Kelvi Terms of Use

Effective Date: June 2026
Last Updated: June 2026

The following terms and conditions (the “Agreement”) govern all use of the Kelvi website (the “Site”) and the products and services available on or at the Site (taken together with the Site, the “Platform”). The Platform is owned and operated by Kelvi, Inc. (“Kelvi”). The Platform is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Kelvi.

BY USING OR ACCESSING ANY PART OF THE PLATFORM, YOU (the “User”) AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE PLATFORM.

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST KELVI ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Kelvi reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User's responsibility to check this Agreement periodically for changes. User's continued use of the Platform following the posting of any changes to this Agreement constitutes acceptance of those changes.

Access

Subject to the terms and conditions of this Agreement, the software and services provided in connection with the Platform may only be used for educational purposes. Kelvi may change, suspend or discontinue the Platform, including the availability of any feature, database or content, at any time. Kelvi may also impose limits on certain features and services or restrict User's access to parts or all of the Platform without notice or liability.

For Teachers and Guardians: User certifies to Kelvi that User is either (a) at least 18 years of age or (b) has obtained the legal consent of a teacher or legal guardian to enter this Agreement. If User is a teacher or parent intending to invite students to use the Platform for educational purposes, User represents that User:

  • authorizes the collection, use, and disclosure of such students' personal information as described in the Kelvi Privacy Policy;
  • will supervise such students' use of the Platform;
  • has made the Kelvi Privacy Policy available to such students' parents and guardians and has obtained consent from such parents and guardians for User's students to use the Platform;
  • has confirmed with User's school and/or school district that the Platform is appropriate for educational use and can be used in compliance with all privacy notices, policies, or practices in effect in such schools and/or school districts;
  • understands that Kelvi is a discussion-based mathematics discovery platform, not a replacement for classroom instruction or curriculum.

For Students: Student users must be at least 13 years old or have parental/guardian consent. Parents or guardians are responsible for supervising student use of the Platform. Students agree to use the Platform only for learning mathematics through discovery-based problem solving.

User also certifies that User is legally permitted to use the Platform and takes full responsibility for the selection and use of the Platform. This Agreement is void where prohibited by law, and the right to access the Platform is revoked in such jurisdictions.

Fees and payment

The Kelvi Platform offers both free and paid tiers. Kelvi reserves the right to charge a fee at any time for certain features or services. If you choose a paid tier, you agree to pay all fees according to the pricing and payment terms in effect at the time of purchase.

Site content and intellectual property

User agrees that all content and materials (collectively, “Content”) delivered via the Platform or otherwise made available by Kelvi at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Kelvi in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.

User may download or print materials from the Platform for personal, non-commercial educational use only; provided, that User retain all copyright and other proprietary notices contained therein.

User Content:Any content you create or submit to the Platform (such as drawings, responses to discovery questions, or other student work) (“User Content”) may be stored and analyzed by Kelvi to improve the Platform and the student's learning experience. By submitting User Content, you grant Kelvi a worldwide, royalty-free license to use, reproduce, modify, and display such content for educational and product improvement purposes. Kelvi will not sell or publicly display student work without consent from parents/guardians.

Teachers may retain and use screenshots or summaries of student thinking from the Platform for classroom or professional development purposes, provided that student privacy is protected.

Restrictions

User shall not use automated devices, programs, algorithms or similar means to access, extract, acquire, collect, copy or monitor any portion of the Platform or any Content, or reproduce or circumvent the navigational structure or presentation of the Platform, including for training artificial intelligence or machine learning models without express written permission from Kelvi.

User shall not attempt to gain unauthorized access to any portion or feature of the Platform; probe, scan or test the vulnerability of the Platform; take any action that imposes an unreasonable load on the infrastructure of the Platform; use any device, software or routine to interfere with the proper working of the Platform; or use the Platform or any Content for any purpose that is unlawful or prohibited by this Agreement.

Registration and security

As a condition to using certain features of the Platform, User may be required to register with Kelvi and provide accurate, complete, and updated registration information. User shall be responsible for maintaining the confidentiality of User's password and other account information and for all activity that occurs under User's account.

Student data and privacy

Kelvi collects and processes student learning data to support student learning and improve the Platform. All student data is treated according to the Kelvi Privacy Policy. Teachers have access to view student thinking and learning progress through the teacher dashboard. Parents have limited access to family learning data through the family dashboard. All student data is confidential and protected according to applicable education privacy laws, including FERPA where applicable.

Indemnification

User is responsible for all of its activity in connection with the Platform. User shall defend, indemnify, and hold harmless Kelvi, its affiliates, and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses that arise from User's use or misuse of the Platform, User's access to any part of the Platform, or User's violation of this Agreement.

Warranty disclaimer

THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KELVI MAKES NO WARRANTY THAT (I) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (II) THE RESULTS OF USING THE PLATFORM WILL MEET USER'S REQUIREMENTS.

Kelvi does not guarantee that the Platform will improve student mathematics achievement or performance. The Platform is a discovery-based mathematics thinking tool and should be used in conjunction with other educational resources and classroom instruction. USER'S USE OF THE PLATFORM IS SOLELY AT USER'S OWN RISK.

Limitation of liability

IN NO EVENT SHALL KELVI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE WITH RESPECT TO THE PLATFORM FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE; FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT; OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00 (U.S.). KELVI SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING FROM USER'S INABILITY TO ACCESS OR OTHERWISE USE THE SITE.

Termination

Kelvi may terminate User's access to all or any part of the Platform at any time, with or without cause. Upon termination, User will no longer access the Platform and will delete all software provided in connection with the Platform. All provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers and limitations of liability.

Privacy

Kelvi's Privacy Policy is available at kelvi.io/privacy and is incorporated by this reference.

Dispute resolution and arbitration

You agree that any disputes or claims between you and Kelvi will be resolved exclusively through final and binding arbitration in accordance with the American Arbitration Association's (AAA) Consumer Arbitration Rules, rather than in court, except that you may assert individual claims in small claims court if your claims qualify. You and Kelvi each waive the right to a trial by jury or to participate in a class action.

YOU AND KELVI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If the value of the relief sought is $75,000 or less, Kelvi will pay all arbitration fees at your request.

Miscellaneous

The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts.

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