Terms of service

Last updated: August 8, 2026

Overview

Welcome to Learning-Focused. These Terms of Service ("Terms") govern your access to and use of:

• learningfocused.com, including the website and Shopify-hosted online store; and

• Spark, our Thinkific-hosted professional learning platform, including Spark courses, memberships, resources, and the Spark Apps, such as SparkLEQ, SparkWriting, SparkEngagement, and other Spark-branded applications

(collectively, the "Services").

"Learning-Focused," "we," "us," or "our" refers to Learning-Focused, located at 1070 Tunnel Road 10-292, Asheville, NC 28805.

These are the company-wide Terms published on learningfocused.com and referenced by the policies for Spark at spark.learningfocused.com.

The Services are designed primarily for individual adult educators, schools, districts, educational organizations, and customers purchasing Learning-Focused products or services. By accessing or using the Services, creating an account, placing an order, or accepting these Terms on behalf of an organization, you agree to these Terms and the policies and agreements incorporated by reference, including our Privacy Policy, applicable Membership Agreement, Acceptable Use & Code of Conduct, and Spark Apps End User License Agreement (EULA).

If you do not agree, do not access or use the Services.

1) Eligibility, Authority, and Accounts

You represent that you are at least the age of majority in your jurisdiction or are accessing the Services on behalf of a school, district, employer, or other organization with authority to do so.

If you use the Services or accept these Terms on behalf of an organization, you represent that you have authority to bind that organization. In that case, "you" includes both you and the organization.

To use certain features or place an order, you may be required to provide information such as your name, email address, organization, billing information, payment information, or shipping information. You represent that the information you provide is accurate, current, and complete and that you have the right to provide it.

You are responsible for maintaining the confidentiality of your account credentials and for activity under your account. Notify us promptly if you believe your account has been accessed without authorization. You may not sell, transfer, share, or sublicense your account except as expressly authorized by Learning-Focused or an applicable organizational agreement.

2) The Services

A. learningfocused.com and the Online Store

learningfocused.com provides information about Learning-Focused products and services and offers physical products, digital products, professional services, events, and other offerings through a Shopify-hosted online store.

B. Spark

Spark is Learning-Focused's Thinkific-hosted professional learning platform. Spark may include courses, memberships, subscriptions, downloads, professional learning resources, account and Workspace features, and access to Spark Apps.

C. Spark Apps

Spark Apps are applications within Spark that provide AI-assisted and other digital tools for professional learning and instructional planning. Access to particular Spark Apps may depend on a membership, subscription, purchase, organizational license, or other eligibility requirement.

We strive to describe the Services accurately, but descriptions, images, examples, availability, and other content may contain errors or change over time. We may add, modify, replace, limit, suspend, or discontinue a product, Service, feature, resource, or offering, subject to applicable law and any written agreement that expressly states otherwise.

3) Orders and Acceptance

When you place an order, you are offering to purchase the products or services identified in the order. We may accept, reject, limit, or cancel an order for reasons including errors, suspected fraud or misuse, product or service availability, payment issues, geographic restrictions, or an inability to fulfill the order.

An automated order acknowledgment does not necessarily constitute acceptance. An order is accepted when we confirm acceptance, process payment, ship a physical product, provide a digital product, activate access, or otherwise begin performance.

Purchases may be made by individuals or by schools, districts, businesses, or other organizations for authorized professional or institutional use.

4) Pricing, Taxes, Billing, and Payment

Prices, discounts, promotions, product availability, and included features are subject to change before an order is accepted. The price charged will be the price displayed or quoted when the order is submitted, subject to correction of errors.

Unless stated otherwise, prices do not include applicable taxes, shipping, handling, duties, or similar charges. You are responsible for charges identified at checkout or otherwise required by law. Tax-exempt purchasers are responsible for providing valid exemption documentation before or as otherwise required for the transaction.

You agree to provide accurate and current billing and payment information and authorize Learning-Focused and its payment processors, including Shopify, Thinkific, and their payment partners, to charge the applicable amount.

If payment is declined, reversed, disputed, or overdue, we may delay fulfillment, suspend access, cancel the transaction, or use lawful means to collect amounts owed.

5) Physical Products

A. Scope

This section applies to physical products sold through the Learning-Focused online store hosted by Shopify. Digital products, Spark memberships and subscriptions, courses, professional services, and Spark Apps are addressed elsewhere in these Terms and in applicable additional agreements.

B. Shipping and Delivery

Shipping and delivery dates are estimates only and are not guaranteed. Risk of loss and title pass to you when the product is delivered to the carrier. We are not responsible for delays caused by carriers, customs, inaccurate shipping information, severe weather, supply interruptions, or events beyond our reasonable control.

You are responsible for providing a complete and accurate shipping address and for reviewing shipping information before submitting an order. Additional charges resulting from an incorrect address, refused delivery, or redelivery may be your responsibility where permitted by law.

C. Returns, Exchanges, and Refunds

• Returns for refund are accepted within 30 days of receipt.

• Returns for exchange or store credit are accepted within 45 days of receipt.

• Products must be unused.

• Made-to-order products, including Coaches Binders, Monitoring Binders, and Redelivery Notes, are not eligible for return or exchange.

• Defective products will be exchanged for the same product only.

To initiate a return, contact customerservice@learningfocused.com or 866-95-LEARN. Return authorization, packaging, shipping, and other instructions provided by Learning-Focused must be followed. These terms do not limit rights that cannot be waived under applicable law.

6) Digital Products, Courses, and Professional Services

Digital products may be delivered through Shopify, Spark, email, download links, or another method identified at purchase. You are responsible for downloading or accessing digital products within any stated availability period and for maintaining compatible devices, software, and internet access.

Unless a different refund or cancellation policy is displayed at purchase, stated in an applicable agreement, or required by law, digital products, downloads, completed services, event registrations, and activated course access are nonrefundable after delivery or access has been provided.

Dates, presenters, formats, content, and availability for events or professional services may change. Any offering-specific cancellation or rescheduling terms presented at purchase or in a written proposal or agreement will apply to that offering.

7) Spark Memberships, Subscriptions, and Organizational Access

Spark membership and subscription benefits, term, renewal, cancellation, fees, and access conditions are governed by the applicable Spark Membership Agreement, purchase terms, order form, or organizational agreement.

Access is limited to the users, membership level, subscription, organization, and term authorized by the applicable purchase or agreement. Unless expressly permitted, accounts and access credentials may not be shared or reassigned.

When an organization provides or manages access, the organization may determine user eligibility, assign or remove access, manage organization-controlled features, and receive administrative information necessary to manage its account.

8) Intellectual Property and Permitted Use

The Services and their content, software, designs, text, graphics, logos, videos, audio, courses, frameworks, tools, prompts, templates, and materials are owned by Learning-Focused or its licensors and are protected by intellectual-property and other laws.

Subject to these Terms and any applicable additional agreement, Learning-Focused grants you a limited, nonexclusive, nontransferable, nonsublicensable, revocable right to access and use the Services and purchased or licensed materials for your authorized personal, educational, professional, or institutional purposes during the applicable access term.

No ownership rights are transferred. Unless expressly authorized, you may not reproduce, publish, distribute, sell, sublicense, publicly display, create derivative commercial products from, remove ownership notices from, or make Learning-Focused materials available outside the authorized users or organization.

You retain ownership of original content you submit. Rights needed to process content through Spark Apps are governed by the Spark Apps EULA and Privacy Policy.

9) Spark Apps and AI-Assisted Features

Spark Apps provide AI-assisted tools intended to support professional learning and instructional planning. AI-generated outputs may be inaccurate, incomplete, biased, or unsuitable for a particular context and must be reviewed and validated by a qualified user.

Spark Apps do not replace professional judgment and must not be used as the sole basis for decisions concerning student grades, discipline, eligibility, placement, special education, employment, teacher evaluation, or other decisions that could materially affect a person's rights, opportunities, or access to services.

Users must not submit student names, student identifiers, education records, or other student personal information into Spark Apps. Users must also not submit passwords, payment-card information, Social Security numbers, medical information, confidential information they are not authorized to disclose, or content they do not have the right to use.

Learning-Focused does not sell Spark App inputs or outputs, use them for targeted advertising, or use them to train a generalized artificial intelligence model. Additional terms governing Spark Apps, user content, data processing, acceptable use, and AI output are contained in the Spark Apps EULA, Acceptable Use & Code of Conduct, and Privacy Policy.

10) Acceptable Use and Prohibited Conduct

You must comply with our Acceptable Use & Code of Conduct. You may not use the Services to:

• violate a law, regulation, contract, intellectual-property right, privacy right, professional obligation, or organizational policy;

• submit content you do not own or have authority to use;

• submit prohibited student or sensitive personal information;

• harass, threaten, defame, exploit, discriminate against, deceive, or harm another person;

• transmit malware or interfere with the availability, integrity, or security of the Services;

• probe, bypass, disable, or evade security features, access controls, or usage limits;

• gain unauthorized access to accounts, systems, content, or data;

• scrape, reverse engineer, decompile, extract source code or proprietary prompts, or use the Services to build or train a competing artificial-intelligence product; or

• misrepresent AI-generated output as verified fact, official Learning-Focused guidance, or a substitute for required professional review.

We may investigate suspected violations and may remove content, limit functionality, suspend or terminate access, preserve information where legally required, or take other reasonable protective action.

11) Optional Tools, Integrations, and Third-Party Services

The Services may provide access to or interoperate with tools, platforms, integrations, or services provided by third parties. Third-party services are governed by their own terms and privacy practices. Learning-Focused does not control and is not responsible for third-party services except to the extent required by law or expressly stated in a written agreement.

Your use of an optional third-party service is at your discretion and may require a separate account, authorization, or agreement with that provider.

12) Third-Party Links

The Services may contain links to third-party websites, content, or resources. A link does not imply endorsement. We are not responsible for third-party availability, content, accuracy, security, or practices, and you access third-party resources at your own risk.

13) Relationship with Shopify and Thinkific

Shopify hosts learningfocused.com and the online store. Thinkific hosts Spark. Purchases of Learning-Focused products and services are transactions with Learning-Focused, even when Shopify, Thinkific, or their payment partners provide hosting or payment processing.

Shopify and Thinkific are not responsible for Learning-Focused products, services, content, representations, customer support, or obligations, except for responsibilities they separately owe under their own terms or applicable law.

14) Privacy

Our collection, use, retention, and disclosure of personal information is governed by our company-wide Privacy Policy:
https://learningfocused.com/policies/privacy-policy

The Privacy Policy is hosted on learningfocused.com and is also the Privacy Policy referenced by Spark policies at spark.learningfocused.com.

15) Feedback

If you voluntarily submit feedback, suggestions, or ideas about the Services, you grant Learning-Focused a perpetual, worldwide, irrevocable, royalty-free license to use and incorporate that feedback without restriction or compensation. This provision does not transfer ownership of your private Spark App inputs or other user content merely because you use the Services.

16) Suspension and Termination

We may suspend, restrict, or terminate access if you violate these Terms or an incorporated policy, fail to pay amounts owed, create legal, security, operational, or reputational risk, misuse the Services, or if suspension or termination is required by law or a service provider.

You may stop using the Services at any time. Stopping use does not cancel an order, eliminate an amount owed, or create a refund right. Membership and subscription cancellation is governed by the applicable Membership Agreement or purchase terms.

Upon termination, your right to access the affected Services ends. Provisions that by their nature should survive termination will continue, including provisions concerning payment obligations, intellectual property, feedback, disclaimers, liability, indemnification, dispute terms, and other accrued rights.

17) Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, PRODUCTS, CONTENT, AND AI-GENERATED OUTPUTS 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, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR COMPATIBLE WITH EVERY DEVICE OR SYSTEM; THAT DEFECTS WILL BE CORRECTED; OR THAT CONTENT OR AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, OR APPROPRIATE FOR A PARTICULAR PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

18) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEARNING-FOCUSED AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEARNING-FOCUSED'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO LEARNING-FOCUSED FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

19) Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Learning-Focused and its officers, employees, contractors, and agents from claims, liabilities, damages, losses, and reasonable costs arising from your unlawful misuse of the Services, content you submit, infringement of another person's rights, or material violation of these Terms.

This section does not require a public school, district, or other governmental entity to provide indemnification where prohibited by applicable law or an enforceable written organizational agreement.

20) Errors, Inaccuracies, and Omissions

We may correct errors, inaccuracies, or omissions concerning products, services, descriptions, pricing, promotions, availability, shipping, or transactions. We may update information or cancel or adjust an affected order, subject to applicable law. If we cancel an accepted paid order before providing the applicable product or service, we will refund the amount paid for the cancelled portion.

21) School, District, and Organizational Agreements

Schools, districts, employers, and other organizations may purchase or provide access under an order form, proposal, data privacy addendum, license agreement, or other written organizational agreement.

If a written organizational agreement signed by an authorized Learning-Focused representative conflicts with these Terms, the organizational agreement controls for the organization, users, products, services, and data within its stated scope. Click-through or individual-user acceptance does not amend a signed organizational agreement.

Organizations are responsible for authorizing their users and for using the Services consistently with applicable law and organizational policy.

22) Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law principles, except where applicable law requires otherwise.

23) Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

24) Waiver and Entire Agreement

Failure to enforce a provision is not a waiver of the right to enforce it later. These Terms and the policies and agreements incorporated by reference constitute the agreement concerning the Services within their scope and supersede prior or contemporaneous understandings concerning that subject, except for an applicable written organizational agreement as described above.

25) Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law, or otherwise where permitted by law, provided that the assignee assumes the applicable obligations.

26) Changes to These Terms

We may update these Terms as the Services, products, providers, or legal obligations change. We will post the updated Terms and revise the "Last updated" date. Where required by law or an applicable organizational agreement, we will provide additional notice of material changes.

Changes apply prospectively from their effective date. Continued use after the effective date constitutes acceptance where permitted by law. Changes do not retroactively alter an already accepted order or signed organizational agreement unless that order or agreement permits the change.

27) Contact Information

Questions about these Terms may be directed to:

Learning-Focused
1070 Tunnel Road 10-292
Asheville, NC 28805, USA
Email: customerservice@learningfocused.com
Telephone: 866-95-LEARN