Spelling Stream Terms of Use
These Terms of Use ("Terms") govern your use of the Spelling Stream mobile application and the spellingstream.com website (collectively, the "Service") published by Monthly Balance Capital LLC ("we", "us", "our"). By downloading, installing, or using the App, or by accessing the website, you agree to these Terms.
1. Acceptance & Parental Consent
You represent that you are at least 18 years old and have the legal authority to agree to these Terms. If you are a parent or legal guardian using the App on behalf of a child, you agree to these Terms on your own behalf and on behalf of that child, and you consent to your child's use of the App under your supervision.
The App is designed for children under 13. By allowing your child to use the App, you consent, where required by the Children's Online Privacy Protection Act (COPPA) and similar laws, to the collection and use of information from your child solely as described in our Privacy Policy. You can review, request deletion of, or stop further collection of your child's information at any time by contacting us at support@monthlybalance.com.
2. Description of the App
Spelling Stream is an educational spelling practice app designed for elementary-age children. The App is intended for use under parental supervision. It provides spelling tests, practice games, and progress tracking.
The App is a learning aid. We do not guarantee any specific educational outcome, test score, grade improvement, or learning result. Results depend on many factors outside our control, including how the App is used, word lists chosen, and individual learning differences.
3. License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App on any supported Apple or Android device that you own or control, subject to the Apple Media Services Terms and Conditions (for App Store downloads) or the Google Play Terms of Service (for Google Play downloads), as applicable. This license does not allow you to:
- Reverse-engineer, decompile, or disassemble the App
- Rent, lease, loan, sell, or distribute the App
- Use the App for any unlawful purpose
4. Accounts & Profiles
The App allows parents to create child profiles with nicknames. For privacy, profiles should use nicknames or first names only — not full legal names. You are responsible for all activity under profiles you create.
Cloud Sync account: Cloud Sync requires a parent or legal guardian to sign in with an Apple ID or Google account. We do not issue passwords and never see one. You must be the account holder or authorised to use that account, and you are responsible for keeping access to it secure.
Activation codes: A device that cannot sign in for itself — most often a child's tablet — can instead be connected to your account by generating a short activation code in the Parent Center and typing it on that device. Depending on the option chosen when the code is generated, a code may grant that device the Pro subscription entitlement, access to Cloud Sync, or both: activating a device that does not already hold Pro also enables Cloud Sync on it. A code is generated only after passing the parent lock and entering your parent PIN, expires shortly after it is created, and connects one device. An activation code grants access to your account, including your spelling lists, child profiles and progress. You are responsible for every device you connect and for all activity on your account, including activity on a device connected with a code you generated. Do not share a code with anyone outside your household. Codes are for connecting your own family's devices and must not be sold, published, distributed, or used to give access to people outside your household.
5. Subscriptions
Spelling Stream offers an optional Pro subscription with additional features.
- Pricing: Subscription pricing is displayed in the App and on the App Store or Google Play at the time of purchase.
- Billing: Payment is charged to your Apple ID or Google Play account at confirmation of purchase.
- Free trial (yearly Pro): The yearly Pro plan includes a 7-day free trial for first-time subscribers (one trial per Apple ID or Google account). If you do not cancel before the trial ends, your account is automatically charged for the yearly subscription and renews annually thereafter. You may cancel at any time during the 7-day trial through your Apple ID or Google Play account settings to avoid being charged. The monthly Pro plan does not include a free trial.
- Renewal: Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period.
- Price changes: We may change subscription prices. Any price change applies only to future billing periods. Where required, Apple or Google will notify you in advance and, for certain increases, obtain your consent before the next renewal; if you do not agree, you may cancel before the renewal date.
- Cancellation: You can manage and cancel subscriptions in your Apple ID or Google Play account settings. No refunds are provided for the unused portion of a current billing period, except where a refund is required by applicable law, by Apple App Store or Google Play policy, or under any consumer guarantee that cannot lawfully be excluded, and except as described in Section 17 if we permanently discontinue the Service.
- Cloud Sync grace period: If your Pro subscription expires or is cancelled, Cloud Sync is paused immediately but your cloud data is retained for a 30-day grace period. If you resubscribe within that window, your lists, stars, profiles, and progress are restored automatically. If you do not resubscribe, all cloud data associated with your account is permanently deleted at the end of the grace period. Data stored on your device is not affected by subscription expiration.
- One subscription, your household's devices: A single Pro subscription covers the phones and tablets used by your household. Devices join your account either by signing in to Cloud Sync with your Apple ID or Google account, or by being connected with an activation code as described in Section 4. Pro is licensed for use within one household and may not be shared with, resold to, or made available to people outside it.
- Across iOS and Android: Your subscription is tied to your account, not to the store you bought it from. A subscription purchased on the App Store can be used on an Android device connected to the same account, and a subscription purchased on Google Play can be used on an iOS device connected to the same account. Billing, renewal, cancellation and refunds remain the responsibility of the store where the subscription was purchased.
- Apple Family Sharing: Pro subscriptions purchased on the App Store support Apple Family Sharing on iOS, allowing family group members to share access. Google Play Family Library does not support the sharing of subscriptions, so on Android a subscription is shared by connecting devices to your account as described above rather than through a Google family group.
- Free tier features: The App is fully functional without a subscription. Free users can store a list of up to 50 words; tests and games use the first 10 unless you subscribe to Pro. Free users can take tests, play games, and track progress.
- Feature changes: The App changes over time. We may add, modify, or remove features in either the Free or the Pro tier, and we do not guarantee that any particular feature will remain available, remain in the same tier, or continue to work in the same way. Your subscription is for access to Spelling Stream as it exists from time to time, not for any specific feature. Where we remove a Pro feature or move it out of Pro, we will give notice in-app or by email before the change takes effect, so you can decide whether to continue your subscription before it next renews. Nothing in this section limits any consumer guarantee or other right that cannot lawfully be excluded, or any refund you may be able to obtain from Apple or Google under their own policies.
6. Fair Use
Pro includes the following capacity limits, which are sized for normal school-list use and apply per account (shared across all child profiles on the account). Where the App, our marketing, or an app-store listing describes a Pro feature as “unlimited” or in similar terms, that description is subject to these limits:
- Words per list: up to 50 words
- Spelling lists per account: up to 100 lists total, aggregated across all child profiles
- Connected devices: up to 5 devices may be connected to one account using an Activation Code. Devices that receive Pro through Apple Family Sharing do not use an Activation Code and are not counted towards this limit. Devices connected to an account must be devices used by your own household. You can see the devices connected to your account, and disconnect any of them, in Parent Center. We may revoke a connected device or suspend an account where connection activity indicates use beyond a single household, subscription sharing outside a household, or automated or abusive use.
These limits exist to keep the App responsive for all users and to prevent automated or abusive use. We may update these limits from time to time with notice in-app or in an updated version of these Terms. If you believe you have a legitimate need that exceeds these limits, contact us at support@monthlybalance.com. We may enforce fair-use limits by blocking the creation of additional lists or the addition of additional words to a list once a limit is reached.
7. User Content
You retain ownership of all content you create in the App (spelling lists, voice recordings, etc.). We do not claim any rights to your content. If you enable Cloud Sync, your content is stored on our servers solely to provide the sync service and is deleted when you request deletion.
You are solely responsible for the content you create, including spelling lists and any voice recordings. You represent that you have all rights necessary to create and store that content and that it is not unlawful, infringing, or otherwise in breach of these Terms. You must not create or store content that is unlawful, infringes another person's rights, or that you do not have permission to use. Content you create is private to your account — it is not shared with, or visible to, other users, and we do not pre-screen, monitor, or moderate it. Although we do not monitor content, we may remove content stored on our servers through Cloud Sync, and may suspend or terminate your account, if we become aware that content violates these Terms or applicable law. Content stored only on your device is under your control and can be deleted by you in the App or by uninstalling the App; we cannot remotely access or delete on-device content. To the extent permitted by law, and except for any non-excludable statutory rights, we are not responsible for content created on your account, which you use at your own risk.
Virtual items: Stickers, themes, stars, and any other in-app rewards, badges, or virtual currency are a license to use them within the App only. They are not your property, have no monetary value, cannot be redeemed, exchanged, or cashed out, and cannot be transferred or sold. We may add, modify, remove, reset, or revoke any virtual item where reasonably necessary to address fraud or abuse, to comply with applicable law or platform policy, or for technical, security, or operational reasons. Virtual items are forfeited upon account termination, app uninstall, or data deletion.
8. Feedback
If you send us suggestions, ideas, bug reports, or other feedback about the App ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and incorporate that Feedback into the App or any of our products and services, without any obligation of compensation or attribution to you. Feedback is not considered your confidential information.
9. Privacy
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully.
10. Third-Party Services
The App may include or rely on third-party services, software development kits, or content (for example, cloud hosting, analytics, crash reporting, or icon and font providers). Those third parties are not controlled by us, and your use of them may be subject to their own terms and privacy policies. We are not responsible for third-party services and do not endorse them. Our Privacy Policy identifies the categories of third parties that receive data in connection with the App.
11. Device Compatibility & Updates
The App is intended for use on supported Apple and Android devices and operating system versions. We do not guarantee that the App will function on every device, operating system version, or configuration, and supported versions may change over time. You are responsible for ensuring your device meets the App's then-current requirements, including any updates. We may release updates that add, change, or remove features, and some updates may be required for the App to continue functioning.
12. Intellectual Property
The App, including its design, graphics, sounds, code, and branding, is owned by Monthly Balance Capital LLC and is protected by copyright, trademark, and other intellectual property laws. "Spelling Stream" and the Spelling Stream logo are trademarks of Monthly Balance Capital LLC.
13. Consumers in Australia and New Zealand
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or, in New Zealand, the Consumer Guarantees Act 1993 and Fair Trading Act 1986, where it cannot lawfully be excluded. To the extent any provision of these Terms (including the disclaimer of warranties, limitation of liability, no-refund and governing-law provisions) would do so, that provision is read down or does not apply to you, but only to that extent. For a major failure you may be entitled to a refund or replacement.
14. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY STATUTORY RIGHTS OR CONSUMER GUARANTEES THAT CANNOT LAWFULLY BE EXCLUDED, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MONTHLY BALANCE CAPITAL LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, USE, OR PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP. Our total liability for any claim arising from these Terms shall not exceed the greater of (a) the amount you paid for the App in the twelve (12) months preceding the claim and (b) US$100. Nothing in this section limits liability that cannot lawfully be limited, including liability under a consumer guarantee that cannot lawfully be excluded, or for fraud, or for death or personal injury caused by negligence.
16. Indemnification
You agree to indemnify and hold harmless Monthly Balance Capital LLC, its officers, directors, and employees from any third-party claim, damage, or expense arising from (a) your breach of these Terms, (b) content you create or store in the App that is unlawful or infringes another person's rights, or (c) your use of the App in violation of applicable law.
This section does not apply to any claim arising from our own acts or omissions, and does not apply to the extent applicable law does not permit it — including, for consumers in Australia and New Zealand, to the extent described in Section 13. Ordinary use of the App by you or by a child in your care is not, on its own, a basis for indemnification under this section. If we seek indemnification we will notify you promptly of the claim, and we will not settle it without your consent, which you will not unreasonably withhold.
17. Termination & Discontinuation
We may suspend or terminate your access to the App at any time for violation of these Terms. You may stop using the App at any time. Upon termination, your license to use the App is revoked. Sections 7 (User Content), 8 (Feedback), 9 (Privacy), 12 (Intellectual Property), 13 (Consumers in Australia and New Zealand), 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 16 (Indemnification), 19 (Governing Law), 20 (Dispute Resolution) and 24 (General) survive termination, together with any other provision that by its nature is intended to survive.
We may also discontinue the App, the Service, or any part of it (including Cloud Sync and Pro features) at any time, with or without notice. If we permanently discontinue the Service as a whole while you are within a subscription period you have already paid for, we will refund what you paid for that period. Because Apple and Google process every payment for the App, refunds are issued through the store you purchased from: on Google Play we can issue one directly, and on the App Store we will request one from Apple on your behalf and support any request you make yourself. Changes to individual Free or Pro features are governed by Section 5 and do not, on their own, give rise to a refund under this section. Where applicable law, an Apple App Store or Google Play policy, or a consumer guarantee that cannot lawfully be excluded provides greater rights, those rights are not affected by this section.
18. Force Majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, governmental action, internet or telecommunications failures, cloud provider outages, or cybersecurity incidents.
19. Governing Law
These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict of law principles.
20. Dispute Resolution
Informal dispute notice: Before filing any arbitration or lawsuit, you agree to first send a written notice of the dispute to support@monthlybalance.com describing the nature of the claim, the relief sought, and your contact information. We will have 30 days from receipt of the notice to attempt to resolve the dispute in good faith. You may not initiate arbitration or litigation until this 30-day period has ended.
Arbitration: If the dispute is not resolved within 30 days, it shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration shall take place in the State of Arizona or remotely at the claimant's election. You agree to waive any right to participate in a class action or class arbitration.
Consumers in Australia and New Zealand: If you are a consumer in Australia or New Zealand, nothing in this section requires you to arbitrate, or to bring or defend proceedings, outside your own country, and nothing limits your right to pursue a claim in your local courts or tribunals — including, in Australia, the NSW Civil and Administrative Tribunal (NCAT), the Victorian Civil and Administrative Tribunal (VCAT), or your state or territory's equivalent, and, in New Zealand, the Disputes Tribunal. The governing-law, arbitration, and class-action-waiver provisions apply to you only to the extent they do not exclude, restrict, or modify any right or remedy you have under the consumer-protection laws referenced in Section 13 (Consumers in Australia and New Zealand).
Small-claims court exception: Either party may bring an individual action in small-claims court for any dispute that qualifies for that court's jurisdiction, as an alternative to arbitration. Small-claims actions must remain individual — no class, collective, or representative proceedings.
Injunctive and intellectual-property relief: Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights.
30-day arbitration opt-out: You may opt out of the binding arbitration and class-action waiver in this section by sending written notice to support@monthlybalance.com within 30 days of first accepting these Terms. Your notice must include your name, the email address associated with your Apple ID or Google Play account, and a clear statement that you wish to opt out. Opting out will not affect any other part of these Terms.
21. Changes to These Terms
We may update these Terms from time to time. Material changes will be noted with an updated "Last Updated" date. Continued use of the App after changes constitutes acceptance of the revised Terms.
22. Apple-Specific Terms
These Terms are between you and Monthly Balance Capital LLC, not Apple Inc. Apple has no obligation to provide maintenance or support for the App. In the event of any failure of the App to conform to applicable warranties, you may notify Apple for a refund of the purchase price (if any); Apple has no other warranty obligation.
Product and intellectual-property claims: We (not Apple) are solely responsible for addressing any claims by you or any third party relating to the App or your use of it, including product-liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer-protection or similar legislation, and claims that the App infringes a third party's intellectual-property rights.
Legal compliance: You represent and warrant that (a) you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and (b) you are not listed on any US Government list of prohibited or restricted parties.
Third-party terms: You must comply with any applicable third-party terms of agreement when using the App (for example, your wireless data plan terms).
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
23. Google Play-Specific Terms
If you obtained the App from the Google Play Store, these Terms are between you and Monthly Balance Capital LLC, not Google LLC. Google is not a party to these Terms and is not responsible for the App or its content. Your use of the App must also comply with the Google Play Terms of Service and the then-current Google Play Developer Distribution Agreement. Google has no obligation to provide maintenance or support for the App and is not responsible for addressing any claims relating to the App or your use of it, including product liability, consumer protection, or intellectual property claims. Google and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
24. General
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior agreements.
- Severability & read-down: If any provision of these Terms is held invalid or unenforceable, it will first be read down or limited to the minimum extent necessary to make it valid and enforceable; if it cannot be, it will be severed, and the remaining provisions will remain in full force and effect.
- No Waiver: Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
- Assignment: You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms, in whole or in part, at any time without notice.
- Notices: We may provide notices to you by email, in-App message, or by posting updates to the App or spellingstream.com. You consent to receive such notices electronically.
25. Contact Us
Monthly Balance Capital LLC
Email: support@monthlybalance.com