Customer Terms and Conditions
Super Sized Incorporated dba Literacy Path
Last Modified: April 2, 2026 Effective Date: Upon the earliest of: (a) issuance of a purchase order or executed order form;
(b) payment for any Product; (c) access to or use of any Product; or (d) acceptance of these Terms.
1. SCOPE
These Customer Terms and Conditions, together with any addenda, attachments, order forms, and the applicable Quote (collectively, the “Agreement”), constitute the complete agreement between Super Sized Incorporated dba Literacy Path (“Literacy Path,” “we,” “us,” or “our”) and the educational entity identified in the applicable Quote or order form (“Customer,” “you,” or “your”). Customer may be a school district, school, charter network, regional education service center, or other educational organization. In the event of any conflict between these Terms and any Customer purchase order or similar document, these Terms shall control.
2. AGREEMENT ACCEPTANCE
By accepting this Agreement, Customer warrants that:
- The individual accepting is of legal age and has the authority to bind Customer to these Terms;
- Customer has the authority to access and use the Products as described herein; and
- Customer and all Authorized School Users will comply with the Acceptable Use Policy available at literacypath.io/acceptable-use.
3. DEFINITIONS
- “Products” means the Literacy Path platform, including all software, content, activities, assessments, instructional materials, reports, and related services provided by Literacy Path under this Agreement.
- “Authorized School User” means (a) K–12 students registered with Customer and (b) educators, administrators, and staff whom Customer authorizes to access the Products while employed by or registered with Customer.
- “Quote” means the order form, proposal, or pricing document provided by Literacy Path specifying the Products, fees, term, and other commercial details.
- “Student Data” means information directly relating to an identifiable student that is collected, received, or generated through the use of the Products.
- “Customer Materials” means any data, information, content, or materials provided by Customer to Literacy Path or collected by Literacy Path on Customer’s behalf.
- “IP Rights” means all intellectual property rights, including rights under patent, trademark, copyright, trade secret, and other proprietary rights laws worldwide.
4. LICENSE
These Customer Terms and Conditions, together with any addenda, attachments, order forms, and the applicable Quote (collectively, the “Agreement”), constitute the complete agreement between Super Sized Incorporated dba Literacy Path (“Literacy Path,” “we,” “us,” or “our”) and the educational entity identified in the aLiteracy Path grants Customer a non-exclusive, non-transferable, non-sublicensable license to access and use the Products solely for non-commercial instructional and administrative purposes during the term specified in the applicable Quote.
Each Authorized School User must comply with the Acceptable Use Policy. Literacy Path reserves the right to suspend or terminate access for any user who violates the Acceptable Use Policy or any provision of this Agreement.
pplicable Quote or order form (“Customer,” “you,” or “your”). Customer may be a school district, school, charter network, regional education service center, or other educational organization. In the event of any conflict between these Terms and any Customer purchase order or similar document, these Terms shall control.
5. RESTRICTIONS
Customer’s access to and use of the Products is limited to non-commercial instructional and administrative purposes. Customer shall not, and shall not permit any Authorized School User or third party to:
(a) Copy, modify, translate, distribute, or create derivative works based on the Products or any portion thereof;
(b) Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Products;
(c) Develop any product or service that is functionally similar to the Products;
(d) Remove, modify, or obscure any copyright, trademark, or other proprietary notices contained in the Products;
(e) Rent, lease, lend, sell, or otherwise make the Products available to any third party;
(f) Circumvent or attempt to circumvent any security measures, access controls, or digital rights management features of the Products;
(g) Use any content from the Products, including but not limited to text, images, assessments, passages, questions, or other materials, as input or training material for any machine learning, artificial intelligence, or large language model system; or
(h) Permit any Authorized School User or third party to engage in any of the foregoing activities.
Any works created in violation of these restrictions shall constitute derivative works and are hereby assigned to Literacy Path.
6. RESERVATION OF RIGHTS
The Products are licensed, not sold. All rights, title, and interest in and to the Products, including all IP Rights therein, are and shall remain the exclusive property of Literacy Path. Nothing in this Agreement conveys any ownership interest in the Products to Customer.
Customer shall promptly notify Literacy Path of any known or suspected infringement or misappropriation of Literacy Path’s IP Rights and shall cooperate with Literacy Path in the protection and enforcement thereof.
Literacy Path reserves the right to update, modify, or discontinue any Product or feature upon reasonable notice to Customer.
7. PAYMENTS
Customer shall pay the fees specified in the applicable Quote within thirty (30) days of the date of invoice, unless otherwise agreed in writing or unless disputed in good faith in writing within such period.
Customer is responsible for all applicable sales, use, gross receipts, and other taxes arising from this Agreement, excluding taxes based on Literacy Path’s net income. If Customer is tax-exempt, Customer shall provide a current and valid tax exemption certificate prior to the first invoice.
8. ACCOUNT INFORMATION
Access to the Products requires account credentials. Customer and all Authorized School Users must:
(a) Provide accurate and complete account information and promptly update such information as necessary;
(b) Maintain the confidentiality and security of all account credentials, including usernames, passwords, QR codes, and class codes;
(c) Not share account credentials with unauthorized individuals;
(d) Access the Products only through properly authorized accounts; and
(e) Promptly notify Literacy Path of any unauthorized access to or use of any account.
Literacy Path shall not be responsible for any loss or damage arising from unauthorized access to Customer accounts resulting from Customer’s failure to maintain the security of account credentials.
9. CONFIDENTIALITY
In the course of this Agreement, Literacy Path may provide Customer with confidential and proprietary information, including but not limited to software, algorithms, assessment content, research data, product designs, methods, business strategies, and documentation (“Confidential Information”).
Customer agrees to:
(a) Use Confidential Information solely for the purpose of accessing and using the Products in accordance with this Agreement; and
(b) Maintain strict confidentiality of all Confidential Information using at least the same degree of care Customer uses to protect its own confidential information, but in no event less than reasonable care.
The obligations set forth in this section do not apply to information that: (i) is or becomes publicly available through no fault of Customer; (ii) was rightfully known to Customer prior to disclosure; (iii) is independently developed by Customer without use of or reference to Confidential Information; or (iv) is rightfully received from a third party without restriction on disclosure.
10. STUDENT DATA
The parties acknowledge that Literacy Path may collect, receive, or generate Student Data in the course of providing the Products.
- Ownership and Control. Customer owns and controls all Student Data. Literacy Path receives and processes Student Data solely as a “school official” with a legitimate educational interest under FERPA (34 CFR § 99.31) for the purpose of providing the Products.
- Compliance. Both parties shall comply with all applicable federal and state student data privacy laws, including but not limited to the Family Educational Rights and Privacy Act (FERPA), the Children’s Online Privacy Protection Act (COPPA), the Protection of Pupil Rights Amendment (PPRA), and applicable state student data privacy statutes.
- Privacy Policy. The collection, use, and disclosure of Student Data is governed by the Literacy Path Customer Privacy Policy available at literacypath.io/privacy. Literacy Path has executed data privacy agreements aligned with applicable state and national templates, available upon request.
- Customer Responsibility. Customer is responsible for providing any required notices to and obtaining any necessary consents from parents, guardians, and eligible students as required by applicable law. Customer shall make the Privacy Policy available to parents and guardians of Authorized School Users under the age of 13.
- Data Retention and Deletion. Upon termination or expiration of this Agreement, Literacy Path will delete or return Student Data in accordance with the terms of this Agreement and applicable law, unless otherwise required by law to retain such data. Customer may request deletion of Student Data at any time during the term of this Agreement.
11. CUSTOMER MATERIALS AND REQUIREMENTS
Customer warrants that it holds all necessary rights, including consents and IP Rights, in and to all Customer Materials, and that Literacy Path may use such materials as contemplated by this Agreement.
Customer bears sole responsibility for the accuracy, integrity, completeness, quality, legality, and appropriateness of all Customer Materials.
Customer is responsible for meeting all hardware, software, internet connectivity, and other technical requirements necessary to access and use the Products. Current technical requirements are available at literacypath.io/requirements.
12. WARRANTY DISCLAIMER
THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. LITERACY PATH EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER ASSUMES SOLE RESPONSIBILITY FOR SELECTING THE PRODUCTS TO ACHIEVE CUSTOMER’S INTENDED RESULTS AND FOR ALL RESULTS OBTAINED FROM THE USE OF THE PRODUCTS.
LITERACY PATH DOES NOT WARRANT THAT THE PRODUCTS WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR THAT THEY WILL MEET CUSTOMER’S REQUIREMENTS. LITERACY PATH SHALL NOT BE RESPONSIBLE FOR THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, OR SAFETY OF ANY THIRD-PARTY CONTENT OR SOFTWARE ACCESSIBLE THROUGH THE PRODUCTS.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LITERACY PATH BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR COVER DAMAGES, LOST PROFITS, LOST DATA, LOST BUSINESS, OR ANY INDIRECT DAMAGES OF ANY KIND, EVEN IF LITERACY PATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LITERACY PATH’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER FOR THE AFFECTED PRODUCT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
LITERACY PATH SHALL HAVE NO LIABILITY FOR ANY CONSEQUENCES ARISING FROM UNAUTHORIZED USE OF THE PRODUCTS BY AUTHORIZED SCHOOL USERS OR ANY THIRD PARTY IN VIOLATION OF THIS AGREEMENT OR APPLICABLE LAW.
14. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless Literacy Path and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) Customer’s breach of this Agreement;
(b) Customer’s use of the Products in a manner not authorized by this Agreement;
(c) Customer Materials provided by Customer; or
(d) Any violation of applicable law by Customer or any Authorized School User.
15. TERMINATION
Termination for Cause.
Termination for Convenience.
Customer Obligations Upon Termination.
Upon termination or expiration of this Agreement, Customer shall:
(a) Immediately cease all use of the Products;
(b) Ensure that all Authorized School Users cease use of the Products;
(c) Pay all outstanding fees for Products received or accessed prior to termination; and
(d) Forfeit any previously paid fees, unless the applicable Quote provides otherwise.
Student Data.
Survival.
Sections 5 through 16 shall survive termination or expiration of this Agreement.
16. MISCELLANEOUS
Modification
Governing Law.
Binding Effect.
Independent Contractors.
Non-Assignment.
Severability.
Force Majeure.
Literacy Path shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, fire, earthquake, flood, epidemic, pandemic, strikes, civil disturbances, terrorism, governmental action, power or internet outages, or disruptions to third-party services.
Entire Agreement.
Notices.
All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by email with confirmation of receipt, or sent by certified mail, return receipt requested, to the addresses specified in the applicable Quote.
Authority.
Each party represents and warrants that it has the full right, power, and authority to enter into this Agreement and to perform its obligations hereunder.
Super Sized Incorporated dba Literacy Path 1719 Angel Parkway Ste 400-251 Allen, TX 75002
Email: hello@literacypath.io Website: literacypath.io
© 2026 Super Sized Incorporated dba Literacy Path. All rights reserved.