitations, or messages unrelated to the co-op, and never to people who have not joined or asked to join it. We may stop sending for a co-op that breaks this rule.

Promotions and promo codes. A promotion or promo code applies only to the subscription fee, not to platform fees or processing fees, unless the offer says otherwise. One promotion per co-op; promotions cannot be combined, transferred, or exchanged for cash. When a promotion ends, your plan renews at the price then shown on the pricing page. We may end an offer for new sign-ups at any time; that does not change an offer you already redeemed. A free trial or trial extension is a promotion.

Community rules. When you post, message, or upload on LearningSense, do not: harass, threaten, or bully anyone; share sexual content of any kind, or any content that sexualizes a child; post a photo of a child without that family's photo choice allowing it; share another person's private information; upload anything you do not have the right to share; or promote anything unrelated to your co-op. Anyone can report a message or file to the co-op's Director or to support@learningsense.org. We may remove content and suspend accounts that break these rules. We report suspected child sexual abuse material to the National Center for Missing and Exploited Children as the law requires, and we preserve it for the period the law requires.

Copyright. If you believe content on LearningSense infringes your copyright, send a notice with the information required by 17 U.S.C. 512(c)(3) to our designated agent at support@learningsense.org, LearningSense LLC, 2057 104th St, Lubbock, TX 79423. We remove infringing content and close the accounts of repeat infringers.

Beta and early features. A feature we label as beta, early, preview, or coming soon is a Beta Product under Section 12.7 of the Standard Terms: it is provided as is, may change or be removed without notice, and the functionality warranty does not apply to it.

Incorporated Standard Terms#

These terms incorporate by reference the Common Paper Cloud Service Agreement Standard Terms Version 2.1, available at https://commonpaper.com/standards/cloud-service-agreement/2.1/ (link opens in new tab). Customers are encouraged to review the full Standard Terms. Where any provision of these terms conflicts with the Standard Terms, these terms control.

Contact#

For questions about these terms contact us at support@learningsense.org. For privacy questions review our Privacy Policy. For payment questions review our Payment Terms. For the companies that help us run LearningSense, see our Subprocessors page.