The agreement governing your use of the Guiden platform
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User") and Color Coded Kids LLC, a Missouri limited liability company ("Company," "we," "us"). The terms govern your access to and use of the Guiden AI tutoring platform, including all associated websites, mobile applications, APIs, and services (collectively, the "Service").
When a School, school district, or educational institution ("School Partner") accesses the Service on behalf of students and educators, the School Partner agrees to these Terms on behalf of its users and represents that it has the authority to do so.
Student accounts are intended for users enrolled in grades K–12 (approximately ages 5–18). Students under 13 may only access the Service through a School Partner that has agreed to these Terms and complied with applicable child privacy laws including COPPA. Students under 18 who access the Service independently (without a School Partner) must have parental or guardian consent.
Teacher and Administrator accounts are intended for adult educators and school staff (age 18 or older). By registering as a Teacher or Administrator, you represent that you are an adult and that your use of student data is within the scope of your professional responsibilities and compliant with FERPA.
You are responsible for maintaining the confidentiality of your account credentials. You agree to immediately notify us at hello@colorcodedkids.com if you suspect unauthorized access to your account. We are not liable for any loss resulting from unauthorized use of your account credentials.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended educational purposes. You may use the Service to:
You agree not to, and not to permit others to:
AI-generated content, including tutor responses, assignment grades, rubric scores, and student KPI analyses, may contain errors. The AI does not have access to real-time information and may produce responses based on outdated or incorrect knowledge. Teachers are encouraged to review AI grades and feedback and apply professional judgment before finalizing student assessments.
Use of Guiden does not guarantee any specific academic outcome, improvement in grades, mastery of subject matter, or qualification for any academic program. The Service is one educational tool among many and is not a substitute for qualified human instruction.
While we implement content safety measures on all AI interactions, no automated system is perfect. If the AI produces content you believe is inappropriate, harmful, or inaccurate, please report it immediately to hello@colorcodedkids.com.
The Guiden platform, including its design, software, algorithms, brand elements, and content created by Color Coded Kids LLC, is owned by Color Coded Kids LLC and protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the platform without our prior written consent.
Students retain ownership of the original content they create through their chat messages and assignment submissions ("Student Content"). By using the Service, students (and their School Partners on their behalf) grant Color Coded Kids LLC a limited, non-exclusive license to process, store, and display Student Content solely for the purpose of providing the tutoring service, including AI processing and teacher review.
We do not claim ownership of Student Content. We do not use Student Content to train AI models. We will not publish, distribute, or commercially exploit Student Content without explicit written consent.
If you provide suggestions, feature requests, or feedback about the Service, you grant us a perpetual, royalty-free license to use such feedback for any purpose without any obligation to you.
School Partners using Guiden on behalf of students agree to the following obligations:
Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as set forth in the Privacy Policy.
The Service is currently offered at no charge to qualifying School Partners under our free pilot program. Acceptance into the pilot program is at our sole discretion.
We reserve the right to introduce fees for the Service in the future. We will provide at least 60 days' advance written notice before any paid tier takes effect. Continued use of the Service after fees are introduced constitutes acceptance of the applicable pricing terms.
Please see our Refund Policy for information about payments and refunds for any paid services.
You may terminate your account at any time by contacting us at hello@colorcodedkids.com. School Partners may terminate their institutional account with 30 days' written notice. Upon termination, your access to the Service will cease and your data will be handled in accordance with our Privacy Policy.
We reserve the right to suspend or terminate your account, with or without notice, if we determine in our sole discretion that you have violated these Terms, engaged in conduct harmful to other users, the Service, or third parties, or for any other legitimate business reason. We will provide notice of termination where feasible and not legally prohibited.
The service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any AI-generated content including grades, feedback, or student assessments.
Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the maximum extent permitted by law.
To the maximum extent permitted by applicable law, Color Coded Kids LLC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your access to or use of (or inability to use) the service, any conduct or content of any third party on the service, any content obtained from the service, or unauthorized access, use, or alteration of your transmissions or content.
In no event shall our total liability to you for all claims arising out of or relating to the use of or inability to use the service exceed the greater of (a) the total amount paid by you to us in the 12 months preceding the claim, or (b) one hundred US dollars ($100).
Nothing in these Terms limits our liability for fraud, willful misconduct, or gross negligence, or for any liability that cannot be excluded or limited by applicable law.
You agree to defend, indemnify, and hold harmless Color Coded Kids LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Service in a manner not authorized by these Terms, or your infringement of any third-party right.
These Terms are governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction in St. Louis, Missouri.
Notwithstanding the above, disputes involving student educational records or FERPA rights shall be submitted to the U.S. Department of Education's Student Privacy Policy Office as required by federal law before or in addition to arbitration.
You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. If this waiver is found to be unenforceable, the class action claims shall be severed and resolved in court while any remaining claims proceed in arbitration.
| Entire Agreement | These Terms, together with the Privacy Policy, Cookie Policy, and any applicable School Partner agreement, constitute the entire agreement between you and Color Coded Kids LLC regarding the Service |
| Severability | If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect |
| No Waiver | Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights |
| Assignment | You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction. |
| Force Majeure | We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control |
| Notices | Notices to us must be sent to hello@colorcodedkids.com. We may provide notices to you via email or platform notification. |
| Updates to Terms | We may modify these Terms with 30 days' advance notice. Continued use after the effective date constitutes acceptance. |
For questions about these Terms of Service: hello@colorcodedkids.com
Color Coded Kids LLC · St. Louis, MO