Draft — pending legal review. This document is not yet effective and may change before launch.
EAI Young Developer · Terms of Service
| Status | Draft v1.0 (initial publication-ready draft) · pending external counsel review |
| Effective Date | [TBD upon launch] |
| Last Updated | 2026-05-29 |
| Version | v1.0 |
A short note for young readers. These Terms are the rules for using EAI Young Developer. They are written for parents and grown-ups. There is a friendlier version for you — your Developer Promise and the rules in our Community Guidelines. Before you can use the Service, a parent will sign the Youth Developer Agreement for you. If you have questions, ask a parent or teacher.
§1. Acceptance and Scope
These Terms of Service ("Terms") are a binding agreement between you and [FF US Subsidiary Legal Entity Name], a Delaware corporation with its principal place of business at [Mailing Address] ("Company", "we", "us", or "our"). The Terms govern your access to and use of the website at eai-kids.com, its subdomains, the web-based code editor, the simulator, the physical-robot deployment functionality, community-interaction features, learning resources, and any other features or services we make available through the Service (collectively, the "Service").
By accessing or using the Service, you accept these Terms. If you do not accept these Terms, do not access or use the Service.
§1.1 Documents That Form Our Agreement With You
These Terms incorporate by reference the following documents, each of which forms part of our agreement with you:
- Privacy Policy
- COPPA Direct Notice to Parents
- DMCA Policy
- Community Guidelines
- Cookies and Tracking Technologies Notice
In addition, where a parent or legal guardian has signed the Youth Developer Agreement ("Youth Developer Agreement") on a Minor's behalf during the Verifiable Parental Consent ("VPC") flow, that Agreement also governs the use of the Service by that Minor and by the Parent on the Minor's behalf. The Children and Youth Developer Code of Conduct is a kid-facing personal pledge associated with the Youth Developer Agreement.
In case of conflict between these Terms and any incorporated document, the document more specifically governing the matter at issue prevails. The Youth Developer Agreement controls all matters of parental consent, the scope of the Parent's authority over a Minor's account, the intellectual-property license granted by a Minor User and a Parent (collectively, the Rightsholder) over the Minor's Skills, and physical-hardware-safety obligations.
§1.2 Audiences These Terms Govern
These Terms apply to four categories of person:
| Category | Description |
|---|---|
| Visitor | Any person who accesses any page of the Service without logging in |
| Registered Minor User | A user aged 5 through 17, whose account has been activated after a Parent has completed VPC and signed the Youth Developer Agreement |
| Registered 18+ User | A user aged 18 or older — a teacher, parent acting in an independent personal capacity, or community contributor — whose account has been activated through self-consent |
| Parent | The parent or legal guardian who has provided VPC for a Registered Minor User and signed the Youth Developer Agreement |
A Visitor is bound by these Terms (other than provisions that require registration). A Registered Minor User and the Parent are bound by these Terms and additionally by the Youth Developer Agreement, the latter of which controls in the event of conflict on matters within its scope. A Registered 18+ User self-consents to these Terms.
§1.3 Electronic Communications
By creating an account or using the Service, you consent to receive communications from us in electronic form (email, in-platform message, and prominent in-platform banner). You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing under the federal Electronic Signatures in Global and National Commerce Act (15 USC §7001 et seq.) and applicable state law.
§2. About the Service
§2.1 What the Service Is
The Service is an open community for K-12 children and youth focused on robotic-programming education. The Service is modeled on Scratch and micro:bit. Its principal features include:
- A web-based code editor (block-based or text-based) for creating projects ("Skills");
- A simulator in which Skills can be run without physical hardware;
- A physical-hardware deployment path for running Skills on supported FF EAI Brain robots (Futurist, Master, FX Aegis, FX Navi, or other model identified by the Company);
- An open publishing path for sharing Skills with the community;
- Community features for browsing, downloading, and Remixing (forking and modifying) published Skills;
- Limited community-interaction features (preset comments, emoji reactions, follows, favorites, reports);
- Learning resources (tutorials, sample projects, documentation).
§2.2 What the Service Is Not
The Service is not a paid product, a subscription service, a tipping or donation platform, a marketplace, a payment service, an advertising network, an educational-record system, a learning-management system, a virtual currency, a financial service, an investment service, or a medical, legal, or psychological-counseling service. The Service is intended for educational, learning, creative, and recreational use only.
§2.3 Zero-Commerce Declaration
The Service does not charge fees, accept tips, accept donations between users, issue virtual currency, host paid Skills, run advertising, run sponsored content, or include any in-platform commercial transaction of any kind. This is a structural commitment, not a marketing preference. The complete list of prohibited commercial conduct is in Community Guidelines §2.3 and in Youth Developer Agreement §6.3 and §9(f).
If a family wishes to commercialize a work derived from a Minor's project, the only permitted path is for a Parent to register an account on the Company's separate, adult-only EAI Brain Developer Platform and Store under that Parent's name as a legal entity aged 18 or older, and to list the work through the Store's separate review process and tax procedures. The community itself is non-transactional.
§2.4 No Reliance on Safety-Critical Applications
The Service is not designed, marketed, or intended for any application that requires fail-safe performance, including any application in which failure could lead to death, personal injury beyond ordinary household accidents, or severe environmental or property damage. The Service is not designed, marketed, or intended for use in any medical, surgical, life-support, military, navigation, air-traffic-control, nuclear, mass-transit, or critical-infrastructure context. Any such use is at your sole risk and is outside the scope of these Terms.
§2.5 Changes to the Service
We may add, change, remove, or discontinue features of the Service at our discretion to improve the Service, comply with law, address operational or security needs, or respond to user feedback. We will give reasonable notice of any change that materially diminishes functionality, except where immediate action is necessary to address a legal, security, or safety concern.
§3. Eligibility, Age, and Consent
§3.1 Age Bands
The Service is offered to users in the following age categories:
| Category | Age | Activation |
|---|---|---|
| Younger child | 5–7 | Account activated after Parent completes VPC and signs the Youth Developer Agreement; templated-creation mode by default; system-generated random username required |
| Older child | 8–12 | Account activated after Parent completes VPC and signs the Youth Developer Agreement; standard editor |
| Teen | 13–17 | Account activated after Parent completes VPC and signs the Youth Developer Agreement; standard editor; age-appropriate self-management within the Parent's supervision |
| Adult | 18+ | Self-consent; full features of the Service available |
§3.2 Verifiable Parental Consent for All Minor Users
By the express terms of these Terms and of the Youth Developer Agreement, all users aged 5 through 17 (inclusive) require VPC through methods that comply with 16 CFR §312.5(b)(2). The VPC scope extends to teen users (13–17) in addition to the COPPA federal floor of children under 13, as a deliberate child-protection posture. The VPC flow and available verification methods are described in Privacy Policy §4 and COPPA Direct Notice §How to Give Your Consent.
§3.3 Misrepresentation of Age
Providing false age information — whether by an adult misrepresenting himself or herself as a child, by a child misrepresenting his or her age to circumvent the age gate, by a person 18 or older operating a Minor account, or by any other means — is a material breach of these Terms and may result in immediate suspension or termination of the account. We design our age gate to be neutral (in compliance with the lesson of In re Kurbo, FTC No. C-4773 (2022)) and we apply the "sticky age band" principle: once an age band is assigned at registration based on the user-provided date of birth, the band may not be unilaterally changed by the user. The band advances automatically on the user's birthday into the next band.
§3.4 18+ Self-Consent
A user aged 18 or older self-consents to these Terms. The user represents and warrants that he or she has the legal capacity to enter into these Terms.
§3.5 No Use Where Prohibited by Law
You may not use the Service if you are located in a jurisdiction where the Service is not lawfully offered. We do not assert that the Service is appropriate or available for use in all locations. Persons who choose to access the Service from any location do so on their own initiative and are responsible for compliance with local law.
§4. Accounts
§4.1 Account Creation
Account creation requires:
- Selection or system-generation of a username, in accordance with §4.2 below;
- A password of at least 6 characters for the 5–7 age band, or at least 8 characters for all other age bands;
- For Minor Users: a Parent Email and successful VPC completion;
- For 18+ Users: a personal email address (verified).
A Minor User does not provide a personal email address. The Parent Email is the principal channel for communications relating to the Minor's account, including password recovery, parental-rights confirmations, and material-change notices.
§4.2 Username and Display Rules
A username is a public identifier within the Service. Usernames must:
- Be 3 to 20 characters in length;
- Use only letters (a–z, A–Z), digits (0–9), underscores (
_), and hyphens (-); - Begin with a letter;
- Be unique across the Service (case-insensitive to prevent spoofing);
- Comply with the prohibited-word list maintained by the Company, which excludes (among other categories) real-name patterns, explicit, hateful, violent, sexual, or self-harm vocabulary, contact-information patterns (
@,wechat,qq, six-or-more consecutive digits), administrative names (admin,mod, etc.), Platform brands, and sensitive geographic or school cues.
For the 5–7 age band, a system-generated random username (such as BluePanda1234) is required. For the 8–12 age band, the system recommends three randomized usernames and a custom path is available within the prohibited-word filter. For users 13 and older, the username may be freely chosen subject to the prohibited-word filter.
A username is not displayed in the external URL path of a user profile. Profile URLs use the form eai-kids.com/u/[opaque-id] rather than eai-kids.com/u/[username] to reduce persistent-identifier exposure.
A username may be changed once every 90 days. The prior username is reserved for 30 days following a change to prevent impersonation.
§4.3 Passwords and Account Security
You are responsible for safeguarding your account credentials. You may not share your password with others, and you may not reuse the password on third-party websites. All activity occurring under your account is deemed your activity (or, for a Minor account, the activity of the Parent on the Minor's behalf). If you have reason to believe your account has been compromised, contact legal@eai-kids.com immediately and change your password through Account Settings.
Passwords are stored as one-way hashes using bcrypt or argon2. No Company employee can view a plaintext password. Password recovery is handled by a one-time reset link sent to the Parent Email (for Minor accounts) or the user's registered email (for 18+ accounts). We do not use knowledge-based "security questions" for password recovery, because such questions tend to collect personal information from children.
§4.4 One Account per Person
Each natural person may register only one account. Sale, transfer, or lease of accounts is prohibited. Creation of accounts on behalf of others is prohibited, except that a Parent's creation of a Minor account during the VPC flow is permitted and required.
For a family with multiple children, a single Parent may create independent sub-profiles for each child under the same Parent Email; each sub-profile counts as a separate Minor account for purposes of these Terms.
§4.5 Account Closure
You may close your account at any time through Account Settings or by contacting privacy@eai-kids.com. For a Minor account, closure may be initiated by the Parent through the same channels and is subject to the one-click parental deletion process described in Privacy Policy §5.
§5. User Content
§5.1 What Is User Content
"User Content" means all content you publish, upload, submit, or transmit through the Service, including Skill code (block or text), Skill metadata (title, description, tags, auto-generated thumbnails), preset-template comments, reports filed, public profile elements (display name, avatar selection, follow list), and appeals or feedback you submit.
§5.2 No Media Uploads
User Content must not include user-uploaded images, video, audio, 3D models, fonts, executable files, or any binary asset. Skills draw assets only from (a) the user's own block-based or text-based code, and (b) the Platform's preset asset library. Skill thumbnails are auto-generated from Skill runtime or selected from a Platform preset library. This is a structural design constraint, enforced at the upload pipeline; attempts to circumvent it through any technique may result in immediate account suspension.
§5.3 You Retain Copyright; You Grant Open License
You retain copyright and other intellectual-property rights in the User Content you create. By publishing a Skill to the Service, you grant to other Platform Users and to the public a license under Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0; full license text at https://creativecommons.org/licenses/by-sa/4.0/legalcode) to:
- Share — copy and redistribute the Skill in any medium or format;
- Adapt — Remix, transform, and build upon the Skill.
The license is subject to: (a) Attribution — recipients must preserve the original author's username (the "Rightsholder Attribution"), the Skill title, a link to the original Skill on the Service, the copyright notice, and the license identifier; (b) ShareAlike — derivative works (Remixes) must be distributed under the same CC BY-SA 4.0; (c) No additional restrictions — recipients may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
The CC BY-SA 4.0 license, once granted to a published Skill version, is irrevocable as to that version. You may stop future distribution at any time by deleting the Skill from the Service; copies previously downloaded or Remixed by other users may remain in those users' possession under the license.
§5.4 Special Treatment for Minor-User Identity
Notwithstanding the open license you grant to other users in §5.3, the Company will not use a Minor User's real name, photograph, voice, or likeness in any external marketing, advertising, or promotional material without separate, specific written consent from the Parent. The open license applies to the published Skill's code and metadata, not to the Minor User's personal identity.
§5.5 Limited License to the Company
To operate the Service, you grant the Company a worldwide, non-exclusive, terminable, royalty-free license to: display your User Content within the Service (including search results, recommendation slots, Remix trees, and user profiles); accelerate distribution via CDN and caching infrastructure; generate, within reasonable scope, project preview images, thumbnails, auto-screenshots, and auto-GIFs; reproduce for the purposes of moderation, security backup, disaster recovery, and audit; and disclose to regulators or judicial authorities pursuant to compliance requests or court orders.
This license does not include: use of your User Content for commercial advertising; sale of your User Content; or use of your User Content to train general-purpose AI models. See Privacy Policy §7.
§5.6 Your Representations About User Content
By publishing User Content, you represent and warrant that:
- You are the original author of the content, or you have lawfully obtained all licenses, rights, and consents required to publish it;
- The content does not infringe any third party's copyright, trademark, patent, trade secret, right of privacy, or right of publicity;
- The content does not violate any law;
- The content does not contain personal information that identifies you, a Minor User, a family member, classmate, friend, or any third party;
- The content does not direct users to off-platform commercial transactions or off-platform communication channels.
§5.7 No Right to Demand Attribution Removal
You acknowledge that the attribution and license terms attached to your Skill upon publication are integral to the CC BY-SA 4.0 license you grant. You may not require the Service or any user to remove your attribution from a Remix that complies with the license, except where you reasonably believe the attribution is itself defamatory, harassing, or otherwise harmful to you, in which case the Service will evaluate the request in accordance with the Community Guidelines and applicable law.
§5.8 Disputes over Originality
If you reasonably believe another user has published a Skill that is substantially copied from your work without proper Remix attribution, you may submit a report through the in-platform reporting channels. We review such reports in accordance with the Community Guidelines and, where appropriate, may retroactively link the work into the Remix chain, require attribution, or remove the work. Where the dispute concerns copyright infringement rather than community-attribution practices, the affected party should follow the DMCA Policy.
§6. Acceptable Use
§6.1 The Community Guidelines Apply
The Community Guidelines are the acceptable-use policy that applies to all User Content and all interaction on the Service. The Community Guidelines describe in detail the prohibited content categories, the moderation procedure, the three-tier penalty mechanism, the appeals procedure, and the safeguarding (child-protection) red lines. The Community Guidelines are incorporated into these Terms by reference.
§6.2 Summary Prohibitions
Without limiting the Community Guidelines, the following conduct is prohibited:
- Use of the Service or any connected hardware in a manner that creates a foreseeable risk of bodily injury, death, or significant property damage;
- Disabling, bypassing, or attempting to disable any safety feature, content filter, parental control, or rate limit;
- Publishing User Content containing personal information about you, a Minor User, a family member, classmate, friend, or any third party;
- Sharing personal information with other users, requesting in-person meetings, or attempting to obtain personal information from others;
- Publishing User Content inappropriate for a minor audience (sexual, graphic violence, hate speech, harassment, drugs, weapons, gambling, etc., as enumerated in the Community Guidelines);
- Use of the Service for any commercial purpose, including sale, subscription, advertising lead-generation, paid promotion, cryptocurrency-related activity, or external commercial diversion;
- Circumvention of age verification, parental consent requirements, or any access control;
- Use of the Service in violation of applicable US law, including export control, sanctions, minor-protection, and consumer-protection laws;
- Use of multiple accounts to circumvent program limits, parental controls, or enforcement actions;
- Use of the Service to develop, train, or operate any weapons system, surveillance system, or restricted-use system within the meaning of our published policies;
- Allowing any individual other than the identified account holder (or, for a Minor account, the Parent supervising the account) to use the account;
- Impersonating another person, providing false age information, falsifying a guardianship relationship, or making any other false representation;
- Scraping, harvesting, or extracting User Content in bulk for any purpose, including the training of AI models (see §10.4 below).
§6.3 Enforcement
Violations are addressed under the three-tier penalty mechanism in Community Guidelines §4. Account-level consequences are subject to the six-month appeals window in Community Guidelines §5 and, where the user holds a Youth Developer Agreement, the procedure in Youth Developer Agreement §5A. Repeat-infringer terminations under 17 USC §512 are addressed in the DMCA Policy.
§7. Open-Platform Operation
§7.1 Open-Platform Model
The Service operates on an open-platform model analogous to Scratch and similar platforms. Its essential characteristics are: (a) users publish Skills, the Company reviews each Skill for safety, age-appropriateness, content compliance, and absence of personal information, approved Skills become publicly available, and other users may freely download, use, and Remix them; (b) no monetary transactions occur at any stage; and (c) the Company's role is provider of development tools and infrastructure, safety reviewer, and steward of platform order — not a curator or seller as in an "app store."
§7.2 Skill Review
Each Skill you publish is subject to review by the Company. The Company may, in its reasonable discretion, accept, reject, request modifications to, suspend, or remove any Skill. Notification of the review decision is delivered through in-account notice and (for Minor accounts) the Parent Email, within 5 business days of decision. If a Skill is rejected or removed, the Company will, to the extent consistent with security and confidentiality obligations, provide the principal reason and explain the appeals path under Community Guidelines §5 and Youth Developer Agreement §5A.
Skill review applies heightened standards appropriate for an audience that includes minors, including review for safety, age-appropriateness, content suitability, privacy (in particular the absence of personal information), absence of malicious code, and compliance with these Terms and the Community Guidelines.
§7.3 Remix
A published Skill is available to other Platform Users in a "remixable" form. Other users may, while preserving the Rightsholder Attribution, download, modify, extend, and republish derivative versions to the Service under CC BY-SA 4.0. Remix is a core mechanism of learning and creativity within the Service. Minor Users participate as publishers and as remixers on equal footing.
The Remix chain is displayed on the Skill page. Where an intermediate work in a Remix chain is deleted, the chain integrity is preserved by displaying the original Rightsholder Attribution and a marker indicating the deleted intermediate node.
§7.4 Downloading and Using Other Users' Skills
When you download and use a Skill published by another Platform User, you must: use the Skill only for personal non-commercial purposes within the scope of CC BY-SA 4.0; preserve the original author's attribution in a reasonably visible manner; not remove, alter, or obscure any watermark, attribution, or metadata embedded by the author; and comply with these Terms and the Community Guidelines.
§7.5 Platform Interaction
In addition to publishing, downloading, and Remixing, the Service includes limited interaction features that the Company makes available from time to time (preset-phrase comments, emoji reactions, follows, favorites, reports). All Platform interaction is subject to the Community Guidelines. The Company does not, by default, enable algorithmic-recommender feeds for Minor accounts.
§8. Hardware Use and Safety
§8.1 Hardware Is Owned by the User's Family
Where a Skill is deployed to a physical FF EAI Brain robot, the hardware is owned, leased, or otherwise controlled by the user's family. The Parent (for a Minor account) and the user (for an 18+ account) is responsible for: setting up and operating the hardware safely; supervising any operation of the hardware by a Minor; maintaining the hardware in accordance with manufacturer instructions; ensuring the operating environment is appropriate; and keeping the hardware away from infants, very young children, pets, fragile objects, and unsafe environments.
§8.2 Safety Envelope
All Skills deployed to physical hardware must operate within the Company's published safety envelope for the hardware (speed, force, working radius, audible warning, required human-presence detection, and similar parameters). A Skill that disables, bypasses, or modifies the safety envelope is prohibited, may be removed without notice, and may result in account suspension or termination. The full safety framework is in Youth Developer Agreement §8.
§8.3 Simulation-First
Skills should be tested in the simulator before deployment to physical hardware. The Service may restrict or block deployment to physical hardware of Skills that have not undergone safety review. Where reasonably practicable, the Company will explain the principal reason and refer the appellant to Community Guidelines §5 for appeals.
§8.4 Acknowledgment of Risk
Robotic systems are physical machines that may cause bodily injury or property damage if misused, improperly deployed, inadequately supervised, or if the underlying software or hardware fails. By using physical-robot deployment features, you acknowledge this risk and accept primary responsibility for supervising operation. You are responsible for maintaining appropriate homeowners, renters, or other liability insurance covering such use.
§8.5 Reporting Safety Incidents
Any adult with knowledge that a Skill or connected hardware has caused, or could foreseeably cause, bodily injury or significant property damage should notify us within 72 hours through safeguarding@eai-kids.com or, in emergencies involving ongoing risk, by calling 911 or local emergency services first and then notifying us.
§9. Privacy
Our privacy practices are described in the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood it.
For Minor accounts, additional privacy disclosures are in the COPPA Direct Notice to Parents. Cookies and similar tracking technologies are described in the Cookies and Tracking Technologies Notice.
§10. Intellectual Property; AI Training Restrictions
§10.1 Company Intellectual Property
The Service, including its software, design, branding, documentation, sample projects, and learning resources, is the property of the Company or its licensors and is protected by United States and international intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for the educational and non-commercial purposes described in these Terms.
§10.2 Trademark
"EAI Young Developer," "FF," "FX," "FX Aegis," "FX Navi," "Futurist," "Master," and any associated logos are trademarks of the Company or its affiliates. You may not use these trademarks without the Company's prior written consent except for nominative reference to the Service in accordance with applicable trademark law.
§10.3 Open Source and Third-Party Content
The Service may incorporate open-source components and pre-approved third-party assets in accordance with our published policies. You may include in your Skills only assets properly licensed for the use, and not subject to copyleft or similar licenses incompatible with CC BY-SA 4.0.
§10.4 Anti-AI-Scraping Declaration
We do not consent to any third party scraping, crawling, harvesting, or downloading any User Content, Platform asset, documentation, or metadata for the purpose of developing, training, fine-tuning, evaluating, or operating any artificial-intelligence model, machine-learning system, large-language model, embedding model, generative model, or related technology. Without our express written authorization, any such use constitutes unauthorized access to the Service within the meaning of applicable computer-fraud and unfair-competition laws, in addition to a breach of these Terms.
Our robots.txt, sitemap, and any ai.txt or similar standardized opt-out signal we publish are deemed an express, binding declaration of non-consent for purposes of any present or future statutory text-and-data-mining opt-out regime.
This declaration does not restrict (a) lawful, non-commercial use by a user of a Skill the user has downloaded under CC BY-SA 4.0 in accordance with the license terms (which themselves prohibit the imposition of additional restrictions on downstream users); or (b) use by the Company as described in Privacy Policy §7.
§10.5 No User Use for Training Other AI
You may not use the Service or any User Content accessed through the Service to train, fine-tune, evaluate, or otherwise develop any artificial-intelligence model, machine-learning system, or related technology, except (a) to the extent the relevant User Content is licensed to you under CC BY-SA 4.0 and your use complies with all conditions of that license (including ShareAlike), and (b) such use is not otherwise prohibited by these Terms or applicable law. The CC BY-SA 4.0 license does not authorize you to scrape the Service or circumvent any technical measure to extract content in bulk.
§10.6 DMCA
Copyright complaints are handled under the DMCA Policy. Our Designated Agent is identified in DMCA Policy §3. Repeat-infringer terminations under 17 USC §512(i) are processed under DMCA Policy §6.
§11. Termination
§11.1 Termination by You
You may terminate these Terms at any time by closing your account through Account Settings or by contacting privacy@eai-kids.com. For a Minor account, the Parent may close the account at any time per Privacy Policy §5.
§11.2 Termination by the Company
We may suspend or terminate your access to the Service at any time, in our reasonable discretion, for reasons including: a material violation of these Terms, the Community Guidelines, or applicable law; conduct that threatens the safety of Minors, other users, or the Platform; or where required to comply with a legal obligation. We will provide advance notice where reasonably practicable; in cases of emergency safety risk, we may take immediate action.
§11.3 Effect of Termination
Upon termination of your account: your right to access the Service ceases; CC BY-SA 4.0 licenses you have granted on previously published Skill versions remain in effect with respect to copies already downloaded or Remixed; your published Skills are removed from active distribution from our Service; you may request export or deletion of your personal information consistent with the Privacy Policy; and provisions of these Terms that by their nature survive termination — including §5 (User Content license), §10 (IP and AI restrictions), §12 (Disclaimers), §13 (Limitation of Liability), §14 (Indemnification), §15 (Disputes), and §17 (General Provisions) — survive.
§12. Disclaimers
§12.1 "As Is" / "As Available"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT TO THE EXTENT SUCH DISCLAIMER IS PROHIBITED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR INDUSTRY PRACTICE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY ERRORS WILL BE TIMELY CORRECTED; THAT LOST DATA WILL BE RECOVERED; OR THAT THE SERVICE WILL BE AVAILABLE ON ANY PARTICULAR DEVICE, OPERATING SYSTEM, BROWSER, OR NETWORK CONDITION.
§12.2 Educational Positioning
The Service is positioned as a programming-education and creative community. The Service is not a production tool, industrial control system, safety-critical system, or "professional advice" in any sense. We do not guarantee that use of the Service will achieve any specific learning outcome, skill level, or examination or competition result. Tutorials and documentation are educational in nature and do not constitute programming certification, a computer-science degree, or occupational qualification.
§12.3 Parental Supervision of Physical-Robot Operation
A purpose of the Service is to drive physical robots in the real world. Minor Users (particularly those in the 5–7 and 8–12 age bands) must operate physical robots under the on-site supervision of a Parent or other adult. The Service is not responsible for personal injury, property loss, or third-party harm caused by violation of the safety operating specifications, self-modification of hardware, improper use of third-party accessories, or use in unsuitable environments. See Youth Developer Agreement §8.
§12.4 User Content
User Content originates from many sources; some may contain inaccuracies or material some users find offensive or inappropriate. We exercise reasonable diligence to reduce risk through the moderation mechanism in Community Guidelines §3, but we do not warrant that all User Content is compliant, healthy, or accurate. You agree to exercise your own judgment and bear the risk of exposure to User Content.
§12.5 Beta and Experimental Features
From time to time we may make experimental, beta, preview, or developer-preview features available. Such features are provided on an "AS IS" basis with no warranty of any kind, may be modified or discontinued without notice, and should not be relied upon for any purpose. We reserve the right, in our discretion, to limit, suspend, or revoke access to any beta or experimental feature.
§12.6 Minimum Statutory Exceptions
The disclaimers in this Section apply only to the maximum extent permitted by applicable law. We do not waive any non-waivable warranty. Nothing in these Terms is intended to disclaim any warranty or liability that cannot be disclaimed or limited under applicable law, including with respect to bodily injury or death of minors.
§13. Limitation of Liability
§13.1 No Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, AND AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOST PROFITS, LOST GOODWILL, LOST DATA, OR LOSS OF INTANGIBLE ASSETS; OR BUSINESS INTERRUPTION OR COST OF SUBSTITUTE SERVICES — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
§13.2 Aggregate Cap
To the maximum extent permitted by applicable law, the Company Parties' aggregate liability to you for claims arising out of or relating to these Terms will not exceed the greater of (a) the total amounts you have actually paid to the Company in the 12 months preceding the event giving rise to the claim — which, given that the Service is offered without charge to community users (see §2.3), is typically US$0 — and (b) US$1,000 (placeholder, to be confirmed by external counsel upon launch).
§13.3 Non-Waivable Liability
The limitations in this Section do not apply to (a) bodily injury or death caused by our gross negligence or willful misconduct; (b) any liability that cannot be limited or excluded under applicable law (including consumer-protection laws, minor-protection laws, and laws governing claims by minors); or (c) our intentional misuse of Minor personal information.
§13.4 Essential Basis of the Bargain
The disclaimers in §12 and the limitations in this Section are an essential basis of the bargain between you and the Company. The Service is offered without charge to community users, and this allocation of risk reflects that fact.
§14. Indemnification
To the maximum extent permitted by applicable law, you agree to defend and indemnify the Company Parties against all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your unauthorized use or misuse of the Service;
- Your material breach of these Terms, any representation or warranty you have made, any incorporated policy, or applicable law;
- Your infringement of any third-party right (including intellectual property, personality, privacy, or publicity right);
- Any dispute between you and any other user or third party arising from your use of the Service;
- User Content you have published, including any breach of the representations in §5.6; or
- Loss caused to the Company, other users, or third parties by your breach of the zero-commerce provisions of §2.3.
For a Minor account, the Parent assumes the indemnification obligation by proxy by virtue of signing the Youth Developer Agreement.
We reserve the right to assume exclusive defense and control of any matter for which you are required to indemnify us, at our expense. You will cooperate with our defense by providing reasonable assistance, information, and authority. You will not settle a claim involving the Company Parties without our prior written consent, which will not be unreasonably withheld with respect to a settlement involving solely the payment of money by you and a full release of the Company Parties.
§15. Dispute Resolution
§15.1 Informal Resolution First
Before initiating any formal proceeding, you and we will attempt to resolve the dispute informally by contacting legal@eai-kids.com with a written description of the dispute and engaging in good-faith discussion for at least 30 days.
§15.2 No Mandatory Arbitration for Claims by or on Behalf of Minors
These Terms do not require mandatory arbitration or include a class-action waiver with respect to claims brought by or on behalf of Minors. This reflects applicable limitations on the enforceability of such provisions against minors under United States law.
§15.3 Court Resolution
If informal resolution under §15.1 is unsuccessful, the parties may pursue resolution in a court of competent jurisdiction. You and we agree to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, for any dispute arising out of or relating to these Terms or the Service, except for matters subject to small-claims jurisdiction under §15.5.
The parties waive any objection to venue based on inconvenient forum, provided that nothing in this section requires a consumer to litigate in a forum that is, in the circumstances, fundamentally inconvenient or contrary to applicable consumer-protection law of the consumer's state of residence; in such case, the consumer may bring the matter in a court of competent jurisdiction in the consumer's state of residence.
§15.4 Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For users residing outside the United States, the supplemental provisions of Privacy Policy §12 apply where they provide a higher protection than these Terms.
§15.5 Small-Claims Carve-Out
Either party may bring a qualifying individual action in small-claims court for matters within the court's jurisdiction.
§15.6 No Class or Representative Action
Each party agrees that any dispute will be brought on an individual basis only. Nothing in this provision is intended to constitute a class-action waiver against a Minor, which is unenforceable under United States law as applied to minors and is not asserted here.
§15.7 Consumer Protection Laws
Nothing in these Terms waives or limits any non-waivable consumer-protection right under the applicable law of your jurisdiction of residence, including without limitation rights under CA SB 976, CA AB 2273, CA AB 1394, the Texas SCOPE Act, the New York SAFE for Kids Act, New York Education Law §2-d, Illinois SOPPA, Illinois BIPA, the CCPA, the CPRA, the GDPR, the PRC Personal Information Protection Law, the PRC Minors Protection Law, the PRC Regulations on the Network Protection of Minors, and any other equivalent or analogous law. To the extent a provision of these Terms conflicts with a non-waivable consumer-protection right, the non-waivable right prevails solely to the extent of the conflict.
§15.8 One-Year Limitations Period
Any claim or cause of action arising under these Terms or out of your use of the Service must be brought within one year from the date the claim or cause of action arose, except as the foregoing limitation is prohibited by applicable law (and except that this limitation does not apply to claims that cannot be limited by contract under the law applicable to a Minor).
§16. Changes to These Terms
We may modify these Terms from time to time. Modified versions are published at the URL of these Terms (eai-kids.com/legal/terms) with the version number and effective date updated.
- Non-material modifications take effect upon publication.
- Material modifications affecting your substantive rights or obligations (including, without limitation, the §5 User Content license, the §13 limitation of liability, §15 dispute resolution, or any change requiring re-consent under Privacy Policy §4.4) are subject to at least 30 days' advance notice via Parent Email (for Minor accounts) or registered email (for 18+ accounts), and via prominent in-platform banner.
- For Minor accounts, material modifications trigger a re-consent prompt at the Parent's next login through the Parent Portal.
- The Company maintains a complete version-history audit log for regulatory and judicial evidentiary purposes.
If you do not consent to a material modification, you may close your account before the effective date. Continued use after the effective date constitutes acceptance.
§17. General Provisions
§17.1 Entire Agreement
These Terms (with the incorporated documents listed in §1.1 and, where applicable, the Youth Developer Agreement) constitute the entire agreement between you and the Company with respect to the Service and supersede all prior negotiations, representations, and agreements.
§17.2 Severability
If any provision is held invalid, unlawful, or unenforceable by a court of competent jurisdiction, the provision will be modified to the minimum extent necessary to render it valid; the remaining provisions will continue in full force and effect.
§17.3 Waiver
A failure or delay in exercising any right under these Terms is not a waiver of the right. A waiver must be in writing signed by an authorized representative of the Company to be effective.
§17.4 Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or asset transfer, with notice via Parent Email or in-platform banner. Your sole remedy if you object to such an assignment is to close your account before the effective date.
§17.5 Force Majeure
We will not be liable for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, war, government action, telecommunications-network failure, power outage, third-party vendor failure, pandemic, or material change in regulatory policy.
§17.6 No Agency
Nothing in these Terms creates an agency, partnership, joint venture, employment, or fiduciary relationship between you and the Company. Neither party has authority to bind the other in any respect.
§17.7 No Third-Party Beneficiaries
Except in the limited cases expressly listed in these Terms (such as the rights granted to the public under CC BY-SA 4.0 by §5.3), these Terms do not create any third-party-beneficiary rights.
§17.8 Construction
These Terms will be construed as if drafted jointly by the parties. The words "include," "includes," and "including" are deemed to be followed by the words "without limitation." References to a person include the person's successors and permitted assigns. References to a statute, rule, or regulation include any amendment and any successor statute, rule, or regulation. Section headings are for ease of reading and do not affect interpretation.
§17.9 Language
The English-language version of these Terms is the controlling version. A Chinese-language translation may be made available for convenience; in case of conflict between language versions in matters governed by United States law and involving the United States entity, the English version controls.
§17.10 Notices
Notices from us to you may be given by email (Parent Email for Minor accounts, registered email for 18+ accounts), in-platform message, or prominent in-platform banner; delivery by any such method is effective service. Notices from you to us should be sent to the address or email listed in §18.
§17.11 Electronic Acceptance
Electronic signature or click-through acceptance is binding under the federal ESIGN Act (15 USC §7001 et seq.).
§17.12 Surviving Provisions
The following sections survive termination of these Terms: §5 (User Content license), §10 (IP and AI), §11.3 (Effect of Termination), §12 (Disclaimers), §13 (Limitation of Liability), §14 (Indemnification), §15 (Disputes), §17 (General Provisions), and §18 (Contact).
§18. Contact
| Purpose | Contact |
|---|---|
| General legal questions and matters relating to these Terms | legal@eai-kids.com |
| Privacy questions and parental-rights requests | privacy@eai-kids.com |
| Emergency child-safety reports | safeguarding@eai-kids.com |
| General reports and content complaints | reporting@eai-kids.com |
| DMCA infringement notices | dmca@eai-kids.com |
| Postal mail | [FF US Subsidiary Legal Entity Name], Attn: Legal Department, [Mailing Address] |
§19. Version
| Item | Content |
|---|---|
| Version | v1.0 (Initial publication-ready draft, pending external counsel review) |
| Drafting Date | 2026-05-29 |
| Effective Date | [TBD upon launch] |
| Last Updated | 2026-05-29 |
| Companion Documents | Privacy Policy · COPPA Direct Notice · DMCA Policy · Community Guidelines · Cookies Notice · Youth Developer Agreement · Code of Conduct |
End · For questions, contact legal@eai-kids.com.