Terms of Service
Last updated October 25, 2026
Habla Tabla is operated by KONSTANTLY, LLC, a Virginia limited liability company ("Company", "we", "us" or "our"). These Terms of Service ("Terms") govern your use of Habla Tabla, including hablatabla.com, the 3D world in the browser, the dashboard, and the spaces and islands made with it (the "Service").
Other products operated by KONSTANTLY, LLC have separate terms. A Habla Tabla account is separate from any account with those products.
By creating an account, joining a space or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service. Our Privacy Policy explains how we handle personal data, including students' data.
These Terms include warranty disclaimers, limits on our liability, an exclusive Virginia court venue and a shorter deadline for business claims. They do not limit rights the law says cannot be waived.
1. Hosts, learners and accounts
Hosts (teachers, trainers and administrators) have accounts and run spaces from the dashboard. You must be at least 18 to create an account and legally able to enter into these Terms. By creating one, you represent that you meet this requirement; we do not independently verify age.
Learners (students, employees and other participants) join a space with the link or code its host shares, without an account. A learner's use of a space is also subject to the rules of the school or organization that runs it.
Children may use Habla Tabla only in a space run by their school or another organization that has authorized it, under that organization's supervision, or on our public demo islands with a parent, guardian or teacher.
Keep your account information accurate, keep your password to yourself, and tell us promptly if you think someone else has access. You are responsible for activity under your account and in the spaces you run. If you sign in with Google, your Google account's security is part of your account's security.
If you create an account or a space for a school, district, company or other organization, you confirm that you have authority to bind it. "You" then includes that organization, which is responsible for everyone it lets use the Service through it. You may delete your account at any time from the dashboard's Account page; our Privacy Policy explains what happens to your data.
2. Schools and organizations
If you use Habla Tabla with students, you and your school confirm that:
- The school authorizes the use of Habla Tabla for its educational purposes and, where the law requires, has given notice to or obtained consent from parents or guardians. For students under 13 in the United States, the school authorizes the collection of their information for the school's use and benefit and for no other commercial purpose, as the Children's Online Privacy Protection Act (COPPA) allows.
- For student records covered by the Family Educational Rights and Privacy Act (FERPA) or similar state laws, we act on the school's behalf and under its direct control as described in our Privacy Policy, and use those records only to provide the Service to the school.
- The school decides which features its spaces allow, such as free text chat, real names, voice, webcams, screen sharing and games, and obtains any consent those features need. Voice and webcams are off for school spaces unless the school's owner turns them on.
- Teachers supervise their sessions, use the host tools (pausing, muting, removing and reporting), and do not put sensitive personal information about students in lessons, quiz questions, space names or island text.
If your school or district needs a student data privacy agreement or a data processing agreement, email [email protected] before students use the Service. Creating an account does not by itself create one. A signed agreement controls over these Terms for the subject it covers (see Section 14).
3. Using Habla Tabla
Subject to these Terms, we give you a limited, non-exclusive, non-transferable right to use the Service for teaching, learning, onboarding, training and meeting, including within your organization. You may not resell or sublicense the Service, get around its limits, or use it to build a competing product.
The Service, its software, 3D worlds, characters, designs, sounds, starter lessons and quiz questions, documentation and branding belong to us or our licensors; your content does not. Do not copy or reverse engineer the Service or remove its notices, except where the law allows.
Habla Tabla is free during its pilot. We may introduce paid plans or features later. We will tell hosts at least 30 days before anything they use starts to cost money, and nothing is charged without your agreement to the price at the time.
If you send us feedback or suggestions, we may use them without any obligation to you.
4. Your content
You keep the rights you have in what you add to Habla Tabla: lessons, quiz questions, pictures, logos, island names and welcome text, schedules, things built and whiteboard drawings. Adding someone else's material does not give you their rights.
You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display your content as needed to run, secure and support the Service for you and the people you let into your spaces, and to comply with law. This includes backups and the AI processing you request. Our service providers may do this work for us. The license ends when you delete the content, except for the limited copies our Privacy Policy describes.
Spaces are not public: people reach them with the link or code you share. Anyone with that link or code can enter, so share it only with the people you mean to invite, and remove people or make a new space if it gets out. We do not use your spaces or content to promote Habla Tabla without your permission. We do not sell your content or use it to train AI models.
You are responsible for your content and for having the rights and permissions it needs. Other people's content and conduct are their responsibility, not ours. We may remove content that breaks the law or these Terms; we will tell you why where we can, and you can reply to ask us to reconsider.
5. Chat, voice, webcams and screen sharing
People in a space can talk by chat and, where the space allows, by voice, webcam and screen sharing with those nearby. Voice, video and shared screens go directly between participants' browsers (or through a relay that cannot read them) and are not recorded or stored by us. Chat is passed on to the people in the space and not stored, except the few messages attached to a report.
- Do not record, screenshot or share other people's voice, video or messages without their permission and any consent the law or your school requires.
- Hosts can pause, mute and remove people and see reports in the dashboard. We do not monitor spaces in real time, and Habla Tabla is not an emergency service: if someone is in danger, contact the local emergency services and the responsible school or organization.
- School spaces filter chat to set phrases unless the school turns on free typing; typed chat has strong words masked. No filter catches everything.
6. AI features
The AI lesson writer and builder, when available, send the topic or request a host types to a third-party AI provider. Results may be inaccurate, incomplete, unsuitable for your learners or similar to what others receive. Review them before you use them; they are not professional or educational advice. Do not include personal information about learners in AI requests. To the extent the law allows, we do not warrant that results are original or non-infringing.
Features labelled beta or experimental may change, stop working or be removed at any time, and carry no availability or support commitment.
7. Acceptable use
You must not use the Service, or let others use your account or spaces, to:
- Break the law or infringe intellectual property, privacy or other rights.
- Bully, threaten, harass, groom or exploit anyone, especially children, or contact children for any purpose other than the education the space is for.
- Share sexual content, graphic violence, hate, or content that promotes self-harm or illegal activity.
- Collect or share personal information about other people, especially children, such as addresses, phone numbers, social media handles or photos, without the authority to do so.
- Impersonate Habla Tabla, our staff, a teacher or another person, or send spam or fraudulent messages.
- Guess join codes, enter spaces you were not invited to, or get around host controls, removals or rate limits.
- Upload malware, probe or disrupt the Service, or gain unauthorized access to it or to other people's accounts.
- Use bots, scripts or scraping except through features we provide or with our written permission.
We can suspend access immediately, without notice, for a serious violation of this section. You must comply with U.S. sanctions and export laws that apply to you. We may restrict or close an account where those laws require it.
8. The pilot, changes, suspension and closure
We may change, add or remove features. We may suspend access or remove affected content for a material breach, fraud, a security threat, unlawful use or a legal requirement. Where we reasonably can, we will explain why and give you a chance to fix a problem that can be fixed. We may close accounts for serious or repeated violations, or when the reason for a suspension is not resolved.
If we close your account for a reason other than a breach of these Terms, we will tell you in advance where we can and give you a chance to export your learners' progress. If we decide to shut Habla Tabla down, we will give at least 30 days' notice.
Keep your own copies of anything you need: you can download each space's progress as a spreadsheet. We do not promise custom migration or indefinite storage. There is no service-level agreement unless we sign one with you.
9. Copyright complaints
We respond to copyright complaints under the U.S. Digital Millennium Copyright Act. Our Copyright Policy explains how to send a complaint or a counter-notice and gives our designated agent's contact details. We may forward complaints and counter-notices, including contact information, to the other party. We terminate repeat infringers' accounts in appropriate circumstances. Do not send knowingly false complaints.
10. Disclaimers and limitation of liability
In these Terms, "Protected Parties" means KONSTANTLY, LLC, its affiliates, licensors and service providers, and their members, managers, officers, employees and agents.
Hosts and their organizations, not us, are responsible for supervising learners, for what is taught in their spaces and for their learners' conduct. Starter lessons, quiz questions and AI results are offered as a starting point; check them before you rely on them.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND AI RESULTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE, OR THAT ANY CONTENT OR CONDUCT OF OTHER USERS WILL BE APPROPRIATE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROTECTED PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. THIS INCLUDES CONSEQUENTIAL LOSSES FROM INTERRUPTIONS, LOSS OF USE, OR LOSS OR CORRUPTION OF DATA, EVEN IF WE WERE ADVISED THAT SUCH LOSSES WERE POSSIBLE.
THE PROTECTED PARTIES' TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, TAKEN TOGETHER, WILL NOT EXCEED THE GREATER OF US $100 AND THE FEES YOU PAID US FOR HABLA TABLA IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR, WHERE THERE ARE SEVERAL CLAIMS, THE EARLIEST OF THOSE EVENTS, NET OF REFUNDS APPLIED TO THOSE FEES BEFORE THAT EVENT. THIS IS ONE LIMIT FOR ALL CLAIMS, NOT A LIMIT PER CLAIM, ACCOUNT OR SPACE. FEES FOR OTHER PRODUCTS OPERATED BY KONSTANTLY, LLC, TAXES AND THIRD-PARTY SERVICES DO NOT COUNT.
THESE EXCLUSIONS AND THIS LIMIT APPLY WHATEVER THE THEORY OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STRICT LIABILITY. THESE EXCLUSIONS AND THIS LIMIT ARE INDEPENDENT OF ANY EXCLUSIVE OR LIMITED REMEDY AND APPLY EVEN IF THAT REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These exclusions and limits do not apply to our gross negligence or willful misconduct, or to liability that law does not permit us to exclude or limit. They do not restrict nonwaivable statutory rights, mandatory rights of data subjects or consumers, regulatory powers, or liability that mandatory data-transfer clauses do not allow the parties to limit.
11. Your responsibility for third-party claims
To the extent the law allows, you will defend and indemnify the Protected Parties against third-party claims, and the resulting losses, settlements, costs and reasonable legal fees, arising from your content, missing rights, authorizations or consents (including those Section 2 describes), infringement or privacy violations by you or people using your account or spaces, or your or their unlawful use of the Service or material breach of these Terms. This does not apply to the extent a claim results from our breach of these Terms, gross negligence or willful misconduct, and it does not limit mandatory consumer protections. Public schools and other public bodies are bound by this section only to the extent their governing law permits.
We will give you prompt notice of the claim; a delay excuses you only to the extent it materially harms the defense. We may take part in the defense with our own counsel at our own expense. A settlement that admits fault by, imposes an obligation on, or does not fully release a Protected Party needs that party's written consent.
12. Virginia law and disputes
These Terms and disputes relating to them or the Service are governed by the laws of the Commonwealth of Virginia, without applying its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE, THE STATE COURTS LOCATED IN THE CITY OF RICHMOND, VIRGINIA, AND, WHERE FEDERAL SUBJECT-MATTER JURISDICTION EXISTS, THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, RICHMOND DIVISION, HAVE EXCLUSIVE JURISDICTION OVER THOSE DISPUTES. YOU AND THE COMPANY CONSENT TO PERSONAL JURISDICTION AND VENUE THERE AND WAIVE INCONVENIENT-FORUM OBJECTIONS TO THE EXTENT PERMITTED BY LAW.
FOR NONCONSUMER CONTRACTS, AN ACTION AGAINST US FOR BREACH OF CONTRACT MUST BE COMMENCED WITHIN ONE YEAR AFTER THE RIGHT OF ACTION ACCRUES OR IT IS BARRED. TO THE EXTENT PERMITTED BY LAW, THE SAME ONE-YEAR PERIOD APPLIES TO ANY OTHER CLAIM AGAINST THE PROTECTED PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, IN TORT OR OTHERWISE. THIS DOES NOT SHORTEN A CONSUMER'S LIMITATIONS PERIOD, OVERRIDE MANDATORY ACCRUAL OR TOLLING RULES, OR LIMIT A CLAIM WHOSE FILING PERIOD CANNOT LAWFULLY BE SHORTENED.
For the one-year deadline above, a consumer contract is a contract with an individual acquiring the Service primarily for personal, family or household purposes. Business or school use does not become a consumer contract solely because an individual accepts these Terms for an organization. Other laws may define consumers differently.
Either party may seek temporary or protective relief from a court with competent jurisdiction to prevent unauthorized access or misuse of confidential information or intellectual property while the merits are resolved in the agreed forum. Nothing here removes mandatory consumer protections, a public body's legally required forum, or a right to bring a claim in local courts that applicable law preserves.
13. Changes to these Terms
We may revise these Terms for future use. We will post the revised version on this page with its date, and tell hosts in the dashboard or by email about changes that matter. Changes take effect on that date, unless the revised version states a later date.
If you do not accept a change, stop using the Service. Continued use after a change takes effect is acceptance to the extent permitted by law; where law requires affirmative acceptance, we will obtain it. Changes do not affect claims or disputes that arose before they took effect, and do not reduce the protections for student data in a signed agreement.
14. General
If you and we sign a separate agreement, including a student data privacy agreement or a data processing agreement, it controls over these Terms for the subject it covers, but it does not change Section 10 unless it says so expressly. Apart from such an agreement, these Terms are the whole agreement between you and us about the Service. Our Privacy Policy describes how we handle data.
We may transfer these Terms to an affiliate, or to a successor in a merger, acquisition or sale of the Service, subject to applicable law and to any commitments we made about student data. You may not transfer your account or these Terms without our written permission.
We are not responsible for delays or failures caused by events beyond our reasonable control. Headings are for convenience only. If we do not enforce part of these Terms, that is not a waiver. If a part is found unenforceable, it will be limited or removed as necessary and the rest stays in effect.
The Protected Parties may rely on the protections these Terms give them; otherwise, no third party has rights under these Terms. Parts that by their nature should continue after your account ends, such as ownership, disclaimers, limits of liability, indemnity and dispute terms, continue.
15. Contact and notices
Questions about Habla Tabla or these Terms: [email protected].
Formal legal notices to KONSTANTLY, LLC: [email protected]. Identify the account and the nature of the notice. This does not replace legally required service of court proceedings. We send notices to the email address on your account, so keep it current. Electronic notices count as written notices to the extent permitted by law.