1. Acceptance of Terms
Welcome to Boost. These Terms, Conditions, and Standards of Use (the "Terms") form a binding agreement between you ("you," "User," or "Subscriber") and Boost Ed LLC ("Boost," "we," "us," or "our"), the operator of the Boost platform, mobile application, website, curriculum, video content, and related services (collectively, the "Service").
By creating an account, starting a Trial, purchasing a subscription, or otherwise accessing the Service, you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy. If you do not agree, you may not use the Service.
PLEASE READ CAREFULLY — THESE TERMS INCLUDE A 7-DAY TRIAL AUTO-ENROLLMENT, AN AUTOMATIC ANNUAL RENEWAL, A NO-REFUND POLICY, CONTENT-USE RESTRICTIONS, AND A BINDING ARBITRATION CLAUSE.
2. Definitions
3. Eligibility and Account Registration
You must be at least 18 years of age and capable of entering into a binding contract to register for the Service. If you are registering on behalf of an organization (such as a school or district), you represent that you are authorized to bind that organization to these Terms.
You agree to provide accurate, current, and complete information, to keep that information updated, and to maintain the confidentiality of your login credentials. You are responsible for all activity that occurs under your account.
4. Trial
4.1 Trial Length
Boost offers a seven (7) day Trial of the Service beginning on the date you start your Trial. Your payment method is captured at Trial start; no charge is made until the end of the Trial (day eight).
4.2 Trial Lesson Access
During the Trial, you receive limited preview access to the curriculum library. Specifically, you may access exactly two (2) lessons:
All other lessons remain visible in the catalog but locked during the Trial. Lesson selections made during the Trial are final for the duration of the Trial and may not be changed.
4.3 Trial Limits
The Trial is limited to one (1) Trial per person, per household, and per payment method. We reserve the right to refuse, modify, or terminate a Trial at our sole discretion, including where we suspect abuse or duplicate enrollment.
4.4 Automatic Enrollment After Trial
AUTO-ENROLLMENT NOTICE: If you do not cancel before the end of the 7-day Trial, you will be automatically enrolled in a paid annual Subscription, and the payment method you provided at signup will be charged the then-current annual Subscription fee.
You may cancel the Trial at any time before the end of the seventh (7th) day by following the cancellation steps in your account settings or by emailing support at the address in Section 20. Upon timely cancellation, you will not be charged.
5. Subscription, Billing, and Automatic Renewal
5.1 Annual Subscription
Paid access to the Service is sold as a twelve (12) month (one-year) Subscription. Upon enrollment (either at the close of the Trial or at direct purchase), you receive full access to the Service for the twelve-month Subscription term.
5.2 Automatic Annual Renewal
AUTO-RENEWAL: YOUR ANNUAL SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH YEAR ON YOUR ANNIVERSARY DATE FOR SUCCESSIVE ONE-YEAR TERMS AT THE THEN-CURRENT RENEWAL PRICE, UNLESS YOU CANCEL AT LEAST 3 DAYS BEFORE THE RENEWAL DATE.
By starting a Trial or purchasing a Subscription, you authorize Boost (and our payment processor) to charge your payment method on file for each renewal term. You can view your renewal date and manage or cancel auto-renewal at any time in your account settings.
5.3 Pricing Changes
We may change Subscription pricing for any future renewal term. We will provide written notice of any price increase by email at least thirty (30) days before the renewal date. If you do not wish to renew at the new price, you may cancel before the renewal date.
5.4 Payment Method and Taxes
All payments are processed by our third-party payment processor. You are responsible for all applicable taxes. If your payment method fails, we may suspend your access until payment is resolved.
6. Cancellation and No-Refund Policy
6.1 Cancellation
You may cancel your Trial or Subscription at any time through the billing portal in your account settings. Cancellation stops future renewals but does not entitle you to a refund of any amount already paid, including for the unused portion of a current Subscription term.
6.2 No Refunds
All Subscription charges are final and non-refundable. This includes first-time annual charges and every automatic annual renewal. If you cancel mid-term, you retain access through the end of the paid Subscription period; you will not receive a partial refund.
6.3 Renewal Charge Disputes
If you believe a renewal charge was made in error or was not reflected by adequate notice under Section 5.3, you may submit a written dispute to support within seven (7) days of the renewal charge appearing on your statement. We will review the dispute in good faith and respond within fifteen (15) business days. Where renewal notice was demonstrably not provided or your cancellation was timely but not processed, we will issue a full refund limited to that renewal charge.
6.4 No Refunds for Acceptable-Use Violations
Refunds will not be issued where access has been suspended or terminated due to a violation of Section 7 (Acceptable Use) or Section 8 (Content Restrictions).
7. Acceptable Use
You agree to use the Service only for its intended educational and personal-development purposes, and only in compliance with applicable laws. You agree NOT to:
8. Content Ownership and Use Restrictions
8.1 Ownership
All Content on the Service is owned by Boost Ed LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. No ownership rights are transferred to you by these Terms.
8.2 Limited License
Subject to your compliance with these Terms and payment of all applicable fees, Boost grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Content for personal, non-commercial educational purposes within the Boost platform only.
8.3 Prohibited Content Activities
YOU MAY NOT SCREENSHOT, SCREEN-RECORD, DOWNLOAD, COPY, REDISTRIBUTE, RETRANSMIT, PUBLISH, OR USE BOOST CONTENT ANYWHERE OUTSIDE THE BOOST PLATFORM WITHOUT OUR PRIOR EXPRESS WRITTEN PERMISSION.
Without limiting the foregoing, you specifically agree NOT to:
8.4 Permission Requests
To request permission to use Content outside the Service (for example, classroom display, conference use, or partner integration), email the address in Section 20 with a description of the intended use. Use without written permission is a material breach of these Terms and may result in immediate termination and legal action.
8.5 Enforcement
Boost uses technical and legal measures to protect Content. Violations may result in suspension or termination of your account, claims for monetary damages (including statutory damages under the Copyright Act), and referral to law enforcement where appropriate.
9. User-Submitted Content
If you submit feedback, quiz responses, comments, images, or other materials to the Service ("User Content"), you grant Boost a worldwide, non-exclusive, royalty-free, sublicensable license to use, store, reproduce, and display the User Content solely to operate, improve, and promote the Service. You represent that you own or have the rights to submit your User Content and that it does not violate any law or third-party right.
10. Privacy and Data
Our collection and use of personal information is described in our Privacy Policy, which is incorporated by reference into these Terms. You acknowledge that you have read the Privacy Policy and consent to the practices described therein.
You acknowledge specifically that Boost stores no personal information about children. Boost accounts are created and operated by parents; lesson completions, quiz responses, and portfolio records are attributed to the parent's account, not to any child. Where a state portfolio requires a student's name, the parent adds it to the printed report themselves.
11. Educational Standards and User Compliance Responsibility
11.1 No State-Specific Certification
Boost does not certify or warrant that the Service satisfies any particular state-level academic standard, district-level scope-and-sequence requirement, grading framework, assessment requirement, attendance requirement, instructional-minutes requirement, or other state or local educational mandate.
11.2 User Responsibility for State Reporting and Compliance
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF BOOST SATISFIES ALL APPLICABLE STATE, DISTRICT, AND LOCAL EDUCATIONAL STANDARDS, REPORTING REQUIREMENTS, AND COMPLIANCE OBLIGATIONS — INCLUDING ANY CURRICULUM, ASSESSMENT, INSTRUCTIONAL-TIME, OR DOCUMENTATION REQUIREMENTS APPLICABLE TO YOUR JURISDICTION.
Without limitation, you are responsible for (a) verifying that the curriculum you select from Boost meets your jurisdiction's requirements, (b) producing any state or district reporting documentation, (c) maintaining records of student participation and outcomes, and (d) supplementing Boost Content with any additional instruction needed to meet local requirements. Boost provides curriculum content and tooling; it does not provide compliance certification.
12. Health, Safety, and Educational Disclaimers
12.1 Not Medical, Diagnostic, or Therapeutic Advice
Boost Content is for general educational and physical-literacy purposes only. It is not medical, diagnostic, therapeutic, psychological, or nutritional advice, and it is not a substitute for consultation with a qualified pediatrician, healthcare provider, licensed teacher, therapist, or other credentialed professional. Before beginning any physical activity, nutritional practice, or mental-health practice described in Boost, consult a qualified pediatrician, healthcare provider, or licensed teacher — especially if the child has or has ever had a health condition, injury, developmental difference, disability, sensitivity, allergy, or any other concern. If you are in any doubt about whether a Boost activity is appropriate for a specific child, do not proceed until you have consulted a qualified professional.
12.2 No Disability-Specific or Adaptive Programming
Boost is a general K-5 physical education and health curriculum. It is not designed, evaluated, or certified as adaptive physical education, special education, occupational therapy, physical therapy, or a therapeutic program for children with disabilities, developmental differences, chronic health conditions, or acute injuries. Boost does not provide disability-specific modifications, IEP or 504-Plan-aligned instruction, or specialized clinical guidance. If your child has such needs, consult a qualified specialist (physical therapist, occupational therapist, adaptive PE instructor, pediatrician, or other credentialed provider) to determine which, if any, Boost activities are safe and appropriate for that child.
12.3 Assumption of Risk; No Liability for Injury
Physical activity carries inherent risks, including the risk of injury. You acknowledge and agree that: (a) you have the sole responsibility to assess whether each Boost activity is appropriate and safe for the specific child performing it; (b) you assume all risks of injury, illness, harm, or damage — physical or otherwise — arising from participation in Boost activities by you, your child, or any person you supervise; (c) Boost Ed LLC does not screen, assess, or clear participants for fitness to perform any activity; and (d) to the maximum extent permitted by law, Boost Ed LLC is not responsible for any injury, illness, aggravation of a pre-existing condition, property damage, emotional distress, or other harm arising out of use of Boost Content or the Service.
12.4 Supervision of Minors
If the Service is used by or for a minor, a responsible adult (parent, guardian, or qualified educator) must supervise activity. Boost is not responsible for unsupervised use.
12.5 Service Provided "As Is"
EXCEPT WHERE PROHIBITED BY LAW, THE SERVICE AND CONTENT ARE 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. BOOST DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOST ED LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SERVICE.
BOOST'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BOOST IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the foregoing limitations apply only to the extent permitted by law.
14. Indemnification
You agree to defend, indemnify, and hold harmless Boost Ed LLC, its members, officers, employees, agents, contractors, and partners from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law or third-party right, (d) your failure to satisfy state or local educational compliance obligations as described in Section 11, or (e) any unauthorized use or distribution of Content by you.
15. Suspension and Termination
We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or to protect the Service or other users. Upon termination, your right to access the Service ends immediately; provisions that by their nature survive termination (including Sections 8, 11, 13, 14, and 17) shall survive.
16. Changes to the Service or Terms
We may modify the Service or these Terms at any time. Material changes to these Terms will be communicated by email and/or in-app notice at least fifteen (15) days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
17. Dispute Resolution, Governing Law, and Arbitration
17.1 Governing Law
These Terms are governed by the laws of the State of Maryland, without regard to its conflicts-of-laws principles.
17.2 Informal Resolution
Before filing any formal claim, you agree to first contact Boost in writing and attempt to resolve the dispute informally for at least thirty (30) days.
17.3 Binding Arbitration
Any dispute not resolved informally shall be submitted to binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Talbot County, Maryland. The arbitrator's decision shall be final and binding.
17.4 Class Action Waiver
YOU AND BOOST AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
17.5 Small Claims and Injunctive Relief
Notwithstanding the above, (a) either party may bring an individual claim in small-claims court in Talbot County, Maryland, and (b) Boost may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property.
18. Miscellaneous
18.1 Entire Agreement
These Terms, together with the Privacy Policy and any order forms or supplemental terms presented to you, constitute the entire agreement between you and Boost regarding the Service.
18.2 No Waiver
Our failure to enforce any provision is not a waiver of that or any other provision.
18.3 Severability
If any provision is held unenforceable, the remaining provisions shall continue in full force, and the unenforceable provision shall be modified only to the extent necessary to make it enforceable.
18.4 Assignment
You may not assign these Terms without our prior written consent. Boost may assign these Terms in connection with a merger, acquisition, or sale of assets.
18.5 Force Majeure
Boost is not liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, network failures, labor disputes, or governmental actions.
18.6 Relationship of Parties
Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Boost.
18.7 Headings
Section headings are for convenience only and do not affect interpretation.
19. Your Acknowledgment
By starting a Trial, purchasing a Subscription, or otherwise using the Service, you acknowledge and agree that:
20. Contact Information
Questions, cancellation requests, refund requests, and permission inquiries should be sent to:
Boost Ed LLC
Attention: Customer Support
Email: info@boost-basics.com
Mailing Address: 204 East Earle Ave, Easton, MD 21601