FlyingMindsLast updated: June 21, 2026
These Terms of Service ("Terms") are a legal agreement between you ("you," "your,"
or "Parent") and FlyingMinds LLC, an Illinois limited liability company
("FlyingMinds," "we," "us," or "our"), governing your access to and use of the
FlyingMinds website at flyingminds.org, our lessons, test-prep practice, guided
practice features (including "Fred"), progress tracking, and related services
(together, the "Service").
By creating an account, subscribing, or using the Service, you agree to these
Terms and to our Privacy Policy, which is incorporated by reference. If you do
not agree, do not use the Service.
1.1 You must be at least 18 and able to form a binding contract to create an
account, subscribe, or make any purchase. The Service is sold to and contracted
for by parents and legal guardians, not by children.
1.2 The Service is intended for use by children in grades K–10 under the
supervision and with the consent of a parent or legal guardian. If you register
a child or allow a child to use the Service, you represent that you are that
child's parent or legal guardian (or have obtained that person's consent) and
that you consent to your child's use of the Service and to our collection and use
of information as described in the Privacy Policy.
1.3 Children's privacy (COPPA). We do not knowingly allow children under 13 to
create accounts or to provide us personal information except through a consenting
parent or guardian. Information we collect in connection with a child's use is
handled as described in the Privacy Policy. A parent may review, request
deletion of, or refuse further collection of their child's information by
contacting us at support@flyingminds.org.
2.1 You agree to provide accurate, current, and complete information when you
register and to keep it up to date. We may suspend or terminate accounts with
information we believe to be false.
2.2 You are responsible for safeguarding your login credentials and for all
activity under your account. Notify us immediately at support@flyingminds.org of any
unauthorized use. We are not liable for losses arising from your failure to keep
your credentials secure.
3.1 Subject to these Terms, we grant you a limited, non-exclusive,
non-transferable, revocable license to access and use the Service for the
personal, non-commercial educational use of you and the child(ren) in your
household covered by your subscription.
3.2 The Service is provided for general educational and test-preparation purposes.
We may add, change, or remove features at any time.
3.3 Practice materials referencing third-party standardized tests (e.g., CogAT,
Iowa Assessments, iReady, SAT) are independently created study aids. We are not
affiliated with, endorsed by, or sponsored by any testing organization, and
test and trademark names are the property of their respective owners.
4.1 Subscription. Access to the Service requires a paid subscription, currently
$29 per month (or such price as we then display). Your subscription covers the
child(ren) in your household, up to 3 children per account.
4.2 Free trial. We do not currently offer a free trial — your subscription
begins, and your payment method is charged, when you subscribe. If we offer a
trial in the future, we will disclose its terms (length, and what happens when it
ends) before you start it, and your payment method will be charged when the trial
ends unless you cancel first.
4.3 Auto-renewal. Your subscription automatically renews at the end of each
billing period and your payment method is charged the then-current price until
you cancel. By subscribing, you authorize us and our payment processor to charge
your payment method on a recurring basis.
4.4 Payments. Payments are processed by Stripe; by subscribing you also
agree to Stripe's terms. You must keep a valid payment method on file. If a charge
fails, we may suspend access until payment is resolved.
4.5 Price changes. We may change prices. We will give you advance notice (and,
where required, obtain your consent) before a changed price applies to your
renewal. Continued use after a price change takes effect constitutes acceptance.
5.1 Cancellation. You may cancel at any time from your account settings or by
contacting support@flyingminds.org. Cancellation stops future renewals; you retain
access through the end of the current paid period.
5.2 Refunds (pro-rated). If you cancel during a paid period, we will refund the
unused portion of that period on a pro-rated basis — calculated from the date
we receive your cancellation through the end of the then-current billing period —
back to your original payment method. Free-trial periods are not refundable (no
charge is made during a trial). Pro-rated refunds are in addition to any
non-waivable refund or cancellation rights the law gives you.
6.1 We may offer a referral program under which existing members can invite others
using a personal referral link. Subject to program rules, when a referred person
becomes a paying subscriber, the referring member and/or the new member may
receive a reward (e.g., a discounted first month and/or a free month).
6.2 Rewards have no cash value, are non-transferable, and are issued only after the
referred subscription is paid for and not refunded or charged back. We may
modify, suspend, or end the program, and may withhold or revoke rewards we
reasonably believe were obtained through fraud, self-referral, or abuse.
7.1 You agree not to: (a) share your account credentials or allow use of the
Service outside your household; (b) resell, sublicense, or commercially exploit the
Service or its content; (c) copy, scrape, crawl, harvest, reverse-engineer, or
create derivative works from the Service or its content except as expressly
permitted; (d) circumvent access controls, usage limits, or security; (e) upload
unlawful, infringing, harassing, or harmful content; (f) interfere with or disrupt
the Service; or (g) use the Service to violate any law.
7.2 One household per subscription. A subscription is for a single household.
We may limit concurrent logins or sessions and may suspend accounts we reasonably
believe are being shared beyond a single household.
7.3 Conduct toward our team. Abusive or threatening behavior toward our staff
may result in suspension or termination. We may record customer-service
communications where permitted by law.
8.1 Ownership. The Service and all of its content — including lessons, reading
passages, practice questions, graphics, images, audio, video, text, software, the
"Fred" and other features, page designs, layout, "look and feel," logos, and
trademarks (collectively, the "Content") — are owned by FlyingMinds or its
licensors and are protected by United States and international copyright,
trademark, and other intellectual-property laws. We reserve all rights not
expressly granted to you in these Terms.
8.2 What you may not do. The license in Section 3 is for the personal,
non-commercial educational use of your household only. Except where the Service
expressly allows it, you may not — and may not permit anyone else to: (a) copy,
reproduce, photograph, screenshot, download, or store the Content; (b) modify,
adapt, translate, or build derivative works from the Content; (c) republish, post,
distribute, publicly display or perform, transmit, or otherwise share the Content
with anyone outside your household; (d) sell, rent, license, sublicense, or
otherwise commercially exploit the Content or the Service; (e) frame or mirror the
Service, or scrape, crawl, data-mine, harvest, or use bots or other automated
means to access or extract the Content; (f) remove, hide, or alter any copyright,
trademark, or other proprietary notice; or (g) reverse-engineer or attempt to
derive source code or underlying methods, except to the extent this restriction is
prohibited by applicable law.
8.3 Trademarks. "FlyingMinds," our logo, "Fred," and related names and marks
are trademarks of FlyingMinds. You may not use them without our prior written
permission.
8.4 Independently created; not endorsed by test makers. Our lessons and
practice materials are independently created by FlyingMinds from publicly
available information and our own original work. They are study aids only and are
not actual, official, or licensed test questions. FlyingMinds is not
affiliated with, and our products and services are not authorized, sponsored,
endorsed, reviewed, certified, or approved by, any testing or assessment
organization — including, without limitation, the owners of the CogAT®, the Iowa
Assessments™, i-Ready®, and the SAT®. All such test names and marks belong to
their respective owners.
9.1 You may submit information through the Service (for example, responses, text
entered into practice or guided-practice features, or messages). You retain
ownership of what you submit, and you grant us a worldwide, royalty-free license to
host, use, reproduce, and process it as needed to operate, secure, and improve the
Service, consistent with the Privacy Policy.
9.2 You represent that you have the rights to submit such content and that it does
not violate any law or third-party right.
9.3 If you send us feedback or suggestions, we may use them without obligation to
you.
The Service integrates or links to third-party services (for example, Stripe for
payments; messaging providers for email/SMS/WhatsApp notifications; and separate
offerings such as IvyOdds/CollegeOS and AstroThink). Your use of those services may
be governed by their own terms and privacy policies, and we are not responsible
for third-party services or content. Separately branded or separately priced
offerings are not included in the FlyingMinds subscription unless we say so.
10.1 Communications consent. By providing an email address or phone number, you
consent to receive Service-related communications. Where you opt in, you may also
receive reminders, progress updates, and similar messages by email, SMS, or
WhatsApp; message/data rates may apply and you may opt out as described in those
messages or the Privacy Policy.
11.1 Educational purposes only. The Service provides educational practice and
study materials for general educational purposes only. It is not professional,
psychological, medical, diagnostic, or admissions advice, and it is not a
substitute for instruction, tutoring, evaluation, or advice from a qualified
professional. You are responsible for deciding how the Service fits your child's
learning.
11.2 No guarantee of results. We do not guarantee any particular result,
including improved grades, test scores, gifted-program qualification or placement,
or school or college admission. Practice materials are independently created study
aids, not actual or official test questions (see Section 8.4). Outcomes depend on
many factors outside our control, including a student's effort, prior knowledge,
and the actual tests and decisions made by third parties.
11.3 No reliance. You agree not to rely on the Service as the sole basis for any
educational, testing, or admissions decision, and that any such decision is yours.
THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR
THAT CONTENT IS ACCURATE OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN
WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, FLYINGMINDS AND ITS OFFICERS, EMPLOYEES,
AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL,
ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE
GREATER OF (a) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING
RISE TO THE CLAIM, OR (b) US $100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN
LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Nothing in these Terms excludes or limits liability that cannot be excluded or
limited under applicable law, including liability for fraud or fraudulent
misrepresentation, gross negligence, willful or intentional misconduct, death or
personal injury caused by our negligence, or any non-waivable rights you have under
consumer-protection or children's-privacy laws. The disclaimers and limitations
in Sections 12 and 13 apply only to the fullest extent permitted by law.
You agree to indemnify and hold harmless FlyingMinds from claims, damages, losses,
and expenses (including reasonable attorneys' fees) arising from your use of the
Service, your content, or your breach of these Terms or violation of any law or
third-party right.
We may suspend or terminate your access at any time if you breach these Terms or to
protect the Service or other users. You may stop using the Service and cancel at
any time. Sections that by their nature should survive termination (including
Sections 8, 9, 11–14, 16, and 17) will survive.
We may update these Terms from time to time. If we make material changes, we will
provide reasonable notice (for example, by email or a notice on the Service). Your
continued use after changes take effect means you accept the updated Terms.
17.1 Governing law. These Terms are governed by the laws of the State of
Illinois, without regard to conflict-of-laws rules. The Federal Arbitration Act
governs the interpretation and enforcement of the arbitration provisions below.
17.2 Talk to us first. Before starting an arbitration or lawsuit, you agree to
email us at support@flyingminds.org a short written description of your dispute and how
to reach you, and to give us at least 30 days to try to resolve it. Most issues
can be settled this way.
17.3 Binding individual arbitration. If we cannot resolve a dispute informally,
you and FlyingMinds agree that any dispute, claim, or controversy arising out of or
relating to the Service or these Terms will be resolved by final and binding
arbitration administered by the American Arbitration Association (AAA) under its
Consumer Arbitration Rules, rather than in court — except as provided in Sections
17.5 and 17.6. The arbitration will take place in DuPage County, Illinois, or, at
your choice, by telephone, by video, or on written submissions. The arbitrator's
award may be entered as a judgment by any court with jurisdiction.
17.4 Class-action and jury-trial waiver. You and FlyingMinds agree that each
may bring claims against the other only in an individual capacity, and not as a
plaintiff or class member in any purported class, collective, consolidated, or
representative action. The arbitrator may not combine more than one person's
claims or preside over any class or representative proceeding. YOU AND FLYINGMINDS
WAIVE ANY RIGHT TO A JURY TRIAL. If this Section 17.4 is found unenforceable as to
a particular claim, only that claim will be severed and heard in court under
Section 17.7, and the rest of this Section 17 will remain in force.
17.5 Small-claims exception. Either party may instead bring an individual claim
in a small-claims court that has jurisdiction, if the claim qualifies.
17.6 30-day opt-out. You may opt out of the arbitration agreement in Sections
17.3–17.4 by emailing support@flyingminds.org within 30 days of first accepting
these Terms, stating your name and that you opt out of arbitration. Opting out does
not affect any other part of these Terms.
17.7 Court venue. For any dispute not subject to arbitration (including if you
opt out, for any claim severed under Section 17.4, or to enforce an arbitration
award), the state and federal courts located in DuPage County, Illinois will have
exclusive jurisdiction, and you consent to personal jurisdiction and venue there.
17.8 Time limit. To the extent permitted by law, any claim relating to the
Service must be brought within one year after it arises, or it is permanently
barred.
18.1 We respect intellectual-property rights and respond to clear notices of alleged
infringement. If you believe content on the Service infringes a copyright or other
intellectual-property right that you own or are authorized to enforce, please email
our Copyright Agent at support@flyingminds.org with a written statement that includes
all of the following:
(a) identification of the copyrighted work or other intellectual-property right you
claim has been infringed;
(b) identification of the material on the Service that you believe is infringing and
are asking us to remove, with enough detail (such as a URL or screenshot) for us to
locate it;
(c) your name, mailing address, and daytime telephone number, and an email address
if you have one;
(d) a statement that you have a good-faith belief that the disputed use is not
authorized by the rights owner, its agent, or the law;
(e) a statement that the information in your notice is accurate and, under penalty
of perjury, that you are the owner of the right that is allegedly infringed, or
are authorized to act on the owner's behalf; and
(f) your physical or electronic signature, or that of a person authorized to act on
the owner's behalf.
18.2 Upon receiving a complete notice, we may remove or disable access to material
we reasonably believe to be infringing, may forward your notice (including your
contact information) to the person who supplied the material, and will terminate
repeat infringers in appropriate circumstances. Knowingly submitting a materially
false notice may make you liable for damages under 17 U.S.C. § 512(f).
*(Note for FlyingMinds: to claim DMCA safe-harbor protection you must also register
a designated agent with the U.S. Copyright Office. That registration requires a
mailing address that becomes public in the Copyright Office directory — use a P.O.
box or a virtual business address there, not your home.)*
19.1 Entire agreement. These Terms and the Privacy Policy are the entire
agreement between you and us regarding the Service.
19.2 Severability. If any provision is unenforceable, the rest remain in effect.
19.3 No waiver. Our failure to enforce a provision is not a waiver.
19.4 Assignment. You may not assign these Terms; we may assign them in
connection with a merger, acquisition, or sale of assets.
19.5 No third-party beneficiaries.
FlyingMinds is operated by FlyingMinds LLC, a limited liability company
registered in the State of Illinois, USA. Questions about these Terms? Email us at
support@flyingminds.org.
*(No street address is published here by design. If you ever need to provide a
postal address for a specific legal purpose — e.g., a registered-agent change, a
DMCA filing, or the physical-address line required in marketing emails — use a P.O.
box or virtual business address rather than your home.)*