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
• 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.

Free community access

Aspen ESA currently offers its available features at no charge to Arizona ESA families. No new subscription is required or offered.

AI use is limited to up to 10 chat messages, 2 eligibility checks, 1 recommendation session and 5 receipt analyses per account per day. Daily allowances reset at midnight Phoenix time. Per-account cost limits and shared monthly capacity also apply and may limit availability before these counts are reached. Saved records and non-AI tools remain accessible when AI capacity is exhausted. We may adjust allowances to keep the Service sustainable.

Historical payments, cancellation rights and any refund commitments made at purchase are not changed by this transition. Contact hello@aspenesa.com for historical billing assistance; Apple and Google purchases can also be managed through the applicable store account. Making Aspen free does not itself cancel an existing store or Stripe subscription.

We may modify or discontinue the Service with reasonable notice for material changes.

Free community access is not a promise of lifetime service, uninterrupted availability, or unlimited AI. Keep original receipts and other important records outside Aspen. Recovery backups are not a personal archival service or a guarantee that every record can be recovered.

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 a chat, eligibility check, or review publicly, you authorize us to display that selected content. Removing it from Aspen cannot remove copies that recipients have already downloaded or shared elsewhere.

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 to the extent permitted by law. If you don't agree, you may stop using the Service and request account deletion. Historical billing rights are not waived by these updates.

Termination

We may suspend or terminate access for violations of these Terms, security or legal reasons, or discontinuation of the Service. We provide reasonable notice of material service changes where practicable; urgent safety or legal action may require immediate restriction.

You may request permanent account deletion from Account > Request account deletion, or at aspenesa.com/delete-account. An administrator processes the request manually; we aim to complete it within 30 days, or sooner when required, and email confirmation. Deletion covers the account and associated content, not only deactivation. Live deletion and limited backup/billing retention are described in the Privacy Policy. Contact hello@aspenesa.com if you cannot access your account or need to withdraw an unprocessed request.

Account deletion does not automatically cancel any historical Stripe, Apple, or Google subscription. Manage store subscriptions through that store and contact us for historical Stripe billing assistance. You may request deletion without waiting for a subscription term to end.

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