Terms of Service

Version: v1.0 Effective Date: May 13, 2026 Last Reviewed: May 13, 2026

1. Agreement to Terms

By accessing or using the Wise Zebra platform and any services offered by Rushing Waters Consulting LLC ("Rushing Waters," "we," "our," "us"), including rushingwatersconsulting.com and any associated applications, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

These Terms apply to all users of our platform, including parents, legal guardians, students, educators, and school or district administrators.

2. Who We Are

Rushing Waters Consulting LLC is an educational technology company providing AI-powered homework support, literacy intervention, and learning profile services through the Wise Zebra platform. Our services are designed to support students with diverse learning needs, including neurodivergent learners, in completing homework efficiently and building lasting academic skills.

3. Eligibility and Account Types

3.1 Parent and Guardian Accounts

Our primary account holders are parents and legal guardians. By creating an account, you represent that you are at least 18 years of age and have the legal authority to enter into this agreement on behalf of yourself and any minor child whose data you provide to us.

3.2 Student Accounts

Student access is granted through a parent or guardian account. Students do not create independent accounts. Parents are responsible for supervising their child's use of the platform and for ensuring compliance with these Terms.

3.3 Children Under 13

We comply fully with the Children's Online Privacy Protection Act (COPPA). If a student is under 13, the parent or guardian must provide Verifiable Parental Consent (VPC) before any student data is collected. Our platform implements an age-verification gate — if a student's date of birth indicates they are under 13, the platform requires explicit parental consent before any tutoring session begins.

3.4 Educator and School Accounts

Educators and school or district administrators may access student data only through a parent-authorized caseload or a formal Data Sharing Agreement with Rushing Waters. Educator access is read-only unless otherwise specified in a signed agreement. FERPA-governed institutional use is subject to our FERPA Statement and any applicable Data Sharing Agreement.

4. Our Services

4.1 Wise Zebra AI Tutoring

Wise Zebra provides AI-powered homework support through a conversational tutoring interface. The Zebra uses Socratic questioning, Dual Coding Theory methodology, and personalized learning profiles to help students complete assignments. The Zebra is designed to help students learn — not to complete assignments for them.

4.2 Student Learning Profile

With each session, Wise Zebra generates and updates a Student Learning Profile — a structured record of AI-synthesized educational observations about the student's learning patterns, cognitive style, and academic progress. This profile is used to personalize tutoring over time. Raw session transcripts are never stored. The Learning Profile contains synthesized educator-style notes only.

4.3 Assignment Submission

The platform provides manual and automated submission tools to help students submit completed assignments to their Learning Management System (LMS), including Canvas, Schoology, and Google Classroom. Submission features require valid LMS credentials provided by the student or parent.

4.4 Parent Command Center

Parents and guardians have access to a Command Center dashboard displaying student assignment status, submission history, and Learning Profile intelligence reports. Command Center reports are generated from session observations and are designed to provide actionable guidance for home support.

4.5 Educator Dashboard

Where authorized by a parent or institutional agreement, educators may access a clinical view of a student's Learning Profile, including subject mastery observations, skill gap alerts, and recommended accommodations. Educators never have access to student work content — only synthesized profile intelligence.

4.6 Service Availability

We make reasonable efforts to maintain platform availability but do not guarantee uninterrupted service. Scheduled maintenance, third-party outages (including Firebase, Google Cloud, and Gemini API), and force majeure events may result in temporary unavailability. We are not liable for losses resulting from service interruptions.

5. Acceptable Use

By using our platform, you agree not to:

  • Use the platform to complete or submit work that is not your own, in violation of your school's academic integrity policy
  • Attempt to reverse-engineer, decompile, or extract the platform's AI models, algorithms, or proprietary systems
  • Upload content that is illegal, harmful, harassing, or violates the rights of others
  • Attempt to access another user's account or student data without authorization
  • Use the platform for any commercial purpose not expressly authorized by Rushing Waters
  • Introduce malware, viruses, or other harmful code into the platform
  • Circumvent any security, age-verification, or parental consent mechanism

We reserve the right to suspend or terminate accounts that violate these Terms without refund.

6. Academic Integrity

Wise Zebra is designed as a tutoring and learning support tool, not an assignment completion service. Our AI is specifically instructed to guide students through their own thinking rather than produce answers for submission. Parents and students are responsible for ensuring that use of Wise Zebra complies with their school's academic integrity policies. Rushing Waters is not responsible for any academic integrity findings resulting from a student's misuse of the platform.

7. Subscription, Billing, and Refunds

7.1 Subscription Plans

Rushing Waters offers subscription-based access to the Wise Zebra platform. Current plan options, pricing, and features are described on our pricing page. Prices are subject to change with 30 days notice.

7.2 Free Trial

Where offered, free trials provide full platform access for the stated trial period. No charge is applied until the trial period ends. You may cancel before the trial ends without charge.

7.3 Billing

Subscriptions are billed in advance on a monthly or annual basis depending on the plan selected. Payment is processed through our third-party payment processor (Stripe). By providing payment information, you authorize us to charge your payment method on the applicable billing cycle.

7.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You retain full access until the period ends. We do not provide prorated refunds for partial billing periods except where required by applicable law.

7.5 Refund Policy

We offer a 7-day refund window from the date of your first charge if you are not satisfied with the platform. Refund requests must be submitted to founders@rushingwatersconsulting.com within 7 days of the charge. After the 7-day window, all charges are final except where required by law.

8. Intellectual Property

8.1 Our Property

The Wise Zebra platform, including its AI models, tutoring methodology, Learning Profile system, user interface, branding, and all associated content, is the exclusive intellectual property of Rushing Waters Consulting LLC. Nothing in these Terms transfers any ownership rights to users.

8.2 Your Content

Student work, assignments, and uploaded files remain the property of the student and their family. You grant Rushing Waters a limited, non-exclusive license to store and process this content solely for the purpose of delivering our tutoring services. We do not use student work content for AI model training, marketing, or any purpose beyond direct service delivery.

8.3 Feedback

If you provide feedback, suggestions, or ideas about our platform, you grant us a perpetual, royalty-free license to use that feedback for product improvement without compensation or attribution.

9. Privacy

Our collection and use of personal information is governed by our Privacy Policy, COPPA Statement, and FERPA Statement, each incorporated into these Terms by reference. By using our platform, you agree to our data practices as described in those documents. All three documents are available at rushingwatersconsulting.com.

10. AI Disclosure

The Wise Zebra platform uses artificial intelligence, including Google's Gemini API, to deliver tutoring responses and generate Student Learning Profile observations. AI-generated content is designed to support learning but may not always be accurate. Parents and students should apply their own judgment and consult qualified educators for any significant academic or learning decisions. Rushing Waters does not guarantee the accuracy of AI-generated responses or Learning Profile observations.

11. Disclaimer of Warranties

THE WISE ZEBRA PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR SPECIFIC EDUCATIONAL NEEDS, THAT IT WILL PRODUCE PARTICULAR ACADEMIC OUTCOMES, OR THAT IT WILL BE ERROR-FREE OR UNINTERRUPTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUSHING WATERS CONSULTING LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF ACADEMIC OPPORTUNITY, OR ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE PLATFORM. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Rushing Waters Consulting LLC, its founders, officers, employees, and contractors from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: your use of the platform in violation of these Terms; your violation of any applicable law or regulation; or your violation of the rights of any third party.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. Any disputes arising under these Terms shall first be subject to good-faith negotiation. If negotiation fails, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association, conducted in Hennepin County, Minnesota. You waive the right to participate in a class action lawsuit or class-wide arbitration.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email at least 30 days before the changes take effect. Your continued use of the platform after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to updated Terms, you must cancel your account before the effective date.

16. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, for non-payment, or for any conduct we reasonably determine to be harmful to other users or to the platform. Upon termination, your right to access the platform ceases immediately. Student data is deleted within 30 days of termination per our Privacy Policy.

17. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, COPPA Statement, and FERPA Statement, constitute the entire agreement between you and Rushing Waters Consulting LLC regarding your use of the platform and supersede all prior agreements and understandings.

19. Contact

Rushing Waters Consulting LLC

founders@rushingwatersconsulting.com

rushingwatersconsulting.com

For legal notices, data deletion requests, subscription inquiries, or district partnership agreements, please contact us at the email above. We respond to all inquiries within 3 business days.