Terms of Use

Last updated: May 31, 2026

These terms govern your use of the k5 Genie websites and applications (the “Service”). By creating an account, signing in, subscribing, or otherwise using the Service, you agree to be bound by these terms. If you do not agree to these terms, you must not use the Service.

Who we are

The Service is offered by Cheerful Games Inc, with a principal address at 430 245th Ave SE, Sammamish, WA 98074.

Eligibility and Supervision

The Service is designed for adults—parents, guardians, teachers, or other caregivers—to use with children in grades K–5 under appropriate supervision. Account registration, checkout, and acceptance of these terms must be completed by an adult who can form a binding contract. You are responsible for supervising learners and for ensuring that use complies with your household, school, or district rules.

Accounts

You must provide accurate information when creating an account and are responsible for keeping your credentials secure. You are responsible for all activity under your account. You must notify us promptly of any unauthorized use. We may suspend access to protect the Service or users if we reasonably suspect abuse, fraud, or non-payment.

License to use the Service

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal or, where permitted, educational classroom use. You may not resell access, scrape the Service at scale, probe for vulnerabilities, interfere with other users, or attempt to bypass metering, authentication, or billing controls.

Your content

You retain ownership of the material you submit. You grant us permission to host, process, transmit, and display that content only as needed to operate the Service, including through vendors and model providers described in our Privacy Policy. You agree not to upload confidential, regulated, or unlawful material, or anything you are not authorized to share. You specifically agree not to upload content that contains PII (Personally Identifiable Information) such as full names, home addresses, or contact information of children.

AI-generated output

Outputs may be incorrect, incomplete, or unsuitable for a particular learner. The Service is not a substitute for professional judgment, curriculum decisions, clinical care, or human instruction. Adults should review all AI-generated outputs before use with children.

Acceptable use

You will not upload or generate unlawful, harmful, harassing, or infringing content; attempt to access others’ data; overload our systems; or use the Service to build a competing product by systematically copying prompts, outputs, or non-public interfaces.

Fees, subscriptions, and Genie Points

Some features are free with usage limits; others require a paid subscription processed by our payment partner, Stripe. By clicking "Subscribe" or "Purchase," you authorize our payment processor to charge your selected payment method. Pricing, renewal frequency, and plan limits are shown at checkout and on the Subscription and Genie Points pages. Subscriptions renew automatically until you cancel through the Stripe customer billing flow linked within the app.

Free trials: We may offer a free trial for a limited period shown at sign-up or checkout. Unless you cancel before the trial ends, your trial will automatically convert to a paid subscription and your selected payment method will be charged at the then-current price and renewal frequency. You can cancel at any time before the trial ends—through the Stripe customer billing flow linked within the app—to avoid being charged. Trials are limited to one per customer unless we state otherwise.

Refunds: Unless required by law or expressly stated at checkout, fees are non-refundable once a billing period has started. You can cancel future renewals at any time, and your access continues until the end of the current paid period.

Genie Points: Genie Points do not expire as long as your account remains in good standing. We reserve the right to adjust point weights for specific features or tasks at any time. Point weights and daily caps are enforced server-side.

Intellectual property

We own the software, branding, and documentation provided, excluding your submitted content and lawfully generated outputs intended for your personal or classroom use. Do not remove proprietary notices or copy our proprietary materials except as allowed by law.

Termination

We may suspend or terminate access for violations of these terms, for risk management, billing issues (e.g., past-due status), or to protect the Service or users. You may stop using the Service at any time. Provisions regarding disclaimers, limitations of liability, and indemnity shall survive the termination of these terms.

Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY FOR CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) FIFTY U.S. DOLLARS (USD), IF YOU HAVE NOT PAID US.

Indemnity

To the extent permitted by law, you will defend and indemnify us against third-party claims arising from your content, your misuse of the Service, or your violation of these terms.

Governing law

These terms are governed by the laws of the State of Washington, USA, without regard to conflict-of-law principles. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the state or federal courts located in King County, Washington.

Electronic communications

You consent to receive operational emails and notices relating to billing, quotas, security, or legal updates electronically.

Changes

We may modify these terms. We will update the “Last updated” date. Continued use of the Service after changes become effective constitutes your acceptance of the new terms.

Contact

Questions about these terms: [email protected]