Terms of Service

1. Acceptance of Terms

By accessing or using ESA Max ("the Service") at esamax.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

ESA Max is an independent tool and is not affiliated with, endorsed by, or operated by the Arizona Department of Education (ADE), ClassWallet, or any other government agency or financial institution.

2. Description of Service

ESA Max provides tools to help Arizona homeschooling families organize and manage their Empowerment Scholarship Account (ESA) funds, including:

• AI-powered purchase allowability guidance
• Curriculum generation and documentation tools
• Budget and expense tracking
• ClassWallet-formatted invoice generation
• Document storage and audit preparation tools

3. Important Disclaimer — Not Legal or Official Advice

The allowability determinations provided by ESA Max are based on publicly available ADE rules and guidelines as of the current school year. ESA rules change annually. You are solely responsible for verifying the allowability of any purchase with the current ADE ESA Handbook and ClassWallet guidelines before making a purchase or submitting a Direct Pay request.

ESA Max is not responsible for any purchases that are subsequently deemed unallowable by ADE, any funds you are required to repay to ADE, or any audit findings or penalties.

4. User Accounts

To access most features of ESA Max, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

You must provide accurate and complete information when creating your account and household profile. You agree not to create accounts for others without their permission.

5. Acceptable Use

You agree to use ESA Max only for lawful purposes. You agree not to:

• Use the Service to generate fraudulent invoices or documentation
• Attempt to circumvent or abuse the free demo rate limiting
• Reverse engineer, scrape, or systematically extract data from the Service
• Use the Service in any way that violates applicable laws or regulations
• Impersonate any person or entity or misrepresent your affiliation
• Upload malicious files or content to the Audit Vault

6. AI-Generated Content

ESA Max uses AI to generate allowability assessments, curriculum outlines, and other content. AI-generated content may contain errors, omissions, or outdated information. You acknowledge that:

• AI outputs are guidance only and not official determinations
• You should independently verify all AI-generated content before relying on it
• Curriculum outlines generated by AI are starting points and should be reviewed for accuracy
• ESA Max is not liable for decisions made based on AI-generated content

7. Intellectual Property

The ESA Max platform, including its design, code, and proprietary content, is owned by ESA Max and protected by applicable intellectual property laws. You retain ownership of all content you upload or create within the Service (receipts, documents, curriculum notes, etc.).

By uploading content to ESA Max, you grant us a limited license to store, display, and process that content solely for the purpose of providing the Service to you.

8. Limitation of Liability

To the maximum extent permitted by law, ESA Max and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• ESA funds you are required to repay due to unallowable purchases
• Audit findings or penalties from ADE
• Rejected ClassWallet invoices or Direct Pay requests
• Loss of data due to technical failures
• Any reliance on AI-generated guidance

Our total liability to you for any claim arising from use of the Service shall not exceed the amount you paid to ESA Max in the 12 months preceding the claim.

9. Service Availability

We strive to maintain high availability of ESA Max but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue the Service at any time with reasonable notice. We are not liable for any disruption to your use of the Service.

10. Modifications to Terms

We reserve the right to update these Terms at any time. Material changes will be communicated via email or in-app notification. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

11. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved in the courts of Maricopa County, Arizona.

12. Contact

For questions about these Terms, please contact us at: