Terms of Service

The short version

• Accounts are for educators and adults. Students don’t need one — they join with a class code.
• Always review AI-generated content before using it with students. It can be wrong.
• Don’t put student records into the tool. It doesn’t need them.
• You own what you create. Sharing to the community library is optional and reversible.
• We can remove content that breaks these rules.

1. Agreement

These Terms govern your use of Magic Fountain at magicfountaingames.com (the “Service”). By creating an account or using the Service, you agree to them. If you don’t agree, please don’t use the Service. If you’re using it on behalf of a school or district, you confirm you’re authorized to accept these Terms for that organization.

2. Who may use the Service

Accounts are intended for teachers, school staff, and other adults aged 18 or over. You must provide accurate information when registering and are responsible for activity under your account and for keeping your credentials secure.

Students do not create accounts.Students participate in a teacher’s activity using a class code, under that teacher’s supervision. Do not create an account on behalf of a student, and do not share your account credentials with students.

3. AI-generated content — read this one

Activities are produced using artificial intelligence. AI systems make mistakes. Generated content may contain factual errors, wrong answers, outdated information, or material that isn’t appropriate for your particular students.

You are responsible for reviewing every activity before using it with students. You are the educator; the Service is a drafting tool, not a substitute for your professional judgment. We make no warranty that generated content is accurate, complete, curriculum-compliant, or suitable for any particular class.

We apply a content policy intended to keep generated material appropriate for K-12 classrooms, and we screen topic requests. These measures reduce risk but cannot guarantee every output is suitable. If you encounter generated content that seems inappropriate, please report it to us.

4. Acceptable use

You agree not to use the Service to:

• Create or share content that is sexual, graphically violent, hateful, harassing, discriminatory, or otherwise inappropriate for a K-12 classroom.
• Attempt to circumvent, disable, or manipulate the content policy or safety measures.
• Enter student names, grades, disciplinary records, IEP or 504 information, health information, or any other student record into the Service.
• Upload or share material you don’t have the right to use, including copyrighted textbook or assessment content belonging to someone else.
• Use the Service for anything other than legitimate educational purposes.
• Resell, sublicense, or commercially redistribute the Service or content generated through it.
• Access the Service by automated means, scrape it, or attempt to exceed usage limits.
• Interfere with the Service’s operation or security, or attempt to gain unauthorized access to any part of it.

Usage limits apply to protect the Service and keep it available to everyone. We may adjust them.

5. Your content and the shared library

You keep ownership of the activities you create. You grant us a non-exclusive licence to store, process, and display them as needed to operate the Service for you.

Activities are private by default. If you choose to publish one to the community library, you additionally grant other users the right to view, use, and copy it for their own educational purposes, and you grant us the right to display it — together with the name on your account — within the Service. You can unpublish an activity at any time from your library, though copies other users already made remain theirs.

By publishing, you confirm the content is yours to share, contains nothing confidential or identifying, and complies with the acceptable-use rules above.

6. Content moderation

We may remove any content, restrict any account, or refuse service at our discretion— particularly where content appears to break these Terms, is reported to us, or is inappropriate for a K-12 environment. Where practical we’ll tell you why, but for serious issues we may act first.

We do not pre-screen everything published to the community library. If you see something that shouldn’t be there, report it to schools@magicfountaingames.com and we’ll review it.

7. Student data and privacy

How we handle information is described in our Privacy Policy. In short: students don’t create accounts, we don’t sell personal information, and we don’t use it for advertising. Where a school uses the Service, we act on the school’s behalf for an educational purpose. Districts requiring a data privacy agreement — including a New York Education Law §2-d rider — can contact us. See also For Schools & IT.

8. Our intellectual property

The Service itself — the software, design, branding, and name — belongs to us. These Terms don’t give you rights to it beyond using the Service as intended. You may use activities you create, including in your classroom and in materials you prepare for your students.

9. Paid subscriptions

Some features may require a paid subscription. If you subscribe, we’ll show pricing and billing terms before you pay. Fees are billed in advance for the period you select and, except where required by law or stated otherwise at purchase, are non-refundable. You can cancel at any time; cancellation takes effect at the end of your current billing period. We may change pricing with advance notice, effective from your next billing period.

10. Availability

We work to keep the Service running, but we don’t guarantee it will be uninterrupted or error-free. We may change, suspend, or discontinue features. Have a backup plan for any lesson that depends on the Service — networks, filters, and software all fail sometimes.

11. Ending your use

You can stop using the Service and request account deletion at any time. We may suspend or terminate an account that breaks these Terms, or where required by law. On termination your right to use the Service ends; provisions that by their nature should survive — ownership, disclaimers, limits of liability — do survive.

12. Disclaimers

The Service is provided “as is” and “as available,”without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty as to the accuracy or educational suitability of generated content. Some jurisdictions don’t allow certain disclaimers, so parts of this may not apply to you.

13. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost data, lost profits, or loss of goodwill, arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the twelve months before the claim, or fifty US dollars.

14. Indemnity

You agree to indemnify and hold us harmless from claims, damages, and reasonable legal costs arising from your misuse of the Service, your breach of these Terms, or content you create or publish through the Service.

15. Changes to these Terms

We may update these Terms. We’ll change the date at the top and, for material changes, notify account holders. Continuing to use the Service after a change means you accept the updated Terms.

16. Governing law

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Disputes will be brought in the state or federal courts located in New York, and you and we consent to that jurisdiction.

17. Contact

Questions about these Terms, or to report content: schools@magicfountaingames.com