Terms and Conditions

1. Acceptance of Terms

These Terms of Service (these “Terms”) govern access to and use of the website located at recess.gg and the online instructional platform operated by Collaboration Studios, Inc., doing business as Recess and Recess Academy (“Recess,” “we,” “us,” or “our”) (together, the “Service”).

Because most students who use the Service are minors, these Terms are entered into between Recess and the parent or legal guardian who creates an account (the “Account Holder,” “you,” or “your”). By creating an account, enrolling a student, or otherwise using the Service, you agree to these Terms on your own behalf and on behalf of the student for whom you are enrolling (the “Student”), and you represent that you are the Student's parent or legal guardian, or otherwise have legal authority to act on the Student's behalf.

These Terms incorporate by reference the Recess Student & Family Handbook (the “Handbook”) and our Privacy Policy, each as may be updated from time to time. If there is a direct conflict between these Terms and the Handbook on a student conduct or academic matter, the Handbook governs. If there is a direct conflict between these Terms and the Privacy Policy on a data practice, the Privacy Policy governs.

If you do not agree to these Terms, do not create an account or use the Service.

By using Recess, you agree to be bound by the YouTube Terms of Service, available at https://www.youtube.com/t/terms.

2. Description of the Service

Recess provides online instructional services to K-12 students, which may include a daily learning plan, live academic cohorts, electives, tutoring support, including through Rocky, an AI-based tutoring feature, support from Guides and instructors, and progress reporting to students, families, and partner schools. Recess is not a school of record for Students who enroll through a partner school or directly through Recess's own online learning program, and Recess does not grant academic credit, transcripts, promotion, or diplomas for those Students. Recess has filed to operate its own private school, Recess Academy, which has not yet begun enrolling students.

The specific features and services included in a Student's program depend on the Student's enrollment and are described in the Student's welcome materials.

3. Eligibility and Account Registration

You must be at least 18 years old and have legal authority to act on the Student's behalf to create an account. You are responsible for the accuracy of the information you provide and for maintaining the confidentiality of your account credentials. You are responsible for all activity that occurs under your account.

Access to the Service generally requires that a Student be enrolled with a partner school or otherwise authorized to access the Service, such as through a state scholarship or tutoring program.

4. Relationship to Partner Schools

Recess is not a school. Students who enroll in a state-approved scholarship or tutoring program access Recess through a partner school that serves as the Student's school of record. That school, not Recess, is responsible for the Student's official enrollment, attendance, grades, credit, transcripts, promotion, and graduation.

These Terms govern your use of the Service. They do not create a contractual relationship between you and any partner school. Your enrollment with a partner school is governed by a separate agreement between you and that school.

5. The Student & Family Handbook

Use of the Service is also governed by the Handbook, which covers attendance, academic honesty and the use of AI in schoolwork, student conduct, safety reporting, and related program policies. By using the Service, the Account Holder and Student agree to follow the Handbook.

6. Payment Terms

Where a Student enrolls directly with Recess, whether through Recess's own online learning program or through Recess Academy, the Account Holder pays Recess directly. Where a Student enrolls through a partner school, the partner school collects tuition, including any scholarship funds, and pays Recess a service fee; Recess does not collect tuition directly in that case. Recess may separately offer optional add-on services with a direct-pay option to families enrolled through a partner school. Fees, if any, will be disclosed to you before you are charged. Fees are non-refundable except as required by law or as otherwise stated at the time of purchase.

7. Intellectual Property

Recess and its licensors own all right, title, and interest in the Service, including the curriculum, software, and Rocky. Nothing in these Terms transfers any of that ownership to you or the Student.

As between Recess and the Account Holder, the Student retains ownership of original work the Student creates using the Service. By submitting or publishing work through the Service, you grant Recess a license to use that work to provide, operate, and improve the Service, consistent with the Handbook's publishing guidelines. This license will be limited to internal instructional and platform-operation purposes; it will not extend to using a Student's name, photo, video, or work in Recess's external marketing without the separate, affirmative parental consent described in the Privacy Policy.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS." RECESS DOES NOT WARRANT ANY PARTICULAR ACADEMIC OUTCOME, INCLUDING ANY DECISION REGARDING ENROLLMENT, ATTENDANCE, GRADES, CREDIT, PROMOTION, OR GRADUATION. WHERE A STUDENT ENROLLS THROUGH A PARTNER SCHOOL, THOSE DECISIONS ARE MADE SOLELY BY THAT SCHOOL. WHERE A STUDENT ENROLLS DIRECTLY WITH RECESS, THOSE DECISIONS, TO THE EXTENT APPLICABLE, ARE MADE SOLELY BY RECESS. AI-GENERATED CONTENT, INCLUDING CONTENT FROM ROCKY, MAY CONTAIN ERRORS AND SHOULD BE REVIEWED ACCORDINGLY. THE SERVICE IS NOT A SUBSTITUTE FOR A PROFESSIONAL EVALUATION OF A STUDENT'S EDUCATIONAL, MEDICAL, OR DISABILITY-RELATED NEEDS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RECESS'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO RECESS DIRECTLY IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE.

10. Indemnification

You agree to indemnify and hold Recess harmless from any claim arising out of your breach of these Terms, your violation of applicable law, or your or the Student's misuse of the Service, except to the extent caused by Recess's own negligence or misconduct.

11. Dispute Resolution and Governing Law

Before filing a claim, you or the claimant agree to contact us at [email protected] so we can try to resolve the dispute informally. If we are unable to resolve it within 30 days, any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration administered by the American Arbitration Association, conducted on an individual basis and not as part of a class, consolidated, or representative action. This arbitration provision does not apply to claims for injunctive relief relating to intellectual property, or to claims that may be brought in small claims court.

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in California.

12. Term and Termination

You may stop using the Service at any time. Recess may suspend or terminate access to the Service for a violation of these Terms or the Handbook, consistent with the process described in the Handbook. Ending a Student's access to the Service does not withdraw the Student from their partner school; questions about official withdrawal go to that school.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify the Account Holder by email or through a notice on the Service before the changes take effect. The “Last Modified” date at the top of these Terms indicates when they were last revised.

14. General Provisions

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with the Handbook and the Privacy Policy, are the entire agreement between you and Recess regarding the Service.

15. Contact Us

If you have questions about these Terms, contact us at:

Collaboration Studios, Inc (Recess).
38 Keyes Ave, Suite 122
San Francisco, CA 94129
[email protected]