Terms of Service

1.1“Account Holder” means the adult in whose name a studio is established. “Student” means the learner whom an Account Holder invites into a studio. “School” means a school, school district, charter school, county office of education, or an educational facilitator acting for one. “Content” means material created, uploaded or generated within a studio.

2.1The Service is a software subscription affording an adult educator the means to author courses, conduct lessons and assess the work of one Student with the assistance of artificial intelligence.

2.2The Service does not enrol Students, does not confer academic credit, does not issue records of academic standing, and assumes no responsibility for a Student’s programme of instruction. Determining what a Student is to learn, and whether any legal obligation is thereby discharged, rests with the parent, guardian or School and not with us.

2.3The Service affords no supervision or custodial care of any minor. No person engaged by us observes, minds or assumes responsibility for a Student at any time.

3.1An Account Holder must be at least eighteen years of age and competent to contract. One studio serves one Student, who may be a minor and who is admitted only by invitation of the Account Holder.

3.2By inviting a Student, the Account Holder represents that they are the Student’s parent or legal guardian, or that they hold the permission of that person, or of the School responsible for the Student, to admit the Student to the studio and to have the Student’s work processed as described in the Privacy Policy.

3.3The Account Holder is responsible for all activity within the studio, including that of the Student, and for maintaining the confidentiality of authentication credentials.

4.1A trial subscription runs for fourteen days, includes a limited allowance of model generations, and requires no payment instrument. On expiry the studio ceases to function; Content is retained for thirty days and thereafter permanently deleted.

4.2Paid subscriptions are billed monthly in advance through our payment processor and renew automatically until cancelled. Prices are displayed before purchase.

4.3Each plan includes a monthly allowance of model usage. Usage in excess of that allowance is billed at the rates displayed at checkout and within billing settings.

4.4An Account Holder may cancel at any time from billing settings. Cancellation takes effect at the conclusion of the paid period. Fees are not apportioned for part-periods and no cancellation charge is imposed.

4.5Fees paid are non-refundable save where applicable law requires otherwise or where the Service has failed to perform as described and we have been unable to remedy the failure.

4.6We shall give not less than thirty days’ notice by email before a change in price takes effect, and the Account Holder may cancel before that date.

5.1Where a School procures or funds a subscription, including by purchase order drawn against a family’s instructional funds, these Terms continue to apply and the School is responsible for the fees to which it has committed.

5.2We make no representation that any School will approve or fund a subscription. That determination rests with the School. Where a School declines, the subscription subsists between us and the person who established it.

5.3Where a School requires its own data-protection agreement, that agreement governs the processing of Student information to the extent of any inconsistency with these Terms.

6.1The Service employs artificial intelligence to draft lesson pages, plan courses, tutor Students, propose feedback and propose marks. Model output may be inaccurate, incomplete or unsuited to a particular Student, and is to be reviewed by the Account Holder before it is put before a Student.

6.2A mark proposed by a model is recorded where only the Account Holder may see it. It becomes the Student’s mark upon that person’s save and not before. The Service is not to be used as though it assessed Students autonomously.

6.3The Account Holder shall not rely upon model output alone in reaching a decision of consequence to a Student, including as to promotion, placement, credit or eligibility.

6.4The Student-facing tutor is constrained in the actions it may take and the material it may read. No such constraint is absolute. The Account Holder may review the conversation and is expected to do so.

7.1The Service shall not be used to: contravene any law or infringe the rights of any person; upload material in which the uploader holds no right; produce or solicit sexual material involving a minor, material sexualising a Student, harassment, or material promoting self-harm, violence or hatred; produce material intended to deceive, including impersonation, fabricated records, or work presented as a Student’s own when it is not; obtain the records of another studio; circumvent the limits imposed on the artificial-intelligence features; probe the security of the Service; resell the Service or employ it to furnish a competing service; or introduce sensitive personal information, including medical, financial or government-issued identifiers, into Content or the artificial-intelligence features.

7.2Use of the Service must additionally comply with the acceptable-use policies of the model providers on which it relies, as those policies stand from time to time.

7.3We may suspend a studio in breach of this Section and shall state the ground of suspension.

8.1Where a Student completes a module or course to the standard the Account Holder has set, the Service may issue a signed completion credential bearing a public verification address.

8.2A credential records what a Student did within a studio, upon the assessment of the Account Holder. It confers no academic credit and no qualification, and no school, institution or authority is under any obligation to recognise it. Standards identified upon a credential describe the alignment of the course and are not a representation that any authority has certified the work.

9.1As between the parties, Content remains the property of the Account Holder. The Account Holder grants us a non-exclusive licence to host, store, reproduce, transmit and display Content solely to the extent required to operate the Service for that Account Holder, terminable upon deletion of the Content or closure of the account.

9.2We do not train models on Content, and we contract with providers whose terms prohibit the use of material submitted through their interfaces for model training.

9.3As between the parties, output generated within a studio is available to the Account Holder for the purposes of their instruction. Comparable output may be generated for other users, and such output may not attract copyright protection; no exclusivity is represented or implied.

9.4The Service, its software, interface, name and marks remain our property. Nothing in these Terms transfers any right in them.

10.1We shall use reasonable endeavours to keep the Service available but do not undertake that it will be uninterrupted or error-free. We may modify or discontinue features, and shall give reasonable notice before withdrawing a feature of material significance.

10.2An Account Holder may terminate at any time by cancelling and closing the studio. We may suspend or terminate an account upon breach of these Terms, upon non-payment, or where required by law, in each case upon notice save where the breach requires immediate action.

10.3Upon termination, Content is deleted as described in the Privacy Policy. The Account Holder should export any Content they wish to retain before termination takes effect.

11.1EXCEPT AS EXPRESSLY PROVIDED AND TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT MODEL OUTPUT WILL BE ACCURATE, COMPLETE OR SUITABLE FOR ANY STUDENT.

11.2TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL; AND OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY THE ACCOUNT HOLDER TO US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3Nothing in these Terms excludes or limits liability which may not lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury resulting from negligence.

12.1The Account Holder shall indemnify us against claims, damages and reasonable costs arising from their use of the Service in breach of these Terms, from material uploaded without right, or from decisions taken in the course of their instruction. This clause does not apply to a claim arising from our own breach or negligence.

13.1We may amend these Terms. Where an amendment materially affects the rights of an Account Holder, we shall give not less than thirty days’ notice by email. Continued use after the amendment takes effect constitutes acceptance; an Account Holder who does not accept may cancel before that date.

14.1These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The state and federal courts situated in California shall have exclusive jurisdiction over any dispute arising out of or relating to them.

14.2Before commencing proceedings, a party shall notify the other in writing and allow thirty days for the matter to be resolved.

15.1These Terms, together with the Privacy Policy, constitute the entire agreement between the parties in respect of the Service and supersede prior understandings. If any provision is held unenforceable, the remainder continues in effect. No failure to enforce a provision operates as a waiver of it. An Account Holder may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets upon notice.

15.2Enquiries concerning these Terms should be addressed to legal@na8ve.ai, and enquiries concerning privacy to privacy@na8ve.ai.