Terms of Use

  1. Our Service
    1. BlendingMagic.com is a Software as a Service (“SaaS”) website platform that provides teachers with instructional resources designed to support students in practicing blending (reading) and encoding (writing) skills. The tools include interactive lesson slideshows for teaching particular syllable patterns, printable student one-pagers with word lists and decodable sentences, student practice books for independent mastery, and game cards for skill reinforcement. These resources are intended for educational use to supplement support phonics instruction through engaging and interactive activities that bring vocabulary and other language comprehension work into foundational skills practice. Blending Magic focuses exclusively on practice and skill development and does not include assessment components.
    2. The software, content, Services, and products available in, or through our Website are for your personal use only. You may not sell or resell any of the content, Services, software, or products we provide to you or which you otherwise receive from us.
    3. Any modifications and new features added to the Service are also subject to this Agreement.
    4. The Company reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title, and interest in and to the Service and its components (including all intellectual property rights) will remain with, and belong exclusively to, the Company.
  2. Eligibility for Our Service
    1. By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts, including this Agreement. If you do not meet this qualification, you may not use the Services.
    2. If you are using our Services on behalf of a third party, you represent and warrant that you have authority to act on behalf of that third party and to bind that party to this Agreement.
    3. The Company reserves the right to request documented proof of your compliance with these terms of eligibility.
  3. Subscription Plan and Terms

    The Company offers a yearly (12-month) automatically renewable paid Subscription Plan for our Teachers. The features, subscriber rights, terms, and price of this Subscription Plan may change from time to time and the most current description and price may be found on our Subscription Plan pricing page: https://blendingmagic.com/register/full-access/.

    1. By completing your registration for a Subscription Plan, you authorize Company or its third-party secure payment processor to charge your payment method on a recurring basis (i.e., at the expiration of a 12-month subscription) for: (i) the applicable Subscription Plan charges; (ii) any and all applicable taxes; and (iii) any other charges in connection with your use of the Company Services. The authorization continues through the subscription term and any renewal term until the subscriber cancels the Subscription Plan.
    2. By purchasing a Subscription Plan, you expressly acknowledge and agree that (i) your subscription has an initial and recurring payment feature, and the Company or our third-party secure payment processor is authorized to automatically charge your payment method at the then-current Subscription Plan rate for your subscription period as long as your subscription continues, and (ii) your Subscription Plan is continuous and will be automatically extended for successive subscription periods until you actively cancel it.
    3. You may cancel your Subscription Plan at any time by logging into your account and following the instructions we provide in response to your cancellation request. If you cancel, you will not be entitled to a refund for your last payment; however, you may use your Subscription Plan until the end of your then-current paid-up subscription term.
    4. You agree that the Company may submit periodic charges without further authorization from you until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Company reasonably could act.
    5. In the event you cancel your Subscription Plan, please note that we may still send you promotional communications about Company unless you opt-out of receiving those communications by following the unsubscribe instructions provided therein.
    6. Subscription Plans are non-refundable.

    WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME AS A RESULT OF A VIOLATION OF THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY. SUBSCRIPTION MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.

  1. Subscription Orders

    Your subscription order constitutes an offer to purchase a Subscription Plan and the Services available on our platform. We reserve the right at any time to accept or decline any Subscription Plan order. We reserve the right to cancel your order at any time before it has been accepted, and we may rescind the acceptance and cancel your order where there has been an obvious error in price or where the Subscription Plan or Services is no longer available.

  2. Subscription Fees
    1. All Subscription Plan fees are in U.S. dollars unless otherwise indicated.
    2. All applicable taxes and other charges are additional and your responsibility.
    3. We reserve the right in our sole discretion to change the subscription fee at any time and without notice.
  3. Payment
    1. By providing the Company or our third-party payment processor with your method of payment information, you authorize us to charge you for Subscription Plan purchases using the secure third-party payment processor we make available to you. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of your method of payment information. Additionally, we have security measures in place to protect our customer database, and access to this database is restricted internally.
    2. You must keep all information about your payment method current. If you tell us to stop using your payment method and we no longer receive payment from you, we may cancel your account and subscription. Your notice to us will not affect charges to your account before we reasonably could act on your request.
    3. You agree that we may charge you, and you will pay to Company, any fee or penalty that is assessed or charged to us for a “Chargeback” resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.
  4. Accounts and Registration
    1. To access some features of the Service, users will be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, including, but not limited to, your name, e-mail address, and physical address. Some of this information may be of a confidential nature and may include your personally identifiable information or “PII” (all “Personal Information” or “Your Information”).
    2. If you provide Your Information to us, then you agree to provide true, current, complete, and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
    3. Our collection, use, and disclosure of Your Information is governed by this Agreement and our Privacy Policy, which you may access here: https://blendingmagic.com/privacy-policy/.
  5. Account Management
    1. If you have been issued an account by the Company in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties to access your account. You, and not the Company, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify the Company immediately.
    2. As a function of providing our Services, the Company may send text messages to your mobile phone or notices to the email address registered with your account. You must keep your email address, mobile phone number, and, where applicable, your contact details associated with your account current and accurate. Text message fees may apply and are the user’s responsibility, not that of the Company.
    3. We reserve the right to modify, suspend, or terminate the Service, any user account, or your access to the Service for any reason, without notice, at any time, and without liability to you.
    4. You can cancel your account at any time. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
    5. We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason and at any time.
  6. Your License, Access, and Use of Our Services
    1. Subject to your continued compliance with this Agreement, the Company grants you a limited, non-exclusive, revocable, non-sub-licensable, worldwide license to access and use the Company Website, App, and Services solely for your personal professional use. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause.
    2. Your right to access and use our Services is personal to you in your professional capacity and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits, or prevents any access, use, or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends, or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.
    3. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
    4. Furthermore, you agree that you will not use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services; or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature.
    5. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
    6. Our Services may now, or in the future, have “publicly accessible areas” that allow users to post their own User Content that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, and that Company shall not, under any circumstances, be liable in any way for any User Content.
    7. You understand and agree that you are solely responsible for compliance with all laws, rules, regulations, and Tax obligations that may apply to your purchases or use of the Services.
  1. Suspension and Termination of Services

    1. Company may limit, suspend or terminate the Services to you if you fail to comply with these Terms, the Privacy Policy, or if you use the Services in a way that causes legal liability to us or disrupts use of the Service by other users.
    2. Company may also suspend the Services to you if we are investigating suspected misconduct by you. Company will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
  2. Information Accuracy
    1. We attempt to ensure that information on our Website, in our App and in our Service is complete, accurate and current. Despite our best efforts, this information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information on our Website, in our App and in our Service.
    2. Furthermore, information on our Website, in our App and in our Service may contain typographical errors or omissions. We reserve the right to correct or make changes in such information without notice to you.
  3. Proprietary Rights

    As between the Company and you, the Company, or its licensors, own and reserve all right, title, and interest in, and to, the Service and all software, hardware, and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to, or ownership of, any proprietary rights related to the Service or software is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Company.

  4. Intellectual Property Rights

    1. Our names, graphics, avatars, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the “Proprietary Marks”), and are owned by Company or licensed to us. You may not use the Proprietary Marks without our prior written permission.
    2. We make no proprietary claim to any third-party names, trademarks, or service marks appearing on our Services including, without limitation, those owned by any participating merchants accessible via our Website. Any third-party names, copyrights, trademarks, and service marks are property of their respective owners and users may not use them without independently obtaining a right to do so from the owner.
    3. The information, reports, content, documentation, guides, descriptions, advice, data, software, and any other content viewable on, contained in, or downloadable from our Services (collectively, “Our Content”), including, without limitation, all text, graphics, charts, tables, pictures, photographs, images, videos, audio files, line art, icons, and renditions, are copyrighted by Company, or otherwise licensed to us by Our Content suppliers.
    4. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display, and enhancement of Our Content (the “Collective Work”).
    5. All software used on, or within our Website, App, or Services is our property, or the property of our software vendors, and is protected by United States and international copyright laws.
    6. You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of this Agreement.
  5. Use of Our Content

    1. We grant you a limited, revocable, non-sublicensable, non-exclusive license to access, print, download, or otherwise make use of the Blending Magic content components in PDF and electronic form. Our Content and the Collective Work for your personal professional (non-commercial) use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
    2. You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
  6. User Content Rights and Related Responsibilities; Your License to Company

    (Includes multiple sub-points a through j that can be formatted similarly to previous sections.)

  7. Interruption of Service

    1. We will use commercially reasonable efforts to maintain availability of the Services 24 hours a day, 7 days per week, subject to planned maintenance and the terms of this Agreement.
    2. Your access and use of our Services may be interrupted from time to time for any of several reasons including, without limitation, inability to access a network to connect to the internet from your location, the malfunction of your or our equipment, periodic updating, maintenance, or repair of our Services or other actions that we, in our sole discretion, may elect to take.
    3. You agree that we will not be liable to you or to any third party for damages resulting from any interruption of the Services or any part thereof.
  8. Third Party Links and Affiliates; Products, Services, and Content

    (Includes general terms about third-party links, disclaimers, and user agreements.)

  9. Mobile App Software End User License Agreement (EULA)

    (Includes detailed terms regarding the mobile application usage, user agreement, restrictions, and compliance.)

  10. Mobile Application from a Third-Party App Store

    (Includes licensing terms and agreements between the user, the company, and third-party app stores.)

  11. Electronic Communications

    1. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS, or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
    2. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  1. Security

    Violating the security of our Services is prohibited and may result in criminal and civil liability. Company may investigate incidents involving such violations and may involve, and will cooperate with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to, or use of, data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.

  2. Privacy and Your Data Security

    We will maintain industry-standard administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Your Data. We protect Your Data using commercially reasonable technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls…

  3. Disclaimers; No Warranties
    1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY SERVICE IS AT YOUR SOLE DISCRETION, AND YOU ASSUME ALL RISK ASSOCIATED WITH THAT USE…
    2. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT…
    3. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER FAULTS, INACCURACIES OR TYPOGRAPHICAL ERRORS…
    4. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES…
    5. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK…
    6. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY…
    7. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE…
    8. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES…
  4. LIMITATION OF LIABILITY
    1. YOUR USE OF THE COMPANY SERVICE IS AT YOUR SOLE RISK AND IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU…
    2. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS…
    3. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE…
    4. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES…
    5. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR…
    6. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES…
  5. Indemnity
    1. You agree that you will be personally responsible for your use of the Service…
    2. We reserve the right, at our own expense, to assume the exclusive defense and control…
  6. Release
    1. IN EXCHANGE FOR YOUR RIGHT TO USE THE SERVICES, YOU RELEASE, TO THE MAXIMUM EXTENT ALLOWED BY LAW…
    2. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542…
  7. Governing Law

    This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Georgia…

  8. Our Remedies
    1. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced…
    2. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach…
  9. Dispute Resolution

    PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE…

    1. Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law…
    2. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.”…
    3. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF…
    4. Pre-Arbitration Dispute Resolution…
    5. Arbitration Procedures…
    6. Confidentiality…
    7. Severability…

CONTACT US:

If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at customerservice@thesixshifts.com or mail us here:

The Six Shifts, LLC
1720 Epps Bridge Parkway
Suite 108, #419
Athens, GA. 30605

Last updated: January 12, 2025