Terms of Service

IMPORTANT NOTICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING LOTSOG LEARNING. BY CREATING AN ACCOUNT, SUBSCRIBING TO A PLAN, OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF AN INSTITUTION, SCHOOL, OR ORGANIZATION, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY, AND "YOU" REFERS TO THAT ENTITY.

1. WHO WE ARE

LOTSOG Learning ("LOTSOG Learning," "we," "us," or "our") is a product of MD3C, LLC, an Illinois limited liability company with its principal place of business at 5800 N. Kilbourn Ave, Chicago, IL 60646. LOTSOG Learning operates the educational platform accessible at lotsog.com and app.lotsog.com (collectively, the "Service").

2. ELIGIBILITY AND ACCOUNTS

2.1 Age requirements

The Service is available to users of all ages, subject to the following conditions:

(a) Users 18 and older may create accounts and subscribe to plans independently.

(b) Users 13 through 17 ("Minors") may use the Service only with verifiable parental or guardian consent as described in Section 3 and our Children's Privacy Notice.

(c) Users under 13 ("Young Children") may use the Service only through an account created and managed by a parent or legal guardian, or through an institutional account where the institution has obtained appropriate parental consent and entered into a Data Processing Agreement with us. We do not knowingly permit children under 13 to create independent accounts.

2.2 Account accuracy

You represent that all information you provide when creating an account is accurate, current, and complete. You agree to keep this information updated. We reserve the right to suspend or terminate accounts based on inaccurate information.

2.3 Account security

You are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately at security@msi3.com if you suspect unauthorized access to your account. We are not liable for losses resulting from unauthorized account access where you failed to maintain credential security.

2.4 One account per role

Each user account is associated with a single subscription role: learner or educator. A single email address may not simultaneously hold an active learner subscription and an active educator subscription. Different email addresses are required for dual roles. This limitation does not apply to institutional accounts managed by an administrator.

3. PARENTAL CONSENT AND CHILDREN'S ACCOUNTS

3.1 COPPA compliance

We comply with the Children's Online Privacy Protection Act of 1998 ("COPPA") and its implementing regulations. If your child is under 13 years of age, you must review and consent to our Children's Privacy Notice before your child may use the Service.

3.2 Parental account creation

Parents and legal guardians creating accounts for children under 13 must:

1. Provide verifiable parental consent through our consent verification process;
2. Provide accurate information about the child's age;
3. Supervise their child's use of the Service;
4. Accept these Terms on the child's behalf.

3.3 Institutional minors

When a school or educational institution subscribes to an institutional plan and assigns the Service to students, including those under 13, the institution acts as agent for and on behalf of the parents of those students for purposes of COPPA consent, provided the institution has:

1. Obtained appropriate written parental consent under applicable law;
2. Entered into a Data Processing Agreement with us;
3. Accepted responsibility for ensuring appropriate use by minors under their supervision.

3.4 Parental rights

Parents and guardians of children under 13 may at any time:

1. Review the personal information we have collected about their child;
2. Request correction of inaccurate information;
3. Request deletion of their child's account and associated data;
4. Refuse further collection or use of their child's information;
5. Revoke consent previously given.

To exercise these rights, contact us at privacy@msi3.com.

4. SUBSCRIPTIONS AND BILLING

4.1 Plan types

We offer subscription plans for learners, educators, and institutions as described on our pricing page at lotsog.com/pricing. Plan names, features, and prices are subject to change with notice as described in Section 4.7.

4.2 Free trial

New learner subscribers receive a three (3) day free trial, and new educator subscribers receive a seven (7) day free trial. Institution subscriptions do not include a free trial. At the end of the applicable trial period, continued access to paid features requires a paid subscription. Trial accounts are subject to these Terms in all respects.

4.3 Billing

(a) Monthly billing: Charges are processed on the same day of each calendar month as your subscription start date.

(b) Annual billing: Charges are processed annually on your subscription anniversary date. Annual subscribers receive a discount of approximately 38% compared to equivalent monthly billing, calculated using a φ (golden ratio) discount factor.

(c) All charges are processed in US dollars through our payment processor, Stripe, Inc. By subscribing, you authorize us to charge your payment method on a recurring basis until cancellation.

(d) Taxes, if applicable, are added to subscription charges based on your billing address.

4.4 Geographic pricing

Subscription prices are adjusted based on your country of access using World Bank income classifications (High Income, Upper-Middle Income, Lower-Middle Income, Low Income), updated annually. Your geographic tier is detected automatically from your IP address at the time of account creation and subscription.

Geographic pricing integrity: Using a virtual private network (VPN) or other means to misrepresent your country of access in order to access a lower-priced geographic tier constitutes a material breach of these Terms. We reserve the right to retroactively charge the correct geographic tier pricing, suspend your account, or terminate your subscription without refund upon discovery of geographic misrepresentation.

Additionally, misrepresentation of geographic location may result in incorrect curriculum standards, educational resources, and learning content being recommended to you, which may adversely affect the quality of your educational experience.

4.5 Refunds

(a) Trial periods: No charges are incurred during the free trial. You may cancel at any time during the trial with no obligation.

(b) Monthly subscriptions: We do not provide refunds for partial months. You may cancel at any time and retain access through the end of your current billing period.

(c) Annual subscriptions: We offer a pro-rated refund for annual subscriptions cancelled within thirty (30) days of the annual renewal date. After thirty days, no refund is provided for the remaining term; access continues through the end of the annual period.

(d) Exceptional circumstances: We evaluate refund requests outside these standard policies on a case-by-case basis. Contact billing@msi3.com to submit a request.

4.6 Cancellation

You may cancel your subscription at any time through your account settings or by contacting billing@msi3.com. Cancellation takes effect at the end of your current billing period. We do not delete your account or data upon cancellation — you retain access to your content at reduced (trial-equivalent) feature levels until you request account deletion.

4.7 Price changes

We will provide at least thirty (30) days' advance notice of any price increase via email to your registered address and through a notice in the application. Price changes take effect at your next renewal date following the notice period. Continued use after a price change constitutes acceptance. If you do not accept a price change, you may cancel before your next renewal date without penalty.

4.8 Institutional billing

Institutions subscribing to Academy, Athenaeum, or Endowment plans are billed as described above. Institutional subscriptions cover teacher seats as defined in the applicable plan. Individual teacher subscriptions are not affected or overwritten by institutional coverage — the most permissive entitlement applies when both exist.

5. ACCEPTABLE USE

5.1 Permitted uses

You may use the Service for personal learning, educational instruction, curriculum development, and institutional education management, consistent with these Terms and the spirit of the platform's educational mission.

5.2 Prohibited conduct

You agree not to:

1. Use the Service to generate, distribute, or sell educational content commercially without our prior written consent;
2. Use automated tools, bots, scripts, or AI systems to generate content at scale beyond normal personal or classroom use;
3. Share account credentials with others or permit multiple people to use a single account;
4. Circumvent, disable, or interfere with security features or access controls;
5. Attempt to reverse engineer, decompile, or extract the underlying AI models, prompts, or systems;
6. Use the Service to generate content that is false, misleading, defamatory, harassing, discriminatory, obscene, or unlawful;
7. Upload materials to which you do not hold appropriate rights or licenses;
8. Resell, sublicense, or commercially exploit the Service or content generated through it;
9. Use the Service in any manner that violates applicable law, including educational privacy laws;
10. Attempt to access other users' accounts or data;
11. Overwhelm or degrade the Service infrastructure through excessive or abusive usage patterns.

5.3 Fair use of "Almost Unlimited" features

Certain plan features are described as "Almost Unlimited." This designation means that a high but finite system limit is in place — set well beyond what any individual learner, teacher, or institution would reach in normal educational use. We reserve the right to review accounts showing usage patterns inconsistent with individual study or classroom instruction, and to suspend or limit access to accounts that appear to be using the Service for commercial content generation, bulk AI inference, or other non-educational purposes. See our Fair Use Policy at lotsog.com/fair-use for details.

5.4 Educator responsibilities

Educators using the Service to instruct minors are responsible for:

1. Ensuring their use complies with applicable educational privacy laws including FERPA, COPPA, and state equivalents;
2. Obtaining appropriate parental consents for students under 13;
3. Supervising student use of the platform;
4. Not assigning the platform to students in a manner that violates their school's acceptable use policies.

6. CONTENT AND INTELLECTUAL PROPERTY

6.1 AI-generated content

The Service uses artificial intelligence to generate courses, lessons, briefings, quizzes, handouts, and other educational content ("AI Content"). You acknowledge that:

1. AI Content is generated algorithmically and may contain errors, inaccuracies, or outdated information;
2. AI Content should be reviewed by qualified educators before being presented to students as authoritative;
3. We make no warranty that AI Content is accurate, complete, current, or suitable for any particular educational purpose;
4. AI Content does not constitute professional, medical, legal, financial, or other expert advice.

6.2 Your content

You retain ownership of any materials you upload to the Service ("User Content"). By uploading User Content, you grant us a limited, non-exclusive, royalty-free license to process, store, and use that content solely for the purpose of providing the Service to you. We do not use your User Content to train AI models.

6.3 Our intellectual property

The Service, including its software, design, brand elements, AI systems, and all content we create, is owned by us or our licensors and protected by copyright, trademark, and other intellectual property laws. The name LOTSOG Learning, the medallion mark, and all associated brand elements are our trademarks. Nothing in these Terms grants you any right to use our trademarks without our prior written consent.

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us an irrevocable, perpetual, royalty-free right to use that feedback for any purpose without compensation or attribution to you.

6.5 DMCA

If you believe content on the Service infringes your copyright, please submit a notice to dmca@msi3.com including: identification of the copyrighted work; identification of the allegedly infringing material and its location; your contact information; a statement of good faith belief that the use is not authorized; and a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.

7. PRIVACY AND DATA

Your use of the Service is governed by our Privacy Policy at lotsog.com/privacy, our Children's Privacy Notice at lotsog.com/childrens-privacy (for users under 13), and, for institutional subscribers, our Data Processing Agreement. These documents are incorporated into these Terms by reference.

8. AI AND VOICE TUTOR DISCLOSURE

8.1 Nature of AI interaction

The AI voice tutor feature ("Voice Tutor") is an artificial intelligence system. It is not a human teacher, counselor, therapist, or licensed professional of any kind. Interactions with the Voice Tutor are:

1. Processed by AI systems that generate responses algorithmically;
2. Logged and may be reviewed for safety, quality, and improvement purposes as described in our Privacy Policy;
3. Not confidential in the same way as communications with a licensed professional.

8.2 Disclosure to minors

When a user under 18 accesses the Voice Tutor, we display a disclosure that they are interacting with an AI system, not a human. Users must acknowledge this disclosure before beginning a Voice Tutor session.

8.3 Limitations

The Voice Tutor is designed for educational purposes only. It is not designed to provide emotional support, mental health assistance, crisis intervention, or advice on personal matters outside of the learning context. If you or a student in your care is experiencing a crisis, please contact appropriate emergency services or a qualified professional.

9. DISCLAIMERS

9.1 No warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.2 Educational outcomes

WE DO NOT WARRANT OR GUARANTEE ANY SPECIFIC EDUCATIONAL OUTCOME, LEARNING RESULT, ACADEMIC IMPROVEMENT, OR PROFESSIONAL ADVANCEMENT AS A RESULT OF USING THE SERVICE. EDUCATIONAL OUTCOMES DEPEND ON MANY FACTORS OUTSIDE OUR CONTROL.

9.3 AI content accuracy

WE EXPRESSLY DISCLAIM ALL LIABILITY FOR THE ACCURACY, COMPLETENESS, OR CURRENCY OF AI-GENERATED CONTENT. AI CONTENT SHOULD NOT BE RELIED UPON AS THE SOLE SOURCE FOR ANY EDUCATIONAL, PROFESSIONAL, MEDICAL, LEGAL, OR OTHER DECISION.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF: (i) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED US DOLLARS ($100.00).

(b) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless LOTSOG Learning, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

1. Your violation of these Terms;
2. Your User Content;
3. Your violation of any applicable law or third-party rights;
4. Your use of the Service in connection with minors in violation of applicable law;
5. Geographic pricing misrepresentation as described in Section 4.4.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing law

These Terms are governed by the laws of the State of Illinois, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12.2 Informal resolution

Before initiating formal proceedings, you agree to contact us at legal@msi3.com and attempt to resolve the dispute informally for at least thirty (30) days.

12.3 Binding arbitration

Subject to Section 12.5, any dispute arising from or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

Arbitration will be conducted in Cook County, Illinois, or by telephone or video conference at either party's election. The arbitrator's decision will be final and binding.

12.4 Class action waiver

YOU AND LOTSOG LEARNING 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 CLASS OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims or preside over any form of class proceeding.

12.5 Exceptions

Either party may bring an individual action in small claims court. Either party may seek emergency injunctive relief in court to prevent harm pending arbitration.

13. TERMINATION

13.1 Termination by you

You may terminate your account at any time through account settings or by contacting support@msi3.com. Termination does not entitle you to a refund except as described in Section 4.5.

13.2 Termination by us

We may suspend or terminate your account immediately, with or without notice, if:

1. You materially breach these Terms;
2. You engage in conduct that poses a risk to other users, minors, or the integrity of the Service;
3. We are required to do so by law;
4. We determine that continued operation of your account creates legal or regulatory risk.

We will generally provide notice and an opportunity to cure non-material breaches before termination.

13.3 Effect of termination

Upon termination: (a) your right to access the Service ends immediately; (b) we will retain your data for thirty (30) days during which you may request an export; (c) after thirty days, your data will be deleted in accordance with our Privacy Policy; (d) provisions of these Terms that by their nature should survive (including Sections 6, 9, 10, 11, 12) will survive termination.

14. MODIFICATIONS TO THE SERVICE AND TERMS

14.1 Service changes

We may modify, suspend, or discontinue any feature of the Service at any time. We will provide reasonable notice of material changes that affect paid features.

14.2 Terms changes

We may update these Terms at any time. We will notify you of material changes via email and through a notice in the application at least thirty (30) days before the changes take effect. Your continued use after the effective date constitutes acceptance. If you do not accept the updated Terms, you must cancel your subscription and stop using the Service before the effective date.

15. GENERAL PROVISIONS

15.1 Entire agreement

These Terms, together with our Privacy Policy, Children's Privacy Notice, Fair Use Policy, and any applicable Data Processing Agreement, constitute the entire agreement between you and LOTSOG Learning regarding the Service and supersede all prior agreements.

15.2 Severability

If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

15.3 Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

15.4 Assignment

You may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

15.5 Force majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, acts of government, internet infrastructure failures, or AI model provider outages.

15.6 Contact

Questions about these Terms: legal@msi3.com
Billing questions: billing@msi3.com
Privacy questions: privacy@msi3.com
Security concerns: security@msi3.com
DMCA notices: dmca@msi3.com

LOTSOG Learning / MD3C, LLC
5800 N. Kilbourn Ave, Chicago, IL 60646
lotsog.com