Last Updated: October 14, 2025

Please read these Terms of Service (the “Terms”) and our Privacy Policy (https://kibeam.com/pages/privacy-policy) (“Privacy Policy”) carefully, as they govern your use of the website located at https://kibeam.com/ (the “Site”), all services accessible via the Site and corresponding mobile application (“App”), and any other products or services offered by Kibeam Learning, Inc. (“Kibeam”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND KIBEAM THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms. By using our Services, you agree to be bound by these
Terms. If you don’t agree to be bound by these Terms, please do not use the
Services.

2. Privacy Policy. Please review our Privacy Policy, which also governs your
use of the Services, for information on how we collect, use, and share your
information.

3. Changes to these Terms or the Services. We may update the Terms from
time to time in our sole discretion. If we do, we’ll let you know by posting the
updated Terms on the Site, to the App and/or via other methods of
communication. It’s important that you review the Terms whenever we update
them, or whenever you use the Services. If you continue to use the Services after
we have posted updated Terms, it means that you accept and agree to the
changes. If you don’t agree to be bound by the changes, you may not use the
Services anymore. Because our Services are evolving over time, we may change
or discontinue all or any part of the Services, at any time and without notice, at
our sole discretion.

4. Who May Use the Services? Kibeam provides the Services for children to use
under the supervision of their parents or legal guardians. We do not offer
products or services for sale directly to minors. You may register for the Services
only if you are 18 years or older and capable of forming a binding contract with
Kibeam, and not otherwise barred from using the Services under applicable law.
Children under 13 years old are permitted to use the Services only with the
consent and under the supervision of their parents or legal guardians who have
created an account via the Services. Parents or legal guardians are responsible
for the acts of their children using the Services.
It’s important that you provide us with accurate, complete and current account
information and keep this information up to date. If you don’t, we might have to
suspend or terminate your account. To protect your account, keep your account
details and password confidential, and notify us right away of any unauthorized
use. You are responsible for all activities that occur under your account
including the interaction with the services by any children using your account.

5. Feedback. We appreciate feedback, comments, ideas, proposals, and
suggestions for improvements to the Services (“Feedback”). If you choose to
submit Feedback, you agree that we are free to use it without any restriction,
attribution, or compensation to you. You represent and warrant that you have all
applicable rights in any Feedback that you provide to us, including, without
limitation, intellectual property rights or rights of publicity or privacy.

6. Your Content.

[For individual users of the Kibeam App.]

(a) Posting Content. Our Services may allow users to store content such as text
(in posts or communications with others), files, documents, graphics, images,
music, software, audio, and video. Anything (other than Feedback) that you post
or otherwise make available through the Services is referred to as “User
Content.” Kibeam does not claim any ownership rights in any User Content, and
nothing in these Terms will be deemed to restrict any rights that you may have
to your User Content.

(b) Permissions to Your User Content. By making any User Content available
through the Services you hereby grant to Kibeam a non-exclusive, transferable,
worldwide, royalty-free license, with the right to sublicense, to use, copy,
modify (for formatting purposes only), distribute, publicly display, and publicly
perform your User Content solely in connection with operating and providing
the Services.

(c) Your Responsibility for User Content. You are solely responsible for all your
User Content. You represent and warrant that you have (and will have) all rights
that are necessary to grant us the license rights in your User Content under
these Terms. You represent and warrant that neither your User Content, nor
your use and provision of your User Content to be made available through the
Services, nor any use of your User Content by Kibeam on or through the Services
will infringe, misappropriate or violate a third party’s intellectual property
rights, or rights of publicity or privacy, or result in the violation of any applicable
law or regulation.

(d) Removal of User Content. You can remove your User Content by specifically
deleting it. You should know that in certain instances, some of your User
Content may not be completely removed and copies of your User Content may
continue to exist on the Services. To the maximum extent permitted by law, we
are not responsible or liable for the removal or deletion of (or the failure to
remove or delete) any of your User Content.

(e) Kibeam’s Intellectual Property. We may make available through the
Services content that is subject to intellectual property rights. We retain all
rights to that content.

7. Rights and Terms for Apps.

(a) App License. If you comply with these Terms, Kibeam grants to you a
limited non-exclusive, non-transferable license, with no right to sublicense, to
download and install the App on your personal computers, mobile handsets,
tablets, and/or other devices and to run the App solely for your own personal
non-commercial purposes. Except as expressly permitted in these Terms, you
may not: (i) copy, modify or create derivative works based on the App;
(ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party;
(iii) reverse engineer, decompile or disassemble the App (unless applicable law
permits, despite this limitation); or (iv) make the functionality of the App
available to multiple users through any means.

(b) Additional Information: Apple App Store. This Section 7(b) applies to any
App that you acquire from the Apple App Store or use on an iOS device. Apple
has no obligation to furnish any maintenance and support services with respect
to the App. In the event of any failure of the App to conform to any applicable
warranty, you may notify Apple, and Apple will refund the App purchase price
to you (if applicable) and, to the maximum extent permitted by applicable law,
Apple will have no other warranty obligation whatsoever with respect to the
App. Apple is not responsible for addressing any claims by you or any third
party relating to the App or your possession and use of it, including, but not
limited to: (i) product liability claims; (ii) any claim that the App fails to conform
to any applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation. Apple is not responsible for the
investigation, defense, settlement, and discharge of any third-party claim that
your possession and use of the App infringe that third party's intellectual
property rights. Apple and its subsidiaries are third-party beneficiaries of these
Terms, and upon your acceptance of the Terms, Apple will have the right (and
will be deemed to have accepted the right) to enforce these Terms against you
as a third-party beneficiary thereof. You represent and warrant that (i) you are
not located in a country that is subject to a U.S. Government embargo, or that
has been designated by the U.S. Government as a terrorist-supporting country;
and (ii) you are not listed on any U.S. Government list of prohibited or restricted
parties. You must also comply with any applicable third-party terms of service
when using the App.

8. General Prohibitions and Kibeam’s Enforcement Rights. You agree not to
do any of the following:

(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes,
misappropriates or violates a third party’s patent, copyright, trademark, trade
secret, moral rights or other intellectual property rights, or rights of publicity or
privacy; (ii) violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil liability; (iii) is fraudulent,
false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar
or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or
harm against any individual or group; (vi) is violent or threatening or promotes
violence or actions that are threatening to any person or entity; or (vii) promotes
illegal or harmful activities or substances;

(b) Use, display, mirror or frame the Services or any individual element within
the Services, Kibeam’s name, any Kibeam trademark, logo or other proprietary
information, or the layout and design of any page or form contained on a page,
without Kibeam’s express written consent;

(c) Access, tamper with, decipher, decompile, avoid, bypass, remove,
deactivate, impair, descramble or otherwise circumvent, disassemble or reverse
engineer any of the software used to provide the Services; or attempt to
interfere with or use non-public areas of the Services, Kibeam’s computer
systems, the systems of other Users, or the technical delivery systems of
Kibeam’s providers, including, without limitation, sending a virus, overloading,
flooding, spamming, or mail-bombing the Services;

(d) Attempt to access or search the Services or download content from the
Services using any engine, software, tool, agent, device or mechanism (including
spiders, robots, crawlers, data mining tools or the like) other than the software
and/or search agents provided by Kibeam or other generally available third-
party web browsers;

(e) Send any unsolicited or unauthorized advertising, promotional materials,
email, junk mail, spam, chain letters or other form of solicitation;

(f) Use the Services, or any portion thereof, for any commercial purpose or for
the benefit of any third party or in any manner not permitted by these Terms;

(g) Collect or store any personally identifiable information from the Services
from other users of the Services without their express permission;

(h) Impersonate or misrepresent your affiliation with any person or entity;

(i) Violate any applicable law or regulation; or

(j) Encourage or enable any other individual to do any of the foregoing.

Kibeam is not obligated to monitor access to or use of the Services or to review
or edit any content. However, we have the right to do so for the purpose of
operating the Services, to ensure compliance with these Terms and to comply
with applicable law or other legal requirements. We reserve the right, but are
not obligated, to remove or disable access to any content, including User
Content, at any time and without notice, including, but not limited to, if we, at
our sole discretion, consider it objectionable or in violation of these Terms. We
have the right to investigate violations of these Terms or conduct that affects
the Services. We may also consult and cooperate with law enforcement
authorities to prosecute users who violate the law.

9. Links to Third-Party Websites or Resources. The Services (including the
App) may allow users (other than children) to access third-party websites or
other resources. We provide access only as a convenience and are not
responsible for the content, products or services on or available from those
resources or links displayed on such websites. You acknowledge sole
responsibility for and assume all risk arising from, your use of any third-party
resources.

10. SMS Messaging and Consent. By providing your mobile number and
“opting in,” you consent to receive SMS messages from Kibeam, which may
include one-time passcodes (OTP), order updates, service alerts, or promotional
messages. Message frequency may vary. Standard message and data rates may
apply based on your wireless carrier. You may opt out at any time by replying
STOP to any message. For assistance, contact us at support@kibeam.com.
Delivery of SMS messages depends on mobile carrier availability; Kibeam is not
liable for any delays or failed delivery.

11. Termination. We may suspend or terminate your access to and use of the
Services, including suspending access to or terminating your account, at our sole
discretion, at any time and without notice to you. You may cancel your account
at any time by sending us an email at support@Kibeam.com. Upon any
termination, discontinuation or cancellation of the Services or your account, the
following Sections will survive: 6(a), 6(b), 6(c) (only for payments due and
owing to Kibeam prior to the termination), 8(b), 8(c), 8(e), 9, 13, 14, 15, 16, 17,
and 18.

12. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT
WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE
EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-
INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF
DEALING OR USAGE OF TRADE. We make no warranty that the Services will
meet your requirements or be available on an uninterrupted, secure, or error-
free basis. We make no warranty regarding the quality, accuracy, timeliness,
truthfulness, completeness or reliability of any information or content on the
Services.

13. Indemnity. You will indemnify and hold Kibeam and its officers, directors,
employees, and agents, harmless from and against any claims, disputes,
demands, liabilities, damages, losses, and costs and expenses, including,
without limitation, reasonable legal and accounting fees arising out of or in any
way connected with (a) your access to or use of the Services, (b) your User
Content, or (c) your violation of these Terms.

14. Limitation of Liability.

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER KIBEAM NOR
ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST
PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY,
LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER
DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF
ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR
FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KIBEAM
OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE
APPLICABLE JURISDICTION, IN NO EVENT WILL KIBEAM’S TOTAL LIABILITY
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE
USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU
HAVE PAID OR ARE PAYABLE BY YOU TO KIBEAM FOR USE OF THE
SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY
PAYMENT OBLIGATIONS TO KIBEAM, AS APPLICABLE.

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
KIBEAM AND YOU.

15. Governing Law and Forum Choice. These Terms and any action related
thereto will be governed by the Federal Arbitration Act, federal arbitration law,
and the laws of the State of California, without regard to its conflict of laws
provisions. Except as otherwise expressly set forth in Section 16 “Dispute
Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you
and Kibeam are not required to arbitrate will be the state and federal courts
located in the Northern District of California, and you and Kibeam each waive
any objection to jurisdiction and venue in such courts.

16. Dispute Resolution.

(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim
or controversy arising out of or relating to these Terms or the breach,
termination, enforcement, interpretation or validity thereof or the use of the
Services (collectively, “Disputes”) will be resolved solely by binding, individual
arbitration and not in a class, representative or consolidated action or
proceeding. You and Kibeam agree that the U.S. Federal Arbitration Act governs
the interpretation and enforcement of these Terms, and that you and Kibeam are
each waiving the right to a trial by jury or to participate in a class action. This
arbitration provision shall survive termination of these Terms.

(b) Exceptions. As limited exceptions to Section 16(a) above: (i) we both may
seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each
retain the right to seek injunctive or other equitable relief from a court to
prevent (or enjoin) the infringement or misappropriation of our intellectual
property rights. (iii) For institutional users, the Kibeam Classroom Kit Agreement
supersedes the Terms of Service.

(c) Conducting Arbitration and Arbitration Rules. The arbitration will be
conducted by the American Arbitration Association (“AAA”) under its Consumer
Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these
Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-
7879. A party who wishes to start arbitration must submit a written Demand for
Arbitration to AAA and give notice to the other party as specified in the AAA
Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

Any arbitration hearings will take place in the county (or parish) where you live,
unless we both agree to a different location. The parties agree that the
arbitrator shall have exclusive authority to decide all issues relating to the
interpretation, applicability, enforceability and scope of this arbitration
agreement.

(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees
will be governed by the AAA Rules, and we won’t seek to recover the
administration and arbitrator fees we are responsible for paying, unless the
arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all
of our attorneys’ fees and costs and won’t seek to recover them from you. If you
prevail in arbitration you will be entitled to an award of attorneys’ fees and
expenses to the extent provided under applicable law.

(e) Injunctive and Declaratory Relief. Except as provided in Section 16(b)
above, the arbitrator shall determine all issues of liability on the merits of any
claim asserted by either party and may award declaratory or injunctive relief
only in favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party's individual claim. To the
extent that you or we prevail on a claim and seek public injunctive relief (that is,
injunctive relief that has the primary purpose and effect of prohibiting unlawful
acts that threaten future injury to the public), the entitlement to and extent of
such relief must be litigated in a civil court of competent jurisdiction and not in
arbitration. The parties agree that litigation of any issues of public injunctive
relief shall be stayed pending the outcome of the merits of any individual claims
in arbitration.

(f) Class Action Waiver. YOU AND KIBEAM AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the
parties’ dispute is resolved through arbitration, the arbitrator may not
consolidate another person's claims with your claims and may not otherwise
preside over any form of a representative or class proceeding. If this specific
provision is found to be unenforceable, then the entirety of this Dispute
Resolution section shall be null and void.

(g) Severability. With the exception of any of the provisions in Section 17(f) of
these Terms ("Class Action Waiver"), if an arbitrator or court of competent
jurisdiction decides that any part of these Terms is invalid or unenforceable, the
other parts of these Terms will still apply.

17. General Terms.

(a) Reservation of Rights. Kibeam and its licensors exclusively own all right,
title and interest in and to the Services, including all associated intellectual
property rights. You acknowledge that the Services are protected by copyright,
trademark, and other laws of the United States and foreign countries. You agree
not to remove, alter or obscure any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying the Services.

(b) Entire Agreement. These Terms constitute the entire and exclusive
understanding and agreement between Kibeam and you regarding the Services,
and these Terms supersede and replace all prior oral or written understandings
or agreements between Kibeam and you regarding the Services. If any provision
of these Terms is held invalid or unenforceable by an arbitrator or a court of
competent jurisdiction, that provision will be enforced to the maximum extent
permissible and the other provisions of these Terms will remain in full force and
effect. You may not assign or transfer these Terms, by operation of law or
otherwise, without Kibeam’s prior written consent. Any attempt by you to assign
or transfer these Terms, without such consent, will be null. Kibeam may freely
assign or transfer these Terms without restriction. Subject to the foregoing,
these Terms will bind and inure to the benefit of the parties, their successors
and permitted assigns.

(c) Notices. Any notices or other communications provided by Kibeam under
these Terms will be given: (i) via email; or (ii) by posting to the Services. For
notices made by email, the date of receipt will be deemed the date on which
such notice is transmitted.

(d) Waiver of Rights. Kibeam’s failure to enforce any right or provision of these
Terms will not be considered a waiver of such right or provision. The waiver of
any such right or provision will be effective only if in writing and signed by a
duly authorized representative of Kibeam. Except as expressly set forth in these
Terms, the exercise by either party of any of its remedies under these Terms will
be without prejudice to its other remedies under these Terms or otherwise.

18. Contact Information. If you have any questions about these Terms or the
Services, please contact Kibeam at support@Kibeam.com or (855) 755-1299.