Terms of Service

Last updated: 09/30/2026

Effective 10/9/2026

This page contains the complete Rally Reader Terms of Service. It is one agreement in six parts.

Contents

Core Terms — apply to everyone
Schedule A — School Accounts
Schedule B — Family Accounts
Schedule C — Sponsored Program Accounts
Schedule D — App Store Terms
Schedule E — Jurisdiction-Specific Provisions

Which parts apply to you. The Core Terms apply to every account. Section 1.3 of the Core Terms tells you which Schedule also applies to you, based on how your account was set up. Schedule D applies to anyone who obtained the app from the Apple App Store or Google Play. Schedule E applies according to where you live.

1. About these Terms

1.1 Who we are

Rally Reader, Inc. (“Rally Reader”, “we”, “us”, “our”) provides a reading application and related online services (the “Service”) through the Rally Reader mobile and desktop applications, our websites, and offerings used together with them.

1.2 Agreeing to these Terms

These Terms of Service (the “Terms”) are a contract between you and Rally Reader. You accept them by creating an account, by signing an order form or service order with us, by clicking a button marked “I agree” or similar, or by using the Service.

If you accept these Terms on behalf of an organization, you confirm that you have authority to bind that organization, and “you” means that organization.

You may use the Service only if you can form a binding contract with us, and only in compliance with applicable law.

1.3 Which Schedule applies to you

The Schedules below form part of these Terms and are incorporated by reference. Find the row that describes your account:

Schedule A — School Accounts apply to accounts that were provided to a student by a school, school board, school district or similar body. The school or board holds the agreement.

Schedule B — Family Accounts apply to accounts that were created by a parent or guardian who pays for it themselves. The parent or guardian holds the agreement.

Schedule C — Sponsored Program Accounts apply to accounts that were created by a parent or guardian under a program funded by a third party, where the family pays nothing. The parent or guardian, with the sponsor funding it holds the agreement.

Schedule D — App Store Terms applies to everyone who obtained the application from the Apple App Store or Google Play.

Schedule E — Jurisdiction-Specific Provisions applies according to where you live or where your institution operates. If you are in Canada, or your institution is in Canada, read Schedule E before relying on Sections 8 to 12.

A Student may move from one type of account to another during the life of these Terms. Section 6 explains how, and the Schedules set out what changes.

1.4 Order of precedence

Where documents conflict, the following order applies, highest first:

A data processing agreement, data privacy agreement or student data privacy agreement signed between Rally Reader and your institution
A signed service order or order form
Schedule E — Jurisdiction-Specific Provisions
The Schedule that applies to your account type (A, B or C), and Schedule D where relevant
These Core Terms
Any other page or policy referenced in these Terms

Our privacy documents describe how we handle personal information. Where a privacy document gives an individual a stronger protection than these Terms, that protection applies.

1.5 Definitions

Account Holder — the person or organization that agreed to these Terms for a given account. Identified in the table at 1.3.
Authorized User — anyone permitted to use an account: educators, school administrators, Students and Family Members.
Student — a child or young person who uses the Service to read.
Family Member — a parent or legal guardian.
School — a school, school board, school district, school division, school authority, conseil scolaire or other body authorized to enter into agreements for the supply of services to schools.
Sponsor — a government body, foundation, corporation or other third party that funds access to the Service for a defined group of Students, without being the Account Holder.
User Content — content contributed through an account, consisting of Reading Content (audio of a person reading aloud, together with synchronized book capture, word highlighting and interface elements), Reading Data (metrics such as time spent reading and titles completed) and Messages.
Student Data — information directly related to an identifiable current or former Student that we hold in connection with providing the Service to a School.

2. Accounts

2.1 Creating an account

A child cannot create a Rally Reader account. An account is created by a School, by an educator, or by a parent or guardian. Where an application store is used to obtain the application, the account is opened under an adult’s store credentials.

When creating an account you must give accurate and complete information and keep it up to date.

2.2 Account security

You are responsible for activity on your account and on the accounts of your Authorized Users. Keep credentials secret and do not share them. Tell us promptly at legal@rallyreader.com if you believe an account has been accessed without authorization.

An Authorized User with administrator access can change account settings, access and billing information for that account.

2.3 Third-party sign-in

The Service can be used with third-party authentication services, including Apple, Google, Clever and similar providers. If you connect through one of these, you also accept that provider’s terms, and you permit us to receive the information that provider makes available about you.

2.4 How we contact you

When you give us an email address or a mobile number, you are giving us a way to reach you. We use it for three things:

Service messages like a one-time code to verify your contact details, confirming an account or an enrollment or for something we need from you. These messages cannot be turned off as they are part of running your account.
Important notices like a change to these Terms or our privacy documents, a significant change to the Service or something that affects your account. These messages cannot be turned off as the law and these Terms require us to tell you.
Reading and product messages such as ideas for encouraging your child to read, new books they might like, tips on getting more out of Rally Reader, or news about what we have built. These messages can be turned off at any time.

Reading and product messages are on by default when you give us an email address. We think a parent who has signed their child up for a reading program wants help making it work. Every one of these messages carries a one-click way to stop them, and stopping them affects nothing else about your account.

Text messages are different — see 2.4.1.

2.4.1 Text messages

Service messages and important notices may be sent by text where you gave us a mobile number.

Reading and product messages are not sent by text unless you ask for them. You opt in, and you can stop at any time by replying STOP. We will never make that choice a condition of enrolling or of using the Service.

Where a program collects a mobile number at registration, Schedule C section C2A sets out the detail.

2.4.2 We never message a Student

We do not send email or text messages to a Student, for any purpose. Everything we send goes to an adult.

2.5 Marketing

Reading and product messages under 2.4 are sent in accordance with your preferences and applicable law. Every one identifies us and carries a way to unsubscribe, which we act on promptly. Unsubscribing does not stop service messages or important notices.

We do not use Student Data to target, inform or enable marketing, and we do not disclose a contact detail to anyone else for their own marketing.

If you are in Canada, Schedule E section E2.7 sets out how Canada’s Anti-Spam Legislation applies to these messages.

3. Using the Service

3.1 License

While these Terms are in force we grant you a non-exclusive, non-transferable, revocable license to access and use the Service, and to allow your Authorized Users to do so, for reading and educational purposes.

Where we make downloadable software available, we grant you a limited license to use it on devices you own or control, solely to use the Service. Updates and bug fixes are covered by the same license.

We own the Service, our software and our documentation, together with all intellectual property in them. Nothing in these Terms transfers any of that to you.

3.2 Acceptable use

You agree not to, and not to permit any Authorized User to:

reverse engineer, decompile or disassemble any part of the Service, except where law expressly permits it;
copy, distribute or disclose any part of the Service, including by automated scraping;
use automated systems that place an unreasonable load on our infrastructure;
interfere with the security or integrity of the Service, or attempt to access it other than through the interfaces we provide;
upload malicious code;
harvest personal information from the Service;
use the Service for commercial solicitation;
impersonate another person or misrepresent an affiliation;
use the Service to build a competing product, or for benchmarking without our written consent;
circumvent measures that restrict access to or copying of content.

3.3 Content restrictions

You are responsible for User Content submitted through your account. Do not submit, and do not allow an Authorized User to submit, content that:

creates a risk of harm to any person;
harms or exploits children;
is unlawful, defamatory, harassing, obscene or otherwise objectionable;
infringes the rights of others, including privacy and intellectual property rights;
you do not have the right to make available.

Do not submit government identification numbers, payment card numbers, health information, or other information subject to specific legal regimes such as HIPAA or GLBA. The Service is not designed to hold that information, and we make no representation that it is suitable for doing so.

We may review conduct for compliance but have no obligation to do so. Where we believe a breach can be remedied by removing content, we will normally ask you to act before we do.

4. User Content

4.1 Ownership

As between you and us, you own your User Content. In School Accounts, the School owns Student Data, subject to the rights of Students and Family Members under applicable law.

4.2 The license you give us

You grant us the rights necessary to host, store, copy, transmit, display and process User Content in order to:

provide, maintain and secure the Service;
prevent or address service, security, support or technical problems;
comply with law; and
do anything else you expressly authorize in writing.

You confirm that you have obtained the rights, permissions and consents necessary to grant this license, including from the people identified in the User Content.

4.3 De-identified and aggregated data

We may create and use de-identified and aggregated data derived from use of the Service to operate, analyze and improve our products.

We use de-identified and aggregated data only where the information can no longer identify an individual and cannot reasonably be used to re-identify one.

What we do to de-identify information. All four of the following, before information is treated as de-identified:

Remove direct identifiers — names, student identification numbers, government identifiers, exact addresses and phone numbers.
Control indirect identifiers — variables such as date of birth, postal code, gender and ethnicity, which can be cross-referenced against public directories or other datasets to re-identify someone.
Generalize — reduce precision by grouping values into broader categories, such as an age band instead of an exact age, or a region instead of a postal code.
Aggregate — report at the level of a group rather than an individual.

We do not attempt to re-identify de-identified information, and we do not permit anyone else to.

Where a jurisdiction sets a higher standard for de-identification or anonymization, we apply that standard, and we do not assert rights over information that has not met it.

4.4 What we never do

These commitments apply to every account type:

We do not sell, rent, trade or otherwise disclose Student Data or a Student’s personal information for value.
We do not use a Student’s personal information for advertising or marketing, and we do not allow advertisers or data brokers to collect information about a Student’s use of the Service.
We do not build profiles of Students other than to deliver the Service.
We do not use personal information to train artificial intelligence or machine learning models. No personal information collected through the Service is used by us to train, refine, fine-tune, evaluate or otherwise develop any model. We do not sell, share or disclose personal information to anyone for that purpose, and we do not authorize any service provider to use it for that purpose. Where we learn that a service provider has done so, we will address it, including by ending the arrangement.
We do not send messages of any kind to a Student.

4.5 Feedback

If you send us comments or suggestions about the Service, we may use them without obligation or compensation to you.

5. Privacy and data

5.1 Privacy documents

Our handling of personal information is described in our privacy documents:

Services Privacy Policy
Children’s Privacy Policy
Canadian Privacy Statement (for individuals and institutions in Canada)
Website Privacy Policy
Cookie Policy
Data Storage page

5.2 Security

We protect personal information with administrative, technical and physical safeguards, including encryption in transit and at rest, access controls, logging and monitoring, staff training and periodic independent security testing.

We cannot guarantee that security measures will never be defeated.

5.3 Breach notification

If a breach of security safeguards affects personal information, we will notify affected Account Holders and, where the law requires, the relevant regulator and affected individuals, within the time the law requires and in any event without undue delay. Schedule A sets out our commitment to Schools; Schedule E sets out the Canadian requirements.

5.4 Service providers

We use a limited number of service providers to operate the Service. Each is bound by written agreement to meet our security standards, to use personal information only to provide or support the Service, and to comply with applicable privacy law. Our service provider list — what each provider does and where each processes information — is published at rallyreader.com/legal/data-storage/service-providers.

5.5 Notice of electronic access

In accordance with Ohio Revised Code section 3319.327 and Minnesota Statutes section 13.32 subdivision 14, we give notice that the Service can access the audio recording feature of a school-issued device. Use of that feature is limited to educational purposes. Recording is off by default and begins only when a parent, educator or the Student turns it on in the application.

6. Changes to an account over its life

6.1 A Student can change account type

A Student may move from one type of account to another — most often when a School decides to provide Rally Reader to its students and a Student who already has a Family Account or Sponsored Program Account is given a new School Account. Nothing converts: the School’s account is a new, separate account.

6.2 What we commit to

Whenever an account is to change type, we commit to the following, whatever else is or is not available at the time:

We will tell the Account Holder before the change takes effect.
The Account Holder controls their own account. Downloading a record of the Student’s reading and closing the account are theirs alone. Whether a Student uses an account a School provides is the School’s decision, made under the School’s own authority.
The Account Holder can download a record of the Student’s reading and close the account, at any time, free of charge, and not only during a change.

6.3 The new account is set up first

Where a School is providing a new account to the Student, that account is set up and working before we contact the Account Holder, so that the Student is never without access while the Account Holder decides what to do with their own account.

6.4 Winding down the previous account

Where a Sponsor’s funding for a Student’s access has moved to a new account, the previous account winds down on a fixed schedule: new content can no longer be downloaded immediately, content already downloaded remains readable for 90 days, and the account then becomes dormant.

This schedule runs whether or not the Account Holder replies. It follows from the funding having moved, not from a failure to answer. Where a Sponsor has redirected its support to a School, the same Sponsor continues to fund that Student’s reading, through the School. A Family Account the family pays for does not wind down (Schedule B, section B7.3). Dormant does not mean deleted, and the download in 6.2(3) remains available.

An Account Holder who prefers not to use the new account may open a Family Account under Schedule B at the prices then in effect. That is a new account. A Sponsored Program Account cannot be upgraded or converted into a paying account, and a new paid account carries nothing across from it — no reading history, no recordings, no settings.

Schedule C sets out how this works for a Sponsored Program Account, including what it means for an Account Holder who decides against the new account.

6.5 Reading history and recordings

A record of the Student’s reading is downloaded by the Account Holder, for the Account Holder. We do not send it to a School.

Voice recordings are never transferred to another account. Recordings made under a Family or Sponsored Program Account remain with that account and are deleted with it.

6.6 If the School relationship ends

If a School stops providing the Service, or a Student leaves that School, the Student’s School Account closes.

Before it closes, a record of the Student’s reading can be downloaded — a summary of cumulative statistics (see Schedule A, section A11.2). We give the School notice and the opportunity to download, and the School decides what to pass on to its families.

The account does not convert into a paid account, and nobody is billed. A family who wants the Student to carry on reading can open a Family Account under Schedule B at the prices then in effect. That is a new account, opened by the family, not a continuation of the School’s.

7. Term, suspension and termination

7.1 Term

These Terms apply while you use the Service. Where a service order sets a term, that term governs the paid portion of the Service.

7.2 Termination by you

You may close an account at any time. Schedule B describes what happens to a paid subscription. A Sponsored Program Account has no subscription.

7.3 Termination or suspension by us

We may suspend or terminate access where you or an Authorized User breaches these Terms, where we reasonably believe the Service is being used unlawfully, or where an Account Holder becomes insolvent. Where the breach can be cured, we will give 30 days’ notice and an opportunity to cure, except where the breach involves unlawful use or a risk to Students.

We may change or discontinue features of the Service. Where a change materially reduces the Service, we will give reasonable notice.

7.4 Effect of termination

On termination we follow the deletion and return provisions of any agreement with your institution. Otherwise, our retention practices in the Services Privacy Policy apply.

Sections 3.1 (our ownership), 4.1, 4.3, 4.4, 8, 9, 10 and 11 survive termination.

8. Disclaimers

Except as expressly stated in these Terms, the Service is provided “as is” and “as available”. To the extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure or error-free.

Some jurisdictions do not allow these disclaimers, so they may not apply to you. See Schedule E.

9. Limitation of liability

To the extent permitted by law, our total liability arising out of or relating to these Terms, in the aggregate across all claims, will not exceed the amounts paid or payable to us for the Service in the twelve months before the event giving rise to the first such claim.

Amounts paid by a Sponsor count. Where a Sponsor, a School or any other third party has paid us for a Student’s access, those amounts are amounts paid for the Service for the purposes of this Section, whether or not the Account Holder paid anything themselves.

Where no amount has been paid to us by anyone in that period, our liability in the aggregate across all claims is limited to CAD 25 / USD 25.

We will not be liable for lost profits or revenue, or for indirect, special, incidental, consequential or punitive damages.

Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. See Schedule E.

10. Indemnity

You will defend and indemnify us against claims, damages and costs arising from your or your Authorized Users’ use of the Service in breach of these Terms, violation of law, infringement of third-party rights, or User Content submitted through your account.

This Section does not apply to a Family Member acting as a consumer, except in respect of their own willful misconduct or fraud. It does not apply to a public body where the law of its jurisdiction prohibits it from giving an indemnity.

11. Confidentiality

Each party will protect the other’s confidential information with at least reasonable care, use it only to perform under these Terms, and disclose it only to advisers and service providers bound by equivalent obligations.

12. General

12.1 Governing law and disputes

Governing law, venue and dispute resolution are set out in Schedule E and depend on where you are. Nothing in these Terms removes a right you have under the consumer protection law of your own jurisdiction.

12.2 Changes to these Terms

We may change these Terms. Where a change is material, we will give reasonable notice before it takes effect, by email or through the Service. Continued use after the effective date means acceptance.

Where a change materially affects how we collect or use Student Data, we will notify affected Schools and Account Holders in advance and give them a choice before the new practice takes effect.

12.3 Notices

We give notice by email to the address associated with the account, or through the Service. Notices to us go to legal@rallyreader.com.

12.4 Assignment

Neither party may assign these Terms without the other’s consent, except that we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets. We will not transfer Student Data in such a transaction unless the acquirer agrees to privacy standards no less protective than these, and we will notify affected Schools and Account Holders with an opportunity to have the information deleted before any transfer.

12.5 Severability, waiver, force majeure

If a provision is unenforceable, it is modified to the minimum extent necessary and the rest remains in effect. A failure to enforce a right is not a waiver of it. Neither party is liable for delays caused by events beyond its reasonable control, except for payment obligations.

12.6 Entire agreement

These Terms, together with the applicable Schedules and any signed service order or data privacy agreement, are the entire agreement between the parties on this subject. Terms in a purchase order or vendor portal do not form part of it.

12.7 No third-party beneficiaries

There are no third-party beneficiaries to these Terms, except Apple and Apple’s subsidiaries, as described in Schedule D, section D1.10.

12.8 Contact

Rally Reader, Inc.
265 Cambridge Ave #60459
Palo Alto, CA 94306

General and support: hello@rallyreader.com
Privacy: legal@rallyreader.com
Legal notices: legal@rallyreader.com

Our Privacy Lead is Stouffer Egan, reachable at legal@rallyreader.com.

Schedule A — School Accounts

This Schedule applies when a school, school board, school district, school division, school authority or conseil scolaire provides Rally Reader to its students. In this Schedule, that body is the “School” and it is the Account Holder.

Where this Schedule differs from the Core Terms, this Schedule governs. Where a signed data privacy agreement between the School and Rally Reader differs from this Schedule, that agreement governs.

A1. Who holds the agreement

A1.1 The School is the Account Holder. The School accepts the Terms on behalf of itself and its educators, administrators and Students.

A1.2 Students and Family Members are Authorized Users. They are not parties to the agreement and are not required to accept separate terms in order to use an account the School has provided.

A1.3 The School directs how Student Data is used. We act on the School’s instructions. We do not decide, on our own, to use Student Data for a new purpose.

A2. Consent and notice to families

A2.1 The School is responsible for providing notice to families and for obtaining any consent the law requires before a Student uses the Service. This includes any consent required under provincial or state privacy law, student records law, or the School’s own board policy.

A2.2 We will give the School the information it needs to do that, including a plain-language description of what we collect, why, where it is stored and how long we keep it. We provide this on request and without charge.

A2.3 Where a School relies on a legal authority to collect and disclose Student Data without individual consent — for example, a provincial Education Act or a public-sector privacy Act — the School confirms that it has that authority.

A2.4 We do not contact a Student’s family for the purpose of obtaining consent on the School’s behalf unless the School asks us to in writing and we agree.

A3. Student Data

A3.1 The School owns Student Data. We hold it as a service provider, on the School’s behalf.

A3.2 We use Student Data only to:

provide and maintain the Service for that School;
support the School and its Authorized Users;
secure the Service and investigate security or integrity incidents;
comply with law; and
do anything else the School expressly authorizes in writing.

A3.3 The commitments in Core Terms section 4.4 apply in full. In particular, we do not sell Student Data, do not use it for advertising, do not build profiles of Students beyond delivering the Service, and do not use it to train artificial intelligence or machine learning models. We do not authorize any service provider to use it for that purpose either.

A3.4 We do not send email, text messages or in-app messages to a Student, for any purpose, including messages about the Service itself.

A4. Access, correction and deletion

A4.1 Requests from families go to the School. If a parent, guardian or eligible Student contacts us directly asking to see, correct, export or delete Student Data, we will refer them to the School and tell the School that we did so, within five business days.

A4.2 We will help the School respond to such a request, at no charge, within a reasonable time and in any event within the period the School’s own law gives it to respond.

A4.3 The School may ask us to delete Student Data at any time. We will carry out a deletion request promptly and confirm in writing when it is complete. Backups are covered by A4.4.

A4.4 Deletion from live systems is immediate. Our backups follow a fixed cycle — point-in-time recovery for 7 days, daily backups retained 30 days, weekly backups retained 98 days — and backups are immutable, so deleted information persists in backups until the cycle expires. Backups are used only to restore the Service after a failure. Where a restore would reinstate information already deleted, we re-apply the deletion.

A4.5 On termination, we delete or return Student Data in accordance with the School’s instruction and any signed agreement. Where the School gives no instruction, we apply the retention periods in our privacy documents.

A5. Where information is stored

A5.1 Data residency. For Schools in Canada, Student Data is stored in Canada. No copy of it is stored, hosted, replicated or backed up in any other country. Canadian Student Data is not transferred out of Canada.

Rally Reader runs on three platforms. Amazon Web Services and Google Cloud each have separate Canadian and United States environments; Vercel runs our server-side code in its Montréal region:

Amazon Web Services: The book system — book storage, copy protection, licensing and purchases — and the login system.
Google Firebase / Google Cloud: The rest of the application — application data, reading data, reading content, logs and backups.
Vercel: Our websites, and the server-side code behind our registration forms.

A Canadian account’s information stays in the Canadian environment on each platform.

Named Canadian regions: AWS ca-central-1 (Montréal), with ca-west-1 (Calgary) as backup; Google Cloud northamerica-northeast1 (Montréal), with northamerica-northeast2 (Toronto) available; Vercel yul1 (Montréal), with all server-side code executing there. Application logs and backups for Canadian accounts are in Canada only.

A5.2 Support access is a separate question from storage. Authorized Rally Reader personnel located in Canada, the United States and Europe may access Student Data for support purposes only. They do so by connecting remotely to the Canadian environment. The data remains stored in Canada throughout: it is displayed to the person handling the request, not moved to another country to be kept or processed there. Access is limited to what the request requires, is logged, and is subject to written confidentiality obligations. Support work is concentrated on system and account metadata; Reading Content is technically reachable but is rarely needed.

A5.2.1 We maintain this distinction in practice. Our support tooling does not export, cache or store Canadian Student Data on systems outside Canada. Support tickets, screenshots and debugging extracts are subject to the same rule.

A5.3 Nova Scotia Schools: see Schedule E, section E2.5.

A5.4 For Schools in the United States, Student Data is stored in the United States.

A6. Security and breach

A6.1 We maintain administrative, technical and physical safeguards appropriate to the sensitivity of Student Data, including encryption in transit and at rest, role-based access controls, logging and monitoring, staff training and periodic independent security testing.

A6.2 If we become aware of a breach of security safeguards affecting Student Data, we will notify the School without unreasonable delay and in any event within 72 hours of confirming the breach. The notice will describe what happened, what information was involved, what we have done and what we recommend the School do.

A6.3 We will cooperate with the School’s own breach assessment and notification obligations, including any obligation the School has to notify a regulator or affected individuals.

A6.4 We will not notify affected individuals directly unless the School asks us to, or unless the law requires us to do so.

A6.5 We maintain records of breaches as required by applicable law.

A7. Subcontractors

A7.1 We use a limited number of service providers. Each is bound by written agreement to meet our security standards, to use Student Data only to provide or support the Service, and not to use it for any other purpose.

A7.2 We remain responsible to the School for the acts and omissions of our service providers.

A7.3 Our service provider list — what each provider does and where each processes information — is published at rallyreader.com/legal/data-storage/service-providers. We will give notice before adding a service provider that processes Student Data.

A7.4 Clever and ClassLink are the School’s service providers, not ours. Where a School uses one of them, the School holds that agreement and controls what information flows through it. We pay an integration fee for the connection, but those services do not process Student Data on our instructions or on our behalf — they process it on the School’s behalf and deliver it to us. We do not send Student Data to them, and we are not accountable for how they handle the School’s information.

A8. Audits and assurance

A8.1 We will respond to reasonable security and privacy questionnaires from the School.

A8.2 We do not currently hold an independent security certification. We do carry out periodic independent security testing, and we will share a summary of the most recent test on request, subject to confidentiality.

A9. Fees and orders

A9.1 Fees, term, license counts and renewal are set out in the signed service order. Where no service order exists, the Service is provided as described in the School’s quote or purchase agreement.

A9.2 Students and Family Members are never charged for a School Account, and no in-application purchase is available inside a School Account. Book purchasing is not present in a School Account.

A9.3 Invoicing, payment terms and taxes are as stated in the service order.

A10. When a Student joins from an existing account

A10.1 Where a Student already has a Family Account or a Sponsored Program Account and the School begins providing the Service to that Student, Core Terms section 6 governs the change. In summary:

The School Account is created and working first.
The previous Account Holder is notified.
The previous Account Holder controls their own account — download and closure. Whether the Student uses the School Account is the School’s decision, under the School’s own authority.
Where the previous account was funded by a Sponsor whose funding has moved to the School, that account winds down over 90 days: no new books can be downloaded, books already downloaded stay readable for 90 days, and the account then becomes dormant.
Voice recordings never transfer.

A10.2 The School does not receive the Student’s previous reading history. A record of that reading is downloaded by the previous Account Holder, for their own keeping. We do not send it to the School. The School obtains nothing about the Student’s earlier use by virtue of providing a new account.

A10.3 Where a family asks that their Student not use the School Account, we refer them to the School. The School decides, and we act on the School’s instruction — including to not provision a Student, or to close that Student’s School Account.

A11. When the School relationship ends

A11.1 If the School stops providing the Service, or a Student leaves the School, that Student’s School Account closes.

A11.2 Before it closes, we give the School notice and the opportunity to download a record of each affected Student’s reading — a summary of cumulative statistics. The School decides what to pass on to its families.

A11.3 Student Data is then handled under A4.5: deleted or returned in accordance with the School’s instruction and any signed agreement, or under the retention periods in our privacy documents where the School gives no instruction.

A11.4 The account does not convert into a paid account, and no family is billed. A family who wants the Student to carry on reading may open a Family Account under Schedule B at the prices then in effect. That is a new account. It carries none of the School Account’s reading history or recordings.

A12. Public bodies

A12.1 Where the School is a public body, the indemnity in Core Terms section 10 does not apply to the extent its jurisdiction prohibits it from giving an indemnity.

A12.2 Governing law and venue for public bodies are set out in Schedule E, sections E2.2 (Canada) and E3.3 (United States).

Schedule B — Family Accounts

This Schedule applies when a parent or legal guardian creates a Rally Reader account and pays for it themselves. In this Schedule, that person is the “Family Member” and is the Account Holder.

Where this Schedule differs from the Core Terms, this Schedule governs.

B1. Who holds the account

B1.1 You must be 18 or older, and the parent or legal guardian of the child who will read. You hold the account. The child reads under it.

B1.2 A child cannot create an account, and cannot hold one. A child profile inside your account is not a separate account.

B1.3 You are responsible for what happens on your account, including use by your child. Keep your credentials where your child cannot reach them.

B1.4 A Family Account holds up to five family members. Each member is either a parent or a child. You choose the mix: two parents and three children, one parent and four children, and so on, up to five in total.

B1.5 Only a parent can add a family member. A child member cannot add anyone. This means a child cannot give another person access to the account or to their own reading information.

B1.6 What every parent member can do. Any parent member can:

see the reading information of the children on the account — time spent reading, books read, progress over time;
play back a child’s voice recordings;
buy books and recommend books.

B1.7 What only you can do. As the person who opened the account, you alone can delete family members and remove their access. An invited parent member cannot. If you invite someone, you can also remove them; they cannot remove you.

B1.8 Before you invite someone, know what you are giving them. A parent member you add can listen to recordings of your child reading aloud. That is the most personal information in the account. Invite only an adult you would be content to have that access.

B1.9 Each child member has their own reading level, library and history.

B2. What we collect, in short

B2.1 The full description is in our Services Privacy Policy, our Children’s Privacy Policy and — if you are in Canada — our Canadian Privacy Statement. In summary, for each child profile we collect a first name, last name, age in years, grade, an optional reading level, an optional avatar, and the reading activity the child generates.

B2.2 Why we ask for an age. We use it for one purpose: to know how old the child is. Several privacy and child-protection rules apply differently depending on a child’s age, and we cannot apply the right rule to the right child without knowing their age. We do not use it for any other purpose. A Family Account created inside the application asks for an age in years. A Sponsored Program registration, which is a different kind of account and is dealt with in Schedule C, asks for a date of birth instead.

B2.3 We do not send email, text messages or in-app messages to a child. All communication from us goes to you.

B3. Reading recordings

B3.1 The Service works by listening to a child read aloud. A Reading Recording is the audio of the child reading, together with the synchronized capture of the book page, word highlighting and interface elements.

B3.2 Recording is off until it is turned on. Microphone access must be granted on the device, and the Service must be given permission to record.

B3.3 You can turn recording off at any time in the app’s settings. Turning it off stops new recordings. It does not delete recordings already made; you can delete those separately.

B3.4 Reading Recordings are used to give the child feedback on their reading, to show you their progress, and to operate the Service. Reading Recordings, like all personal information, are not used to train, refine, fine-tune or evaluate any artificial intelligence or machine learning model.

B3.5 Reading Recordings never leave your account. If your child later receives a School Account or a Sponsored Program Account, recordings made here do not transfer. They stay with this account and are deleted with it. See Core Terms section 6.5.

B3.6 See Schedule E, Part 1, for who must grant recording permission if you are in Quebec.

B4. Purchases

B4.1 A Family Account can purchase Book Credits and other items inside the application. Purchases are made through the Apple App Store or Google Play and are governed by Schedule D and by that store’s terms.

B4.2 Purchases are made by you. Keep store credentials and payment methods away from your child, and use the parental controls your device offers.

B4.3 We do not store payment card or bank account information. Payment is handled by the application store or payment processor.

B4.4 Prices are shown in the application before purchase. Book Credits do not expire while the account is active.

B4.5 Refunds for application store purchases are handled by the application store under its own policy. We can ask the store to consider a refund, but we cannot issue one ourselves.

B4.6 Where we offer a subscription, its price, billing period and renewal terms are shown before you subscribe. A subscription renews automatically until canceled. You cancel through the application store, and cancellation takes effect at the end of the current billing period.

B5. Your controls

B5.1 At any time, from the account settings, you can:

see what we hold for each child profile;
correct it;
delete an individual Reading Recording, or all of them;
export a summary of your child’s reading (see B5.2);
delete a child profile;
close the account.

B5.2 What “export” means. The export is a summary of cumulative statistics — time spent reading, books read, titles completed, reading level over time. It is a readable record for you to keep. It is not a file that can be imported into another Rally Reader account or into another company’s product, and it does not contain Reading Recordings.

B5.3 Deleting a child profile removes that profile and its reading history and recordings from our live systems immediately. Backups follow a fixed cycle (point-in-time recovery for 7 days, daily backups retained 30 days, weekly backups retained 98 days) and are immutable, so deleted information persists in backups until the cycle expires.

B5.4 Closing the account does not cancel a subscription bought through an application store; cancel it in the store’s account settings (see B4.6). Unused Book Credits are forfeited on closure unless the law where you live says otherwise.

B6. How long we keep information

B6.1 While your account is active, we keep the information needed to run it.

B6.2 After your relationship with us ends, we keep information for a minimum of 90 days and up to 12 months, and delete it at 12 months as standard. We keep it that long so that an account can be recovered if closure was a mistake, and so that we can meet legal, tax and security obligations.

B6.3 If you ask us to delete sooner, we will. Deletion from live systems is immediate; backups follow B5.3.

B7. If a school later provides Rally Reader to your child

B7.1 This can happen. A school or school board may decide to provide Rally Reader to its students, including your child.

B7.2 We will tell you before anything about your account changes. The school’s account for your child is set up and working first, so that your child is never without the app. Then we contact you.

B7.3 What you control. This account is yours. You can:

Download a record of your child’s reading and close this account. Nothing moves.
Keep this account and carry on as you are now.

Whether your child uses the school’s account is the school’s decision, made under its own authority, and the school may make it without asking each family. If you would rather your child did not use Rally Reader at school, that is a matter for the school (see Schedule A, section A10.3).

You are paying for this account, so it does not wind down when a school account appears. The 90-day wind-down in Schedule C applies to accounts funded by a sponsor, where the funding has moved to the school. It does not apply to you.

B7.4 Recordings never transfer. Reading Recordings made under this account never transfer to a school account, whatever you decide about this account.

B7.5 Your child’s reading history is not sent to the school. The record in B7.3 is downloaded by you, for you.

B7.6 You can always download and delete. The right to download a record of your child’s reading and to delete this account is available at any time, whatever else is happening.

B7.7 If the school later stops providing the Service, or your child leaves that school, the school account closes. A Family Account under this Schedule is a separate account you open yourself; it does not carry the school account’s reading history or recordings.

B7.8 A sponsored account cannot become a Family Account. Where a child has been reading under a sponsored program, that account has no upgrade path. A Family Account opened afterwards is a new account and carries nothing across from it.

B8. Changes, suspension and closure

B8.1 You can close the account at any time from settings.

B8.2 We may suspend or close an account for the reasons in Core Terms section 7.3. Where we close an account other than for unlawful use or a risk to a child, we will give you notice and an opportunity to export first.

B8.3 If we discontinue the Service, we will give reasonable notice, stop charging, and make the export available before access ends.

B9. Consumer rights

B9.1 Nothing in these Terms removes a right you have under the consumer protection law of the place where you live.

B9.2 If you are in Quebec, Schedule E, Parts 1 and 2 apply to you, and the arbitration provisions in Part 3 do not.

B9.3 If you are elsewhere in Canada, Schedule E, Part 2 applies. If you are in the United States, Schedule E, Part 3 applies.

Schedule C — Sponsored Program Accounts

This Schedule applies when a parent or legal guardian registers a child for Rally Reader under a program funded by a government body, foundation, corporation or other third party, and the family pays nothing.

In this Schedule, the parent or guardian is the “Family Member” and is the Account Holder. The funder is the “Sponsor”. Current programs include New Brunswick, Scarborough (Ontario) and New Mexico.

The Sponsor, named. Sponsors differ by program. In New Mexico the Sponsor is the New Mexico Public Education Department, a state agency. For programs in Canada, the Sponsor is The Rally Reader Education Fund of Canada, which supports reading through grants from philanthropic Canadian corporations and foundations that support education, and that believe Canada benefits when students read more, with fewer barriers.

The Rally Reader Education Fund of Canada is independently administered by The Veritas Foundation / La Fondation Veritas (CRA registration number 732323126 RR0001).

Where a Sponsor is a public body, as the New Mexico Public Education Department is, information it holds may be subject to that jurisdiction’s public records law. What a Sponsor receives is limited by C3 in every case.

Where this Schedule differs from the Core Terms, this Schedule governs.

C1. What a Sponsored Program Account is

C1.0 Why this arrangement exists. The program puts current, first-run books in a child’s hands and helps them read: choice of what to read, help the moment they get stuck, and visible progress. Providing books of that quality costs real money, and a Sponsor carries that cost so that it falls on no family. Schools are the most durable way to reach a child, but bringing new technology into a school takes time. The program is offered directly to families so that a child can start reading sooner, and a parent can claim it without waiting for their school. The provisions in C5 follow from that arrangement rather than from anything a parent does or fails to do.

C1.1 A Sponsor pays for your child’s access. You are not charged, and you give us no payment information.

C1.2 There is no in-application purchasing in a Sponsored Program Account, and there never will be. Book Credits cannot be bought, no purchasing screen exists, and your child cannot spend money in the app. This account cannot be upgraded or converted into a paying account — not by you, not by us, not at any point.

C1.3 You hold the account. The Sponsor does not hold it, does not control it, and cannot make decisions about your child’s account on your behalf, other than where its funding goes (see C5 and C7).

C1.3.1 A Sponsored Program Account holds up to five family members, each either a parent or a child, and only a parent can add a member. This works as described in Schedule B, sections B1.4 to B1.9, except that nothing can be bought in a Sponsored Program Account (see C1.2).

C1.4 Access lasts for as long as the Sponsor funds the program. C7 explains what happens when funding ends.

C2. Eligibility and registration

C2.1 Eligibility is set by the Sponsor, not by Rally Reader. Programs are generally open to students from kindergarten through grade 12 who live in the geography the Sponsor has designated and attend school there. Each program’s own page states the designated geography.

C2.1.1 We may confirm eligibility with the school named at registration before access is granted. Where a child is not eligible, we tell the person who registered and do not retain what they gave us.

C2.2 You must have reached the age of majority where you live and be the parent or legal guardian of the child you are registering.

C2.3 At registration we collect your first name and an email address or phone number, and for each child a first name, last name, date of birth, school and grade.

C2.4 Why we ask for a date of birth. We use it for one purpose: to know how old the child is. Several privacy and child-protection rules apply differently depending on a child’s age, and we cannot apply the right rule to the right child without knowing their age. We do not use a date of birth for any other purpose.

C2A. How we contact you

This section applies where you give us an email address or a mobile number when registering for a sponsored program. Programs using these terms today include Rally Reader New Mexico, New Brunswick and Scarborough.

C2A.1 Three kinds of message, treated differently.

Service messages like a one-time code to verify your contact details, confirming an account or an enrollment or for something we need from you. These messages cannot be turned off as they are part of running your account.
Important notices like a change to these Terms or our privacy documents, a significant change to the Service or something that affects your account. These messages cannot be turned off as the law and these Terms require us to tell you.
Reading and product messages such as ideas for encouraging your child to read, new books they might like, tips on getting more out of Rally Reader, or news about what we have built. These messages can be turned off at any time.

C2A.2 By email, reading and product messages are on by default. Every one carries a one-click way to stop them, and stopping them affects nothing else — not your child’s account, not your place in the program.

C2A.3 By text, reading and product messages are off unless you ask for them. Consent to them is never a condition of enrolling. We will not refuse a registration, delay it, or treat a family differently because they did not want them.

C2A.4 Reply STOP to any text and we will stop sending you text messages. Reply HELP for help. Stopping texts does not affect your child’s account or your place in the program; where we still need to reach you, we will use email if you have given us an address.

C2A.5 Your mobile carrier may charge you for messages, at its standard rates. Mobile carriers are not liable for delayed or undelivered messages.

C2A.6 We never email or text a child, and we do not use a contact detail for anyone else’s marketing.

C2A.7 How we handle your contact details is described in our privacy documents, and in the Canadian Privacy Statement if you are in Canada.

C2A.8 If you are in Canada, Schedule E section E2.7 explains which of these messages are commercial electronic messages under Canada’s Anti-Spam Legislation and what consent we rely on.

C3. What the Sponsor receives

C3.1 The Sponsor does not receive your child’s Reading Recordings. Ever, and under no arrangement.

C3.2 The Sponsor receives program reporting: how many children are registered, how many are active, aggregate reading minutes, aggregate books read, and similar program-level measures. Reporting may be broken into sub-totals — by grade, school district, region or reporting period.

C3.3 No reporting to a Sponsor identifies a Student. The Sponsor does not receive a Student’s name or any other identifier, and does not receive any figure about an individual Student. This applies to every current program and to any future one.

C3.3.1 Small-group suppression. A sub-total can describe a group small enough that it identifies the children in it. Where a reporting group contains fewer than 10 Students, we do not report that group separately; we combine it with a larger group. This applies to every dimension we report on and to combinations of them, including a grade within a single school district.

C3.4 We do not give the Sponsor your child’s Reading Recordings, the text of anything your child has read aloud, or any assessment of your child.

C3.5 The Sponsor is bound by written agreement to use what it receives only to administer and evaluate the program.

C4. Recordings, and the rest of the account

C4.1 Reading Recordings work as described in Schedule B, sections B3.1 to B3.4, and those provisions apply to this Schedule in full.

C4.2 Reading Recordings never leave this account. They do not go to the Sponsor. They do not transfer to a school account. They stay with this account and are deleted with it.

C4.3 Your controls are the same as in Schedule B, section B5: see, correct, delete individual recordings or all of them, export a summary of reading, delete a child profile, close the account.

C4.4 Retention is as described in Schedule B, section B6.

C4.5 See Schedule E, Part 1, for who must grant recording permission if you are in Quebec.

C5. If your child’s school takes up Rally Reader

C5.1 What the Sponsor is funding. The Sponsor pays for the Student to have a year of reading on Rally Reader, books included. It is funding the child’s reading, not a particular account.

C5.2 When the Student’s school adopts Rally Reader. If the Student’s school decides to use Rally Reader, the Sponsor directs its support for that Student to the school, and the school provides the Service from then on. The same Sponsor continues to pay for the Student to read. The reading carries on. The account it happens in changes.

C5.3 We will tell you before it happens. The school’s account for your child is set up and working first, so that your child is never without the Service. Then we write to you, explaining what is changing and what you can do.

C5.4 What happens to this account. Once your child has a school account, this account begins to wind down, on a fixed schedule:

What happens to this account. Once your child has a school account, this account begins to wind down, on a fixed schedule, discussed below:
Immediately, no new books can be downloaded. Books already downloaded stay available.
For the next 90 days, your child can keep reading the books they already have, in this account.
After 90 days, reading in this account ends. The account becomes dormant.

This schedule runs whether or not you reply to us. It is not a penalty for not answering; it is what happens because the funding for your child has moved to the school account.

C5.5 What you can do. At any point during those 90 days, and afterwards, you can:

Download a record of your child’s reading. A summary of cumulative statistics — time spent reading, books read, titles completed, reading level over time. It is yours to keep.
Close this account.
Start your child in their school account.

C5.6 What you decide, and what the school decides. This account is yours: nobody else can download your child’s record or close this account.

The school account is the school’s. A School may decide to use Rally Reader with its students under its own authority, as it does with other classroom tools, and it may do so without asking each family individually. If you would rather your child did not use Rally Reader at school, that is a matter for the School, and we act on the School’s instruction.

C5.7 If the Student does not end up using the school account. Whatever the reason, the consequence is as follows.

The Sponsor’s support for the Student now sits with the school. There is no separate funded place to fall back on, so when the 90 days in C5.4 end, the Student’s access through the program stops. The rights in C5.5 and C5.10 are unaffected: the reading record can still be downloaded and the account deleted, at any time.

A paid Family Account under Schedule B remains available, at the prices then in effect — as a new account, opened by you. See C5.11.

C5.8 Reading Recordings never transfer. Recordings made in this account do not move to a school account under any circumstances. They stay here and are deleted with this account.

C5.9 Your child’s reading history is not passed to the school. The record in C5.5 is downloaded by you, for you. We do not send it to the school.

C5.10 You can always download and delete. The right to download a record of your child’s reading and to delete this account is not limited to the wind-down period, and does not depend on anything else. It is available for as long as we hold the account. Dormant does not mean deleted: a dormant account is kept for at least 90 days and, as standard, deleted at 12 months, so download your child’s record before then.

C5.11 A paid account is a new account, not a continuation of this one.

A Sponsored Program Account can never become a paying account. There is no upgrade path and no conversion. If you want a paid Rally Reader account, you open one — following the instructions we will give you — and what you get is a brand-new account.

It carries nothing across from this one. Not your child’s reading history, not their recordings, not their reading level, not their settings, not their library. The two accounts are unrelated, and information does not pass from one to the other.

The record you download under C5.5 is yours to keep. It cannot be imported into the new account, or into any other Rally Reader account, or into another company’s product.

C6. Sponsored Program Accounts in New Mexico

C6.1 The rules are the same. Sections C1 to C5 and C7 to C9 apply to New Mexico accounts as they apply to any other Sponsored Program Account: the Sponsor funds the Student’s reading, funding moves to the school if the school takes Rally Reader up, reading recordings never transfer, reading history is downloaded by the Account Holder rather than sent to the school, and the right to download and delete is always available.

C6.2 What is different is how we reach you, and it depends on when you registered.

If you registered before the date the Rally Reader New Mexico program terms were first published on the New Mexico program website, you accepted an earlier version of our Terms. Those Terms did not describe what happens when a school takes over a sponsor-funded account. We therefore do not treat them as your agreement to that change, and C6.3 applies to you.

If you registered after those terms were published, they describe the change, and section C5 applies to you in the ordinary way.

C6.3 For those who registered earlier, we ask rather than notify. Where such a Student’s school takes up Rally Reader:

The school’s account is set up and working first, as it is everywhere else.
We contact you separately and explain the change, including what it means for this account and what your choices are. This is a request for your agreement, not a notice of something you have already accepted.
Nothing about this account changes until you have been reached and have answered. The wind-down in C5.4 does not begin on the date the school account is created. It begins only after we have delivered the explanation to you and you have answered.
If we cannot reach you, we will keep trying through the contact details you gave at registration before any change takes effect.

C6.4 Your choices are the same as in C5.5, and C5.6 applies.

C6.5 Accepting the current Terms. You may be asked to accept the current version of these Terms and this Schedule at the same time. You are not required to accept them in order to exercise the rights in C5.5 — downloading a record of your child’s reading and closing the account are available to you either way.

C7. When Sponsor funding ends for another reason

C7.1 Funding may end without a school taking over — the program may close, its term may expire, or your child may cease to be eligible.

C7.2 We will tell you before access changes, and give you the date.

C7.3 Your child’s account cannot become a paying account. There is no upgrade and no conversion, and no purchasing screen ever appears. Your child will never be moved into an account where books cost money.

C7.4 The same wind-down applies as in C5.4: no new books can be downloaded, your child can keep reading the books they already have for 90 days, and after that the account becomes dormant.

C7.5 At any point during those 90 days, and afterwards, you can download a record of your child’s reading and close the account. You may also open a paid Family Account under Schedule B at the prices then in effect — a new account, subject to C5.11.

C7.6 If you do nothing, the account becomes dormant at the end of the 90 days. Dormant does not mean deleted, and the download stays available to you.

C8. The Sponsor’s role and limits

C8.1 The Sponsor funds access. It does not direct how we handle your child’s personal information, and it cannot instruct us to disclose your child’s information beyond what C3 describes.

C8.2 The Sponsor cannot close your account, change its settings, or access your child’s profile.

C8.3 If a Sponsor asks us for something this Schedule does not permit, we will say no.

C9. Consumer rights

C9.1 Nothing in these Terms removes a right you have under the consumer protection law of the place where you live.

C9.2 If you are in Quebec, Schedule E, Parts 1 and 2 apply to you, and the arbitration provisions in Part 3 do not.

C9.3 If you are elsewhere in Canada, Schedule E, Part 2 applies. If you are in the United States, Schedule E, Part 3 applies.

Schedule D — App Store Terms

This Schedule applies to everyone who obtained the Rally Reader application from the Apple App Store or from Google Play. It applies in addition to the Schedule for your account type.

Part 1 — Apple App Store

Where you obtained the application from the Apple App Store, the following apply.

D1.1 This agreement is with us, not Apple. These Terms are between you and Rally Reader, Inc. only. Apple is not a party to them, and Apple is not responsible for the application or its content. Nothing in these Terms is intended to conflict with the Apple Media Services Terms and Conditions; where a conflict arises in relation to the application obtained from the App Store, the Apple Media Services Terms and Conditions govern that conflict.

D1.2 License scope. The license granted in Core Terms section 3.1 is a non-transferable license to use the application on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including sharing through Family Sharing where Apple permits it.

D1.3 Maintenance and support. Rally Reader is solely responsible for maintenance and support of the application. Apple has no obligation to provide any maintenance or support.

D1.4 Warranty. If the application fails to conform to any warranty we give, you may notify Apple and Apple will refund the purchase price of the application, if any. To the maximum extent permitted by law, Apple has no other warranty obligation. Any other claim, loss, liability, damage, cost or expense attributable to a failure to conform to a warranty is our responsibility.

D1.5 Product claims. Rally Reader, not Apple, is responsible for addressing any claim by you or a third party relating to the application or your possession or use of it, including product liability claims, claims that the application fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar legislation, including in connection with the application’s use of the HealthKit and HomeKit frameworks where applicable.

D1.6 Intellectual property claims. If a third party claims that the application or your use of it infringes that party’s intellectual property rights, Rally Reader, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.

D1.7 Legal compliance. You represent that you are not located in a country subject to a United States Government embargo or designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.

D1.8 Contact. Rally Reader, Inc., 265 Cambridge Ave #60459, Palo Alto, CA 94306. Questions, complaints and claims about the application go to hello@rallyreader.com.

D1.9 Third-party terms. You must comply with applicable third-party terms of agreement when using the application.

D1.10 Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of this Part 1 and, upon your acceptance of these Terms, have the right to enforce it against you as a third-party beneficiary.

Part 2 — Google Play

Where you obtained the application from Google Play, the following apply.

D2.1 This agreement is with us, not Google. These Terms are between you and Rally Reader, Inc. only. Google is not a party to them and is not responsible for the application or its content.

D2.2 License scope. The license granted in Core Terms section 3.1 is subject to the Google Play Terms of Service, including the rules that govern devices and sharing.

D2.3 Maintenance and support. Rally Reader is solely responsible for maintenance and support. Google has no such obligation.

D2.4 Refunds. Refunds for purchases made through Google Play are governed by the Google Play refund policy. We can ask Google to consider a refund, but we cannot issue one ourselves.

Part 3 — Purchases through an application store

D3.1 Where purchases are available. In-application purchasing is available in Family Accounts only. It is not present in School Accounts or Sponsored Program Accounts.

D3.2 Payment. Purchases are processed by the application store under its own terms. We do not receive or store payment card or bank account information.

D3.3 Refunds. Refunds are handled by the application store under its own policy.

D3.4 Subscriptions. Where we offer a subscription, it renews automatically through the application store until canceled. Cancellation is done in the application store’s account settings and takes effect at the end of the current billing period. Deleting the application does not cancel a subscription.

D3.5 Parental controls. Purchases are made under an adult’s store credentials. Use the parental controls your device and store offer. See Schedule B, section B4.2.

Schedule E — Jurisdiction-Specific Provisions

This Schedule applies according to where you live, or where your institution operates. It ranks above the Core Terms and above Schedules A, B, C and D. Where it differs from them, this Schedule governs.

Find your part:

If you are in Quebec, read Part 1, then Part 2.
If you are elsewhere in Canada, read Part 2.
If you are in the United States, read Part 3.
If you are anywhere else, read Part 4 — the Service is not offered to you.

Part 1 — Quebec

E1.1 Governing law and forum

The law of Quebec applies to your use of the Service. Proceedings may be brought in the courts of Quebec, and nothing in these Terms requires you to bring a claim anywhere else.

E1.2 Arbitration does not apply

The arbitration provisions in Part 3 do not apply to you. Under the Consumer Protection Act (Quebec), a consumer contract may not require a consumer to submit a dispute to arbitration or to renounce a right to bring an action before a Quebec court. We do not ask you to do either.

You may bring a claim before the courts of Quebec, including as part of a class action.

E1.3 Consumer protection

Nothing in these Terms limits or excludes a right you have under the Consumer Protection Act (Quebec). Where a provision of these Terms conflicts with that Act, the Act prevails and that provision does not apply to you.

The limitation of liability in Core Terms section 9 and the disclaimers in section 8 apply only to the extent that Act permits.

E1.4 Who grants recording permission

Where the child is under 14, permission to make Reading Recordings must be granted by the parent or guardian, not by the child. This follows section 4.1 of the Act respecting the protection of personal information in the private sector, as amended by Law 25.

Where we stand today. At present, recording can be turned on from a child’s profile without a parent’s involvement, including for a child under 14 in Quebec. We hold age information for the child, but the application does not yet use it to require a parent’s permission. Until it does, Rally Reader does not conform to section 4.1 for a Quebec child under 14. We will tell Quebec Schools and Quebec Account Holders when the application requires a parent’s permission for this.

E1.5 Sensitive information

Reading Recordings capture a child’s voice. We treat them as sensitive personal information. Recording is off by default and is turned on separately from the decision to use the Service; E1.4 explains who can currently turn it on for a child under 14.

E1.6 Information outside Quebec

Before communicating personal information outside Quebec, we conduct a privacy impact assessment as required by section 17 of the Act.

Personal information for Canadian accounts is stored in Canada, including in regions outside Quebec (see E2.6). Authorized personnel elsewhere in Canada, in the United States and in Europe may access it remotely for support purposes. That access is assessed, logged, limited to what the request requires, and subject to written confidentiality obligations.

E1.7 Your rights under Law 25

In addition to the rights in your account Schedule, you may:

ask us to stop disseminating personal information, or to de-index a link, where dissemination contravenes the law or a court order, or where the conditions in section 28.1 of the Act are met;
receive computerized personal information you gave us in a structured, commonly used technological format (portability);
be informed if a decision about you is made exclusively by automated processing, and ask for the reasons and the main factors behind it. Rally Reader does not make decisions about Students by exclusively automated means.

E1.8 Language

You may deal with us in French. A French version of these Terms and their Schedules, and of our Canadian Privacy Statement, is being prepared. The pages for our Canadian programs are published in French.

The Rally Reader application itself is not available in French at this time. The library contains French-language books. The interface, the reading coach and the in-application text are in English.

Vous pouvez communiquer avec nous en français. Une version française des présentes conditions et de leurs annexes, ainsi que de notre Déclaration canadienne de confidentialité, est en préparation. Les pages de nos programmes canadiens sont publiées en français. L’application elle-même n’est pas offerte en français pour le moment.

E1.9 Privacy Lead

Our Privacy Lead is Stouffer Egan, reachable at legal@rallyreader.com.

Part 2 — Canada (all provinces and territories)

E2.1 Governing law and forum

For Canadian Account Holders, the law of the province or territory in which you live, or in which your institution operates, applies, together with the federal laws of Canada that apply in it. Proceedings may be brought in the courts of that province or territory.

This displaces Core Terms section 12.1 and the Delaware governing law and JAMS arbitration provisions in Part 3. Those provisions do not apply to Canadian Account Holders.

E2.2 Public bodies

Where you are a public body — a school board, school district, conseil scolaire, school division or school authority — the law and courts of your own province or territory apply, and no provision of these Terms requires you to submit to a foreign forum or to give an indemnity your governing legislation prohibits.

E2.3 Federal privacy law

We handle personal information in accordance with the Personal Information Protection and Electronic Documents Act and its ten fair information principles. Where Alberta’s Personal Information Protection Act or British Columbia’s Personal Information Protection Act applies instead, we handle it in accordance with that Act.

We report breaches involving a real risk of significant harm to the Office of the Privacy Commissioner of Canada and to affected individuals, and we keep records of breaches, as PIPEDA requires.

E2.4 Public-sector privacy law

Where a School is subject to a provincial public-sector privacy Act, we act as its service provider and support its obligations under that Act. This includes the following provinces and acts:
Ontario: Municipal Freedom of Information and Protection of Privacy Act; Education Act section 266 and the Ontario Student Record Guideline.
British Columbia: Freedom of Information and Protection of Privacy Act.
Alberta: Protection of Privacy Act and Access to Information Act.
New Brunswick: Right to Information and Protection of Privacy Act.
Manitoba: Freedom of Information and Protection of Privacy Act.
Saskatchewan: Local Authority Freedom of Information and Protection of Privacy Act.
Prince Edward Island: Freedom of Information and Protection of Privacy Act.
Newfoundland and Labrador: Access to Information and Protection of Privacy Act, 2015.
Nova Scotia: Personal Information International Disclosure Protection Act — see E2.5.

E2.5 Nova Scotia

Nova Scotia’s Personal Information International Disclosure Protection Act requires a public body and its service providers to store and access personal information in Canada, subject to limited exceptions.

Our storage meets that requirement: Canadian data, logs and backups are in Canada, and no copy is held anywhere else. Our support model does not fully meet it: authorized personnel in the United States and Europe may access information remotely for support purposes, and the Act regulates access as well as storage.

A Nova Scotia School wishing to use Rally Reader may make and document a determination under the Act, or put an arrangement in place with us that addresses access. Contact us and we will work out a path.

E2.6 Where information is stored

Data residency. All personal information for Canadian accounts is stored in Canada. No copy of it is stored, hosted, replicated or backed up in any other country. Canadian personal information is not transferred out of Canada.

Rally Reader runs on three platforms. Amazon Web Services and Google Cloud each have separate Canadian and United States environments; Vercel runs our server-side code in its Montréal region:

A Canadian account’s information stays in the Canadian environment on each platform.

Access is a separate question. Authorized Rally Reader personnel located in Canada, the United States and Europe may access this information for support purposes only. They do so by connecting remotely to the Canadian environment. The information remains stored in Canada throughout: it is displayed to the person handling the request, not moved to another country to be kept or processed there. That access is limited to what the request requires, logged, and subject to written confidentiality obligations. Support work is concentrated on system and account metadata; Reading Content is technically reachable but is rarely needed.

We maintain this distinction operationally. Our support tooling does not export, cache or store Canadian personal information on systems outside Canada. Support tickets, screenshots and debugging extracts are subject to the same rule.

Under PIPEDA, remote access by an employee or service provider outside Canada for processing is a use, not a disclosure, and does not require separate consent. We tell you about it because you should know where your information can be reached from. Nova Scotia’s legislation also regulates where information is accessed from — see E2.5.

E2.7 Commercial electronic messages

We send commercial electronic messages only with consent, as Canada’s Anti-Spam Legislation requires. Every such message identifies us, gives our contact information, and carries an unsubscribe mechanism that works for at least 60 days and is acted on within 10 business days.

The consent we rely on. Where you have entered into an agreement with us — by opening an account or enrolling in a program — that agreement is an existing business relationship, and it gives us implied consent to send you reading and product messages. That implied consent lasts while your account is open and for two years after it ends. Where you have given us express consent, it does not expire until you withdraw it.

A text message promoting the Service is a commercial electronic message, including a message about a child’s reading progress. We obtain express consent for those separately, never bundled with acceptance of these Terms, and never as a condition of enrolling. A one-time verification code, a message about the status of an enrollment, and a notice of a change to these Terms are not commercial electronic messages. See Schedule C, section C2A.

We do not send commercial electronic messages to Students.

E2.8 Consumer protection

Nothing in these Terms removes a right you have under the consumer protection law of your province or territory.

E2.9 Canadian Privacy Statement

Our Canadian Privacy Statement describes our handling of personal information in Canada, including where we conform to a standard and where we do not. It applies to Canadian Account Holders in addition to the privacy documents listed in Core Terms section 5.1, and prevails over them where it differs.

Part 3 — United States

E3.1 Governing law and forum

The law of the State of Delaware applies, without regard to its conflict of laws rules. This Part applies only to Account Holders in the United States.

E3.2 Dispute resolution

Disputes are resolved by binding arbitration administered by JAMS under its rules, before a single arbitrator.

Where arbitration takes place depends on who you are:

Where arbitration takes place depends on who you are:
If you are an individual — a parent or guardian holding a Family Account or a Sponsored Program Account, the venue is the county where you live, or any other place you and we agree.
If you are a School, district or other institution, the venue is Wilmington, Delaware.
Either party may bring an individual claim in small claims court instead.

You can opt out of arbitration. Within 30 days of first accepting these Terms, you may notify us at legal@rallyreader.com that you do not agree to arbitrate. Opting out affects nothing else in these Terms, and we will not treat you differently for having done so.

Fees. For a claim brought by an individual, you pay no more than the filing fee JAMS sets for consumers under its Consumer Arbitration Minimum Standards, and we pay the remainder of the arbitration fees.

Claims are brought individually. Class actions and class arbitrations are waived to the extent permitted by law. Neither party may bring a claim as a representative or member of a class, and the arbitrator may not consolidate claims or preside over a class proceeding.

California public injunctive relief. The waiver above does not apply to a claim for public injunctive relief. Such a claim may be brought in court, and any other claim is stayed while it proceeds.

If the class waiver is not enforced. Where a court or arbitrator holds the waiver in this Section unenforceable as to a particular claim, that claim is severed from arbitration and proceeds in court. The remainder of this Section continues to apply to every other claim. A class proceeding is never conducted in arbitration.

Claims filed in bulk. Where 25 or more claims of a similar nature are filed against us by or with the assistance of the same law firm or coordinated group within a 90-day period, those claims are administered in batches of no more than 50. Each batch is assigned to a single arbitrator, proceeds as one case for fee purposes, and is resolved before the next batch begins. The parties will cooperate with JAMS to implement this, and any limitation period is tolled for claims awaiting their batch.

E3.3 Public bodies

Where the Account Holder is a public school district or other public body, and its governing law prohibits arbitration, a foreign forum, a choice of another state’s law, or the giving of an indemnity, those provisions do not apply and the law and courts of the Account Holder’s own state apply instead.

E3.4 Student privacy law

For School Accounts in the United States, we act as a school official with a legitimate educational interest under the Family Educational Rights and Privacy Act, under the direct control of the School with respect to education records.

We comply with the Children’s Online Privacy Protection Act. In School Accounts, the School may provide consent on behalf of parents for the collection of personal information from children under 13, for the educational purposes of the School. In Family and Sponsored Program Accounts, the parent or guardian holds the account and provides consent directly.

We comply with the Protection of Pupil Rights Amendment and with state student data privacy laws, including California’s Student Online Personal Information Protection Act, New York Education Law section 2-d, Illinois’ Student Online Personal Protection Act, and the Colorado, Connecticut and Virginia student data statutes.

E3.5 Notice of electronic access

See Core Terms section 5.5 (Ohio and Minnesota).

E3.6 State consumer privacy law

Where a state comprehensive privacy law applies, residents of that state have the rights it gives them. In the Rally Reader application, we do not sell personal information and do not share it for cross-context behavioral advertising, as those terms are defined in the California Consumer Privacy Act as amended. Our websites are different: they use marketing cookies, described in our Cookie Policy, which are off until you turn them on and which you can switch off at any time. Our websites honor the Global Privacy Control signal as a request to opt out of the sale or sharing of personal information.

Part 4 — Outside Canada and the United States

E4.1 The Service is offered in Canada and the United States only

Rally Reader is not offered outside Canada and the United States. We do not market or sell the Service elsewhere, and accounts are intended for people and institutions in those two countries.

If you are outside Canada and the United States, the Service is not offered to you. Where we become aware that an account is held from outside those countries, we may close it after giving notice and an opportunity to download a record of the Student’s reading.

Nothing in this Part removes a right you have under the mandatory law of the country you are in.

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