Señor Wooly Terms and Conditions

1. About These Terms

These Terms and Conditions (“Terms”) govern access to and use of Señor Wooly websites, educational services, digital content, accounts, licenses, and products provided by Wooly Learning, Inc. (“Señor Wooly,” “Wooly Learning,” “we,” “us,” or “our”).

By purchasing a license, creating an account, or using Señor Wooly, you agree to these Terms.

If a school, district, or other organization has entered into a separate written agreement with Wooly Learning, Inc., that agreement will control to the extent it conflicts with these Terms.

“Student personal information” means personal information relating to an identifiable student that Wooly Learning, Inc. collects, receives, maintains, or processes in connection with the student’s use of Señor Wooly, including student account information, authentication information, and educational activity data such as progress, answers, results, and scores.

Wooly Learning, Inc. is located at:
Wooly Learning, Inc.
P.O. Box 903
Skokie, IL 60076

2. Teacher Licenses

Señor Wooly teacher licenses are licensed for use by one teacher.

A teacher may not share their teacher login or permit another teacher to regularly use their license. Each teacher who uses Señor Wooly must have an appropriate teacher license.

A teacher who personally purchases a Señor Wooly license retains that license if they change schools during the license term.

Temporary classroom use by a substitute teacher or student teacher acting on behalf of the licensed teacher is permitted, provided that such use is limited to serving the licensed teacher’s students and does not become a means of providing another teacher with an independent Señor Wooly license.

3. School and Organization Licenses

When a school, district, or other organization purchases teacher licenses, those license slots are controlled by the purchasing organization for the applicable license term.

The organization may assign licenses to teachers and reassign them when staffing changes occur. A teacher does not retain an organization-purchased license after being removed from that organization’s license.

Organizations may designate Organization Administrators (“Org Admins”) to manage their Señor Wooly organization.

Org Admins may, as permitted by the service, assign and remove teachers, reassign teacher licenses, manage student capacity, manage the organization’s license and plan, purchase upgrades or additional capacity, move all students associated with one teacher license slot to another teacher, delete all students associated with a teacher license slot, and delete the organization. An Org Admin may also remove a teacher from a license slot without deleting the students associated with that slot, allowing another teacher to be assigned to those students later.

Org Admins do not have access to teachers’ classroom or student educational data merely because they are Org Admins.

Certain administrative actions, including deleting all students associated with a teacher license slot or deleting an organization, may result in deletion of associated student information.

4. Student Accounts

Students do not independently purchase or own Señor Wooly licenses. Student access is provided through a licensed teacher.

A student account must be initiated through a teacher. The teacher provides a class join code, which the student uses to create or connect a student account under that teacher. Señor Wooly does not provide independent student accounts outside a teacher relationship.

Student accounts are intended for individual students and may not be shared among students.

Teachers may move students among their own classes. A student moving to another teacher may use a join code supplied by the new teacher to move the student’s existing account to the new teacher’s class, including when the new teacher is at another school.

If an organization removes a teacher from a license slot without immediately assigning a replacement, students associated with that slot may continue to access content and assignments previously made available to them. No new content will automatically become available and no new teacher management will occur until another teacher is assigned.

5. School and Teacher Responsibilities

Schools, districts, and educators are responsible for supervising their students’ use of Señor Wooly and ensuring that use complies with applicable school or district policies.

Schools and educators are responsible for the accuracy of student information they provide and for determining what student information they are authorized to provide to Señor Wooly.

By providing student information or directing students to use Señor Wooly, the school or educator represents that it has the authority necessary to do so and to provide any consent required for the educational use of Señor Wooly.

For students under 13, Señor Wooly may rely on schools to provide consent on behalf of parents where permitted under the Children’s Online Privacy Protection Act (“COPPA”) for school-authorized educational use. Wooly Learning, Inc. remains responsible for its own compliance with COPPA and does not use school authorization to permit unrelated commercial uses of children’s personal information.

Teachers may view student information and educational activity associated with students in their classes, including progress, answers, results, and scores.

Teachers and schools are responsible for determining whether their policies permit the use of students’ full last names. Señor Wooly’s student information practices are described more fully in our Privacy Policy.

6. School Control of Student Records

Where Señor Wooly receives or maintains student records on behalf of a school, district, or other local educational agency, those records remain the property of and under the control of the applicable school or local educational agency. Wooly Learning, Inc. does not acquire ownership of those records by providing the service.

Wooly Learning, Inc. will use identifiable student records only to provide, maintain, support, secure, or improve the educational service, as otherwise specifically authorized by the applicable school or local educational agency, or as permitted or required by applicable law.

Wooly Learning, Inc. does not sell student personal information, use student personal information for targeted advertising, or create commercial profiles of students unrelated to the educational purposes of Señor Wooly.

7. Pupil-Generated Content

Señor Wooly does not currently provide functionality intended for students to create and store independent pupil-generated works such as essays, research reports, portfolios, creative writing, music, photographs, or similar student-owned works.

Students may submit responses and answers as part of Señor Wooly instructional activities. Those educational activity records are handled as student records in accordance with these Terms and our Privacy Policy.

Because Señor Wooly does not currently provide storage for independent pupil-generated works, transfer of such content to a student’s personal account is not applicable to the current service.

8. Access, Review, Correction, and Export of Student Information

Parents, legal guardians, and eligible students seeking to review or correct personally identifiable student information should ordinarily submit their request through the applicable school or district.

Wooly Learning, Inc. will cooperate with schools and districts in responding to authorized requests to review or correct student information.

Where applicable law gives a parent, guardian, eligible student, or former student the right to submit a request directly to Wooly Learning, Inc., we will process that request in accordance with applicable law.

Teachers may access and download available student educational data using functionality provided by Señor Wooly. This functionality remains available through the teacher’s expired-account access after license expiration, subject to applicable retention and deletion requirements.

9. Student Removal, Archiving, and Deletion

Teachers may archive students when they wish to temporarily remove student access while retaining the student’s information for possible future restoration.

Archiving does not delete the student’s account or associated educational activity data.

Teachers may also permanently delete students. Permanent deletion removes the student’s account and associated personal information and educational activity data in accordance with our Privacy Policy.

Schools and districts may request deletion of student information under their control at any time. Wooly Learning, Inc. will process such requests in accordance with applicable law.

Where applicable law provides a parent, guardian, or eligible former student with a direct right to request deletion, Wooly Learning, Inc. will process a qualifying direct request in accordance with applicable law.

10. California School and District Data

For California local educational agencies, pupil records remain the property of and under the control of the local educational agency.

Upon completion of the contractual relationship with a California local educational agency, Wooly Learning, Inc. will ensure that pupil records associated with that agency are no longer retained or available to Wooly Learning, Inc., except where continued retention is permitted or required by applicable law.

Wooly Learning, Inc. enforces this requirement through an account-offboarding process that identifies affected organizations, confirms completion of the contractual relationship, initiates deletion of associated pupil records, and records completion of the deletion process.

A temporary lapse in license access while Wooly Learning, Inc. and the local educational agency are actively processing a renewal, purchase order, payment, or other administrative step necessary to continue the relationship will not by itself be treated as completion of the contractual relationship.

11. Security and Confidentiality of Student Records

Wooly Learning, Inc. maintains administrative, technical, physical, and organizational safeguards designed to protect student records against unauthorized access, destruction, use, modification, or disclosure.

Wooly Learning, Inc. designates personnel with responsibility for information security and privacy and provides appropriate training to personnel whose responsibilities involve protected student information.

Wooly Learning, Inc. maintains an incident-response process for investigating, containing, documenting, and responding to suspected unauthorized access to or disclosure of student information.

No method of electronic transmission or storage can be guaranteed to be completely secure, but Wooly Learning, Inc. maintains safeguards appropriate to the nature of the information it processes.

12. Unauthorized Disclosure and Legally Required Disclosure of Student Records

If Wooly Learning, Inc. becomes aware of an unauthorized disclosure of student records, we will promptly notify the affected school or local educational agency and provide information reasonably necessary for the school or agency to notify affected parents, legal guardians, or eligible students.

Wooly Learning, Inc. will cooperate with the school or agency in responding to the incident.

Wooly Learning, Inc. will provide direct notification to affected individuals where required by applicable law or a separate written agreement.

If Wooly Learning, Inc. is legally required to disclose student information in response to a subpoena, court order, governmental request, or other legal process, we will, to the extent legally permitted, notify the applicable school or district before making the disclosure and will disclose only the information legally required.

13. Service Providers and Subcontractors

Wooly Learning, Inc. uses third-party service providers and subcontractors to operate, secure, support, and provide Señor Wooly. These providers currently include:

• Infrastructure, hosting, and security: Google Cloud Platform, Cloudflare, and Amazon Web Services.
• Analytics and application monitoring: Google Analytics and Sentry.
• Payment and order processing: Stripe, FoxyCart, PayPal, and Order Desk.
• Communications: SendGrid.
• Authentication services: Google and ClassLink.

Not every service provider receives or processes student personal information. Where a service provider processes student personal information on behalf of Wooly Learning, Inc., we require that provider to protect the information and limit its use to providing services to Wooly Learning, Inc. or as otherwise permitted by applicable law.

Wooly Learning, Inc. remains responsible for its obligations concerning student information under these Terms and applicable law.

14. FERPA

Where applicable under the Family Educational Rights and Privacy Act (“FERPA”), Wooly Learning, Inc. receives and uses education records as a school official performing services for the school or district and remains under the school’s or district’s direct control with respect to the use and maintenance of those records.

Wooly Learning, Inc. will use education records only for the educational purposes for which access was provided and will not redisclose those records except as authorized by the school or district or permitted by applicable law.

Wooly Learning, Inc. and the applicable school or district will cooperate as reasonably necessary to fulfill their respective obligations under FERPA, including responding to authorized requests concerning student records.

15. Accessibility

Wooly Learning, Inc. is committed to improving the accessibility of Señor Wooly for students and educators with disabilities.

Information regarding the accessibility of the Señor Wooly platform, including our current Accessibility Conformance Report/VPAT, is available upon request.

16. License Terms

Señor Wooly licenses are sold in one-year increments.

Customers may purchase multiple years in advance. Each additional year extends the applicable license term by another one-year period.

Señor Wooly licenses are not subscriptions and do not automatically renew.

Wooly Learning, Inc. will not automatically charge a customer for another license term. Customers who wish to continue using Señor Wooly must manually purchase additional license time.

17. License Expiration

When a standalone teacher license expires, the teacher loses access to the active Señor Wooly educational service and students associated with that license lose access to their student accounts.

The teacher may continue to access portions of the expired-account experience necessary to renew or delete the account and to access and download available student educational data, subject to applicable retention and deletion requirements.

When an organization license expires, Org Admins, teachers, and students lose access to their active dashboards and educational accounts.

An expired organization may continue to access functionality necessary to purchase or renew a license or delete the organization account.

Except where a different deletion requirement applies, including the California requirements described above, expiration does not necessarily result in immediate deletion of account information. Student accounts and associated data remain subject to the 18-month inactivity deletion rule described in these Terms and our Privacy Policy. Teacher and other adult accounts are not automatically deleted under that 18-month rule.

18. Renewals and Reductions in License Capacity

Customers may manually renew or extend their licenses.

Organizations may choose to purchase fewer teacher slots or less additional student capacity for a future license term.

If an organization renews with fewer teacher slots than are currently assigned, access may be temporarily restricted until an Org Admin reduces the number of assigned teachers to the number of teacher slots purchased.

Wooly Learning, Inc. does not automatically decide which teachers should be removed. The organization is responsible for managing its teacher assignments.

19. Upgrades

Customers may upgrade an active license, including by upgrading to a higher Señor Wooly plan or purchasing additional teacher or student capacity where available.

Upgrades take effect immediately.

Upgrade pricing is prorated to the day based on the amount of time remaining in the current license term.

Upgrades and purchases of additional license capacity are nonrefundable.

20. Downgrades

Downgrades do not take effect during an already-paid license term.

Customers may plan a downgrade to take effect when their current license expires. This may include moving to a lower plan or reducing teacher or student capacity.

Customers may prepay for a future downgraded license. Doing so does not alter the features or capacity of the current active license.

No refund or credit is provided for a downgrade planned during an existing license term.

21. Refunds for Digital Licenses

A new digital license purchase may be canceled for a full refund within 14 days of purchase.

After 14 days, digital license purchases are nonrefundable.

Upgrades to an existing license, including plan upgrades and purchases of additional teacher or student capacity, are nonrefundable.

Temporary service interruptions do not entitle customers to refunds or credits.

22. Permitted Classroom and Educational Use

A valid teacher license permits the licensed teacher to use Señor Wooly content for educational purposes with their own students.

Permitted uses include displaying, projecting, streaming, or playing Señor Wooly content for the teacher’s students; using Señor Wooly content in school-sponsored activities such as Spanish clubs or school events; printing authorized downloadable materials for the teacher’s own students; saving authorized downloaded resources for the teacher’s own future classroom use; and continuing to use legitimately downloaded and printed resources after the teacher’s license expires.

Teachers may also upload authorized classroom materials to a closed learning-management system such as Google Classroom, Canvas, or Schoology when access is limited to the teacher’s own enrolled students.

Teachers may adapt authorized downloadable or editable resources for use with their own students.

Permission to use Señor Wooly content does not transfer ownership of that content or grant a general right to redistribute it.

23. Señor Wooly Intellectual Property

Unless otherwise stated, Señor Wooly stories, videos, music, lyrics, artwork, characters, illustrations, graphic novels, activities, lesson materials, worksheets, downloadable resources, website content, software, designs, trademarks, and other original materials are owned by or licensed to Wooly Learning, Inc. and are protected by applicable intellectual-property laws.

Except as expressly permitted by these Terms or by Wooly Learning, Inc., users may not reproduce, redistribute, publish, sell, sublicense, or otherwise exploit Señor Wooly content.

Users may not upload Señor Wooly videos, audio, books, illustrations, worksheets, or other protected materials to YouTube, public or shared drives, social-media groups, websites, repositories, or other services where they are made available beyond the user’s own students.

Users may not distribute Señor Wooly materials to other teachers, including teachers who separately hold Señor Wooly licenses, unless Wooly Learning, Inc. has expressly authorized such distribution.

24. Teacher-Created and Modified Materials

We encourage educators to create and share their own original activities, teaching ideas, commentary, and resources inspired by Señor Wooly.

Teachers may modify authorized Señor Wooly resources for use with their own students.

However, modifying a Señor Wooly resource does not create a right to redistribute that resource. A lightly edited, rearranged, translated, reformatted, or otherwise modified version of a Señor Wooly resource remains subject to the restrictions applicable to the original material.

Teachers may share genuinely original resources inspired by Señor Wooly, provided those resources do not reproduce or substantially incorporate protected Señor Wooly expression.

For example, teachers may create and share their own teaching strategies, commentary, activities, or unofficial guides. They may not reproduce or substantially incorporate Señor Wooly artwork, illustrations, story text, lyrics, screenshots, worksheets, downloadable resources, or other protected expression without permission.

25. Commercial Use

Señor Wooly content may not be incorporated into products or services offered for sale or other commercial purposes without prior written permission from Wooly Learning, Inc.

This includes products sold through Teachers Pay Teachers or similar marketplaces.

This restriction does not prohibit educators from creating genuinely original commentary, analysis, teaching guides, or activities concerning Señor Wooly that do not reproduce or substantially incorporate protected Señor Wooly content.

26. Classroom Recordings and Social Sharing

We welcome educators sharing their students’ enthusiasm for Señor Wooly.

Teachers may share classroom photos, videos, or recordings that incidentally include limited portions of Señor Wooly content, such as students participating in an activity, singing a song, or reacting to a Señor Wooly story.

Such sharing must not reproduce a complete Señor Wooly work or a substantial portion of a work in a manner that serves as a substitute for accessing the original through Señor Wooly.

Teachers remain responsible for obtaining any permissions required by their school, district, or applicable law before publicly sharing images or recordings of students.

27. Generative Artificial Intelligence

Users may not upload or provide Señor Wooly copyrighted materials to generative artificial intelligence systems for purposes including training models, reproducing Señor Wooly content, creating unauthorized derivative versions of Señor Wooly materials, or otherwise exploiting Señor Wooly’s intellectual property.

28. Prohibited Conduct

Users may not share accounts or credentials with unauthorized users; resell, sublicense, or improperly transfer access; circumvent access controls; attempt unauthorized access; use bots, scraping tools, or similar automated methods to extract Señor Wooly content or data without permission; improperly download, copy, capture, or redistribute Señor Wooly video or audio; publicly redistribute protected Señor Wooly materials; introduce malicious software; interfere with the operation or security of the service; or use Señor Wooly or its intellectual property unlawfully or in violation of these Terms.

29. Purchases, Payment, and Taxes

Credit-card purchases are due and payable at the time of purchase.

Purchase orders accepted by Wooly Learning, Inc. are payable within 60 days unless different payment terms have been agreed to in writing.

Wooly Learning, Inc. reserves the right to accept or reject a purchase order.

Customers are responsible for applicable sales, use, or similar taxes unless they provide documentation establishing a valid tax exemption.

30. Pricing and Errors

We attempt to provide accurate pricing and product information.

If a product, license, quote, website listing, or other communication contains a material pricing, typographical, or similar error, Wooly Learning, Inc. reserves the right to correct the error or cancel the affected order.

If we cancel an order because of such an error after payment has been collected, we will refund the amount paid for the canceled purchase.

31. Chargebacks and Payment Disputes

If a customer initiates a chargeback or otherwise reverses payment for a Señor Wooly purchase, Wooly Learning, Inc. may immediately suspend the licenses or services associated with that payment while the dispute is being resolved.

32. Physical Products and Returns

Physical products purchased through the Señor Wooly store may be returned by contacting Wooly Learning, Inc. within 7 days of receiving the item to request return authorization.

Returned products must be unused and returned in substantially the same condition in which they were received.

For defective products or products materially different from their description, Wooly Learning, Inc. will refund appropriate shipping charges in addition to the purchase price.

For returns based on customer preference rather than a defect or error, shipping charges are nonrefundable and the customer is responsible for return shipping.

Wooly Learning, Inc. may require reasonable proof of purchase and return authorization before issuing a refund.

33. Service Availability

We work to maintain reliable access to Señor Wooly but do not guarantee that the service will be uninterrupted, error-free, or available at all times.

Temporary outages, maintenance, Internet disruptions, or other interruptions do not automatically entitle customers to refunds or credits.

Wooly Learning, Inc. is not responsible for service failures caused by third-party systems or services outside our reasonable control, including Internet service providers, hosting infrastructure, authentication providers, or other third-party technology.

34. Changes to Señor Wooly

Señor Wooly is an evolving educational service.

We may add, modify, replace, or remove features, stories, videos, activities, resources, or other content at our discretion.

Purchase of a license does not guarantee that any particular individual item of content or feature will remain available for the entire license term.

35. Discontinuation of the Service

Wooly Learning, Inc. may discontinue Señor Wooly or a substantial portion of the service.

When reasonably possible, we will provide affected customers with reasonable advance notice.

36. Warranty Disclaimer

To the fullest extent permitted by law, Señor Wooly and its websites, services, content, and products are provided on an “as is” and “as available” basis.

Wooly Learning, Inc. disclaims warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement, to the extent permitted by applicable law.

Some jurisdictions do not permit certain warranty exclusions, so some of these limitations may not apply to you.

37. Limitation of Liability

To the fullest extent permitted by applicable law, Wooly Learning, Inc. will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities arising from or related to use of or inability to use Señor Wooly.

To the fullest extent permitted by law, Wooly Learning, Inc.’s aggregate liability arising out of or relating to Señor Wooly or these Terms will not exceed the amount paid to Wooly Learning, Inc. for the applicable service during the 12 months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

38. Suspension and Termination

Wooly Learning, Inc. may suspend or terminate access to Señor Wooly when we reasonably determine that a user has violated these Terms, infringed intellectual-property rights, shared accounts improperly, failed to make required payment, created a security risk, used the service unlawfully, or otherwise materially misused the service.

Depending on the circumstances, we may provide a warning or opportunity to correct a violation before suspension or termination. We are not required to provide advance notice where immediate action is reasonably necessary.

Termination of access does not eliminate payment obligations already incurred or provisions of these Terms that by their nature should survive termination.

39. Indemnification

To the extent permitted by applicable law, users agree to indemnify and hold harmless Wooly Learning, Inc. and its officers, directors, employees, and agents from third-party claims, damages, liabilities, and reasonable costs arising from the user’s material violation of these Terms, unlawful use of the service, or infringement of another party’s rights.

Where a school, district, or other public entity is prohibited by law from agreeing to an indemnification obligation, this section does not require that entity to assume an obligation prohibited by applicable law.

Wooly Learning, Inc. will defend and indemnify a customer against a third-party claim alleging that the Señor Wooly service or content provided by Wooly Learning, Inc. and used as permitted under these Terms infringes that third party’s intellectual-property rights.

This obligation does not apply to claims arising from unauthorized modification or use of Señor Wooly content, combination of Señor Wooly content with materials not provided or authorized by Wooly Learning, Inc. where the claim would not otherwise have arisen, or use of Señor Wooly in violation of these Terms.

If such an infringement claim occurs or is reasonably likely to occur, Wooly Learning, Inc. may, at its option, obtain the right for the customer to continue using the affected material, modify or replace the affected material, or discontinue the affected material or service.

40. Privacy

41. Separate School and District Agreements

Schools, districts, and other educational organizations may enter into separate agreements with Wooly Learning, Inc., including data privacy agreements, purchase agreements, or other written contracts.

If an authorized separate written agreement conflicts with these Terms, the separate agreement controls with respect to that customer and the subject matter of the conflict.

Nothing in an update to these Terms supersedes or modifies a separately executed agreement except as expressly permitted by that agreement.

42. Governing Law and Dispute Resolution

Except where prohibited by applicable law or superseded by a separate written agreement, these Terms and disputes arising from them are governed by the laws of the State of Illinois, without regard to conflict-of-law principles.

For customers not subject to a conflicting written school or district agreement, disputes arising from or relating to these Terms or Señor Wooly will be resolved through binding arbitration in Chicago, Illinois under the applicable rules of the American Arbitration Association, except where applicable law prohibits or renders such arbitration unenforceable.

If arbitration is unavailable or unenforceable, the parties agree to the jurisdiction of the state and federal courts located in Cook County, Illinois, except where applicable law requires otherwise.

43. Force Majeure

Wooly Learning, Inc. will not be responsible for delay, interruption, failure, or inability to perform caused by circumstances beyond our reasonable control, including natural disasters, severe weather, fire, war, terrorism, civil unrest, labor disputes, governmental actions, widespread Internet or telecommunications failures, cyberattacks, failures of critical third-party infrastructure, or other comparable events beyond our reasonable control.

44. Changes to These Terms

We may update these Terms from time to time.

Nonmaterial changes may be reflected by posting an updated version on our website.

When we make changes that we determine are material, we will provide reasonable notice through one or more appropriate methods, which may include email, an in-product notice, or a notice on our website.

For a school, district, or other educational organization with an active contractual relationship with Wooly Learning, Inc., an update to these Terms will not materially diminish the contractual protections applicable to that organization’s student data during its then-current contractual term.

A separately executed agreement between Wooly Learning, Inc. and a school, district, or other organization will continue to control to the extent it conflicts with these Terms and will not be superseded merely because these Terms are later updated.

The effective date and last-updated date at the top of these Terms identify the current version.

45. Assignment

Wooly Learning, Inc. may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or other business transaction.

Users may not transfer their rights under these Terms except as expressly permitted by Wooly Learning, Inc. or, for organization-purchased licenses, through the license-management functionality provided by Señor Wooly.

46. Severability and Waiver

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

A failure by Wooly Learning, Inc. to enforce any provision of these Terms does not waive our right to enforce that provision or any other provision later.

47. Entire Agreement

These Terms, together with the Privacy Policy, applicable order or purchase documentation, and any separate written agreement between Wooly Learning, Inc. and the customer, constitute the agreement governing the customer’s use of Señor Wooly.

If a separately executed written agreement conflicts with these Terms, the separately executed agreement controls to the extent of the conflict.