Scholar Within, Inc. (“Scholar Within,” “we,” “us,” or “our”) operates scholarwithin.com, fluentwithin.com, summerreading.net, and related applications, programs, courses, products, and services. Fluent Within is a reading-assessment service operated by Scholar Within, Inc. References to the “Services” include Scholar Within programs and Fluent Within reading-assessment services unless a provision expressly applies to only one Service.
By using or purchasing the Services, you agree to these Terms and the Scholar Within Privacy Policy at scholarwithin.com/privacy. Fluent Within users should also review the service-specific Privacy Policy at fluentwithin.com/privacy, Terms at fluentwithin.com/terms, and checkpoint notice at fluentwithin.com/sms-consent. A general acceptance of these Terms does not replace a separate parental, school, sharing, marketing, or SMS consent required by the Service or applicable law.
Changes to Terms and Conditions
We may update these Terms from time to time. We will post the revised Terms with a new effective date and provide any additional notice required by law. Material changes apply prospectively unless otherwise permitted by law. A change that materially expands the collection, use, or disclosure of children’s Personal Information does not replace any new direct notice or parental consent required by law.
Information About Us
Our Site is a website operated by Scholar Within, Inc. If you would like information on how to contact us, click Contact Us.
Accessing Our Site
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site or our entire Site. We have the right to terminate your access to the Site if we determine that you have failed to comply with any of the provisions of these Terms and Conditions. You are solely responsible for keeping confidential any password you may be granted to access our Site. We advise you not to share your password, payment methods or any other information associated with our Site or your account with anyone.
Accounts and Authentication
When you create an account on any of our Sites, you may have the option to use a single set of credentials across multiple Scholar Within, Inc. platforms (single sign-on). You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
An account used to purchase a product, manage a child profile, provide parental consent, or authorize disclosure of a child’s information must be controlled by an adult who is at least 18. A particular purchase or contract may be subject to additional legal-capacity or age requirements. Children under 13 may not create their own accounts or independently use Fluent Within’s reading-assessment services.
If you identify yourself as a parent or legal guardian, you represent that you are authorized to make decisions concerning the applicable child. A teacher, tutor, or educator may not make a parent-or-guardian attestation. Educators may administer assessments only through an authorized school or organization workflow and only when the institution has the required authority.
Use of Our Site
By accessing our Site you agree to use our Site, including all features and functionalities associated therewith and all content and software associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, the following restrictions apply to your use of our Site:
(a) You shall not upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Site;
(b) You shall not interfere with the servers or networks connected to any portions of our Site or violate any of the procedures, policies or regulations of networks connected to our Site;
(c) You shall not impersonate any other person while using our Site, conduct yourself in a vulgar or offensive manner while using our Site, or use our Site for any unlawful purpose;
(d) You shall not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer, or database connected to our Site;
(e) You shall not use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(f) You shall not use our Site to send, knowingly receive, upload, download, use or reuse any material which does not comply with all relevant provisions of these Terms and Conditions;
(g) You shall not use our Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
(h) You shall not use our Site to knowingly transmit any data; send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Site (via a denial-of-service attack or a distributed denial-of service attack); or otherwise adversely affect the operation of any computer software or hardware;
(i) You shall not attempt to reverse engineer, decompile, or otherwise derive the algorithms, scoring methods, or assessment methodologies used in any of our Products and Services, including but not limited to reading assessment tools;
(j) You shall not use automated scripts, bots, or other automated means to access or interact with our Site or Products and Services, including reading assessment features, without our prior written consent.
You may not copy or reproduce the videos, audios, and/or pdfs, nor may you decompile, reverse engineer, disassemble, modify or create derivative works of any of the videos, audios, or pdfs, or any portion thereof. Any unauthorized use of the videos, audios, and/or pdfs is strictly prohibited and the company reserves the right to not provide videos, audios, and/or pdfs (including updates) to you at any time and to discontinue the ability to access them at any time, without prior or any notice.
Notwithstanding the restrictions in this section, an account holder may use Fluent Within's built-in share feature to transmit an authorized assessment link, and a recipient may open a valid link as described below. No additional right to download, copy, reproduce, publish, or commercially use the shared content is granted.
Fluent Within AI Reading Coach
Fluent Within's AI Reading Coach (the "Reading Assessment Services") records a reader speaking designated passages and uses automated speech technology to produce educational measurements such as words read, words per minute, errors, accuracy, pronunciation, fluency, completeness, and prosody. Saved audio and results support playback and progress review.
Assessment results are automated estimates and may contain errors. They are educational tools, not medical, psychological, diagnostic, special-education-eligibility, or other professional evaluations, and should not be the sole basis for a significant decision concerning a child.
Audio, Results, and Retention
An adult must create or sign in to an account before entering a child's assessment information. You may record another person only when you have authority to do so. A child under 13 may use the Reading Assessment Services only through the parent or guardian process or an authorized school or organization workflow.
Reading audio is captured, transmitted to our systems, processed by speech-analysis providers acting for us, and saved to the applicable account by default. Results and historical performance metrics are stored separately from audio, so deleting audio does not delete the corresponding results. Account holders and schools may request deletion of audio, results, or both as described in the Privacy Policy.
Identifiable child data in an individual account is retained for 24 months by default, and the account holder may choose 24, 36, 48, or 60 months. The account period restarts after a new account-owned assessment or a qualifying Fluent Within or Scholar Within membership, program, or subscription activation or renewal. Saved recordings also age from their individual recording dates. Shortening a period may delete older recordings, while extending it cannot restore deleted data. School and organization retention is governed by the applicable agreement or DPA.
Parent Verification and Authorization
Before a parent-directed assessment enables the microphone, the signed-in adult must complete the adult birth-year gate, review the current AI Reading Coach Direct Notice, affirm that the adult is the parent or legal guardian, and complete an available verification method. Methods may include a free delayed email or text checkpoint, a real one-time $1 card verification, a qualifying paid plan or account checkout, or staffed phone or live-video verification. We keep records needed to document the authorization, but do not store the raw birth year or send it to Stripe.
A paid purchase qualifies only when it includes a configured qualifying product, presents or incorporates the current Direct Notice, requires acceptance of these Terms and the Privacy Policy, is linked to the adult's account, and results in a settled positive payment. Automatic or manually initiated renewals do not establish initial authorization. The one-time $1 charge pays only for immediate verification; it is not a subscription and does not add tests or upgrade a plan. Once an account has another current qualifying credential, no additional $1 verification is required for eligible assessments or share links.
For the free method, the checkpoint link or code is sent by email or text within 24-48 hours. The recipient reviews the notice and agrees on the Fluent Within website; we then send the required confirmation and revocation information, and a later follow-up does not delay access. During staffed phone or video verification, trained staff reasonably confirm adult identity and parent or guardian authority, present the notice, identify whether the authorization is for one student or the account, and record the decision without recording the call or video.
A student-scoped authorization covers only that student. An accepted account-level authorization covers current and future students for whom the account holder has parent or legal-guardian authority. Authorization is tied to the account and may be reused while current. The account holder may revoke it at any time; a material notice change or revocation requires a new authorization before affected collection resumes. Each share link still requires a separate content choice.
A full refund, chargeback, or other terminal reversal invalidates the authorization and reusable sharing credential derived from that payment. A separate current authorization may continue to support access. We retain transaction and authorization records as needed to document what occurred.
Optional AI Speech Coaching Blocks. AI Reading Coach is optional. An account holder may ask Scholar Within to block it account-wide without canceling the Scholar Within account or program, and authorized administrators may also block it for a selected student or organization. While an applicable block is active, Fluent Within does not record new reading audio or send it for AI speech analysis within that scope. A block is separate from revocation and deletion: placing or removing it does not change an authorization or delete previously collected information, and re-enabling use does not require new authorization while an existing authorization remains current. Contact hello@scholarwithin.com or use available account controls to request a block, revocation, or deletion.
Parent-Authorized Sharing
A parent may authorize an unlisted link to one selected child assessment. The parent separately chooses whether the link includes results, audio, or both. No recipient account or sign-in is required, so anyone who receives or is forwarded the link can access the selected content until the link expires 30 days after creation or reactivation or is revoked sooner in the parent account's Data area. Verification or payment alone never creates a share link.
Use of Data for Research and Improvement
When the applicable notice or agreement authorizes it, Scholar Within may keep exact assessment metrics in a restricted, pseudonymous internal research dataset. A random research identifier supports longitudinal and distinct-student analysis; the protected link to the student, account, and any governing organization is stored separately and is not available to researchers. Research rows exclude audio, transcripts, recognized text, names, contact information, direct child, account, household, school and source identifiers, device identifiers, IP addresses, exact timestamps, and passage text. An account holder or authorized administrator may opt out at any time without affecting the service. Opting out stops new inclusion and removes current pseudonymous rows through the protected link; re-enabling may include otherwise eligible assessments still retained by the service. We do not release row-level research data outside Fluent Within. External and public research releases are limited to reviewed, de-identified aggregate results; an account contribution cannot be identified or selectively removed from an aggregate that no longer contains a subject mapping.
Schools and Organizations
Schools, districts, tutoring organizations, and other institutions may use the Services as permitted by an institutional account or written agreement. The institution is responsible for authorized users and rosters and represents that it has provided required notices and obtained the authority needed for Scholar Within to process student information on its behalf. Educators must use the school-authorized workflow and may not claim to be a student's parent or legal guardian.
An applicable order form, institutional agreement, or DPA controls institutional pricing, authorized use, student-data processing, retention, deletion, security, research, and allocation of responsibilities, and controls over conflicting provisions in these general Terms.
When student information is an education record subject to FERPA, Scholar Within acts as a school official only when the governing agreement and the institution's practices establish the applicable requirements, including direct control and a legitimate educational interest. These general Terms alone do not designate Scholar Within as a school official or transfer the institution's responsibilities.
Accuracy and Limitations
The Reading Assessment Services are provided as educational tools and are not a substitute for professional educational evaluation, diagnosis, or instruction. Assessment results are generated through automated analysis and may not be fully accurate in all cases. Scholar Within, Inc. does not guarantee the accuracy, completeness, or reliability of any assessment results and disclaims all liability arising from reliance on such results.
User Created Content
We permit you to post or send to us comments, information, ideas, concepts, reviews, homework, or techniques and other material relating to Products and Services (each a “Response”).
Reviews, comments, or other Responses submitted with the intent that we publish them may appear publicly on the Site or in other Scholar Within materials. Do not include Personal Information that you do not want made public.
Restrictions on Response Content
You are not permitted to post Responses that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, other personal information; misleading information regarding the origin of the Response; or a discussion of the Company’s policies or services. We do not regularly review the Responses posted on our Site; however, we reserve the right to reject, remove or edit any such Responses at any time without notice to you. You understand and agree that we may, but are not obligated to, review Responses and may delete or remove them (without notice to you) in our sole and absolute discretion, for any reason or no reason.
Use of Responses: License Grant
The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each a “Response”), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site or the Products and Services. Furthermore, by posting any Response on our site, submitting a Response to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Response submitted in any media, software or technology of any kind now existing or developed in the future.
Notwithstanding the foregoing, audio recordings submitted through the Reading Assessment Services are not considered “Responses” for purposes of this license grant. Audio recordings are governed by the “Fluent Within Reading Assessment Services” section above and our Privacy Policy.
Privacy
Please review the Scholar Within Privacy Policy, which also governs your visit to and orders from the Site. Fluent Within users should also review the Fluent Within Privacy Policy.
Consent to Cross-border Transfers
You acknowledge that the data collected via our Site will be stored in servers located within the United States. Further, you acknowledge that your personal information may, at times, be accessible by individuals who may be located worldwide including in countries that may have not been determined to provide the same level of data protection as in your country. By providing us with your personal information, you agree and consent to our use of such data and/or personal information in accordance with our Site privacy policy, including, without limitation, the transfer of your personal information across international boundaries.
Audio recordings and assessment data collected through the Reading Assessment Services may be processed by third-party service providers located in various jurisdictions. By using the Reading Assessment Services, you consent to such processing in accordance with our Privacy Policy.
Linking to and Links from Our Site
Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have not reviewed the content of those websites and have no control over the content of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We are not responsible for and do not endorse or warrant any materials, information, goods or services available through any linked websites. These third party websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. By ordering any of our Products and Services, you also acknowledge you have read, accept and agree to be bound by the End User License Agreement.
Grant of Limited License to Use the Products and Services
Unless otherwise specified, the Products and Services, including any content viewed through our websites, are for your personal and non-commercial use only and we grant you a limited, non-exclusive, non-transferable, license for that purpose. Teachers, tutors, and educators may contact Scholar Within, Inc. regarding licensing use with their students; institutional licensing agreements may be available upon request. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, our Site, without our express written consent. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on our Products and Services. Any unauthorized use of the videos, audios, and pdfs or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.
Restrictions on Use
You agree to use scholarwithin.com, fluentwithin.com, summerreading.net, and all websites associated with the Scholar Within, Inc. domain (our “Site”), whether as a guest or as a registered user solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity. You may not use our Site or its content for any illegal purpose or in any manner inconsistent with these Terms and Conditions.
All websites associated with the Scholar Within, Inc. domain (including scholarwithin.com, fluentwithin.com, and summerreading.net) reserve the right to refuse or discontinue service to any user for noncompliance with these Terms and Conditions.
Ordering Products or Services
Restrictions on Purchases
You must be 18 years of age or older to place an order on our Site. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. Individuals under the age of 18 may only place an order on our Site with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.
Free and Paid Services
Certain Products and Services, including portions of the Reading Assessment Services, may be offered at no charge (“Free Services”). Free Services may be subject to usage limitations, feature restrictions, or other conditions as specified on the Site. Scholar Within, Inc. reserves the right to modify, suspend, or discontinue Free Services at any time without notice. Paid Products and Services may offer additional features, higher usage limits, or enhanced functionality as described on the Site.
Plans, Trials, Renewals, and Cancellation
Some Services are one-time purchases, while others are monthly, annual, or otherwise recurring memberships. The applicable price, billing interval, included features, usage limits, and trial period are displayed at checkout or in the product interface. Usage allowances are governed by the then-current plan description rather than by examples displayed elsewhere.
If checkout identifies a plan as automatically renewing, completing the purchase authorizes us and our payment processor to charge the payment method on file at the disclosed interval until cancellation. A free or discounted trial converts to the paid plan shown at enrollment unless canceled before the displayed trial expiration.
You may cancel a recurring membership through available account settings or by contacting hello@scholarwithin.com. To avoid the next recurring charge, cancellation must be completed before the renewal date. Unless a refund is issued or law requires otherwise, cancellation stops future renewal and access continues through the already-paid period. Refund eligibility is governed by scholarwithin.com/refund-policy and applicable law.
AI Coaching Minutes
For Fluent Within AI coaching plans, add-ons, and top-ups, billable usage is deducted in 30-second increments. Any billable session greater than 0 seconds may deduct a minimum of 30 seconds, and billable time is rounded up to the next 30-second increment. Attempts that we determine did not include meaningful audio, did not start speech processing, or otherwise qualify as no-charge attempts may be voided or not charged.
Product Orders for Shipment
When you place an order to purchase Service(s) or Product(s) from our Site, we will send you a confirmation email that will contain details of the Service(s) or Product(s) you have ordered along with any delivery charges. You must check that the details in the confirmation email are correct as soon as possible and should print out and keep a copy of it for your records.
Your order will represent an offer to us to purchase the relevant Service(s) or Product(s) which will be accepted by us when we dispatch the Service(s) or Product(s) ordered from our headquarters in California, USA, to you. We will confirm that the Service(s) or Product(s) have been dispatched to you by sending you an e-mail confirmation (a “Shipping Confirmation”). This Shipping Confirmation will be evidence that we dispatched the Service(s) or Product(s) to you, and that the contract between us (the “Contract”) has been formed. The Contract shall be deemed to include these Terms and Conditions.
Pricing
The price of any Service(s) or Product(s) will be as quoted on our Site from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders for which we have already sent you a Purchase Confirmation.
Our Site contains a large number of Products and Services and it is always possible that, despite our best efforts, some of the Products and Services listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch and distribution procedures so that, where a Product’s or Service’s correct price is less than our stated price, we will charge the lower amount when dispatching or distributing such Product or Service to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. In such circumstances, we are under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after we have sent you a Purchase Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as incorrect pricing.
Payment
Payments must be made through the methods displayed at checkout. Stripe processes card payments, including a one-time $1 parent verification when needed. A customer-initiated purchase may establish AI Reading Coach authorization only under the requirements in the Parent Verification and Authorization section above; a renewal alone does not establish initial authorization. An account with another current qualifying credential does not need a separate $1 verification for each assessment or share link. We do not receive or store a card's full account number.
Intellectual Property
Trademarks
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of Company, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Company or such third party that may own the displayed Trademarks.
Site Contents and Copyright
The text, Trademarks, logos, images, graphics, photos, video files, audio files, reading passages, assessment algorithms, application functionality, or any other digital media, the Products and Services available through our Site and their arrangement on this Site (“Company Intellectual Property”) are all subject to patent, copyright, trademark and other intellectual property protection. Company Intellectual Property may not be copied for commercial use or distribution, nor may Company Intellectual Property be modified, processed, or reposted to other websites for commercial purposes without our written permission. Teachers, tutors, and educators may contact Scholar Within, Inc. regarding licensing use with their students.
You may not separate illustrations, audio, video, graphics, or other media from the text, lesson, passage, product, or other content they accompany or use those elements independently without our written permission.
Access is granted to this Site solely for your use of Company services for personal entertainment, information, education and communication with Company. You may download, copy, or print the content of this Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. All such rights in Company Intellectual Property not expressly granted by the Company are reserved.
Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged. If you print off, copy, download or otherwise use any part of our Site or our Products or Services in breach of these terms of use, your right to use our Site and such Products and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Scholar Within, Inc. Products and Services are provided for your personal use only. You agree not to resell, copy, or redistribute Scholar Within, Inc. materials, nor may you use it for any commercial purpose.
Our Liability
Commentary, testimonials, reviews, and other materials posted on our Site along with the Products and Services themselves are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
Our liability for losses you suffer as a result of us breaching this agreement, including deliberate breaches, is strictly limited to the purchase price of the Service/Product you purchased.
Disclaimers of Warranties and Limitations on Liability
This site uses cookies and may also use the services of third-party providers that deploy cookies in connection with their services. By using the site, you consent to the placement of cookies on any device used to access our site(s). Except as otherwise provided on our site, products and services are provided “as is” and “as available” with all faults and without warranty of any kind. We and our licensors make no representations or warranties of any kind with respect to the streaming service, reading assessment services, our site, and all software associated therewith.
The company does not guarantee, represent, or warrant that your use of videos, audios, and pdfs will be uninterrupted or error-free. The company does not guarantee the accuracy or completeness of any reading assessment results, scores, or metrics generated through the Reading Assessment Services.
In no event shall our total liability to you for all damages for losses arising from the use or inability to use the products or services, our site, and all contents associated therewith exceed the purchase price of the relevant product or service. In the event that a claim relates to Free Services or does not relate to a specific paid product or service, our total liability to you for any related damages shall be limited to one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section or other sections of these terms of use, including any portion of the privacy policy, to be unenforceable, then those portions deemed unenforceable shall be severed and the terms of use shall be enforced absent those provisions and any liability to the company will be limited to the fullest possible extent permitted by applicable law.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, company’s, its affiliates’, agents’, licensors’ and suppliers’ damages in such jurisdictions shall be limited to the extent permitted by law.
Indemnity
You agree to defend, indemnify and hold harmless the Company, any parent corporation, its affiliates, and its and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim arising from audio recordings you submit through the Reading Assessment Services, including claims by individuals whose voices are recorded; or (v) any claim that any Response submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site.
Transfer of Rights and Obligations
These Terms and Conditions and any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, change, or otherwise dispose of these Terms and Conditions or a Contract, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms and Conditions or a Contract, or any of our rights or obligations arising under them, at any time.
Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Severability
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
Fluent Within Transactional Text Message Terms
Fluent Within offers an optional, non-marketing SMS program for the Parent/Teacher Checkpoint. Requested messages may include a secure checkpoint link or code, a consent receipt, and a later confirmation. SMS consent is not a condition of purchase or use, is separate from parental consent for child data, and may be avoided by using the email option. Entering a number or receiving a text does not itself provide parental consent.
You may enroll a mobile number only if you are its subscriber or customary user; teachers and educators must not enroll another person's number. Message frequency varies by request and message and data rates may apply. Reply STOP to end future program texts. Reply HELP, email hello@scholarwithin.com, or call 530-823-2085 for help.
Delivery is not guaranteed, and carriers are not liable for delayed or undelivered messages. See the Privacy Policy and SMS Consent and Program Details for mobile-number practices, the current workflow, opt-out and rejoining instructions, and representative messages.
Electronic Communications
We may send agreements, receipts, account notices, security alerts, consent notices, support responses, and other transactional communications reasonably necessary for a Service you request by email, text, or an account notification using the contact method provided for that purpose. Providing contact information, visiting a Site, creating an account, beginning checkout, purchasing a product, or accepting these Terms does not by itself authorize promotional email or text messages.
Marketing communications and the Fluent Within Parent/Teacher Checkpoint text program require the separate choice or other lawful basis described at their respective points of collection. Electronic agreements, notices, disclosures, and signatures may satisfy applicable writing and delivery requirements.
Law and Jurisdiction
Contracts for the purchase of Products and Services through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the state of California, without regard to conflict of the law’s provisions and shall be subject to the non-exclusive jurisdiction of the courts of California.
Entire Agreement
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
Contact Information
If you have questions about these Terms and Conditions, please contact us at:
Scholar Within, Inc.
238 Poet Smith Dr.
Auburn, CA 95603
Phone: 530-823-2085
Email: hello@scholarwithin.com
Effective: August 3, 2026
