Important: These Terms are intended for schools, school boards, language colleges and other education institutions using Speechbound Classroom. Student users do not enter a separate commercial agreement with Moonspire.

These Terms are designed to work together with the Speechbound Classroom Privacy Policy and any pilot agreement, subscription agreement, data protection addendum, purchase order or other written agreement between Moonspire and the Institution.

1. Agreement, acceptance and scope

These Terms of Use (“Terms”) govern access to and use of Speechbound Classroom, including the student game experience, teacher dashboard, classroom management tools, assignments, reporting and related services provided by Moonspire Games Inc. (“Moonspire”). They apply only to the institutional classroom product and not to the separate consumer Steam version of Speechbound.

These Terms become binding on an Institution only when an authorized institutional representative accepts them electronically, incorporates them into an order or written agreement, or otherwise expressly agrees to them as part of an authorized deployment. Merely viewing a public copy of these Terms does not by itself bind an Institution.

If Moonspire and an Institution have a signed pilot agreement, subscription agreement, data protection addendum, purchase order or other written agreement, that agreement controls to the extent it conflicts with these Terms.

2. Who may accept these Terms

These Terms are between Moonspire and the school, school board, language college or other education organization using Speechbound Classroom (the “Institution”). A person who accepts these Terms for an Institution represents that they have authority to do so for the relevant deployment.

A classroom teacher who does not have authority to bind the Institution does not acquire that authority merely by using Speechbound. Moonspire may require approval from an institutional administrator, procurement contact, privacy office or other authorized representative before enabling a deployment.

3. Student users and minors

Students access Speechbound Classroom under the Institution’s authorization. Student users are not required to accept these commercial Terms individually.

The Institution is responsible for determining the legal authority for student participation and whether parental or guardian consent is required by applicable law, school board policy or the Institution’s procedures. The Institution also determines the legal authority, purpose and required content of institutional privacy notices. Where the parties agree that Moonspire will present an Institution approved notice within Speechbound, Moonspire will do so at or before the relevant collection. Moonspire does not assume that parental consent is required where the Institution has another lawful authority and will provide reasonable information needed for the Institution’s privacy review.

4. Institution, teacher, class and student accounts

An Institution may create or authorize teacher accounts and classes. Authorized teachers may import student names, assign students to classes, create assignments, view student progress and manage classroom use within the permissions provided by Speechbound.

Student accounts do not require personal email addresses. A student may receive a generated or Institution assigned username and password. The Institution is responsible for distributing student credentials appropriately and taking reasonable steps to prevent unauthorized sharing.

Teachers and institutional administrators may reset student credentials. Existing student passwords are not intended to be visible to teachers or Moonspire in readable form. The Institution must promptly disable or request removal of accounts that should no longer have access.

5. Future single sign on and institutional integrations

Single sign on is not required for the initial Speechbound Classroom product. Moonspire may later offer optional single sign on or federated authentication with an Institution’s identity provider. Any integration will be enabled only where agreed with the Institution and may be subject to additional technical, privacy and security requirements.

Moonspire may also offer integrations with learning platforms, education portals or other institutional systems. The data exchanged through an integration will be limited to the purposes and fields agreed for that integration.

6. Permitted educational use

The Institution may use Speechbound Classroom for legitimate educational purposes, including classroom practice, assigned language learning, homework, progress review, teacher led instruction and other uses agreed with Moonspire.

Speechbound is designed to complement teachers and existing curriculum. It does not replace professional educator judgment, official school records, formal assessment requirements or the Institution’s responsibility for instructional decisions.

7. Automated learning logic

Speechbound may use recorded student performance to automatically select, repeat or prioritize practice content. This logic is intended to personalize practice within the game. It is not intended to make official grades, admissions decisions, disciplinary decisions, special education eligibility decisions or other high stakes institutional decisions.

Where applicable law requires a collection notice describing the use of personal information in an automated system, the Institution is responsible for determining the lawful authority, purpose and required content of that notice. The parties may document who presents the notice. Moonspire will provide reasonable technical information needed for the Institution’s privacy assessment or related review and, where required by the deployment, will present the Institution approved notice within Speechbound.

8. Institution responsibilities

The Institution is responsible for:

Authorizing appropriate teachers, administrators and students to use the service.
Determining and documenting the legal authority for the personal information it provides to or collects through Speechbound.
Approving and maintaining any collection notice required by applicable law, including the purpose, legal authority, privacy contact and automated system notice where required, and coordinating with Moonspire where the notice will be presented through Speechbound.
Providing Moonspire only the personal information reasonably necessary for the educational use.
Ensuring teachers do not enter unnecessary sensitive information into class names, support messages or other free text fields.
Maintaining appropriate control over student and teacher credentials.
Using student progress information in accordance with applicable education, privacy and records requirements.
Promptly notifying Moonspire of suspected unauthorized access, compromised credentials or other security concerns.
Obtaining any institutional, parental or guardian approvals required by applicable law or policy.

9. Privacy, custody and control of student information

Use of personal information is governed by the Speechbound Classroom Privacy Policy and any applicable institutional privacy or data protection agreement.

The Institution retains control of its student information to the extent required by applicable law and the parties’ agreement. Moonspire may have custody of that information while operating the service and may process it only to provide, operate, secure, troubleshoot and support Speechbound Classroom, or as otherwise expressly authorized in writing or required by law.

Where Moonspire processes personal information on an Institution’s behalf, the Institution retains control of that information to the extent required by applicable law and the applicable institutional agreement. The Institution generally remains responsible for decisions on access, correction and privacy complaints, with Moonspire providing reasonable cooperation and technical assistance.

Alberta public body customers

For an Alberta public body, the public body retains control of personal information processed on its behalf, and Moonspire is treated as an employee of the public body for the relevant contracted activities under Alberta’s Protection of Privacy Act (“POPA”). Access requests are governed by Alberta’s Access to Information Act (“ATIA”), while correction and privacy obligations are governed by POPA. Moonspire will provide reasonable cooperation so the public body can meet those obligations.

Moonspire does not sell student personal information, use it for behavioral advertising, provide it to data brokers, use it for unrelated profiling or use identifiable student information to train general purpose artificial intelligence or large language models.

10. Subprocessors and authorized disclosures

Moonspire may use infrastructure and technical service providers only as reasonably necessary to provide the service. Moonspire will require appropriate confidentiality, security and purpose restrictions for providers that receive Institution personal information and will remain responsible for managing those providers as required by applicable law and the institutional agreement.

Before a live public body deployment, Moonspire will make available a current list or description of subprocessors that may receive Institution personal information, including the nature of the service and relevant processing region. Any advance notice, approval or objection rights concerning subprocessor changes will be set out in the applicable institutional agreement or data protection addendum.

Moonspire may disclose Institution personal information where legally required. To the extent legally permitted, Moonspire will notify the Institution of a legally binding demand before disclosure and will disclose only the information legally required.

11. Data location and Canadian deployment commitments

Speechbound Classroom can support region specific hosting. Where Moonspire commits to Canadian data residency, persistent student personal information and routine backups will be configured for storage in Canada before student personal information is introduced.

Where the applicable institutional agreement requires a specific data residency region, Moonspire will verify the relevant AWS and MongoDB Atlas regions and routine backup configuration before receiving student personal information. Other technical services that may receive connection metadata, such as IP addresses, will be reviewed against any additional regional or privacy requirements applicable to the deployment.

Other institutional customers may use different regional hosting arrangements based on location, law and contract. These Terms do not promise that every Speechbound deployment worldwide is stored in Canada.

12. Student data export, correction and deletion

An authorized Institution may request access to, export of, correction of, deletion of or, where lawful and specifically authorized, deidentification of student information, subject to applicable records retention obligations and any separate agreement.

Unless a different period is agreed, Moonspire will target deletion from active systems within 30 days after an authorized deletion instruction or the end of an applicable export period and removal through routine backup expiration within 90 days. Backup copies retained during that period are limited to disaster recovery use. Moonspire will not delete records the Institution instructs it to retain or that applicable law requires to be retained.

Moonspire may initially provide requested exports manually in a reasonable machine readable format. Moonspire may later add self service report and export functions for individual students and entire classes. Where required by a signed agreement, Moonspire will provide written confirmation after the agreed destruction process is completed.

13. Support and communications

Teachers and administrators should not send student names, detailed performance reports, screenshots containing student personal information or other student records through ordinary email unless Moonspire and the Institution have expressly approved a secure method for doing so.

Support requests should identify a student using the internal Speechbound Student ID or another nonidentifying reference whenever possible. If student personal information is accidentally sent through an ordinary communication channel, Moonspire will minimize retention and may request that the Institution move the issue to an approved secure channel.

14. Security and access controls

Before institutional student information is introduced, Moonspire will verify administrative and technical safeguards appropriate to the sensitivity of the information, including encryption in transit and at rest, secure password hashing, role based access controls, least privilege production access, protected backups, appropriate logging and documented incident response procedures.

For public body customers, Moonspire will provide reasonable documentation and cooperation to support privacy impact assessments, security threat and risk assessments and oversight reviews. Any formal audit rights, evidence requirements or security schedules will be set out in the applicable institutional agreement or data protection addendum.

15. Privacy and security incidents

If Moonspire becomes aware of a suspected or confirmed incident affecting Institution personal information, Moonspire will investigate, take reasonable containment and remediation steps, preserve relevant evidence and notify the Institution without undue delay in accordance with the applicable agreement.

Where an Institution is subject to specific statutory privacy incident obligations, the parties will establish any required incident notification timeline in the institutional data protection agreement before student information is introduced. Moonspire will cooperate with the Institution’s risk assessment, regulator communications and affected individual notifications where required.

16. Acceptable use

The Institution will take reasonable steps to ensure that its authorized users do not:

Attempt to gain unauthorized access to another user’s account, another Institution’s information or Moonspire systems.
Share credentials in a way that permits unauthorized use.
Interfere with, disrupt, overload, probe or circumvent the security of the service.
Use automated tools to scrape, extract or copy the service except where Moonspire has expressly authorized an integration.
Reverse engineer, decompile or attempt to obtain source code except to the limited extent such restriction is prohibited by law.
Upload or transmit unlawful, harmful or malicious content.
Use Speechbound Classroom to harass, threaten, discriminate against or harm another person.
Use the service for advertising to students or unrelated commercial profiling.

The Institution remains responsible for applying its own student conduct and classroom policies. Moonspire may suspend access where reasonably necessary to protect security, privacy, other users or the service.

17. Teacher supplied content and institutional data

Teachers may provide vocabulary, sentence lists, curriculum objectives, class names and other educational material for use in Speechbound. The Institution retains its rights in material it provides and grants Moonspire a limited right to process and display that material only as needed to provide Speechbound Classroom.

The Institution must have the right to provide material it uploads and should not intentionally provide content that infringes third party rights or contains unnecessary student personal information.

18. Moonspire intellectual property

Speechbound Classroom, including its software, game systems, game world, artwork, characters, dialogue systems, learning engine, teacher dashboard, user interface, proprietary databases, documentation and other Moonspire content, is owned by or licensed to Moonspire and is protected by applicable intellectual property laws.

Subject to these Terms and any separate agreement, Moonspire grants the Institution a limited, nonexclusive, nontransferable right to allow its authorized teachers and students to use Speechbound Classroom during the applicable pilot or subscription period for the agreed educational purposes. These Terms do not transfer ownership of Moonspire intellectual property to the Institution or its users.

19. Educational content and artificial intelligence assisted workflows

Speechbound may include educational content created or localized using Moonspire’s internal tools, including artificial intelligence assisted workflows. Moonspire’s intended classroom process is to prepare content before gameplay and apply quality review rather than generate educational responses from student personal information during live play.

Moonspire works to provide high quality educational content, but teachers remain responsible for determining whether assigned content is suitable for their learners, curriculum and instructional context. Speechbound does not guarantee a particular academic result, language proficiency level or grade outcome.

20. Pilot and limited deployments; no implied research authorization

An institutional pilot or limited deployment is a provision of the Speechbound service under the applicable institutional agreement. It is not, by itself, authorization for Moonspire to conduct research, commercial product evaluation or a study involving student or staff data.

Moonspire may receive ordinary implementation or support comments from authorized institutional staff. Moonspire will not conduct structured product evaluation, efficacy studies, case studies, investor validation data collection, student or staff surveys, or other research and development data collection involving an Institution’s students or staff unless the Institution separately authorizes that activity in writing and applicable law permits it. Any external reporting of pilot outcomes must be appropriately aggregated, deidentified or otherwise approved so that student identities are not disclosed.

Moonspire may make technical changes necessary to deliver, secure or troubleshoot the service. Any separate research, publication or outcome validation activity involving Institution data requires separate written authorization.

21. Service availability, maintenance and changes

Moonspire may perform maintenance, security updates and product changes that affect availability. Moonspire will use reasonable efforts to communicate material planned interruptions to institutional contacts when practical. Unless a separate agreement provides a service level commitment, Speechbound Classroom does not include a guaranteed uptime percentage.

Moonspire may change or discontinue features where reasonably necessary for security, legal compliance, product development or technical reasons. Moonspire will not materially reduce an agreed paid institutional service during an active term without addressing the change with the Institution.

22. Suspension and termination

Moonspire may temporarily suspend an account or deployment where reasonably necessary to respond to a security incident, suspected unauthorized access, material misuse, legal requirement or a risk to other users or the service. Moonspire will notify the Institution when practical and work with the Institution to restore access when the issue is resolved.

The Institution or Moonspire may end a pilot or service as permitted by the applicable written agreement. Data export, retention and deletion after termination will follow the Speechbound Classroom Privacy Policy and any separate institutional agreement.

23. Confidentiality

Each party may receive nonpublic information from the other in connection with a pilot, implementation or support relationship. Where a separate confidentiality agreement or institutional contract applies, that agreement controls. Otherwise, each party will use reasonable care to protect nonpublic information received from the other and use it only for the purpose for which it was provided, except where disclosure is required by law.

24. Disclaimers and educational responsibility

Speechbound Classroom is an educational technology service. It is not a substitute for teacher judgment, school safeguarding obligations, professional educational assessment, medical advice, psychological assessment or clinical services.

Except for commitments expressly stated in a separate written agreement, Moonspire does not promise that the service will be uninterrupted or error free. Moonspire will use reasonable efforts to correct material defects and maintain security appropriate to the service.

25. Limitation of liability

If a separate written agreement between Moonspire and the Institution contains liability terms, those terms control.

Otherwise, to the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special, exemplary or consequential damages arising from use of Speechbound Classroom. Moonspire’s aggregate liability under these Terms will not exceed the greater of CAD 1,000 or the fees paid by the Institution to Moonspire for Speechbound Classroom during the 12 months before the event giving rise to the claim.

This section does not limit liability to the extent a limitation is prohibited by law and does not exclude responsibility for fraud, intentional misconduct or any privacy, confidentiality or security obligation that applicable law or a separate written agreement does not permit the parties to limit.

26. Governing law

If the Institution and Moonspire have a separate written agreement that specifies governing law or dispute terms, that agreement controls. Otherwise, these Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, subject to any mandatory law that applies to the Institution or to Institution personal information.

Before starting formal proceedings, the parties should first attempt in good faith to resolve a dispute through their designated contacts, unless urgent legal relief is required.

27. Changes to these Terms

Moonspire may update these Terms as the classroom product and legal requirements evolve. Moonspire will provide institutional customers reasonable notice of material changes where required by the applicable agreement or law. A change to these public Terms does not override a separately signed institutional agreement during its term unless that agreement permits the change.

28. Contact

Questions about these Terms or Speechbound Classroom privacy practices can be sent to:

Moonspire Games Inc.
Attention: Manuel Tausch, Chief Executive Officer and Privacy Officer
Vancouver, British Columbia, Canada
policy@moonspiregames.com