Terms of Service

About these Terms

Effective date: November 6, 2026 · Last updated: November 6, 2026 · Version: 1.0.0

These Terms of Service (the "Terms") govern Your access to and use of MyHappySky at https://www.myhappysky.com (the "Service"), operated by AguiCorp, LLC, a Florida limited liability company with its principal place of business in Orange County, Florida ("AguiCorp," "we," "us," or "our"). MyHappySky is a public service by AguiCorp: free learning and communication tools for children with autism, with a focus on preschool through 3rd grade, and help for their parents.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A FORUM SELECTION CLAUSE REQUIRING ANY PERMITTED COURT ACTIONS TO BE BROUGHT EXCLUSIVELY IN ORANGE COUNTY, FLORIDA. SECTION 14 DESCRIBES YOUR RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS.

By clicking "I Agree," creating an account, or otherwise accessing or using the Service, You agree to be bound by these Terms. If You do not agree, You must not access or use the Service.

1. Definitions

1.1 "Account" means Your registered parent account on the Service.

1.2 "Content" means any text, data, images, audio, video, code, or other material transmitted through, uploaded to, or displayed on the Service.

1.3 "User Content" means Content submitted, posted, or transmitted by You or other users.

1.4 "AguiCorp Content" means Content owned, licensed, or created by AguiCorp or its affiliates.

1.5 "You" or "Your" means the parent or legal guardian accessing or using the Service, including on behalf of a child in their care, as Section 2.1 describes.

1.6 "Dispute" means any claim, controversy, or dispute between You and AguiCorp arising from or relating to these Terms, the Service, or any related transaction.

2. Eligibility

2.1 Who May Use the Service. The Service is designed for children and for the parents and legal guardians who care for them.

(a) Account holders. Only a parent or legal guardian who is at least 18 years of age, or the age of legal majority in Your jurisdiction, whichever is greater, may create or hold an Account, accept these Terms, or buy anything through the Service. When You create an Account, You confirm that You meet this requirement.

(b) Children. A child may use the parts of the Service that need no Account only with the permission, and under the supervision, of a parent or legal guardian. A child may not create or hold an Account, accept these Terms, or buy anything.

(c) Acceptance for the household. A parent or legal guardian who uses the Service, or lets a child in their care use it, accepts these Terms for themselves and on behalf of each such child, and is responsible for that child's use of the Service. In these Terms, "You" means that parent or legal guardian.

(d) Children's information. We collect personal information from or about a child only as our Privacy Policy and Children's Privacy Notice describe, and only after a parent or legal guardian has given verifiable consent where the law requires it.

2.2 By using the Service, You represent and warrant that You have the legal capacity to enter into these Terms.

2.3 If You are using the Service on behalf of an entity, You represent that You are authorized to bind that entity, and "You" refers to that entity.

2.4 We reserve the right to refuse service, terminate accounts, or deny access to any person at our sole discretion.

2.5 Territory. The Service is not offered to, and may not be used by, any person located in, or any entity established in, a member state of the European Union, the European Economic Area, or the United Kingdom. By using the Service, You represent and warrant that You are not located in, resident in, or established in any of those places, and that You will not use a VPN, proxy, or other means to disguise Your location in order to use the Service. We may block access from those places, and we may refuse, cancel, or terminate any order or Account that we reasonably believe is connected with them; where we cancel a paid order for this reason before delivery, we will refund it. We do not direct or market the Service to persons in those places.

3. Account Registration and Security

3.1 You agree to provide accurate, current, and complete information during registration and to keep it updated.

3.2 You are solely responsible for all activity under Your Account, including maintaining the confidentiality of Your credentials.

3.3 You must notify us immediately at [email protected] of any unauthorized access or security breach.

3.4 We are not liable for any loss resulting from Your failure to comply with this Section.

4. License to Use the Service

4.1 Subject to Your compliance with these Terms, AguiCorp grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for its intended purpose.

4.2 This license does not grant You any right to resell, redistribute, reverse engineer, decompile, scrape, or create derivative works of the Service or AguiCorp Content, except as expressly permitted in writing.

4.3 All rights not expressly granted are reserved by AguiCorp.

5. Acceptable Use Policy

5.1 You agree not to:

(a) Violate any applicable law, regulation, or third-party right;

(b) Upload or transmit any material that is unlawful, harmful, defamatory, obscene, infringing, or that we reasonably determine to be objectionable;

(c) Impersonate any person or entity or misrepresent Your affiliation;

(d) Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or any related systems;

(e) Use automated means (bots, scrapers, crawlers) to access the Service, except for publicly accessible content via a documented API with written permission. The license and update checks that AguiCorp's own software makes, as AguiCorp designed them, are permitted;

(f) Transmit viruses, malware, or other malicious code;

(g) Collect or harvest personal information of other users without their consent;

(h) Use the Service to send unsolicited communications or spam;

(i) Attempt to circumvent any security, authentication, rate-limiting, or access-control mechanism;

(j) Engage in any activity that we reasonably determine to be harmful to AguiCorp, other users, or third parties.

5.2 We reserve the right to investigate suspected violations, cooperate with law enforcement, and terminate accounts without notice for violations.

6. User Content

6.1 Ownership. You retain ownership of User Content You submit.

6.2 License to AguiCorp. You grant AguiCorp a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, create derivative works of, publish, perform, display, and distribute Your User Content solely for the purposes of operating, improving, promoting, and providing the Service. This license survives termination of Your Account for User Content that other users have interacted with or that is retained for legal, backup, or operational purposes.

6.3 Representations. You represent and warrant that You own or have the necessary rights to submit User Content and that it does not violate any law or third-party right.

6.4 No Obligation to Monitor. We have no obligation to monitor User Content but reserve the right to do so at our sole discretion.

6.5 Removal. We may remove, modify, or restrict access to any User Content at any time for any reason, including suspected violations of these Terms.

6.6 Section 230. AguiCorp acts as an interactive computer service provider under 47 U.S.C. § 230 and is not the publisher or speaker of User Content.

7. Intellectual Property

7.1 AguiCorp IP. The Service, AguiCorp Content, trademarks, service marks, logos, and all related intellectual property are owned by AguiCorp or its licensors and are protected by U.S. and international law.

7.2 No Grant. Nothing in these Terms grants You any right to use any AguiCorp trademark or branding without our prior written consent.

7.3 Feedback. Any suggestions, ideas, or feedback You provide to AguiCorp become our property without compensation to You.

7.4 DMCA. We comply with the Digital Millennium Copyright Act. Send copyright infringement notices to our designated DMCA agent at [email protected] (U.S. Copyright Office designation DMCA-1071130), following our DMCA Policy. We respond to properly submitted takedown notices and maintain a repeat-infringer termination policy.

8. Payments and Fees

8.1 If the Service includes paid features, You agree to pay all fees as described at the point of purchase.

8.2 Payment processing is handled through third-party providers; You agree to their terms in addition to these Terms.

8.3 Fees are non-refundable except as expressly stated or required by law.

8.4 We may change pricing at any time; changes to recurring fees take effect at the next billing cycle after notice.

8.5 You are responsible for all taxes associated with Your use of the Service, except for taxes based on AguiCorp's net income.

8.6 Failed or disputed payments may result in immediate suspension of Your Account.

9. Third-Party Services

9.1 The Service may integrate with or link to third-party services, websites, or content.

9.2 AguiCorp is not responsible for third-party services and does not endorse them.

9.3 Your use of third-party services is governed by their own terms, not these Terms.

10. Privacy

10.1 Your use of the Service is subject to our Privacy Policy and our Children's Privacy Notice, which are incorporated by reference.

10.2 By using the Service, You consent to the collection, use, and disclosure of information as described in the Privacy Policy. Nothing in these Terms replaces the separate, verifiable consent we ask a parent for before collecting personal information from or about a child.

11. Disclaimers

11.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

11.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGUICORP DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

11.3 WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE SECURE, OR BE FREE OF VIRUSES OR HARMFUL COMPONENTS.

11.4 ANY CONTENT OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM YOUR USE.

12. Limitation of Liability

12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGUICORP, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE, REGARDLESS OF LEGAL THEORY.

12.2 AGUICORP'S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO AGUICORP IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

12.3 THESE LIMITATIONS APPLY EVEN IF AGUICORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12.4 SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

13.1 You agree to defend, indemnify, and hold harmless AguiCorp, its affiliates, and their respective officers, directors, employees, and agents from and against any claim, loss, damage, liability, cost, and expense (including reasonable attorneys' fees) arising from or related to: (a) Your access to or use of the Service; (b) Your User Content; (c) Your violation of these Terms; (d) Your violation of any law or third-party right.

13.2 AguiCorp reserves the right to assume exclusive defense and control of any matter subject to indemnification; You agree to cooperate in such defense.

14. Dispute Resolution — Arbitration, Class Waiver, Jury Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

14.1 Informal Resolution (Required First Step)

Before initiating any formal proceeding, the party asserting a Dispute must send a written notice describing the Dispute and the relief sought to [email protected] (if sent by You) or to the email on file for Your Account (if sent by AguiCorp). The parties shall negotiate in good faith for sixty (60) days from receipt of such notice before proceeding to arbitration or any other forum. Compliance with this Section 14.1 is a condition precedent to initiating arbitration or litigation.

14.2 Governing Law

These Terms and any Dispute shall be governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of Section 14.3.

14.3 Mandatory Binding Arbitration

Except as provided in Sections 14.4, 14.5, and 14.6, all Disputes shall be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be seated in Orange County, Florida, conducted in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to decide all issues of arbitrability, except that a court shall decide any challenge to the enforceability of Sections 14.7 (Class Waiver) or 14.11 (Mass Arbitration).

14.4 Small Claims Exception

Either party may bring an individual action in small claims court located in Orange County, Florida, for Disputes within that court's jurisdictional limit (currently claims up to $8,000), in lieu of arbitration.

14.5 Injunctive and Equitable Relief Exception

Either party may bring an action in the state or federal courts located in Orange County, Florida, for temporary, preliminary, or permanent injunctive relief or other equitable relief to prevent irreparable harm, including to protect intellectual property, enforce confidentiality, or stop misuse of the Service.

14.6 Intellectual Property Enforcement Exception

AguiCorp may bring an action in any court of competent jurisdiction to enforce its intellectual property rights, including trademark, copyright, patent, and trade secret claims.

14.7 Class Action Waiver

ALL DISPUTES SHALL BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person and may not preside over any form of representative or class proceeding. If this Section 14.7 is found unenforceable as to any Dispute, that Dispute shall be severed from arbitration and brought in the courts specified in Section 14.5; the remainder of this Section 14 shall remain in force.

14.8 Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PERMITTED COURT ACTION.

14.9 Thirty-Day Opt-Out

You may opt out of Sections 14.3 (Arbitration) and 14.7 (Class Waiver) by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. The notice must include Your full name, email address associated with Your Account, and a clear statement that You decline arbitration. Opting out does not affect any other provision of these Terms. Opt-out is a one-time right; it does not apply to subsequent updates to the Terms unless You re-opt-out as to each material update.

14.10 Federal Law Carve-Out

Notwithstanding Section 14.3, claims alleging sexual assault or sexual harassment are excluded from mandatory arbitration pursuant to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. § 402), and may be brought in the courts specified in Section 14.5 at the claimant's election.

14.11 Mass Arbitration Bellwether Procedure

If twenty-five (25) or more similar arbitration demands are filed by or coordinated through the same counsel or law firm within a sixty (60) day period, the demands shall be grouped and the first ten (10) shall proceed as bellwether arbitrations. The remaining demands shall be stayed pending resolution of the bellwethers, after which the parties shall participate in a mediation to resolve the remaining demands using the bellwether results as reference. Statutes of limitation shall be tolled for all stayed demands during the bellwether and mediation process.

14.12 Costs

The AAA Consumer Arbitration Rules govern the allocation of arbitration costs. Nothing in this Section limits any party's right to recover attorneys' fees where authorized by law.

14.13 Confidentiality

The existence and content of any arbitration shall be kept confidential by the parties, except as necessary to prepare for or conduct the arbitration, enforce the award, or comply with applicable law.

15. Modification of Terms

15.1 Right to Amend. AguiCorp reserves the unrestricted right, at its sole discretion, to modify, amend, update, supplement, or replace these Terms (including any addendum, policy, or document incorporated by reference) at any time and for any reason, with or without cause. This right is a material part of the consideration AguiCorp receives for providing the Service.

15.2 Notice. We will provide notice of material changes by one or more of the following methods: (a) posting the revised Terms on the Service with an updated "Last Updated" date; (b) displaying an in-Service notice; (c) sending notice to the email address on file for Your Account; or (d) any other reasonable means. Non-material changes (clarifications, typographical corrections, formatting, and similar non-substantive edits) may be made without notice.

15.3 Effective Date of Changes. Unless stated otherwise, material changes take effect thirty (30) days after the earlier of (a) posting the revised Terms or (b) the notice described in Section 15.2. Non-material changes take effect immediately upon posting.

15.4 Acceptance by Continued Use. Your continued access to or use of the Service after the effective date of a change constitutes Your acceptance of the revised Terms. If You do not agree to the revised Terms, Your sole remedy is to stop using the Service and close Your Account before the effective date.

15.5 No Obligation to Preserve Prior Versions. AguiCorp maintains an internal version history of these Terms. You are responsible for reviewing the current Terms before each use. We are under no obligation to provide prior versions to You except as required by applicable law.

15.6 Arbitration Changes. Changes to Section 14 (Dispute Resolution) do not apply to Disputes for which a party had actual notice on the date the change takes effect. A new thirty-day opt-out window under Section 14.9 applies to each material change to Section 14.

15.7 No Waiver. Our failure to enforce any provision at any time does not waive our right to enforce it later. No modification to these Terms by You is effective unless signed in writing by an authorized officer of AguiCorp.

16. Termination

16.1 By You. You may terminate Your Account at any time by following the account-closure process in the Service or by contacting us through /help/contact or at [email protected].

16.2 By AguiCorp. We may suspend, limit, or terminate Your Account or access to the Service at any time, for any reason or no reason, with or without notice, at our sole discretion.

16.3 Effect of Termination. Upon termination: (a) Your license to use the Service ends immediately; (b) we may delete Your User Content and Account data, subject to legal retention obligations; (c) Sections 6.2 (surviving license), 7, 11, 12, 13, 14, 15, 16.3, 17, and 18 survive termination.

16.4 No Refunds. Termination does not entitle You to a refund of any fees paid, except as expressly stated or required by law.

17. General Provisions

17.1 Entire Agreement. These Terms, together with any incorporated policies and addenda, constitute the entire agreement between You and AguiCorp and supersede all prior agreements.

17.2 Severability. If any provision is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The remaining provisions shall remain in full force. The parties specifically intend that if any single provision of Section 14 is held unenforceable, the remaining provisions of Section 14 shall continue in force to the maximum extent permitted by law.

17.3 Assignment. You may not assign or transfer these Terms without our prior written consent. AguiCorp may assign these Terms freely, including to an affiliate or successor.

17.4 No Agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship.

17.5 Force Majeure. AguiCorp is not liable for any delay or failure to perform caused by events beyond its reasonable control.

17.6 Notices to AguiCorp. All legal notices must be sent to [email protected] with a copy to AguiCorp, LLC, P.O. Box 620101, Orlando, FL 32862, USA. Notices to You may be sent to the email on file for Your Account.

17.7 Headings. Section headings are for convenience only and do not affect interpretation.

17.8 Export Compliance. You agree to comply with all applicable U.S. export control and sanctions laws.

17.9 Government Users. If You are a U.S. government user, the Service is a "commercial item" as defined in 48 C.F.R. 2.101 and is licensed with only those rights granted to all other end users under these Terms.

17.10 Electronic Communications and Signatures. You consent to receive communications from us electronically. Your clickwrap acceptance constitutes an electronic signature under the E-SIGN Act (15 U.S.C. §§ 7001 et seq.) and Florida Statutes Chapter 668.

17.11 Language. These Terms are drafted in English. Any translation is for convenience only; the English version controls.

18. Contact

AguiCorp, LLC P.O. Box 620101, Orlando, FL 32862, USA

• Phone (voice messages): 407-751-1551. Calls are answered by an automated assistant and are recorded and transcribed.
• General: the contact form at /help/contact
• Legal: [email protected]
• Privacy: [email protected]
• DMCA Agent: [email protected] (DMCA-1071130)
• Security: [email protected]

MyHappySky Addendum

A1. What MyHappySky is. MyHappySky offers free tools for children, such as a talk board, a daily schedule, timers, stories, routines and early learning activities, and help for parents. The free tools work without an Account. A parent may create an optional Account and buy an optional parent subscription that adds server history: syncing and backing up a child's progress across the parent's devices.

A2. Acceptable use. In addition to Section 5, You agree: (a) to supervise any child who uses the Service; (b) not to let a child create an Account, buy anything, or accept these Terms; (c) not to try to reach any other family's account, child profile, or progress history; and (d) not to use the Service to collect personal information from any child.

A3. Fees and payment. The free tools are free and never charge You. The parent subscription is sold through BillingSky, AguiCorp's billing service, and card payments are processed by Stripe; card numbers never reach MyHappySky's servers. Prices are shown at checkout before tax, and applicable tax is added at checkout. You may cancel at any time; cancellation takes effect at the end of the period You have paid for, and You keep the subscription features until then. Refunds are governed by our Refund Policy, which is part of these Terms. BillingSky sends Your payment receipts.

A4. Data on Your device. Everything a child does in the free tools (including talk board choices, schedules, settings, the child's nickname, picture choice and age band, and progress and scores if a parent turns tracking on) is saved only in the web browser's storage on that device. It is not sent to our servers unless You have a parent subscription and have given verifiable parental consent for server history. Clearing Your browser's data, using a private browsing window, or changing devices can erase it, and we cannot recover it for You. Download a backup file from the parent portal to keep a copy.

A5. Disclaimers. MyHappySky is an educational and communication aid. It is not medical, therapeutic, psychological, speech-language, or educational treatment or advice, and it does not replace care from a qualified professional, such as a speech-language pathologist, physician, therapist or teacher. The help articles for parents are general information, not medical or legal advice. Progress shown in the parent portal is a guide, not an assessment or a diagnosis. The tools depend on Your device and browser, including the speech voice they provide, and may not work the same way on every device.

A6. Service levels. We offer no uptime commitment or support service level. Reach us through /help/contact.