Tile Farm School Sponsorship Terms

Purpose.
Tile Farm offers needs-based scholarships to expand access for high-need and rural schools while ensuring consistent, documented practices.

Eligibility (any one qualifies).
(a) Title I schoolwide; (b) Community Eligibility Provision (CEP); (c) ≥70% free/reduced-price lunch; (d) Rural school enrollment ≤250; or (e) documented hardship.

Award.
Fee waiver of 50–100% for the current school year (through June 30, or the district’s last instructional day), covering teacher accounts and up to the stated number of student seats in the approval email.

What’s included.
Access to Tile Farm applications and teacher dashboards; standard product updates; email support.

School commitments.

  1. Assign a site administrator to coordinate onboarding and teacher access.
  2. Participate in one 20-minute feedback call per term.
  3. Permit Tile Farm to use de-identified aggregate usage data for product improvement and to report non-identifiable impact metrics (e.g., total sessions completed).

Privacy & data protection.
Tile Farm complies with applicable student-data laws (e.g., FERPA and COPPA). We do not sell student data, and we do not use student personal information for targeted advertising. A Data Processing Addendum is available upon request.

No purchase required.
Scholarships are awarded based on stated criteria. Optional contributions (e.g., 50% rate) are welcome but not required and do not affect eligibility.

Term & renewal.
Scholarships expire at the end of the current school year unless extended in writing. Renewal is contingent on continued eligibility and available scholarship capacity.

Brand & communications.
Schools may reference the sponsorship internally and externally. Tile Farm may reference the school by name as a scholarship participant only with prior written consent.

Revocation.
Tile Farm may discontinue a scholarship for material breach of these terms or misuse of the service, after written notice and a reasonable cure period.Acceptance. By accepting the scholarship via email or e-signature, the school agrees to these terms.

Terms of Use

PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY TILE FARM INC. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, WHICH FORMS A LEGALLY BINDING CONTRACT BETWEEN YOU AND TILE FARM INC. IF YOU DO NOT UNCONDITIONALLY ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.

This clause does not apply to consumers residing in Quebec acting in their individual capacity: THIS AGREEMENT INCLUDES A PROVISION REQUIRING YOU TO RESOLVE ALL DISPUTES WITH TILE FARM ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

This Agreement governs your use of Tile Farm’s educational games, such as Tile Farm Academy and other experiences, as well as our website, mobile applications, and any other services that Tile Farm Inc. (“Tile Farm,” “Company,” “we,” or “us”) makes available at tilefarm.com or through any other domain or platform linking to this Agreement (collectively, the “Services”). In this Agreement, “you” refers to a User of the Services (as defined below).

Your use of the Services may also be subject to additional terms, policies, or guidelines specific to certain features or offerings. Any such terms provided to you in connection with your use of the Services are incorporated by reference and form part of this Agreement.

Amendments

Because our Services may evolve over time, the terms of this Agreement may also change. To the fullest extent permitted by applicable law, Tile Farm may amend, in whole or in part, the following sections of these Terms: (i) Amendments, (ii) User accounts, (iii) Use of the Services, (iv) Prohibited Conduct, (v) Acceptable Use and Code of Conduct, (vi) Fees, Payment and Renewing Subscriptions, (vii) Tile Farm Content and Intellectual Property Rights, (viii) Important Health Warning About Photosensitive Seizures, (ix) Privacy, (x) Advertising, (xi) Third-Party Services, (xii) Governing Law, (xiii) Arbitration and Dispute Resolution; Class Action Waiver, (xiv) Indemnity, (xv) Warranty Disclaimer, (xvi) Limitation of Liability, (xvii) Termination, (xviii) Miscellaneous, (xix) Contact.

If we update this Agreement, we will notify Users at least thirty (30) days before the changes take effect. Notification will be made by posting the updated Agreement on our website and updating the “Effective Date.” If you have an account, we will also communicate any material changes—such as those that significantly increase your obligations or reduce Tile Farm’s responsibilities—via the contact information linked to your Parent or Educator account, or by displaying an alert when you log into the Services.

User Accounts

We currently offer accounts to the following types of individuals or organizations who use the Services (each a “User,” and collectively, “Users”):

  • “Student Users” or “Students” – a child and/or student who uses the Services.
  • “Home Users” or “Parent Users” or “Parents” – including parents and legal guardians of Student Users.
  • “Classroom Users” or “Educator Users” or “Educators” – a teacher, administrator, or other school official who creates an Educator account to use the Services, including those with the ability to add Student User accounts.

An Educator affiliated with an educational institution must obtain the institution’s authorization before using Tile Farm with its students. Educators are also responsible for securing any necessary permissions from their institution and from Parents to use the Services and to provide information through the Services.

When a User visits our website or downloadable application, we ask them to identify themselves as a Student, Parent, or Educator. Parents and Educators may create accounts that can be linked to Student accounts. Students are then directed to log in or create an account with a class code, link, or other secure method provided by the registered Parent of Educator to access the learning activities.

Each Student User account may be linked to one or more Parent or Educator accounts to support learning both in and outside of the classroom. Any linked Parent or Educator Users will have access to the Student’s account information, including activity logs and progress. Parent and Educator Users are responsible for the behavior and use of Student Users associated with their accounts.

Use of the Services

Users must use the Services in accordance with this Agreement and all applicable local, provincial, state, national, and international laws, rules, and regulations. The Services—including all content, features, and functionality—are owned by Tile Farm or its licensors. Subject to the terms of this Agreement, Tile Farm grants you a limited, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use only. This license does not grant any rights to third-party use or benefit. We reserve all rights not expressly granted under this Agreement. Tile Farm may impose limits on certain features or restrict your access to parts or all of the Services at its sole discretion, without notice.

You are solely responsible for all activity that occurs through your account, for safeguarding your account credentials, and for limiting access to your account and device. If you suspect unauthorized access or that your account has been compromised, you must notify us immediately using the contact information provided at the end of this Agreement.

Parent and Educator Users who create or are linked to Student accounts are responsible for the acts and activities of the minor children associated with those accounts. This Agreement, along with Tile Farm’s Privacy Policy for Students, governs all such use by minor children.

Prohibited Conduct

By using the Services, you agree not to engage in, conspire to engage in, or facilitate any fraudulent, abusive, harmful, or otherwise illegal activity. Any such conduct may result in the immediate suspension or termination of your right to access or use the Services. Hacking or attempting to harm the integrity or functionality of the Services is strictly prohibited.

Specifically, you agree that you will not:

  • Post or transmit, or attempt to post or transmit, any communication or solicitation intended to obtain passwords, account credentials, or private information from other Users;
  • Use the Services to violate any computer or network security measures, to transfer or store illegal, threatening, or obscene material, or to engage in any unlawful activity;
  • Use any automated or non-automated system—including but not limited to “spiders,” “robots,” “offline readers,” or “scrapers”—to copy, distribute, access, or interfere with the Services, or place an unreasonable load on our infrastructure;
  • Activate or run any mailing list, Listserv, auto-responder, or “spam” on or through the Services;
  • Attempt to interfere with or decipher any communications between the Services and their servers;
  • Transmit malicious software, viruses, or harmful code through the Services;
  • Use the Services for any form of unauthorized commercial solicitation;
  • Interfere with the normal operation or security of the Services; or
  • Bypass, disable, or circumvent any measures Tile Farm uses to control or restrict access to the Services.

Acceptable Use and Code of Conduct

By using the Services, you agree to follow these rules of conduct:

  • You will not use the Services to violate another person’s privacy or unlawfully collect, use, or share personal information about other users without proper consent.
  • You will not bully, harass, intimidate, threaten, or otherwise cause harm to any user or third party while using the Services.
  • You will not upload, post, transmit, or distribute any content that constitutes hate speech; is discriminatory, defamatory, pornographic, obscene, or threatening; incites violence; depicts nudity or gratuitous violence; or is otherwise offensive or objectionable as reasonably determined by Tile Farm.
  • You will not use the Services in any way that disparages, damages, or misrepresents Tile Farm or its affiliated brands.
  • You will not impersonate any Tile Farm employee, representative, or any other individual, nor misrepresent your identity or affiliation with another person or entity.
  • You will not use the Services in a manner that is harmful to minors. This includes posting or transmitting any content that violates child protection laws or is exploitative, sexual, or otherwise inappropriate for minors.
  • You will not use the Services for any unlawful purpose or in any way that falls outside the intended educational scope of the platform. Tile Farm reserves sole discretion to determine what constitutes misuse of the Services.

Violating any of these terms may, at Tile Farm’s sole discretion, result in the immediate suspension or termination of your account and access to the Services.

User-Generated Contributions

The Services may allow you to engage in interactive features such as chats, blogs, message boards, forums, or other community tools, and may provide opportunities to create, submit, post, display, transmit, publish, or otherwise share content with us or other users (“Contributions”). These Contributions may include text, images, videos, audio, graphics, comments, suggestions, personal information, or other materials, and may be publicly viewable on the Site or via third-party platforms.

By submitting Contributions, you also grant Tile Farm a non-exclusive, worldwide, royalty-free license to use, display, reproduce, adapt, modify, publish, or distribute any content you create using Tile Farm’s Services for the purpose of promoting, improving, or demonstrating our Services.

By submitting any Contributions, you acknowledge and agree that they may be treated as non-confidential and non-proprietary, and you represent and warrant that:

  • Your Contributions do not link to or reference content that violates any part of these Terms of Use.
  • You are the original creator of the Contributions or have all necessary rights, licenses, consents, and permissions to submit them and grant the rights outlined in these Terms.
  • Your Contributions do not infringe upon any third party’s intellectual property, privacy, publicity, or moral rights.
  • You have obtained valid written consent from any identifiable individuals featured in your Contributions, allowing their name or likeness to be used as intended.
  • Your Contributions are not false, misleading, or deceptive.
  • Your Contributions do not contain unsolicited promotions, advertisements, spam, pyramid schemes, chain letters, or other forms of solicitation.
  • Your Contributions are not obscene, offensive, harassing, defamatory, violent, threatening, or otherwise objectionable, as determined by us.
  • Your Contributions do not encourage harm, advocate unlawful violence, or incite others to engage in illegal acts.
  • Your Contributions comply with all applicable local, state, national, and international laws and regulations.
  • Your Contributions do not violate any individual’s rights to privacy or publicity.
  • Your Contributions do not exploit or solicit personal data from minors or contain any material that is inappropriate for individuals under the age of 18.
  • Your Contributions do not contain hate speech, discriminatory language, or offensive content related to race, nationality, gender, sexual orientation, or disability.

Patent Protection and Prohibited Imitation

Certain features and interaction mechanics within the Services are protected by one or more U.S. and international patents owned by Tile Farm Inc. These patents cover, among other elements, the unique ways in which in-game assets orient, multiply, and interact to support learning. Any attempt to reproduce, reverse engineer, simulate, or otherwise replicate these protected mechanics—whether for commercial, educational, or experimental purposes—without prior written authorization from Tile Farm is strictly prohibited. Unauthorized use of patented elements may result in legal action, including but not limited to claims for injunctive relief, damages, and attorney’s fees. Tile Farm reserves all rights to protect its intellectual property and will pursue enforcement to the fullest extent permitted by law against any individual or entity that infringes on these rights.

Tile Farm Content and Intellectual Property Rights

The Services—and all content, features, and functionality they contain—are the intellectual property of Tile Farm Inc. or its licensors. This includes, but is not limited to, all software, code, text, graphics, images, audio, video, animations, layouts, user interfaces, and the selection and arrangement of content (collectively, the “Tile Farm Content”). These materials are protected by applicable U.S. and international laws, including copyright, trademark, and other intellectual property laws.

The Services and all Tile Farm Content are intended solely for personal, non-commercial use in accordance with this Agreement. Your use of the Services does not transfer any ownership or proprietary rights. All such rights remain with Tile Farm or its licensors, except where specifically stated otherwise, such as for certain User Content created or uploaded by educational institutions, which remains the property of the institution.

You agree that you will not, and will not assist or permit any third party to:

  • License, rent, lease, sell, transfer, distribute, or otherwise provide access to the Services or Tile Farm Content;
  • Build, support, or assist others in building products or services that compete with the Services or replicate their core mechanics, interface, or design;
  • Copy, store, reproduce, modify, translate, publish, transmit, display, create derivative works from, license, or otherwise exploit the Services or Tile Farm Content beyond what is expressly permitted under this Agreement;
  • Decompile, reverse engineer, disassemble, or otherwise attempt to access the source code of the Services or underlying technology;
  • Circumvent or disable any security or access control measures;
  • Remove, obscure, or alter any copyright, trademark, or other legal notices on the Services or within the Tile Farm Content.

Limited exceptions apply, such as: (i) caching by your browser or device for personal use; (ii) using permitted sharing functions on third-party platforms as enabled by Tile Farm; or (iii) downloading one copy of a mobile application, for personal, non-commercial use, provided all proprietary notices remain intact.

Tile Farm is not liable for any damages, errors, or omissions resulting from your access to or reliance on Tile Farm Content.

Feedback

To help improve the Services, Tile Farm may occasionally request or receive feedback, suggestions, or testimonials from Users (“Feedback”). Providing Feedback is always optional and does not affect your access to the Services. By submitting any Feedback, you assign all rights, title, and interest in such material to Tile Farm and waive any associated moral rights. Tile Farm may use this Feedback in any way, including without limitation for commercial, development, or promotional purposes, without notice or compensation to you.

Fees, Payment, and Renewing Subscriptions

Fees and Payment

Some features of the Services require payment, including subscriptions to certain premium offerings. Tile Farm reserves the right to adjust pricing for future subscription periods, provided that you are notified in advance in accordance with applicable law. For one-time purchases or non-subscription fees, we will notify you before any price changes take effect.

All payments must be made in accordance with the terms in effect at the time payment is due. From time to time, we may offer promotional trials, time-limited discounts, or other special offers. If you register through such an offer, your access and usage rights will be governed by the specific terms of that offer, including its expiration or renewal conditions. If applicable fees are not paid, access to the associated features may be suspended or revoked. Unless otherwise noted, all payments made for Services are non-refundable to the fullest extent permitted by law.

You must use a valid credit card or an approved third-party payment method (such as those provided via app stores) to activate and maintain access to paid Services. You are responsible for paying all applicable fees and taxes. If your payment is declined or not received, you agree to pay the full amount owed upon demand and to resolve any issues directly with your payment provider. We reserve the right to retry the payment method on file for any unpaid balance, but you will never be charged more than the amount agreed upon.

Tile Farm does not store your credit card information directly. All payment processing and storage is handled by secure third-party providers. In the event of a data breach involving a payment processor, Tile Farm bears no responsibility or liability for any resulting impact on your information.

Subscription and Renewal

By subscribing to a paid Tile Farm Service, you authorize us to automatically renew your subscription for the same term (e.g. monthly, yearly) at the then-current rate unless you cancel your subscription before the renewal date. We will charge your selected payment method on file at the start of each renewal period.

For users residing in Quebec: All subscriptions are considered open-ended and continue until canceled or terminated in accordance with this Agreement. Billing will follow the selected frequency (e.g., monthly or annually), but is not subject to automatic renewal in the legal sense.

Subscription Cancellation

You may cancel your subscription at any time to avoid future charges. Cancellation options include managing your subscription through your Parent or Educator account, contacting our support team, or adjusting your subscription settings through the third-party app store (if purchased there).

If you cancel prior to your next billing date, you will not be charged for another term. Your access to the Services will continue through the remainder of the current prepaid subscription period. After that, your access to premium features will end, but you may continue to use any free features that do not require a paid subscription.

For Quebec residents, no additional subscription fees will be charged following cancellation.

Important Health Warning About Photosensitive Seizures

A small percentage of individuals may experience seizures when exposed to certain visual effects, including flashing lights or repetitive patterns, which can appear in video games or other screen-based activities. These seizures—known as photosensitive epileptic seizures—can occur even in individuals with no prior history of epilepsy or seizures.

If you or a student experiences symptoms such as dizziness, altered vision, eye or facial twitching, involuntary movements, confusion, disorientation, or momentary loss of awareness, stop using the Services immediately and seek medical attention. In some cases, seizures may lead to loss of consciousness or physical injury due to falling or impact with surrounding objects.

To help reduce the risk of a photosensitive seizure:

  • Play in a well-lit room.
  • Take regular breaks during play sessions.
  • Avoid using the Services when drowsy, fatigued, or under the influence of substances that impair alertness.
  • Consult a doctor before using screen-based games or activities if you or a family member has a history of seizures or epilepsy.

Parents and Educators are encouraged to monitor children and students for any of the above symptoms and consult with a healthcare provider if concerns arise.

Privacy

For details on how Tile Farm collects, uses, and protects personal information, please refer to our current [Privacy Policy for Students] and [Privacy Policy for Parents and Educators], both of which are incorporated into this Agreement by reference.

When a U.S.-based Educator agrees to this Agreement on behalf of their educational institution, Tile Farm acknowledges that it operates under the direct control of that institution with respect to the personally identifiable information (PII) of its students, as defined by the Family Educational Rights and Privacy Act (“FERPA”). This obligation applies unless a Student account is linked to a Parent User, in which case the Parent may consent to additional uses of the Student’s PII.

Tile Farm will comply with FERPA jointly with the educational institution by responding to requests from the institution and relevant Educator, Parent, or Student Users, as applicable, to access, correct, or disclose Student PII in accordance with this Agreement and the Privacy Policy for Students.

Advertising

We may present contextual messages or references to our paid membership options or upgrades while Parent or Educator Users interact with the Services.

These messages are strictly first-party and contextual—meaning they promote only Tile Farm’s own Services. Tile Farm does not use personal information from Students to target advertisements on an individual basis and does not permit third-party advertising networks to place cookies or collect data from any areas of the Services intended for Students.

Third-Party Services

The Services may include links to or integrations with third-party websites, applications, or platforms (“Third-Party Services”) that are not owned or operated by Tile Farm. This may include services used for login (e.g., Clever, Google) or other optional tools. The inclusion of any Third-Party Services does not imply endorsement or affiliation by Tile Farm.

Tile Farm does not control these Third-Party Services and is not responsible for their content, accuracy, privacy practices, availability, or performance. You access and use such services at your own risk, and you agree that Tile Farm is not liable for any issues arising from your use of or reliance on any Third-Party Service. You represent and warrant that you have reviewed and agree to be bound by any terms or policies that apply to those services in addition to your obligations under this Agreement.

Tile Farm cannot and does not monitor, verify, or censor the content or operations of any third-party platform. By using Tile Farm Services, you expressly release and hold us harmless from any claims or liability arising from your use of any Third-Party Services.

Any transactions, communications, or interactions you have with third-party organizations or individuals through the Services—including the purchase and delivery of goods or services—are strictly between you and those parties. Tile Farm will not be responsible or liable for any loss or damage resulting from such interactions. If a dispute arises between you and any third party, you acknowledge and agree that Tile Farm is not obligated to intervene or become involved.

Arbitration and Dispute Resolution; Class Action Waiver

Note: This section does not apply to consumers residing in Quebec acting in their individual capacity.

This provision is intended to help resolve disputes between you and Tile Farm promptly, efficiently, and cost-effectively. You and Tile Farm agree that any dispute, claim, or controversy—whether based in statute, common law, contract, tort, fraud, misrepresentation, or any other legal theory—arising out of or related to these Terms, the Services, their interpretation, enforcement, or termination (a “Dispute”), shall be resolved through the following process.

All Disputes shall be subject to final and binding arbitration, with all issues—including enforceability, scope, and arbitrability—decided by the arbitrator. This Agreement evidences a transaction in interstate commerce, and any arbitration under it will be governed by the Federal Arbitration Act (FAA), regardless of the substantive law applied to the Dispute.

Informal Resolution First

Before initiating arbitration, both parties agree to attempt in good faith to resolve the Dispute informally. A party who intends to seek arbitration must first provide written notice of intent to initiate an informal resolution conference. This notice must include the claimant’s name, contact information, a description of the Dispute, and a proposed resolution.

Within 30 days of receiving the notice, both parties will personally meet and confer by phone or videoconference in an effort to resolve the matter. If you are represented by legal counsel, your attorney may attend, but you must also personally participate. This informal resolution step is a condition precedent to arbitration, and the arbitrator shall dismiss any demand filed prior to completing it.

To provide such notice to Tile Farm, contact us at:
Email: support@tilefarm.com
Mail: ATTN: Legal Department, Tile Farm Inc. P.O. Box 40085, Albuquerque, NM 87106

Binding Arbitration

If no resolution is reached within 30 days of the informal conference, the Dispute will be submitted to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), as administered by a single neutral arbitrator who is a lawyer or retired judge. The arbitrator will apply applicable law and issue a reasoned written decision.

A. Nature, Limitations, and Location

  • There is no judge or jury in arbitration, and review of the outcome is limited.
  • Hearings, if required, will occur in the metropolitan area where you reside, unless both parties agree otherwise.
  • Each party may be represented by an attorney at their own expense.
  • Fees will be split as required by AAA rules, unless governing law requires Tile Farm to pay more to ensure enforceability.
  • The arbitrator’s decision will include essential findings and may be entered as a judgment in any court with jurisdiction.

B. Small Claims Exception

Either party may pursue a Dispute in small claims court so long as it is filed on an individual basis and remains exclusively in that forum.

C. Injunctive Relief Exception

This arbitration agreement does not prevent either party from seeking injunctive or equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

D. Timing of Claims

Any notice to initiate informal resolution, arbitration, small claims, or equitable relief must be filed within one (1) year of the event giving rise to the Dispute. Otherwise, the claim is permanently waived.

E. No Class Actions

You and Tile Farm agree that all Disputes must be brought only in an individual capacity—not as a class, collective, or representative action. Arbitration will not be consolidated with other proceedings unless both parties consent. The arbitrator may award relief only to the individual party and only to the extent necessary to resolve that party’s claim.

F. Opt-Out Option

You may opt out of this arbitration agreement by sending a written notice (“Opt-Out Notice”) within 30 days of first agreeing to these Terms. The notice must include your full name, address, and a clear statement that you decline arbitration.
Email: support@tilefarm.com
Mail: ATTN: Legal Department, Tile Farm Inc. P.O. Box 40085, Albuquerque, NM 87106

Opting out of this section will not affect the enforceability of the rest of this Agreement.

G. Survival

This arbitration provision will survive termination of your account or this Agreement.

H. Severability

If any part of this arbitration section is found unenforceable as to a specific claim, then that portion shall be severed, and the remainder shall remain in full force.

Nothing in this section shall be interpreted as Tile Farm consenting to the jurisdiction of any court for matters unrelated to this Agreement or the Services.

Indemnity

You agree to defend, indemnify, and hold harmless Tile Farm Inc., its affiliates, licensors, contractors, and agents, and their respective officers, directors, employees, and representatives from and against any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of or access to the Services and/or Tile Farm Content, including any data or content transmitted or submitted by you;
  • Your violation of any term of this Agreement, including any breach of your representations or warranties;
  • Your infringement or violation of any third-party rights, including but not limited to privacy, intellectual property, or publicity rights;
  • Any content or information submitted through your account or in connection with your use of the Services; or
  • Any other person’s access to or use of the Services using your account credentials.

Tile Farm reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully in the defense of such claims.

Warranty Disclaimer

You acknowledge that Tile Farm has no control over—and no obligation to act upon—matters such as:

  • Which users access the Services;
  • What Tile Farm Content you view or interact with;
  • How you interpret or use that content or the Services; or
  • What actions you may take as a result of using the Services or being exposed to Tile Farm Content.

Tile Farm cannot guarantee the absolute security of the Services due to the inherent risks of internet-based systems and malicious third parties. You hereby release Tile Farm from any and all claims, damages, losses, or liabilities arising from your use of the Services or the Tile Farm Content.

THE SERVICES AND TILE FARM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND—EXPRESS OR IMPLIED.
This includes, but is not limited to, any implied warranties of:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Availability, accuracy, timeliness, or reliability
  • That use of the Services will be uninterrupted or error-free

Some jurisdictions do not allow limitations on how long an implied warranty lasts, so some of the above limitations may not apply to you.

Except where specifically stated in writing, Tile Farm does not warrant that:

  • The Services will meet your expectations or requirements;
  • The Services will be timely, accurate, secure, free from interruptions, data loss, or harmful components; or
  • Any defects or issues will be corrected—some features are experimental and may not have been fully tested.

To the fullest extent permitted by law, no oral or written information or advice provided by Tile Farm or its representatives shall create any warranty not expressly stated in this Agreement.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TILE FARM INC., including its affiliates, suppliers, business partners, and their respective officers, directors, employees, and agents, WILL NOT BE LIABLE for any claims related to the Services or this Agreement under any theory of law—whether based in contract, negligence, tort, strict liability, or otherwise—for:

  • Any amount exceeding the greater of $100 USD or the total fees you paid to Tile Farm in the 12-month period preceding the event giving rise to the claim;
  • Any indirect, incidental, punitive, or consequential damages of any kind, including but not limited to loss of data, loss of business, or loss of profits;
  • Any costs for obtaining substitute goods or services; or
  • Any issues resulting from circumstances beyond Tile Farm’s reasonable control.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. If such limitations are not enforceable in your jurisdiction, they may not apply to you.

Where applicable law does not allow limitations on implied warranties or certain types of damages, Tile Farm’s liability shall be limited to the greatest extent permitted by law.

Termination

You may terminate your use of the Services at any time. Tile Farm may, at its sole discretion, suspend or terminate your account or access to the Services at any time and without prior notice if:

  • You violate any term of this Agreement;
  • Your account remains inactive for an extended period; or
  • We determine, for any reason, that continued access would pose a risk or is otherwise inappropriate.

Termination may result in the deletion of all data associated with your account, including progress, purchased features, and any user-generated content or upgrades.

Upon termination, your right to use or access the Services and any associated Tile Farm content will immediately cease.

If an educational institution’s access to the Services is terminated, Tile Farm will, upon request, transfer any user data of U.S. Student Users—as defined under FERPA—to the institution or its designee and certify that the data will no longer be retained by Tile Farm. We will handle all student data in accordance with our Privacy Policy for Students, specifically the “Access, Correction, or Deletion of Information” section.

This Agreement will remain in full effect unless and until terminated by Tile Farm. Terminating your account or ceasing use of the Services does not by itself terminate this Agreement.

Terms of Sale

PRICING

The quoted purchase price of the license is valid for 30 days from the date on the Proposal. This price is not binding on Tile Farm Academy unless you have accepted it by sending us a Purchase Order by that date.

PAYMENT

If Tile Farm decides to accept your Purchase Order, we will issue you an invoice. Complete payment of the amount of the stated purchase price is due within thirty (30) days of the invoice date. If payment is not received by the Seller within 30 days, the invoice is considered past due. Tile Farm licenses with past due payments will be put on hold and are subject to termination. Termination does not relieve the Purchaser of the obligation to pay fees due to the Seller, and the Purchaser shall also be liable for reasonable costs of collection, including attorney’s fees, if applicable.

The full invoice amount must be paid either by check or ACH.

All checks should be mailed to:
Tile Farm
PO Box 40085
Albuquerque, NM 87196

For ACH payments, please call (505) 219-1940 for banking details or refer to the Payment Page link on your Invoice.

Any late payment will incur interest at the rate of the lesser of 1% a month or the maximum permissible by law.

CANCELLATION AND REFUND

No cancellation will be accepted, and no refund issued, if it is more than thirty (30) days beyond the date of purchase for the license referenced in this Purchase Order. For cancellations and refunds of the license tendered under this Purchase Order to be accepted, the Seller must receive written notification of the cancellation within 30 days of purchase. If accepted, refunds will be made in full, unless otherwise specified in writing, less any applicable processing fees. Cancellations requested outside of the 30-day period will not be refunded, and the Purchaser will be responsible for completing the purchase as stated in the Purchase Order.

LICENSES

Tile Farm grants you the right to provide access, through unique log-in IDs, to no more individuals than the quantity indicated on the Proposal. The terms and conditions of use for each of these individuals are governed by our website’s Terms of Service. You agree to be responsible for their accounts, to monitor their use of their accounts, and to indemnify, defend, and hold us harmless for any claims arising out of or related to their use of Tile Farm’s website and services. To the extent that these individuals are minors, you consent to our collection of their personal information as described in our Privacy Policy.

Classroom and Site licenses will be activated immediately upon receipt of your payment unless another date is specified or agreed to by Tile Farm. Activation confirmation will be sent to the e-mail address provided by the school or individual completing the purchase.

If an individual who has a Tile Farm account through a Classroom or Site license purchased by you is no longer affiliated with you, you may request that we deactivate the individual’s account, or no longer associate it with your license, so that that license can be reassigned to another individual associated with your institution.

If you are purchasing on behalf of a school or district, you represent and warrant that you have permission and authority to do so.

PRIVACY

If you are a school, district, or teacher, you acknowledge and agree that you are responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the website and services and you represent and warrant that you have obtained that consent. When obtaining consent, you must provide parents and guardians with our Privacy Policy. You are to keep all consents on file and provide them to us if we request them.

Tile Farm represents that it acts as a “school official” and service provider under COPPA and does not use student data for commercial purposes other than providing the educational service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. TILE FARM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
b. TILE FARM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TILE FARM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

Some states do not allow certain limitations on warranties, so certain of the above limitations may not apply to you.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TILE FARM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OR INABILITY TO USE THIS SERVICE. IN ALL INSTANCES, DAMAGES SHALL BE CAPPED AT THE TOTAL AMOUNT PAID BY PURCHASER UNDER THIS PURCHASE ORDER.

SEVERABILITY

If any provision of this agreement is deemed invalid, illegal, or unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of the Purchase Order, which shall remain in full force and effect.

ARBITRATION

You agree that any dispute or claim you may have against Tile Farm arising out of or related to this Purchase Order or the use of Services must be submitted to arbitration, before a single arbitrator and conducted according to their rules in Albuquerque, NM, USA, and that the determination of any such arbitrator shall be binding. Notwithstanding the foregoing, you may bring an individual claim in small claims court in your local jurisdiction if permitted by law. The courts located in Albuquerque, NM, USA, have exclusive jurisdiction over any judicial proceedings related to this agreement, and you waive any claim that such a court is an improper venue, inconvenient, or lacks jurisdiction over you.

GOVERNING LAW

The Purchase Order and the relationship between you and Tile Farm are governed by the laws of the State of New Mexico without regard to conflict of law provisions.

ENTIRE AGREEMENT

The Purchase Order, which incorporates the Terms of Service by reference (available at https://tilefarm.com/terms, as updated from time to time), is the final expression of the agreement between Purchaser and Seller and supersedes all prior representations, understandings, and agreements between the Purchaser and Seller relating to its subject matter. The Purchase Order cannot be modified, amended, or changed except in writing and signed by Tile Farm.

Miscellaneous

Third-Party Beneficiaries: Except as expressly stated, this Agreement does not confer any rights or remedies upon any third party.

No Waiver: The failure of either party to enforce any provision of this Agreement shall not be considered a waiver of that or any other provision.

Student Data Notification: In the event of any unauthorized disclosure of Student information, Tile Farm will notify linked Educator and/or Parent Users as required by applicable law, using the contact information provided in their account profiles.

Force Majeure: Tile Farm shall not be liable for any failure to perform its obligations due to causes beyond its reasonable control, including but not limited to acts of God, mechanical failures, power outages, loss of internet access, or disruptions in communications infrastructure.

Severability: If any part of this Agreement is determined to be invalid or unenforceable, that portion will be limited or removed to the minimum extent necessary, and the remainder of the Agreement will remain in full force and effect.

Assignment: You may not assign, transfer, or sublicense this Agreement without prior written consent from Tile Farm. Tile Farm may assign, transfer, or delegate its rights and obligations without notice or your consent.

Entire Agreement: This Agreement constitutes the complete and exclusive understanding between you and Tile Farm regarding its subject matter and supersedes all prior oral or written communications. Modifications must be in writing and signed by both parties unless otherwise stated in this Agreement.

Relationship: This Agreement does not create any agency, partnership, joint venture, or employment relationship between you and Tile Farm. You do not have authority to bind Tile Farm in any manner.

Headings: Section headings in this Agreement are provided for convenience only and have no legal effect.

Contact Us

If you have any questions or concerns about this Privacy Policy or how your data is handled, please contact us:

Email (support): support@tilefarm.com

Email (privacy): privacy@tilefarm.com

Mailing Address:

Tile Farm Inc.
P.O. Box 40085
Albuquerque, NM 87196

Last Modified Date: August 22, 2025