Terms of Service

Welcome to WildCoders. These Terms of Service (the “Terms”) govern your use of WildCoders, including our website at www.wildcoders.org, the Wilderness Quest game, the Koda AI tutor, and all related services and content (collectively, the “Service”). WildCoders LLC (“WildCoders,” “we,” “us,” or “our”) provides the Service.

By creating a WildCoders account, subscribing, or otherwise using the Service, you agree to these Terms, our Privacy Policy (which includes the parental disclosures required by the Children’s Online Privacy Protection Act, or “COPPA”), and any other policies referenced here. If you do not agree, please do not use the Service.

These Terms include an arbitration agreement and class-action waiver (Section 15). Please read them carefully. You may opt out of the arbitration agreement within 30 days of first accepting these Terms by following the procedure in Section 15(e).

To create a WildCoders subscriber account, you must be at least 18 years of age and the parent or legal guardian (collectively, “Parent”) of the child for whom you create a player profile. The child must be within the age range we publish on our site (currently ages 8–13).

By creating an account or using the Service, you represent and warrant that:

• You are at least 18 years old and have the legal capacity to enter these Terms on behalf of yourself and your child.
• You are the Parent of any child for whom you create a player profile.
• Neither you nor your child has previously been suspended or removed from the Service.
• You and your child will comply with these Terms and all applicable local, state, national, and international laws and regulations.
• You are not a competitor of WildCoders, and you will not use the Service to replicate, benchmark, or build a competing product.

WildCoders is an educational coding game for children. The Service has two phases:

Free play. Anyone can play WildCoders without creating an account. The free phase is anonymous, runs in the player’s web browser, and stores progress locally on the device. No personal information is collected from your child during the free phase.

Subscribed accounts. To unlock the full Service, a Parent creates an account and subscribes. Inside the subscribed account, the Parent sets up one or more player profiles for their children. Children participate through those profiles and interact with Koda, our AI tutor mascot.

Koda is an artificial-intelligence character designed to ask questions, encourage effort, and help children think through problems. Koda is a learning tool, not a substitute for a human teacher, and is not designed to provide professional advice in any field. We do not guarantee any particular educational outcome.

Your privacy and your child’s privacy are important to us. Our information practices are described in our Privacy Policy, available at https://www.wildcoders.org/privacy. The Privacy Policy includes the parental disclosures required by COPPA. By using the Service, you agree to the Privacy Policy.

Because the Service is directed to children, we collect no personal information from your child until you, as the Parent, provide verifiable parental consent. The subscription charge you authorize at signup serves as that consent, under the monetary-transaction method permitted by 16 C.F.R. § 312.5(b)(2)(ii). After you subscribe, we send you a separate Direct Notice email describing what we collect from your child and your rights.

When you create a subscribed account, you agree to:

• Provide true, accurate, current, and complete information.
• Maintain and promptly update your account information so that it remains true, accurate, current, and complete.
• Keep your account credentials confidential and not share them with anyone other than your child’s other Parent or guardian.
• Be responsible for all activity that occurs under your account.
• Notify us promptly at hello@wildcoders.org of any unauthorized use of your account or any other suspected security concern.

You may not create an account under a false identity, on behalf of another person without that person’s authorization, or after being previously suspended or removed from the Service.

5.1 Subscription Fees

Continued access to the Service beyond the free phase requires a paid subscription. Current pricing and plan options are posted on our site. You authorize WildCoders, through our payment processor, to automatically charge your designated payment method for the subscription fee on a recurring basis (according to your selected plan) until you cancel.

5.2 Free trial

We may offer a free trial period for new subscribers. The duration and terms of any free trial will be described at the time of registration. You may cancel during the free trial period without charge.

5.3 Cancellation

You may cancel your subscription at any time from your Parent Settings page or by emailing hello@wildcoders.org. Upon cancellation, you will retain access through the end of your then-current paid billing period. We do not issue refunds for partial billing periods.

5.4 Refunds

Except as required by applicable law, subscription fees are non-refundable. That said, we want you to be happy. If you believe a charge was a mistake, or you are an unhappy parent for any reason, email us at hello@wildcoders.org. We will do our best to make it right — including issuing a refund where we judge that to be the fair outcome. This is a goodwill commitment, not a legal entitlement.

5.5 Changes in fees

We may change subscription fees at any time. We will give you at least thirty (30) days’ written notice (by email, by a notice in the Service, or both) before any fee increase applies to your subscription, and you may cancel before the change takes effect.

5.6 Payment processing

Payments are processed by Stripe, our third-party payment processor, and are subject to Stripe’s terms of service. We do not store your full payment card number on our systems. By providing payment information, you authorize us to share the information needed to process the transaction with Stripe.

5.7 Suspension for non-payment

If a scheduled charge fails, we may suspend access to the Service until your account is current. If the failure persists, we may terminate the subscription as described in Section 10.

The Service is provided for personal, non-commercial use by you and your child. When using the Service, you agree NOT to:

• Use the Service for any purpose other than personal, family, non-commercial use.
• Sell, resell, rent, sublicense, distribute, or otherwise make the Service available to a third party.
• Scrape, harvest, or otherwise extract content, data, or information from the Service by automated or non-automated means.
• Use bots, scripts, or other automated means to access the Service, including to make repeated or programmatic calls to Koda.
• Attempt to reverse-engineer, decompile, disassemble, or extract the source code, models, prompts, or underlying intellectual property of Koda or any other part of the Service.
• Interfere with, disrupt, or circumvent any security feature or technical measure of the Service.
• Use the Service in any way that violates any applicable law or regulation.
• Use the Service to harass, abuse, threaten, or harm WildCoders staff, our service providers, or any other person.
• Impersonate any person or entity or misrepresent your identity, relationship to your child, or affiliation with any organization.
• Upload viruses, malware, or other harmful code through the Service or otherwise interfere with the Service’s infrastructure.
• Take any action that imposes or may impose an unreasonable load on our infrastructure, as we determine in our reasonable discretion.

Koda’s responses are generated by an artificial-intelligence model. We have designed Koda to ask questions and support effort rather than to hand out answers, but no AI system is perfect. You acknowledge and agree that:

• Koda may occasionally produce inaccurate, incomplete, biased, or unexpected responses.
• Koda is an educational tool intended to supplement learning. Koda is not a substitute for a parent, teacher, or other qualified professional.
• Koda does not provide medical, legal, financial, mental-health, or other professional advice.
• We do not warrant that Koda will produce any particular educational outcome for your child.

We recommend that Parents periodically review their child’s interactions with Koda, which are available from the Parent Settings page.

The Service — including the WildCoders name and logo, the Wilderness Quest game, the Koda character, and all software, code, artwork, audio, prompts, design, layout, and content — is owned by WildCoders LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual-property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for the personal, non-commercial use of you and your child during the term of your subscription. All rights not expressly granted are reserved.

Except as expressly permitted by these Terms, you may not copy, modify, distribute, publicly display, publicly perform, transmit, publish, edit, adapt, create derivative works from, or otherwise use any part of the Service.

If you submit feedback, suggestions, or ideas about the Service to us, you grant WildCoders a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use that feedback for any purpose, without any obligation or compensation to you.

WildCoders respects intellectual-property rights. If you believe content on the Service infringes a copyright you own or control, please send a notice under the Digital Millennium Copyright Act to hello@wildcoders.org with the subject line “DMCA Notice” and the information required by 17 U.S.C. § 512(c)(3). We may terminate the account of any user we determine, in our reasonable discretion, to be a repeat infringer.

10.1 By you

You may stop using the Service and cancel your subscription at any time from your Parent Settings page or by emailing hello@wildcoders.org.

10.2 By WildCoders

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms or for any other reason in our reasonable discretion. We may also, at any time and with reasonable notice, discontinue offering the Service or any part of it.

10.3 Effect of termination

Upon termination of your account, we will delete your child’s personal information in accordance with our Privacy Policy and our Data Retention Policy. Sections that by their nature should survive (including Sections 5.4, 7, 8, 12, 13, 14, 15, and 16) will survive termination.

We may update these Terms from time to time. If we make a material change, we will give you advance notice — by email, by a banner inside the Service, or by another reasonable method — and the updated Terms will take effect on the date stated in the notice. For changes that materially modify your rights or obligations (for example, a change in fees or in the dispute-resolution provisions of Section 15), we may also require you to expressly accept the updated Terms before continuing to use the Service.

For changes that affect the personal information we collect from your child or how we use it, we will obtain new verifiable parental consent before applying the change to information previously collected from your child, in accordance with COPPA.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WILDCODERS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT KODA’S RESPONSES WILL BE ACCURATE, RELIABLE, OR ACHIEVE ANY PARTICULAR EDUCATIONAL OUTCOME. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WILDCODERS OR THROUGH THE SERVICE, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WILDCODERS LLC OR ITS OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “WILDCODERS PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE WILDCODERS PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In those jurisdictions, our liability is limited to the greatest extent permitted by applicable law.

You agree to defend, indemnify, and hold harmless WildCoders LLC and the other WildCoders Parties from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your or your child’s use of the Service, (b) your violation of these Terms, (c) your violation of any rights of another person or entity, or (d) any content or information you submit to us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of those claims.

15.1 Informal resolution first

If you have a concern, please contact us at hello@wildcoders.org so we can try to resolve it directly. Most issues can be resolved this way.

15.2 Governing law

These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Colorado, without regard to its conflict-of-law principles. Subject to Section 15.3, the federal and state courts located in Denver County, Colorado, have exclusive jurisdiction over any dispute, and you and WildCoders consent to personal jurisdiction and venue there.

15.3 Binding arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL-CLAIMS COURT, YOU AND WILDCODERS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THE ARBITRATION WILL BE CONDUCTED IN ENGLISH IN DENVER, COLORADO — OR BY VIDEO CONFERENCE OR ON A DOCUMENTS-ONLY BASIS IF YOU AND WILDCODERS BOTH AGREE.

The arbitrator will have authority to award the same individual damages and relief that a court could award. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act.

15.4 Class-action waiver

YOU AND WILDCODERS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

15.5 30-day right to opt out

You have the right to opt out of the arbitration agreement in Section 15.3 and the class-action waiver in Section 15.4 by sending us written notice within thirty (30) days after you first accept these Terms. To opt out, email hello@wildcoders.org with the subject line “Arbitration Opt-Out” and include your full name and the email address on your account. If you opt out, neither you nor WildCoders is bound by Sections 15.3 or 15.4.

15.6 One-year limit

Any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim arose, or it is permanently barred, except where applicable law requires a longer limitations period that cannot be waived.

15.7 Severability of this Section

If the class-action waiver in Section 15.4 is found unenforceable, then Sections 15.3, 15.4, and 15.5 are void in their entirety. If any other provision of this Section 15 is found unenforceable, the remainder of this Section 15 will continue in force.

16.1 Entire agreement

These Terms, together with our Privacy Policy and any other policies referenced here, are the entire agreement between you and WildCoders regarding the Service, and they supersede any prior agreements or understandings.

16.2 Severability

If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be limited or eliminated to the minimum extent necessary.

16.3 No waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

16.5 No agency

These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and us.

16.6 Electronic communications

We may provide notices to you by email, by posting on the Service, or by another reasonable electronic means. You consent to receive communications from us electronically, and you agree that electronic communications satisfy any legal requirement that such communications be in writing.

16.7 Geographic scope

WildCoders is operated from the United States. We make no claim that the Service is appropriate or available outside the United States. If you access the Service from outside the United States, you do so on your own initiative, you are responsible for compliance with local laws, and your information will be transferred to and processed in the United States. The Service is not directed at residents of any country where its offering would be contrary to local law.

16.8 Export controls

You agree not to export, re-export, or transfer the Service or any related technology in violation of U.S. export-control laws or the export-control laws of any other jurisdiction that applies to you.

16.9 Headings

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

If you have questions about these Terms, you can reach us at:

WildCoders LLC

6110 E. Colfax Ave., Ste. 4 #105, Denver, CO 80220

hello@wildcoders.org

720-389-7115