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Smore Terms of Service

Updated [  March 25, 2026   ]

If you find a Smore newsletter that you believe violates our terms of service, please let us know.

Introduction

These general terms of service (“Terms” or “Terms of Service”) are entered into by and between Fireplace, Inc., d.b.a. Smore (“Fireplace,” “Smore,” “we/our”) and the party using the Fireplace Website and/or Services, defined herein (“Customer” or “you/r”). These Terms, together with Fireplace’s operating rules, policies (including, without limitation, Our Privacy Policy and Data Processing Addendum and procedures that may be updated by Fireplace from time to time on its Website collectively form the “Agreement.”

By accessing the Smore website (the “Website”) and/or using any Fireplace services and products available at or through the Website, whether a purchased or trial service (the “Services”), in whole or in part, you agree to become bound by the terms and conditions of this Agreement, unless the parties enter a signed agreement, in which case that agreement shall govern. If you do not agree to all the terms and conditions of this Agreement, then you must not access the Website or use the Services. Our Website and Services are owned and operated by Fireplace.

Please read this Agreement carefully before accessing or using the Website or Services. If these terms and conditions are considered an offer by Fireplace, acceptance is expressly limited to these Terms. If you are entering this Agreement on behalf of an individual under the age of 18 (a “minor”), you hereby represent that you are the parent or legal guardian of that minor and have read, reviewed, and agreed to these terms on their behalf. If you are a minor, you cannot accept these Terms and/or use the Services without approval from a parent or legal guardian. If you are accepting these Terms and using the Website and/or Services on behalf of a child, company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

We continuously make improvements and changes to the Website and/or to individual features of the Services. These updates may result in the complete removal, restriction, or new limitations to certain parts of the Service (a “Material Modification”) at any time, and without notice. In the event of a Material Modification, you have the right to terminate your Account and receive a pro-rata refund of your Fees for the remainder of the Term by providing notice to Fireplace as set forth herein.

Education Usage & Eligibility:

The Smore annual Educator account is only licensed for use by teachers, professors, or other educators and by their students under the educator’s direct supervision in accordance with the terms of this Agreement. If you are not a teacher, professor, or educator, you may not use the Smore annual Educator account.

1. Your Smore Account

When you create an account on the Website for use of or access to any Services (an “Account”), you are responsible for maintaining the security and privacy of your Account. Your Account will set out the Services permitted to be used by You under this Agreement and any applicable fees for such use. You must keep your individual Account login credentials and passwords confidential and not authorize anyone else to use your Account on your behalf. You must immediately notify Fireplace of any unauthorized uses of your Account or any other breaches of security of your Account.

2. Use of Services & Content

You shall be solely responsible and liable for your use of the Website and the Services in accordance with the terms of this Agreement. You are also solely responsible and liable for submission and upload into the Services of any material, data, or information, including without limitation, files, text, music, graphics, audio files, photographs, videos, images, or linked or embedded content, including without limitation, third-party materials, websites or webpages (collectively, the “Content”), whether of Customer or any third party. You hereby agree You are the sole owner of the Content and nothing herein shall be construed to grant ownership of such Content to Fireplace. The Services purchased herein shall be non-refundable and non-cancellable, except as set forth in these Terms. Fireplace shall not have any responsibility or liability for any unsuccessful sharing or email attempts to your recipients via the Services that are undelivered, pending delivery, or in any other pending or failed status.

You agree you will NOT use the Services to send any inappropriate messages or Content, or “spam” as defined below. You shall only use the Services based on your applicable subscription (as indicated on your Account page), including without limitation, a maximum number of emails or permitted number of contacts.

By submitting Content to the Website or Service, you grant Fireplace a world-wide, royalty-free, fully-paid, transferable, sublicensable and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing the Services, in order to make any changes or improvements to the Services, or for Smore’s internal business purposes. If you delete Content, Fireplace will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be able to be immediately removed. Notwithstanding the foregoing, Fireplace shall not be obligated to delete or remove any Content from the Services that would be in violation of any applicable law (unless notified of such violation by You or required to do so by a court or governmental order), or that Fireplace is required to maintain in accordance with its retention, privacy or other similar policies.

Without limiting any of the foregoing representations or warranties, Fireplace has the right (though not the obligation) to review Your Content and delete or remove Your Content (without notice) from any of the Services in its sole discretion. In addition, Fireplace may immediately terminate or deny your access to the Services in the event of any use that is, in Fireplace’s reasonable discretion: inappropriate, violates any Fireplace policy, violates any term of this Agreement, violates any applicable law or any right of a third party, or is in any way harmful or objectionable. Fireplace will have no obligation to provide a refund of any amounts previously paid in the event of termination or removal of Content pursuant to this Section.

You understand, agree, and consent to the Fireplace’s use of cookies, pixels, javascripts, analytics and other technologies on its website. You acknowledge and agree that such technologies may involve sharing data with third parties subject to their own privacy notices, terms, and conditions.

3. General Representations and Warranties

You represent and warrant that (i) your use of the Website and Services will be in strict accordance with this Agreement, including without limitation, the Fireplace Privacy Policy, and with all applicable laws, rules and regulations (including without limitation any local laws, rules or regulations in your country, state, city, or other governmental area, and including all export laws regarding the transmission of technical data exported from the United States or the country in which you reside).

With regards to your Content, you hereby represent, warrant and covenant the following:

  • your Content will not violate or infringe upon the rights, including but not limited to the copyright, patent, privacy, publicity, trademark trade secret, or other personal or proprietary rights of any third party;
  • your Content, and the presentation of your Content via the Services, does not violate any applicable law;
  • your Content does not contain libelous, defamatory, or otherwise unlawful material;
  • you either own or have received all necessary consents and rights to post or make available your Content publicly available, including through the Fireplace Services;
  • your Content will not breach or conflict with any obligations, such as a confidentiality obligation;
  • you have fully complied, and maintain compliance, with any third-party licenses relating to your Content, and successfully passed through such terms to any of your end users who access such Content through the Services;
  • your Content does not contain any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • your Content is not “spam,” which is defined as any activity whereby you directly or indirectly transmit content to any email address that has not solicited such content and does not consent to such transmission. For the avoidance of doubt, spam includes but is not limited to unethical and / or unwanted commercial content, content  designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further any unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • your Content is not obscene, pornographic, or contain threats or incite violence;
  • your use of the Services does not mislead your readers into thinking that you are another person or company or imply that you represent the opinions of another person or company; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Fireplace or otherwise.

4. Term

Fireplace offers both trial, previously referred to as “free”, and paid Services. A trial account shall commence on the date you create a trial account and will remain in effect the earlier of thirty (30) days after you sign up for the account, or until you purchase a paid subscription plan on the Website (a “Premium Account”). Use of any Premium Account shall be in effect for the initial period  as indicated on your Account page (the “Initial Term”). Thereafter, your Services shall automatically renew in additional increments of the same period as your Initial Term (each a “Renewal Term” and together with the Initial Term, a “Term”), at Fireplace’s then-current price for such Services, unless you notify Fireplace  sixty  60) days prior to the end of the applicable Term of your desire not to renew.

Upon notice of non-renewal, all Fees due and owing for your applicable Premium Account, through the remainder of the Term, as well as any taxes, shall be collected by Fireplace using any credit card or other payment mechanism on your account page. If and as necessary, you agree to provide Fireplace with any updated payment information for payment of all remaining Fees.

5. Upgrades and Downgrades

You may Upgrade or Downgrade the Services only as set forth in this Section. Any Upgrade or Downgrade shall not impact the dates of the Term.

An “Upgrade” shall mean you upgrade from a trial account to a Premium Account, or from a less expensive to a more expensive Premium Account.

A “Downgrade” shall mean you downgrade a Premium Account to a less expensive Premium Account..

Upgrades

You may Upgrade your Services at any time via the Website. In the event of an Upgrade, Fireplace shall charge you the difference between the Fees you pre-paid for your current Account (pro-rated through the date of such Upgrade), and the Fees due for the Upgraded Premium Account (pro-rated through the end of the current Term). Your current Services shall be canceled and you will immediately receive access to the applicable Upgraded Premium Account.

Downgrades

You may request a Downgrade of your Services at any time via the Website, provided that the Downgrade shall not take effect until the end of your current Term. Upon the expiration of your current Term, your Downgrade Services will go into effect and you will be charged any remaining Fees for the original Premium Account, as well as all Fees, upfront and in full, for the cost of the Downgraded Premium Account

7. Payment

Fireplace shall charge Customer the Fees (if any) for the Services as set forth in your Order. The Fees shall be due upon access to or use of the Website and/or Services and Fireplace shall be authorized to automatically charge the credit card associated with your account. Your payments to Fireplace may be processed by a third party payment services provider, including Stripe. Information processed by these third party payment service providers may be subject to their own terms, conditions, and/or privacy notices. For example, Stripe’s privacy notice is https://stripe.com/privacy. By submitting payments, you direct and agree to sharing your information with these third parties subject to their terms and notices. 

8. Responsibility of Customers

Fireplace has not reviewed, and cannot review, all of the Content posted to the Website or used in the Services by its visitors or other customers. Fireplace does not represent or imply that it endorses the Content posted, or has reviewed such Content, including without limitation, for its accuracy, lawfulness, or harmfulness. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fireplace fully disclaims any responsibility and liability for this Content, including without limitation, related to your access, downloading, or use thereof. You are solely responsible for ensuring that your use of Fireplace Services meets all applicable legal requirements. Your use of the Fireplace Services includes without limitation the submission of Content, the presentation of your Content as posted or hosted through the Fireplace Service, and the distribution of your Content through the means and to the recipients you designate. Without limitation, you, not Fireplace, are responsible for compliance with CAN-SPAM, TCPA, ADA, and all other legal requirements regarding the presentation and distribution of your Content.

9. DMCA Policy

For more information on how to report copyright infringement to Fireplace, please visit our DMCA Policy. 

10. Intellectual Property

Fireplace owns all right, title and interest in and to the Services, including without limitation, any permitted copy, translation, modification, adaptation or derivation thereof, and any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to the Services. This Agreement does not transfer any third-party intellectual property from Fireplace to you. All patents, copyrights, trademarks, trade secrets, service marks, trade names and any other intellectual property of Fireplace (the “Fireplace IP”), shall remain Fireplace’s exclusive property. Fireplace reserves the right to display attribution links such as ‘Powered by Smore’ in your Services. Other than if you are a Pro Account user, who may remove the Fireplace attribution embedded in the Services, you agree not to modify, tamper with or remove any such attribution or other Fireplace IP from the Services. Other than as expressly permitted in this Agreement, you may not use the Fireplace IP without the prior written consent of Fireplace. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties (“third party marks”) and your use of the Website and Services grants you no right or license to reproduce or otherwise use any third-party marks, which shall remained the property of such third party(ies). All rights not expressly granted to you herein are retained by Fireplace.

11. Confidentiality

“Confidential Information” means any and all non-public or proprietary information prepared, accessible or delivered to  you by Smore or its representatives that is marked as confidential, or should be known to a reasonable person given the facts and circumstances of the disclosure, as being confidential.

Confidentiality. You agree to keep the Confidential Information of Smore confidential and to take reasonable precautions designed to protect against the unauthorized access, use or disclosure of Smore’s Confidential Information. You shall not disclose or use Smore’s Confidential Information for any purpose, except as is necessary to perform your obligations hereunder. You may disclose the Confidential Information only to those employees, consultants, contractors, advisors, counsel, agents and subcontractors who have a legitimate business reason to have such access or that require access for the purpose of performing its obligations under these Terms, and are subject to a non-disclosure agreement related to such Confidential Information or confidentiality obligations substantially similar to those herein.

Exclusions. Confidential Information does not include information (i) that is published or available to the public other than by breach of these Terms or by violation of law; (ii) otherwise rightfully received by the non-disclosing party from a third party without obligations of confidentiality; (iii) independently developed by the non-disclosing party having no access to the disclosed information; or (iv) known to the non-disclosing party before receiving the Confidential Information from the disclosing party under this or any prior agreement of the parties; (v) disclosed by the disclosing party to a third party without restrictions. In addition, the receiving party may disclose the disclosing party’s Confidential Information to the extent such disclosure is required by applicable law or order of a court; provided the receiving party will provide prompt written notice of such required disclosure and reasonably assist the disclosing party, at the disclosing party’s request and expense, to seek an appropriate protective order.

13. Domain Names

If you register a domain name or use or transfer a previously registered domain name for use in or related to the Services, you agree to comply with all applicable policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

14. Termination

Without prejudice to any other rights to which it may be entitled, and in addition to Smore’s rights to terminate as expressly set forth in this Agreement, either party may terminate this Agreement with immediate effect:

  • 1.1   If the other party commits any material breach of any of the terms herein and fails to remedy that breach within thirty (30) days of being notified thereof by the other party; or
  • 1.2   if the other party files a petition in bankruptcy or insolvency or for an arrangement or for the appointment of a receiver or trustee of that Party or of its assets or if the other Party is a party to any dissolution or liquidation, or if the other party shall make an assignment for the benefit of its creditors.

Upon termination of this Agreement, You will cease access to the Services through your  Account. Pursuant to termination of this Agreement, all Fees shall become immediately due and payable and Fireplace shall be permitted to charge you for the Fees through the remainder of the Term, except in the event of termination resulting from Fireplace’s uncured material breach, in which case you may request a refund of any pre-paid Fees pro-rated from the date of termination through the remainder of the Term.

15. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS”. WITH RESPECT TO THE WEBSITE AND SERVICE, FIREPLACE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COMPLIANCE WITH LAW. FIREPLACE DISCLAIMS AND MAKES NO WARRANTY WITH RESPECT TO THE SERVICE QUALITY, ACCURACY, OR CONTINUED AVAILABILITY OF THE SERVICE, WEBSITE, CONTENT, OR DATA. FIREPLACE MAY OFFER OR LINK TO TRANSLATION SERVICES, BUT FIREPLACE DISCLAIMS AND MAKES NO WARRANTY WITH RESPSECT TO THE QUALITY OF SUCH TRANSLATION SERVICE. WITH THE EXCEPTION OF SUBSTANTIVE ACCURACY OF OUR ACCESSIBILITY CONFORMANCE REPORTS, FIREPLACE DISCLAIMS ANDMAKES NO WARRANTY OF COMPLIANCE WITH LAWS RELATING TO DISABILITY OR ACCESSIBILITY. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT THE PRESENTATION OF YOUR CONTENT THROUGH FIREPLACE SERVICES COMPLIES WITH ALL LAWS REGARDING DISABILITY OR ACCESIBILITY, INCLUDING THE AMERICANS WITH DISABILITIES ACT (ADA). NEITHER FIREPLACE NOR ITS SUPPLIERS OR LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

16. Limitation of Liability

In no event will Fireplace, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, punitive or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data or Content; (iv) any use of, or submission of Content in the Services; or (v) for any amounts that exceed the Fees paid by you to Fireplace under this Agreement during the twelve (12) month period prior to the date the cause of action arose. The foregoing shall not apply to the extent prohibited by applicable law.

17. Force Majeure

In no event shall Fireplace be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, pandemics (e.g., COVID-19), orders by any government agency, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that Fireplace shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.

18. Indemnification

Customer will: (a) defend and hold harmless Smore and its officers, directors, employees, agents, attorneys, affiliates, successors, and permitted assigns (each, an “Indemnified Party”; collectively, “Indemnified Parties”) against all third party actions, claims, litigation, arbitration, disputes, investigations, inquiries, allegations, or accusations (collectively, “Actions”); and (b) indemnify each Indemnified Party for all losses, damages, liabilities, deficiencies, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by Indemnified Party (collectively, “Losses”) arising out of or related to any Action regarding Customer’s, or any of its employees’ or agents’, actual or alleged: (a) operations or use of the Services; (b) failure to comply with federal, state, or local laws, regulations, or codes; (c) breach or non-fulfillment of any provision of these Terms, including any representation, covenant, and/or warranty of Customer hereunder; or (d) negligent or more culpable act or omission (including any reckless or willful misconduct) in connection with the performance of its obligations under these Terms. Without limitation, Customer’s obligations to defend and hold harmless and to indemnify the Indemnified Parties extend to any actual or alleged failure of either Customer or Smore to comply with the Telephone Consumer Protection Act (TCPA) and/or its implementing regulations arising out of or related to the transmission of messages by or on behalf of Customer. Customer acknowledges and agrees that when transmitting messages through the Service it, and not Fireplace, solely acts as the “sender” or “initiator” of the text messages, including as those and related terms are used in the TCPA.

Customer shall have no authority to admit or agree to any fault, liability, or obligation on behalf of or otherwise binding any Indemnified Party except with the advance, express consent of Smore as evidenced by a signed writing of its CEO and/or legal counsel. An Indemnified Party may at any time and in its sole discretion immediately assume control of the defense and/or settlement of any Action, with counsel of its choosing and at Customer’s sole expense, immediately upon written notice to Customer. Customer agrees to participate with Indemnified Party as requested and at Customer’s sole expense with respect to any Action impacting Indemnified Party that arises under or relates to Customer’s use of the Services.

19. Privacy and Security

Smore uses YouTube API Services. By using Smore, Users are agreeing to be bound by the YouTube Terms of Service, available at https://www.youtube.com/t/terms

20. Modification

We reserve the right, at our discretion, to change the terms of this Agreement on a going-forward basis at any time. Please check the terms of this Agreement periodically for changes. If a change materially modifies your rights or obligations, you will be required to accept the modified Agreement in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Agreement. Immaterial modifications are effective upon publication. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.

21. Notice

All notices shall be in writing and sent by e-mail to Fireplace at the following address: [email protected] and to you at the email furnished by you. Notice shall be deemed effective upon transmission.

22. Miscellaneous

This Agreement constitutes the entire agreement between Fireplace and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Fireplace, or by Fireplace posting a revised version. As Fireplace is a wholly owned subsidiary of SchoolStatus, by using the Website and Services you also agree to be bound by the terms of the SchoolStatus Master Service Agreement. This Agreement will be governed by, and construed in accordance with, the laws of the state of Washington, U.S.A., excluding its conflict of law provisions. If any term or provision of this Agreement is held invalid or unenforceable by a court or tribunal of competent jurisdiction, such term or provision will be construed to reflect the parties’ original intent, and the remaining portions of this Agreement will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not be deemed a waiver of any other condition or provision or any subsequent breach thereof. No waiver shall be effective unless made in writing and signed by the waiving party. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, this Agreement. Fireplace may assign its rights under this Agreement without condition. This Agreement will be binding upon and will insure to the benefit of the parties, their successors and permitted assigns. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.