Terms of Service

These Terms of Service ("Terms") govern your use of the products and services ("Service") provided by Aspen ESA, LLC ("Aspen ESA," "we," "us," or "our"). By using the Service, you agree to these Terms.

What Aspen ESA is

Aspen ESA is an AI-powered software product that helps Arizona families navigate the Empowerment Scholarship Account (ESA) program. The Service includes:

• An AI assistant ("Aspen") that answers questions about the ESA program based on the official Parent Handbook
• Pre-purchase eligibility checks that provide guidance on whether a planned purchase is likely ESA-eligible
• Receipt tracking and organization tools
• A directory of curriculum vendors
• Multi-kid budget management (for paid subscribers)
• Other features added over time

What Aspen ESA is NOT

It is important that you understand:

Aspen ESA is not an official source. We are an independent software company. We are not affiliated with, endorsed by, or operated by the Arizona Department of Education, ClassWallet, or any other state agency. Our information is based on the publicly available Parent Handbook and other public sources.

Aspen's verdicts are guidance, not guarantees. When Aspen tells you a purchase is "likely eligible," "conditionally eligible," or "likely not eligible," that is our best interpretation of the handbook — not an official approval. Official allowability guidance comes from ADE and the published handbook; purchases are still reviewed through official ESA submission workflows. We do our best to be conservative, accurate, and citation-backed, but we cannot guarantee any specific outcome.

We are not a financial, legal, or tax advisor. Nothing in the Service constitutes professional financial, legal, or tax advice. Consult a qualified professional for those matters.

We do not handle ESA funds. ESA payments and submissions are handled through ClassWallet, the third-party financial management platform used by the program. We never touch the funds, take payments on your behalf, or interact with ClassWallet's systems on your behalf.

AI can make mistakes. Aspen is an AI system. It can be wrong, miss context, or misinterpret your question. Always verify important decisions against the official handbook or by contacting ADE through the ESA portal/helpdesk. Use Aspen's responses as a starting point, not as the final word.

Eligibility to use the Service

You must:

• Be at least 18 years old
• Be a parent, guardian, or other adult acting on behalf of a child enrolled in the Arizona ESA program (or considering enrollment)
• Provide accurate and truthful information when you create an account
• Comply with all applicable laws and these Terms

You may not use the Service if you are barred from doing so under applicable law.

Your account

You are responsible for:

• Keeping your account credentials confidential
• All activity that occurs under your account
• Notifying us immediately of any unauthorized access

You agree to provide accurate information when creating your account and to keep it up to date. We may suspend or terminate accounts that contain false information, are used in violation of these Terms, or are inactive for an extended period.

Subscriptions and billing

The Service offers two tiers:

• Free — basic features at no charge, with usage caps as described in the Service
• Plus — premium features for a recurring monthly fee

Pricing. Standard Plus pricing is $13.99 per month. The first 500 paying users receive "Founding Family" pricing of $8.99 per month, which is locked in for the lifetime of their continuous subscription. If a Founding Family subscription is canceled and later restarted, the lower price may not be available — Founding Family status is contingent on continuous active subscription.

Billing. Subscriptions are billed monthly in advance via Stripe. By providing payment information, you authorize us to charge the recurring fee until you cancel. Prices are in US dollars and exclude any applicable taxes, which Stripe Tax calculates automatically.

Cancellation. You can cancel your subscription anytime via the Stripe Customer Portal accessible from your account settings. Cancellation takes effect at the end of your current billing period — you keep access until then. We do not pro-rate refunds for partial periods.

Refunds. Refunds are at our discretion and granted only in exceptional circumstances (extended Service outage, billing error). Email hello@aspenesa.com to request consideration.

Price changes. We may change pricing for new subscribers at any time with or without notice. We will give existing subscribers at least 30 days' notice (via email) before changing their recurring price. Founding Family pricing is exempt from price increases as long as the subscription remains continuously active.

Service changes. We may modify, suspend, or discontinue features at any time. We will give reasonable notice for material changes that affect paid subscribers.

Acceptable use

You agree NOT to:

• Reverse engineer, decompile, or attempt to extract source code from the Service
• Scrape or systematically extract content from the Service
• Use the Service to violate any law or third-party rights
• Resell, sublicense, or redistribute access to the Service
• Use automated tools (bots, scripts) to interact with the Service except as we specifically permit
• Submit false, misleading, or harmful information to manipulate Aspen's responses
• Use the Service to harass, defame, or harm any person
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service

We may suspend or terminate accounts that violate these terms.

AI-generated content

The Service generates AI-powered responses, summaries, and verdicts. You acknowledge that:

• AI responses may contain errors, omissions, or inaccuracies
• AI responses are generated based on the Arizona ESA Parent Handbook and related public sources, but may not reflect the most current ClassWallet enforcement practices
• You are responsible for verifying AI-generated information before relying on it for important decisions
• We do not warrant that AI-generated content is accurate, complete, or fit for any particular purpose

Your content

You retain ownership of the information you provide to the Service (kid profiles, receipts, chat messages, eligibility check inputs, etc.). By providing this information, you grant us a non-exclusive, worldwide, royalty-free license to store, process, and display it solely for the purpose of operating the Service for you.

You also grant us the right to use anonymized, aggregated data derived from your use of the Service to improve the Service. We will not use your identifiable content to train AI models.

If you choose to share an eligibility check publicly (using the share feature), you grant us additional rights to display that shared content publicly until you delete it.

Our content

The Service, including its software, design, content, and the Aspen character, is owned by Aspen ESA, LLC and protected by intellectual property law. Except as explicitly granted by these Terms, you receive no license or other rights in the Service.

You may share Aspen's responses to your specific questions with friends, family, or in online communities — that's part of the Service's purpose. You may not republish Aspen's responses as if they were your own work, sell them, or use them to compete with Aspen ESA.

Third-party services

The Service relies on third-party services to provide AI processing, hosting, authentication, payments, email, analytics, and other infrastructure. Their availability, terms, and behavior are outside our control. We are not responsible for failures, outages, or breaches caused by third-party services.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THAT AI-GENERATED CONTENT WILL BE ACCURATE OR COMPLETE.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASPEN ESA, LLC AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED US DOLLARS ($100).

Indemnification

You agree to indemnify and hold harmless Aspen ESA, LLC and its owners, employees, and agents from any claims, damages, or expenses (including reasonable attorney's fees) arising from (i) your violation of these Terms, (ii) your misuse of the Service, or (iii) your violation of any third-party rights.

Governing law and disputes

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service must be brought in the state or federal courts located in Pima County, Arizona, and you consent to the personal jurisdiction of those courts.

Changes to these Terms

We may update these Terms from time to time. When we make material changes, we'll notify you by email and update the "Last updated" date at the top. Your continued use of the Service after a change constitutes acceptance. If you don't agree to the updated Terms, you must stop using the Service and may cancel your subscription.

Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms or for any other reason at our discretion.

You may terminate by canceling your subscription (if any) and closing your account in your account settings.

Upon termination:

• Your access to the Service ends
• We delete your account data per the timeline in our Privacy Policy
• Any obligations that by their nature should survive termination (intellectual property, indemnification, limitation of liability, dispute resolution) will survive