Terms and Conditions

These Terms and Conditions (the "Terms") are a contract between Playbook 23 Holdings, Inc., a Delaware corporation with its principal place of business in Texas ("Playbook 23", "we", "us", "our"), and the adult who accepts them ("you").

You may accept these Terms only if you are aged 18 or over and are either: (a) the parent or legal guardian of a student aged 13 to 17 whom you are registering or whose account you are claiming; or (b) a student aged 18 or over registering for yourself.

By tapping the button that says you agree, you accept these Terms. We record what you accepted, which version, and when. If you do not agree, do not use Playbook 23.

These Terms incorporate the Privacy Policy, which describes what we collect and why, and the Student Rules, which govern a student's own use of the service. Where the Privacy Policy and these Terms differ on what we do with personal information, the Privacy Policy prevails.

This clause 2 governs your use of playbook23.com. The rest of these Terms governs the Playbook 23 mobile application. You do not need an account to read this website, and accepting these Terms is not a condition of reading it.

The website is provided for information about Playbook 23. Its content, design, text and images belong to us or to our licensors. You may read, print and share pages for your own personal, non-commercial use, and schools, parents and press may quote from them with attribution. You may not scrape or crawl the site, copy it wholesale, present it as your own, or use it to train a machine learning model.

The website sets no cookies, runs no analytics and carries no advertising. The Privacy Policy explains this in full.

A person under 18 may read this website. Reading it creates no contract with anyone, and nothing on this page purports to bind a minor.

Links to the Apple App Store and Google Play take you to services we do not control. Downloading the app from a store is governed by that store's own terms as well as these Terms.

A person under 18 cannot be bound by a contract of this kind. Rather than ask a minor to accept terms that would not hold, we have separated the two things such a document usually does. This agreement carries the legal terms and binds adults. The Student Rules carry the rules of use, written in language a 13-year-old can read, and govern how a student may use Playbook 23.

An Independent Student — a student aged 13 to 17 with no linked parent or guardian — uses Playbook 23 under the Student Rules. They are not a party to these Terms, and we do not assert that they are. Their permission to use the service is a licence we grant on the conditions in the Student Rules, and it can be withdrawn under clause 14 if those conditions are broken.

Where a parent or guardian registers a student, or claims an account the student created, that parent or guardian accepts these Terms in respect of that student's use of Playbook 23 from the moment the link is made. The student continues to be governed by the Student Rules, and keeps the controls described in the Privacy Policy; the parent does not take those away by linking.

When a student turns 18 their account converts to an Adult Student account and any parental link ends. We will ask them to accept these Terms for themselves at that point. If they do not accept, they may continue under the Student Rules or close the account, and we will not treat continued use as acceptance.

Nothing in these Terms limits any right a minor has under the law of their state, including any right to disaffirm an agreement.

Playbook 23 is available only to people aged 13 and over who are located in the United States. It is not available to anyone under 13 by any route, including through a parent, and we do not knowingly permit an under-13 account to exist.

We ask for a date of birth before we collect anything else, and we ask it neutrally. Giving us a false age is a breach of these Terms by the person who gives it and a breach of the Student Rules by a student who gives it.

We check that the class year or grade recorded on an account is consistent with the age given. Where it is not, we will require the inconsistency to be corrected before the account may continue to be used.

Where an app store establishes your age category, or the age category of a student, and obtains any parental consent the law requires before download, we receive and act on that signal. Where a store tells us that a parental consent has been withdrawn, access for that minor ends. Where we make a change to the Service significant enough that the store requires consent to be given again, the affected features stay switched off until it is.

You must not create an account for anyone else except as a parent or guardian creating or claiming an account for your own child, and you must not transfer, sell or share an account or its credentials.

You are responsible for keeping your own account credentials secure, and for telling us promptly if you believe your account has been used by someone else.

A parent or guardian may claim an account a student created independently. We confirm the request with the student, verify that you are an adult and that you are the student's parent or guardian, and then link the accounts.

If a student disputes a claim, we pause it and ask for documentary proof of the parental relationship. If it is not resolved, the account stays unlinked and the student continues on the minimal tier. We do not take sides in a family dispute, we do not link on the strength of an assertion alone, and we do not treat delay as agreement.

A parent or guardian who is linked to a student may exercise the review, correction, deletion, connection and time-limit controls described in the Privacy Policy. The student is told that the link exists and is shown what you can see and change. We do not offer covert monitoring, and you may not use Playbook 23 to monitor a student without their knowledge.

You must give us accurate information and keep it current. You must not impersonate anyone or misstate your relationship to a student.

Playbook 23 is free. There are no fees, subscriptions, purchases, in-app purchases, virtual currency, entry fees, prizes or payments of any kind anywhere in the Service, at any tier.

We show no advertising to anyone and we do not use anyone's information to target, serve or measure advertising.

Introducing any charge, any purchase, or any advertising would be a material change to the Service. It would require the advance notice and fresh acceptance described in clause 18, it would require a corresponding change to the Privacy Policy on the same terms, and for any user under 18 it would additionally require whatever parental consent the applicable app store requires at that time. We will not do it quietly and we will not do it by treating your continued use of the app as your agreement.

Student Content belongs to the student who created it. We claim no ownership of it, and nothing in these Terms transfers it to us.

To run the Service we need permission to handle that content. The student, and where there is a linked parent or guardian that parent or guardian, grants us a non-exclusive, royalty-free, non-transferable licence to host, store, reproduce, display back to the student, and process Student Content solely in order to:

• provide, maintain and secure the Service and the student's own access to their record;
• calculate, explain and recalculate the Score;
• make the specific disclosures the Privacy Policy describes, and only those — to a linked parent, to an organization a parent has approved, in the one-way aggregate contribution to a school where the student has switched it on, and to our service providers acting on our instructions; and
• comply with the law and respond to lawful process.

The licence in clause 8.2 does not extend to anything else. In particular, and for the avoidance of any doubt, we will not:

• use Student Content, or anything derived from it, to train or fine-tune any artificial intelligence or machine learning model, or allow anyone else to;
• use Student Content in advertising, marketing, promotion, case studies or public materials, whether or not identified;
• sell it, licence it, or share it for anyone else's own purposes; or
• sublicense it, except to a service provider bound by written terms that forbid every use except performing the service for us.

The licence ends when the content is deleted, and in any event when the account is deleted, subject only to the retention periods and the legal-hold provision set out in section 13 of the Privacy Policy. Deleting content in the app is what ends the licence; you do not need to write to us as well.

The student, or the parent or guardian supplying content on their behalf, is responsible for having the right to give it to us. Do not put anything into Playbook 23 that belongs to someone else, or that shows another person, without their agreement.

If you send us a suggestion about the Service, we may use it without obligation to you and without payment. This clause is about ideas for the product; it does not apply to Student Content.

Entries must describe things that actually happened. Do not invent an activity, exaggerate one, enter the same activity more than once, or record something someone else did.

Do not obtain, give, buy, sell, trade or solicit verification, corroboration or recognition that is not genuine, and do not ask another person to submit a false one for you.

Do not use automation, scripts or any other means to generate entries, inflate a Score, or interfere with how a Score is calculated.

We run automated checks for implausible patterns and for fraud. Where a check or a review finds that an entry is not genuine, we remove that entry from the calculation and the Score is recalculated without it. Removing a false entry is a correction, not a punishment: we do not apply a Score penalty, remove a milestone that was properly earned, or break a streak that was properly earned.

Where an automated check changes a Score, the user may ask us to have a person look at it. We will, and we will tell them the outcome.

Repeated or deliberate falsification is a breach of these Terms and of the Student Rules, and may lead to suspension or closure under clause 14.

The Service and the website, including the software, design, the four-pillar framework, the Score methodology and everything we put into them, belong to us or to our licensors. We grant you a personal, limited, revocable, non-exclusive, non-transferable licence to use the Service as it is intended to be used, for as long as these Terms are in force.

That licence does not include any right to copy, modify, distribute, publicly display or create derivative works from the Service, or to use our name or logos, except as we expressly permit in writing or as clause 2.2 allows for the website.

We respect intellectual property rights and expect the same. If you believe something in Playbook 23 infringes your copyright, write to us at the address in clause 22 with enough detail to identify the work, the material complained of, and your contact details, and we will act on it.

You obtain Playbook 23 from an app store, and that store's own terms apply to the download alongside these Terms. Where a store's terms and these Terms conflict as to the download itself, the store's terms govern that subject.

These Terms are between you and us, not between you and any app store. No app store is responsible for the Service, for any claim about it, or for any support. Apple Inc. and Google LLC are third-party beneficiaries of this clause and of clause 15, and each may enforce those clauses against you. No one else is a third-party beneficiary of these Terms.

We aim to keep the Service running but we do not promise it will be uninterrupted or error-free. We may suspend it temporarily for maintenance, security or repair, and will give notice where we reasonably can.

We may add, change or remove features. Where a change would remove or materially reduce something the Service already does for a student — the minimal tier in particular — we treat it as a material change under clause 18.

If we discontinue the Service altogether, we will give at least 60 days' notice, make an export of the record available before it closes, and delete personal information in accordance with the Privacy Policy.

A student may delete their account and everything in it at any time, from within the app. A parent or guardian may delete an entry, a student account, or the whole household. Deletion is honoured within 30 days and purged from backups within 90 days, as described in the Privacy Policy. Where a Supported Student under 18 deletes their account, we tell the linked parent before we act.

A parent or guardian may withdraw any consent they gave. The full-tier features that depended on it switch off; the minimal experience continues and the record is not deleted.

Closing an account is no harder than opening one, and is available in the app rather than only by writing to us.

We may suspend or close an account where: the user is under 13; an age or class-year inconsistency is not corrected; there has been repeated or deliberate falsification under clause 9; there has been a breach of clause 10; a parental claim was made dishonestly; or we are required to by law.

Except where the law prevents us or a young person is at risk, we will tell the affected user what we are doing and why, give them a reasonable chance to put it right where it can be put right, and give them a way to challenge the decision under clause 14.7.

If we suspend or close an account and the user thinks we got it wrong, they may write to us at the address in clause 22. A person who was not involved in the original decision will review it, and we will reply within 30 days.

If we learn that an account belongs to someone under 13, we stop collecting immediately, close the account within 3 business days, and delete the personal information within 30 days and from backups within 90 days, as set out in section 17 of the Privacy Policy.

Clauses 8.6, 11, 15, 16, 17, 19, 20 and 21 survive the end of these Terms, together with any provision that by its nature is intended to.

Nothing in the Service is educational, athletic, medical, psychological, career or legal advice, and nothing in it should be relied on in place of advice from a person qualified to give it.

We make no representation and give no promise that using Playbook 23, or achieving any Score, will lead to admission to any school or programme, selection for any team, any scholarship, any recruitment interest, any opportunity, or any other result. No school, college, team, organization or employer is obliged to recognise a Development Record, and we do not represent that any of them does.

To the fullest extent the law allows, the Service and the website are provided "as is" and "as available", and we disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy and non-infringement. Some states do not allow the exclusion of implied warranties, so this may not apply to you in full; where it does not, our warranties are limited to the shortest period the law permits.

To the fullest extent permitted by law, neither we nor our officers, employees or suppliers are liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, opportunity, reputation, or anticipated benefit, arising out of or relating to the Service, the website or these Terms, whether in contract, tort or otherwise, and whether or not we were told such loss was possible.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Service, the website or these Terms will not exceed one hundred United States dollars (US$100). The Service is provided free of charge, and this cap reflects that; it does not reflect any view about the value of a student's record to them.

Nothing in clause 15 or clause 16 limits or excludes any liability that cannot be limited or excluded by law. That includes liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, for gross negligence or wilful misconduct, and any liability arising under a consumer protection statute of your state that may not be waived.

Some states do not allow the exclusion or limitation of certain damages, so parts of clauses 16.1 and 16.2 may not apply to you.

These limitations apply to us. They do not limit any right a student has under the Privacy Policy or under privacy law, and they do not apply to our own obligations to protect and delete personal information.

You will defend and indemnify us against any third-party claim arising from: (a) your own breach of clause 9, clause 10 or clause 8.5; or (b) content you personally supplied that infringes a third party's rights, together with reasonable legal costs. We will tell you promptly of any such claim, let you control the defence of it, and cooperate reasonably at your expense.

For a material change — anything that reduces your rights, expands the licence in clause 8, changes clause 19, or introduces a charge or advertising under clause 7.3 — we will give at least 30 days' notice before it takes effect and ask you to accept the new version. We will not treat your continued use of Playbook 23 as acceptance of a material change. If you do not accept it, you may continue under the version you accepted until we tell you that version is being retired, and you may close your account at any time under clause 14.

For a change that is not material — correcting an error, clarifying wording, or reflecting a feature that does not affect your rights — we will post the new version, number and date it, and note what changed.

Every version is numbered and dated, and earlier versions remain available on request.

A change to these Terms does not apply to a dispute that had already arisen before the change took effect. We will not amend these Terms in order to affect a claim you have already made or already told us about.

Where a change to the Service is significant enough that an app store requires parental consent to be given again for a user under 18, the affected features remain switched off until it is.

Before starting an arbitration or a court case, send us a written notice at the address in clause 22 describing the dispute and what you want. We will do the same. We will each try in good faith to resolve it for 60 days from that notice. This step is required, and the 60 days do not count against any limitation period.

If we cannot resolve it, and you are aged 18 or over, you and we agree that any dispute arising out of or relating to the Service, the website or these Terms will be resolved by final and binding individual arbitration, administered by a recognised arbitration provider under its consumer arbitration rules, before a single arbitrator, seated in the county where you live or, at your election, conducted by telephone, video or on documents only. The Federal Arbitration Act governs this clause.

We will pay all arbitration filing, administration and arbitrator fees for any claim you bring, other than a filing fee equal to what it would have cost you to file in your local court. Each side pays its own legal costs unless the arbitrator awards them under a statute that allows it.

The arbitrator may award the same individual relief a court could, including any statutory damages and fees, and must give written reasons. The arbitrator, not a court, decides questions about the scope or interpretation of this clause 19, except the question in clause 19.7, which a court decides.

This clause 19 binds only a party aged 18 or over at the time the dispute arises. It does not bind a student aged 13 to 17, whether or not a parent or guardian is linked to their account, and a parent or guardian does not agree to it on a student's behalf. We will not seek to compel a person under 18 to arbitrate, and we will not rely on any theory — agency, third-party beneficiary, direct benefits estoppel or ratification — to bring a minor within it.

You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding.

If the class action waiver in clause 19.6 is found to be unenforceable as to a particular claim, then clause 19.2 does not apply to that claim either, and that claim proceeds in court under clause 20. The rest of clause 19 continues to apply to every other claim. If any other part of clause 19 is found unenforceable, it is severed and the rest continues.

If 25 or more demands for arbitration raising substantially the same claims are filed against us by or with the assistance of the same counsel within a 90-day period, they will be administered in staged batches of no more than 50, each batch heard by a single arbitrator, with the outcomes of the first batches used to try to resolve the rest. Limitation periods are tolled for every claim in the queue while this happens. This clause exists so that neither side can use volume as leverage; it does not reduce anyone's individual rights.

You may opt out of clause 19 by emailing us at legal@playbook23.com within 30 days of first accepting these Terms, saying that you opt out of arbitration and giving your name and the email address on your account. That is all that is required. Opting out has no effect on your account, your access to any feature, or anything else in these Terms, and we will not treat it as a reason to do anything. If you opt out, disputes between us proceed under clause 20.

Either of us may bring an individual claim in small claims court instead of arbitration. Either of us may seek injunctive relief in court to stop unauthorised use of, or interference with, intellectual property or the security of the Service. Nothing in clause 19 prevents you from reporting a concern to any government agency, or from taking part in any action brought by one.

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules — except that nothing in this clause deprives you of the protection of any mandatory consumer protection law of the state where you live that cannot be waived by agreement.

Where a dispute is not subject to arbitration, it will be heard in the state or federal courts located in Texas, and you and we each consent to their jurisdiction — again, except where the law of your state gives you a right to bring or defend a claim locally that cannot be waived.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.