Terms & Conditions

These Terms & Conditions (“Terms”) are a legal agreement between you and Claw Works LLC (“Claw Works”, “we”, “us”), the developer and publisher of the Word Assessor application (“the App”). They include the end user licence agreement (“EULA”) for the App.

By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App and delete it from your device.

This agreement is between you and Claw Works only. It is not an agreement with Apple Inc. or with Google LLC. Claw Works, not Apple and not Google, is solely responsible for the App and its content.

1. Who may use the App

You must be 18 or older and using the App in your capacity as a teacher, tutor, or educator. The App is a professional tool for educators. It is not directed to children, and children may not create accounts.

2. Licence

Subject to these Terms, Claw Works grants you a limited, non-exclusive, non-transferable, revocable licence to use the App:

• on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing; and
• on any Android device that you own or control, as permitted by the Google Play Terms of Service.

This is a licence, not a sale. Claw Works retains all rights in the App that are not expressly granted to you.

You may not: reverse-engineer, decompile, or disassemble the App except where that restriction is prohibited by law; rent, lease, sell, sublicense, or redistribute the App; remove or obscure any proprietary notice; or use the App to build a competing product.

3. Accounts

You are responsible for keeping your account credentials confidential and for all activity under your account. Tell us promptly at the contact address below if you believe your account has been accessed without your permission.

You may use the App as a guest without an account. Guest sessions are temporary: signing out of a guest session permanently deletes the guest account and everything in it.

You may delete your account at any time from Settings → About → Delete Account inside the App, or by request at https://wordassessor.clawworks.com/delete-account.

4. Your content, and your responsibility for student data

You decide what to type into the App. Group names, student names, word lists, and assessment results are your content. You retain ownership of it. We claim no rights in it beyond what is needed to store it and show it back to you, and we do not use it to train machine-learning models.

Because the App is used in classrooms, the following is important and is your responsibility, not ours:

• You are responsible for having the authority to enter the student information you enter. If your school, district, or employer has a policy governing student data, student privacy, or the software you may use with student records, you must comply with it and obtain any approval it requires before using the App with real student information.
• You control how identifiable that information is. The App does not require full names. You may use first names, initials, or any label you choose, and we encourage you to enter the minimum that lets you do your job.
• In United States schools, student records may be subject to FERPA, and information about children under 13 may be subject to COPPA. In Canada and Australia, student records are governed by provincial, territorial, or state legislation, and many authorities require an approved agreement — or in-country data storage — before staff may use a tool at all. Your data is stored in the United States (see the Privacy Policy), so check your authority’s rules before entering student information. Where the App processes student information, Claw Works acts under your direction and the direction of your school. If your school or district requires a written data-processing or school-official agreement before you may use the App, contact us at the address below and we will provide one.

You must not use the App to store special-category or sensitive records beyond what a vocabulary assessment requires — no health, disciplinary, immigration, financial, or government-identifier data about any student.

5. Acceptable use

You agree not to:

• use the App for any unlawful purpose, or in violation of any school, district, state, or federal rule that applies to you;
• upload or enter content that is unlawful, infringing, harassing, or abusive;
• attempt to access another account’s data, probe or breach the App’s security, or interfere with its operation;
• use automated means to scrape, overload, or disrupt the service.

The App is single-tenant by design: no user can see another user’s content. There is no public, shared, or social surface in the App.

6. Price and payments

The App is currently free. It contains no advertising, no in-app purchases, and no subscriptions. If we introduce paid features in the future, we will present the price and terms before you buy anything, and any purchase will be processed by Apple or Google under their terms — including their refund policies, which govern refunds for anything bought through their stores. We do not process payments ourselves.

7. Availability, maintenance, and support

Claw Works is solely responsible for providing any maintenance and support for the App. Apple has no obligation whatsoever to furnish any maintenance or support services for the App, and neither does Google.

For support, email wordassessor@clawworks.com. We aim to reply within two business days. We may change, suspend, or discontinue any part of the App, and we will give reasonable notice of a discontinuation where we can.

8. Back up your data

The App stores your data on our servers, but it is not a backup service and we do not guarantee that data will never be lost. Export the reports you need to keep. Deleting your account erases your data immediately and permanently, with no undo and no recovery period.

9. Warranty

Consumer rights that cannot be excluded. Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, right, or remedy you have under law that cannot lawfully be excluded or limited — including the consumer guarantees under the Australian Consumer Law, and non-excludable rights under Canadian provincial consumer protection legislation and Quebec’s Civil Code. In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Everything below applies only to the extent the law allows.

Subject to that, the App is provided “as is” and “as available”, without warranty of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

Word Assessor is a record-keeping and assessment aid. It is not a diagnostic instrument. It does not diagnose dyslexia, a reading disability, or any other condition, and its output must not be used as the sole basis for a placement, intervention, retention, or special-education decision. Professional judgement remains yours.

Claw Works is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed above. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Claw Works’ sole responsibility.

10. Limitation of liability

To the fullest extent permitted by law, Claw Works will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of the App.

Our total liability for all claims relating to the App will not exceed the greater of the amount you paid us for the App in the twelve months before the claim, or fifty US dollars (US$50).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you. Nothing in this section limits the non-excludable consumer rights described in section 9.

11. Product claims

Claw Works, not Apple and not Google, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of any framework.

12. Intellectual property

The App, its design, and its content are owned by Claw Works and protected by intellectual property law. In the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, Claw Works — not Apple and not Google — will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.

If you believe content in the App infringes your copyright, email wordassessor@clawworks.com with a description of the work, where it appears, and your contact details.

13. Legal compliance

You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Third-party terms

You must comply with any applicable third-party terms of agreement when using the App — including, as applicable, the Apple Media Services Terms and Conditions, the Google Play Terms of Service, and your wireless data carrier’s terms.

15. Third-party beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them. Google and its affiliates have the same right with respect to copies of the App obtained through Google Play.

16. Privacy

Our handling of personal information is described in the Privacy Policy at https://wordassessor.clawworks.com/privacy, which forms part of these Terms.

17. Termination

You may end this agreement at any time by deleting your account and removing the App from your devices. We may suspend or terminate your access if you materially breach these Terms, and we will tell you why where we lawfully can. Sections 4, 9, 10, 11, 12, and 18 survive termination.

18. Governing law

These Terms are governed by the laws of the State of Utah, United States, without regard to its conflict-of-laws rules, and you and Claw Works agree to the exclusive jurisdiction of the state and federal courts located in Washington County, Utah for any dispute. This does not deprive you of the protection of any mandatory consumer-protection law of the country, state, or province where you live, or of your right to bring proceedings in your local courts where that right cannot lawfully be excluded.

Nothing in this section limits Apple’s rights under section 15.

19. Changes to these Terms

We may update these Terms. If a change is material, we will update the date at the top and note it in the App’s release notes. Continuing to use the App after a change takes effect means you accept the updated Terms.

20. Contact

Questions, complaints, or claims about the App should be sent to:

Claw Works LLC
3275 S. Jordan Ln
Washington, UT 84780
wordassessor@clawworks.com

If you are an App Store customer with a complaint you would like to raise with Apple, you may also contact Apple Support.