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.
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.
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.
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:
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.
Spelling Stream offers an optional Pro subscription with additional features.
Where the App or our marketing describes a Pro feature as “Unlimited” (for example, spelling lists or words per list), that term is subject to the following fair-use limits, which are sized for normal school-list use and apply per account (shared across all child profiles on the account):
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.
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.
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 at any time, for any reason, without notice or compensation. Virtual items are forfeited upon account termination, app uninstall, or data deletion.
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.
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully.
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.
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.
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.
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.
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 amount you paid us in the twelve (12) months preceding the claim.
You agree to indemnify and hold harmless Monthly Balance Capital LLC, its officers, directors, and employees from any claims, damages, or expenses arising from your use of the App or violation of these Terms.
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 13–15 survive termination.
We may also discontinue the App, the Service, or any part of it (including Cloud Sync and Pro features) at any time, for any reason, with or without notice. If we discontinue the Service or any paid feature, we are not obligated to provide refunds, pro-rated credits, or replacement services for any unused portion of a subscription or one-time purchase. Where required by applicable law or platform policy (Apple App Store or Google Play), refund rights under those policies are not affected by this section.
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.
These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict of law principles.
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.
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.
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.
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.
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.
Monthly Balance Capital LLC
Email: support@monthlybalance.com