Structure of this document. These Terms have two parts. The numbered Sections below apply to everything Constructed Learning offers. The Schedules that follow describe individual products and apply only to the product each one names. Both parts are binding.
PART I — GENERAL TERMS
1. Agreement and Scope
These Terms of Use (the “Terms”) constitute a binding agreement between You (“You,” “Your”) and Constructed Learning, LLC (“Constructed Learning,” “we,” “us,” or “our”), a Texas limited liability company, governing Your access to and use of:
constructed-learning.com — the Constructed Learning website and the products and content hosted there; and
thevisualnonglossary.com — The Visual Non-Glossary (“The VNG”) and the content hosted there.
The two websites above are together the “Sites.” The VNG is owned and operated by Constructed Learning, LLC.
By accessing the Sites or otherwise using or interacting with the Sites (for example, by viewing, downloading, or both), You agree to be bound by these Terms. If You do not agree to these Terms, do not access or use the Sites.
If You are accepting these Terms on behalf of a school, district, or other organization, You represent that You have authority to bind that organization, and “You” refers to both You and that organization.
2. Definitions
“Services” means the Sites and each website, application, tool, platform, database, video, course, module, download, and other product or content that Constructed Learning makes available through the Sites, whether available as of the Effective Date or made available afterward. The Services available as of the Effective Date are described in the Schedules to these Terms.
“Content” means all material comprising or made available through the Services, including pictures, photos, and drawings in digital format; software, interfaces, and data organization; video; and written and multimedia instructional and professional development materials.
“Output” means material You generate, print, or download using a Service, where that Service is designed to produce such material.
“Subscriber” means a person or institution holding a current paid subscription to one or more Services.
“User Content” means comments and other material You post, submit, or transmit through the Services.
“Schedule” means a product-specific schedule attached to and forming part of these Terms.
3. The Services, the Schedules, and Order of Precedence
Each Service is governed by these general Terms together with the Schedule that describes it. A Schedule sets out the license You receive for that Service and any terms specific to it.
Constructed Learning may add, modify, suspend, or discontinue Services at any time, and may add new Schedules or amend existing Schedules, in accordance with Section 18. A Service made available after the Effective Date is governed by these Terms and by its Schedule from the date it becomes available to You.
Order of precedence. Where these documents conflict, the following order controls:
A written agreement, purchase order, or data protection agreement executed between Constructed Learning and Your institution, to the extent of the conflict;
The Schedule governing the Service in question, with respect to that Service;
Part I of these Terms.
Where a Service has no Schedule, Part I governs it in full.
4. Ownership of Content
Constructed Learning, LLC owns all rights, title, and interest in and to the intellectual property contained within the Content, and in the selection, coordination, arrangement, and compilation of the Content, and the Content is protected by United States and international laws. Nothing in these Terms transfers ownership of any Content to You. All rights not expressly granted in these Terms or in a Schedule are reserved to Constructed Learning.
How the Content is produced. Constructed Learning produces the Content. Generative artificial intelligence tools are used in a limited, assistive capacity in the production of some Content — for example, to modify an individual element within a visual that Constructed Learning designed. All Content is reviewed by Constructed Learning before it is published. The Services do not process Your input through any artificial intelligence system.
The restrictions on Your use of the Content set out in these Terms and in the Schedules are contractual obligations You accept by using the Services, and apply regardless of the copyright status of any individual item of Content.
5. Eligibility and Accounts
The Services are directed to adults — teachers, school and district administrators, and other adult users. You must be 18 years of age or older to create an account.
When You create an account, You agree to provide accurate and complete information and to keep it current. You are responsible for maintaining the confidentiality of Your login credentials and for all activity that occurs under Your account. You agree to notify us promptly at info@constructed-learning.com if You learn of any unauthorized use of Your account.
Accounts are personal to the individual named on them. You agree not to share Your login credentials with, or permit account access by, any other person, except as expressly permitted for institutional subscriptions under Section 10.
Students. The Services are built for educators. We do not create student accounts, and students should not create accounts. Nothing in these Terms prevents an educator from displaying a Service or the Content to students in the course of instruction.
6. Free Access, Free Trials, and Subscription Access
6.1 Free access. Portions of the Services are available to any visitor without an account or payment. Other portions are available only to Subscribers, as described in the applicable Schedule.
6.2 Free trials generally. Where we offer a free trial, the Service it covers, the length of the trial period, whether a payment method is required, and any limit on downloads or other usage during the trial are stated in the applicable Schedule and at the point of sign-up. Unless a Schedule expressly states otherwise:
A free trial is limited to one per person and one per institution;
We may limit the number of items You may download or the extent to which You may use a Service during a trial, as stated at sign-up;
We may modify or withdraw a free trial offer at any time, though not for a trial already underway; and
A change to the length or terms of a free trial applies to trials beginning after the change and does not affect a trial already underway.
6.3 Trials that do not require a payment method. Where the applicable Schedule states that no payment method is required, we will not charge You for the trial, and the trial will not convert into a paid subscription unless You choose to subscribe. At the end of the trial period, access to the Subscriber features covered by the trial will end. You may subscribe at any time during or after the trial under Section 7.
6.4 Trials that require a payment method and convert automatically. Where the applicable Schedule states that a payment method is required and that the trial converts automatically:
At the end of the trial period, the trial will convert automatically into a paid subscription, and the payment method You provided will be charged the price disclosed to You at sign-up, unless You cancel before the trial period ends.
The price, the billing interval, and the date on which the first charge will occur will be disclosed to You clearly and conspicuously before You provide Your payment method.
We will send You a reminder by email before the trial period ends, at least the number of days stated in the applicable Schedule.
You may cancel at any time during the trial under Section 7.3. If You cancel before the trial period ends, You will not be charged, and You will retain access for the remainder of the trial period.
Once the trial has converted and a charge has been made, Section 7.5 applies to that charge.
6.5 Changes to what is free. Constructed Learning may change which portions of the Services are available without payment. If we discontinue a material feature that You are paying for during a term You have already paid for, we will make a reasonable accommodation, which may include a prorated credit.
7. Subscriptions, Billing, Automatic Renewal, and Cancellation
7.1 Subscription terms. Subscriptions are offered on a monthly or annual basis, at the prices and for the scope of access described at the point of purchase. A subscription may cover one Service or several, as described at the point of purchase.
7.2 Automatic renewal. Subscriptions renew automatically. Unless You cancel before the end of Your current billing period, Your subscription will automatically renew for a successive period of the same length, and the payment method on file will be charged the then-current price for that period. Monthly subscriptions renew every month. Annual subscriptions renew every year.
7.3 How to cancel. You may cancel Your subscription at any time through the subscription management portal accessible from Your account, which is operated by our payment processor, Stripe. You may also cancel by emailing info@constructed-learning.com.
7.4 Effect of cancellation. Cancellation stops future renewals. It does not end Your current billing period. You will retain access to Subscriber features through the end of the period You have already paid for, and access will end at that time. A free trial that does not require a payment method requires no cancellation; it simply ends, as described in Section 6.3. Cancellation during a converting trial under Section 6.4 prevents any charge and preserves access for the remainder of the trial period.
7.5 No refunds. Except where required by law, all payments are final and non-refundable. We do not provide refunds or credits for partial billing periods, for periods during which You did not use the Services, or for cancellation before the end of a paid period.
7.6 Price changes. We may change subscription prices. Any price change will apply to Your next renewal, and we will give You notice by email before it takes effect. If You do not wish to pay the new price, You may cancel before the renewal date under Section 7.3.
7.7 Institutional purchases. Campus and district subscriptions may be purchased by credit card or, where we agree in writing, by purchase order or invoice. Invoiced amounts are due within 30 days of the invoice date unless the applicable purchase order or written agreement states otherwise. Access may be suspended for non-payment following notice. Where an institution has issued a purchase order or executed a written agreement with us, the payment, term, and renewal provisions of that document control over Sections 7.1 through 7.6 to the extent they conflict.
7.8 Payment processing. Payments are processed by Stripe, Inc. We do not collect or store Your full payment card number. Your use of Stripe is subject to Stripe’s own terms and privacy policy.
7.9 Taxes. Prices do not include applicable sales or use taxes, which will be added where required. If You are a tax-exempt institution, You are responsible for providing valid exemption documentation.
8. Licenses Granted to You
8.1 Access License. Subject to Your compliance with these Terms, Constructed Learning grants You a limited, revocable, non-exclusive, and non-transferable Access License to browse, access, and view the Sites and the publicly available portions of the Services.
8.2 Subscription License. So long as Your subscription is current, and subject to Your compliance with these Terms, Constructed Learning grants You a limited, revocable, non-exclusive, and non-transferable license to access and use the Services covered by that subscription for Your own educational and professional purposes and for instruction of Your own students, as further described in the applicable Schedule. This license ends when Your subscription ends.
8.3 Free trial license. During a free trial, the Subscription License in Section 8.2 applies to the Service covered by the trial, subject to any download or usage limit stated at sign-up. The license ends when the trial period ends unless You subscribe or the trial converts under Section 6.4.
8.4 Output. Where a Service produces Output, and subject to Your compliance with these Terms, Constructed Learning grants You a limited, revocable, non-exclusive, and non-transferable license to print, retain, and use that Output for educational purposes, and to share it with Your own students and with other educators employed by the same school or district as You.
You may not sell, license, publish, post publicly, or otherwise distribute Output outside Your school or district, and You may not use Output in any paid training, consulting, coaching, or professional development offered by You or by any third party, without our prior written permission.
Constructed Learning retains all rights, title, and interest in the Services that produce Output, including the underlying data organization and the form and design of the Output. A Schedule may modify this Section for the Service it describes.
8.5 Reservation of rights. Except as expressly set forth in these Terms or in a Schedule, the licenses granted above do not include any right to make, modify, perform, reproduce, prepare derivative works of, distribute, or display any of the Content.
9. Conditions of Use
As conditions of Your use of the Services, You agree to retain all copyright and other proprietary notices contained on any Content used by You.
You agree not to:
Make, modify, perform, reproduce, prepare derivative works of, distribute, or display any of the Content, except as expressly permitted in Section 8 or in an applicable Schedule;
Participate in any activity that involves commercial activities and/or sales of access to the Services by You to another person or entity not covered by the Access License or a subscription;
Participate in any activity that involves commercial activities and/or sales of the Content by You to another person or entity not covered by the applicable license;
Share, transfer, sell, or otherwise make available Your account credentials or Your seat under an institutional subscription, or permit any person other than the individual assigned to the account to use it;
Create multiple accounts, or use different identities or payment methods, in order to obtain more than one free trial;
Access or attempt to access any Subscriber-only portion of the Services without a current subscription, or circumvent, disable, or interfere with any paywall, access control, or digital rights management technology associated with the Services or the Content;
Use any robot, spider, scraper, or other automated means to access, copy, index, or collect the Content or any data from the Services;
Use the Content or the Output to build, train, or improve any competing product, database, machine learning model, or artificial intelligence system;
Impersonate any person or entity, including any employee or representative of Constructed Learning or The VNG;
Engage in or attempt to engage in any potentially harmful acts directed against Constructed Learning, the Services, or their users, including but not limited to compromising or facilitating compromise of any security features of the Services or the Content; facilitating software or other means to hack, gather data from or about, or access any portion of the Services or the Content (unless Constructed Learning has expressly granted permission to do so in another agreement); introducing or facilitating introduction of any kind of harmful code or software into or through the Services or the Content; or interfering or facilitating interference with the functioning of, or use by others of, the Services or the Content.
10. Institutional Subscriptions
Campus and district subscriptions provide a stated number of individual user seats. Each seat must be assigned to a single named individual, who must create and use their own account.
The institution or its designated administrator is responsible for assigning seats, for the conduct of its assigned users under these Terms, and for promptly notifying us of users who should no longer have access. A seat may be reassigned to a different individual when the original user leaves the institution or changes roles. A seat may not be shared, rotated among users, or used concurrently by more than one person.
Where an institution has purchased or provisioned access, we may share account and usage information with that institution’s designated administrators, as described in our Privacy Policy and as permitted by our agreement with the institution.
All access under an institutional subscription, including access by individual assigned users, ends when the institutional subscription ends.
11. Comments and Other User Content
Portions of the Services may allow You to post comments or other material.
You are solely responsible for Your User Content. You represent that You have the right to post it and that it does not infringe the rights of any third party.
You agree not to post User Content that is unlawful, infringing, defamatory, harassing, obscene, or that contains personally identifiable information about any student.
By posting User Content, You grant Constructed Learning a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to host, store, display, reproduce, and distribute that User Content in connection with operating and promoting the Services, and to remove it at any time.
Constructed Learning has the right, but not the obligation, to monitor, edit, refuse to post, or remove any User Content at its sole discretion and without notice. Removal of User Content does not entitle You to any refund.
12. Third-Party Services and Links
The Services may contain links to third-party websites and rely on third-party services, including Stripe for payment processing and embedded video hosting. We do not control third-party sites or services and are not responsible for their content, practices, or availability. Your use of a third-party service is governed by that party’s terms.
13. Suspension and Termination of Access and Licenses
You agree that Constructed Learning has the right to suspend or terminate Your access to all or some of the Services if Constructed Learning determines that You are in breach of these Terms.
You agree that Constructed Learning has the right to terminate any license granted under Section 8 or under any Schedule if Constructed Learning determines that You are in breach of these Terms.
In the event of suspension or termination of Your access or any license, Constructed Learning may delete or change Your login information associated with any account You have for the Services; delete Your account; and/or bar Your further use of the Services. Constructed Learning may also take any action available under any laws to enforce a breach of these Terms, including use of the Services that is outside the scope of a license.
Termination for breach does not entitle You to any refund of subscription fees paid.
If Your access to the Services is terminated under these Terms, then You agree that You will not attempt to re-register with or access the Services through use of different login information.
Upon termination or expiration of Your subscription or free trial, You must cease use of any Service whose license has ended. Content and Output You lawfully downloaded or generated while Your subscription or trial was current may be retained and used for educational purposes, subject to the restrictions in Section 8 and in the applicable Schedule.
All provisions of these Terms that by their nature should survive termination shall survive termination of Your access to the Services.
14. Disclaimers and Other Provisions
THE SERVICES AND ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS DOWNLOADED OR OTHERWISE ACCESSED AT YOUR OWN RISK.
CONSTRUCTED LEARNING MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: THE CONTENT WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR SECURE; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE INFORMATION ON THE SERVICES, INCLUDING ANY OUTPUT, IS CORRECT, ACCURATE, CURRENT, OR RELIABLE.
CONSTRUCTED LEARNING EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND THE CONTENT.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES AND THE CONTENT, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES, FROM TIME TO TIME, MAY BE SUBJECT TO MAINTENANCE OR OTHER DISRUPTIONS TO ACCESS.
15. Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL CONSTRUCTED LEARNING BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, OR ANY DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, OR PROCUREMENT OF SUBSTITUTE SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR OUR SERVICES, OR FROM ANY COMMUNICATIONS WITH OTHER USERS THEREOF, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED THROUGH CONSTRUCTED LEARNING; (3) THE CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (4) ANY OTHER MATTER RELATED TO CONSTRUCTED LEARNING OR THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, OR ANY OTHER LEGAL THEORY.
UNDER NO CIRCUMSTANCES WILL CONSTRUCTED LEARNING BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO CONSTRUCTED LEARNING BY YOU IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.
THE FOREGOING LIMITATIONS AND CAP ON LIABILITY WILL NOT APPLY TO LIABILITY OF CONSTRUCTED LEARNING FOR ANY INJURY CAUSED BY CONSTRUCTED LEARNING’S FRAUD OR FRAUDULENT MISREPRESENTATION, OR TO ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
16. Indemnification
You agree to indemnify, defend, and hold harmless Constructed Learning and its members, officers, employees, and agents from any claim, demand, loss, or expense, including reasonable attorneys’ fees, arising out of Your breach of these Terms, Your misuse of the Content or Output, or Your User Content.
17. Changes to These Terms and to the Schedules
We may modify these Terms and may add, amend, or remove Schedules. When we do, we will update the effective date at the top of this document.
New Services. Adding a Schedule for a Service that is new does not change Your rights with respect to Services You already use. A new Schedule applies to You when You first access the Service it describes.
Material changes. For changes to Part I, or to a Schedule governing a Service You currently use, that materially affect Your rights or obligations, we will provide notice by email or by a notice on the Services before the change takes effect.
Changes apply to Your use of the Services after the effective date and, for Subscribers, to Your next renewal term. Your continued use of the Services after a change takes effect constitutes acceptance of the modified Terms. If You do not accept a change, Your remedy is to stop using the Services and, if You are a Subscriber, to cancel under Section 7.3.
18. Venue
Both You and Constructed Learning agree that all claims and disputes arising out of or related to these Terms will be litigated exclusively in the state or federal courts located in Bexar County, Texas.
19. Governing Law
These Terms and any action related to them will be governed and interpreted by and under the state laws of the State of Texas and the federal laws of the United States, without giving effect to any principles that provide for the application of the law of another jurisdiction.
20. General
Entire agreement. These Terms, including all Schedules, together with our Privacy Policy and any written agreement or purchase order executed between Constructed Learning and Your institution, constitute the entire agreement between You and Constructed Learning regarding the Services.
Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force. Severance of a provision in one Schedule does not affect any other Schedule.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms or any license granted under them. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Contact. Questions about these Terms may be sent to info@constructed-learning.com or to Constructed Learning, LLC, 150 N Loop 1604 W Ste 108-263, San Antonio, TX 78248
PART II — SCHEDULES
The following Schedules describe the Services available as of the Effective Date. Each Schedule forms part of these Terms and is subject to the order of precedence in Section 3.
SCHEDULE A — The Visual Non-Glossary
Service. The Visual Non-Glossary, available at thevisualnonglossary.com, comprising a database of pictures, photos, drawings, and reading passages, in digital format and related materials (“The VNG Content”).
A.1 Content License. Upon a valid purchase of a subscription to The VNG, or during a free trial of The VNG, and subject to Your compliance with these Terms, Constructed Learning grants You a limited, revocable, non-exclusive, and non-transferable Content License to download and use a copy of any downloadable VNG Content on any computing device operated by You or by a student of Yours, for educational purposes.
During a free trial, the number of items You may download is limited, as stated at sign-up and in Section A.3.
A.2 Sharing. VNG Content You download may be shared only with Your own students and with other current VNG license holders. It may not be posted publicly, distributed to educators outside Your school or district who do not hold a VNG license, or included in any paid product or training.
A.3 Free trial. Constructed Learning offers a free trial of The VNG. The length of the trial period and the number of items You may download during the trial are stated at sign-up.
No payment method is required to begin the trial, and You will not be charged. Section 6.3 governs the trial. At the end of the trial period, access to VNG Subscriber features will end. The trial does not convert into a paid subscription. You may subscribe at any time during or after the trial, and any download limit that applied during Your trial ends when Your paid subscription begins.
The trial is limited to one per person and one per institution. Section 9(5) prohibits creating additional accounts to obtain additional trials.
A.4 Content downloaded during a trial. VNG Content You lawfully downloaded during a free trial, within the download limit that applied to that trial, may be retained and used for educational purposes under Sections A.1 and A.2, even if You do not subscribe at the end of the trial.
A.5 Comments. The VNG site permits comments. Section 11 governs them.
SCHEDULE B — ELPS Tool
Service. The online tool, the ELPS Compass, hosted at constructed-learning.com for comparing the Texas English Language Proficiency Standards (the “Tool”).
B.1 License. The Subscription License in Section 8.2 governs Your access to and use of the Tool. Limited functionality may be available without a subscription, as described on the Sites.
B.2 Output. The Tool allows You to generate and print or download results. Section 8.4 governs Your license to that Output.
B.3 Authoritative source and accuracy. The Texas Education Agency is the authoritative source for the English Language Proficiency Standards and for any requirement that applies to Your campus or district. Standards, rules, and guidance change over time, and the Tool may not reflect the most recent changes.
B.4 No compliance determination. The Tool does not provide legal advice, compliance certification, or a determination of any student’s proficiency level, eligibility, placement, or services. You are responsible for verifying any information against official Texas Education Agency sources before relying on it for any compliance, placement, funding, or reporting purpose.
B.5 No affiliation. Constructed Learning is not affiliated with, endorsed by, or acting on behalf of the Texas Education Agency.
SCHEDULE C — Professional Learning Videos and Asynchronous PD Modules
Service. Professional learning videos and asynchronous professional development modules hosted at constructed-learning.com (the “PD Content”).
C.1 License. The Subscription License in Section 8.2 governs Your access to and use of the PD Content. The PD Content is licensed for streaming and individual viewing by the Subscriber only.
C.2 Restrictions. You may not download, record, screen-capture, re-host, or publicly display the PD Content, except that a Subscriber may display a video to that Subscriber’s own students or to colleagues at the Subscriber’s own campus in the course of instruction or campus-based professional learning.
C.3 Continuing education credit.
Option A- Constructed Learning does not represent that completion of any PD module satisfies any continuing professional education, certification, licensure, or district requirement. You are responsible for confirming with Your district or the applicable authority whether a module will be accepted.