Terms of Use
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Updated: 04/04/2024
Welcome to WorksheetsAI Inc.. WorksheetsAI Inc. enables you to create educational materials through our application. Prior to use, we require that you read and accept all of the terms and conditions in, and linked to, these Terms of Use (hereafter, the “Terms of Use”)
Your Acceptance of WorksheetsAI Inc.’s Terms of Use
These Terms of Use will govern your use of the WorksheetsAI Inc. tablet application (the “Application”, “App”, or “Licensed Application”), the worksheets.ai website (the “Website), and all other services provided by WorksheetsAI Inc. (collectively, the “Services”).
These Terms of Use set forth the terms and conditions of use of the Services in addition to those set forth in Apple’s standard EULA as part of the App Store’s Terms of Service. These Terms of Use may be modified by WorksheetsAI Inc. in its sole discretion from time to time and such modifications shall automatically become part of the Terms of Use and shall be effective once posted by WorksheetsAI Inc. on the worksheets.ai website. Your use of the Services will be subject to any such modifications. You should review the Website and these Terms of Use from time to time for any modifications.
YOU UNDERSTAND THAT BY USING THE WEBSITE, THE APPLICATION, AND/OR THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE’S WEBSITE, APPLICATIONS, OR SERVICES.
Your Use of the Website
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any WorksheetsAI Inc. server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Site, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of WorksheetsAI Inc., including any WorksheetsAI Inc. account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or WorksheetsAI Inc.’s systems or networks, or any systems or networks connected to the Website or the App.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of WorksheetsAI Inc. or any third parties.
Communications
By signing up for the Services, you consent to receive email communications from WorksheetsAI Inc.. If you make changes to your contact information, you are responsible for updating your account. You can opt-out of marketing communications from us at any time. If you opt-out of marketing communications, you may still receive communications that are necessary for the Services or otherwise exempt from anti-spam laws. By opting out of communications from WorksheetsAI Inc., you acknowledge that this may impact your use of the Services.
Your responsibilities when using AI-generated content:
Output created by our artificial intelligence tools assists teachers and school staff, but by no means replaces your professional skills and judgment. It is imperative that you review content generated by our Services and revise it to ensure it is appropriate for use. This includes, but is not limited to, the following considerations:
1. Use the "80-20" approach. View AI-generated content as a starting point to create draft materials (roughly 80% of the way there) that you then complete with your professional review and revisions for the last 20% of the effort.
2. Check for bias and accuracy. AI can occasionally produce biased, fictitious, or otherwise incorrect content. Generative AI models are not databases of knowledge, but rather an attempt to synthesize information the model has been trained on. Always double-check for bias and accuracy before sharing output with students or others.
3. Know the limits of AI. Our AI engine's knowledge in terms of historical events or developments is limited, so keep that in mind when dealing with topics.
4. Protect Privacy. Please do not include any personally identifiable information such as names, addresses, or other contact information about students, parents, or others in information you provide to our Services for processing. You may be violating applicable law and/or your school's policies in doing so and it may result in the suspension or termination of your account.
Terminating Services
You may terminate use of the Services at any time by deleting your account from the Profiles Setting pages. We may terminate your use of the Services at any time, provided that we may immediately suspend or terminate your use of the Services without notice for a material breach of these Terms.
Provisions of these Terms that by their nature should survive termination will survive any termination of the Services.
Changes to the Website
WorksheetsAI Inc. reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to WorksheetsAI Inc., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without WorksheetsAI Inc.’s express prior written consent or the use of the Pro+ plan once the trial has been completed.
Links to Third Party Sites/ Third Party Services
The WorksheetsAI Inc. website may contain links to other websites ("Linked Sites"), such as YouTube videos, social media, and other tools. Please note that WorksheetsAI Inc. has no control over the content of these Linked Sites, including any links within them or any changes or updates made to them. The inclusion of these links is solely for your convenience, and it does not imply endorsement or association with the operators of those sites, and WorksheetsAI Inc. is not responsible for the content on Linked Sites.
By using these third-party services/links you agree, understand and acknowledge the following:
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That we are not responsible for the content or accuracy of any third-party services or websites and that we do not endorse or sponsor any third-party services or websites;
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We are not responsible for any loss or damage that may result from your use or reliance on any third-party services or websites;
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We are not responsible for any errors or omissions in the information provided by any third-party services or websites;
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We are not responsible for any security breaches or other issues that may arise from your use of third-party services or websites;
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That the terms of services and privacy policies of any third-party services or websites will govern your use of those services and that we are not responsible for any violations of those terms of service or privacy policies.
User-Generated Content
User-Generated Content includes anything you upload to, store on, or transmit through the Website, and other data, documents, photos, and video. WorksheetsAI Inc. does not claim ownership of User-Generated Content. Your content remains your content, and you are responsible for it. We do not control, verify, pay for, or endorse the User-Generated Content that you and others make available on the Services. WorksheetsAI Inc. does not attest to the accuracy of any User-Generated Content available on the Website, and you rely on the information conveyed in such User-Generated Content at your own risk.
Additionally, you will not upload, store, or transmit any User-Generated Content that infringes the copyright, trademark, trade dress, or other intellectual property of a third party on the Website. WorksheetsAI Inc. disclaims liability for any such activity by the user that may infringe third-party intellectual property, and you further agree to indemnify WorksheetsAI Inc. for any and all harm resultant from such activity.
Prohibited uses of the Services:
You may not use the Services in a manner that:
1. Infringes or violates the intellectual property rights, data privacy, or any other legal rights of any person;
2. Violates applicable law, regulations, or the policies of your organization;
3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, offensive, pornographic, vulgar or otherwise objectionable;
4. Violates posted content restrictions for publicly accessible information areas, such as public profiles, bulletin boards, forums, or chat areas;
5. Is inconsistent with use in your position as a teacher or school staff member, such as using the Services to create or offer commercial products or services;
6. Jeopardizes the security of your account or anyone else's (such as allowing someone else to log in to the Services as you);
7. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
8. Threatens the security of any computer network, or cracks any passwords or security encryption codes;
9. Runs processes that execute or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure or by introducing viruses or other malware into our systems);
10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services except as expressly permitted by law;
11. Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
12. Is violent or threatening or promotes violence or actions that are threatening to any person or entity;
13. Is inappropriate for the classroom or violates applicable school or school district policies.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
We are not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Copyright Complaints
WorksheetsAI Inc. does not permit copyright infringing activities and infringement of any other intellectual property rights on the App [and Site], and will remove all Content if properly notified that such Content infringes on another's intellectual property rights. WorksheetsAI Inc. reserves the right to remove Content without prior notice.
If you are a copyright owner or an agent thereof and believe in good faith that any materials on the App [or Site] infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by sending the following information in writing to WorksheetsAI Inc.’s designated copyright agent at hey@worksheets.ai.
• Your name and electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• A description of the copyrighted work that you claim has been infringed. If this notice covers multiple copyrighted works, you may provide a representative list of the copyrighted works that you claim have been infringed;
• A description of the material that you claim is infringing (or to be the subject of infringing activity) and information reasonably sufficient to permit us to locate the material;
• Information sufficient to contact you, including your mailing address, telephone number, and, if available, email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the owner, or agent thereof, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
• Your full legal name and your electronic or physical signature.
If you believe that your content that has been removed from the App [or Site] does not infringe or that you have the authorization from the copyright owner, you may send a counter-notice to WorksheetsAI Inc.. To do so, send the following information to our copyright agent using the contact information set forth above.
• A description of the material that has been removed and the location at which the content appeared before it was removed;
• A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content;
• Information sufficient to contact you, including your mailing address, telephone number, and, if available, email address;
• A statement that you will consent to the jurisdiction of the federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which WorksheetsAI Inc. may be found;
• A statement that you will accept service of process from the person who provided the notification of the alleged infringement; and
• Your full legal name and your electronic or physical signature.
If a counter-notice is received by WorksheetsAI Inc.’s copyright agent, WorksheetsAI Inc. may send a copy of the counter-notice to the original complaining party informing such person that WorksheetsAI Inc. may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may, at WorksheetsAI Inc.’s discretion, be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
Data Privacy Protections
WorksheetsAI Inc. takes data privacy protection very seriously. For the current WorksheetsAI Inc. Privacy Policy, including a description of what information we collect, how we use it, and your rights with respect to personally identifiable information we process, please view our privacy policy in the “About” page.
Please note that we do NOT collect or process personally identifiable information of students or their parents and guardians. The only personally identifiable information our Services collect or process is that of the individual adult teachers and school staff who create login accounts to use the Services.
For more information on how we comply with applicable data protection laws in the U.S. and elsewhere, please see our Privacy Policy.
WorksheetsAI Inc. complies with (and facilitates compliance with) applicable law, including the Family Educational Rights and Privacy Act (FERPA) and Children's Online Privacy Protection Act (COPPA). We rely on consent by the user as the basis for collecting this information. If you are a parent, guardian, or teacher and believe that your child or student under the age of 16 has provided WorksheetsAI Inc. with personally identifiable information without your consent, please notify hey@worksheets.ai so that we can promptly delete the information from our servers.
Application Licensed Solely for Personal Use
You understand and agree that the WorksheetsAI Inc. application and website content is licensed to you solely for your personal, non-commercial use. Usage of the application or website content for corporate or commercial purposes without an explicit commercial license from WorksheetsAI Inc. is prohibited and constitutes both copyright and patent infringement.
Acknowledgement of State School Systems
If you are agreeing to these Terms on behalf of a state school or institution, WorksheetsAI Inc. acknowledges that mandatory state law may limit or supersede certain terms and conditions and agrees that such state law will control over any conflicting provisions of these Terms.
Subscriptions and Payment
Users have the option of purchasing a subscription (“Subscription”) to use the Services.
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If you purchase a Subscription (a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms.
Payments are managed on the Website through the use of a third-party payment-processing provider. In accordance with the “DISCLAIMERS” subsection within these Terms of Use, WorksheetsAI Inc. disclaims itself from any and all liability that may ensue from your use of the payment processing services.
Subscriptions.
If you purchase a Subscription, you will be charged the Subscription fee weekly, monthly, or yearly, depending on the plan you’ve chosen, plus any applicable taxes and other charges (“Subscription Fee”) at the beginning of your Subscription and each month thereafter at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE WorksheetsAI Inc. TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW.
If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or WorksheetsAI Inc.. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
Canceling Your Subscription.
YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction.
Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period.
YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION.
To cancel, please do so on https://app.worksheets.ai by clicking your profile at the top left, manage subscription, and then click “cancel”.. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the features included in your Subscription will continue until the end of your then-current Subscription period and will then terminate without further charges.
Disclaimers
WorksheetsAI Inc. DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, APPLICATION, SERVICE OR FEATURE ACCESSED THROUGH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE APPLICATION, THE SERVICES, THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WorksheetsAI Inc. CANNOT ENSURE THAT THE APPLICATION, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WorksheetsAI Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WorksheetsAI Inc. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE, THE APPLICATION, AND/OR ANY WorksheetsAI Inc. SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION, THE SERVICES, AND THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST WorksheetsAI Inc. FOR DISSATISFACTION WITH THE APPLICATION, THE SERVICES, THE WEBSITE OR ANY CONTENT IS TO STOP USING THE APPLICATION, SERVICES, WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
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IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Changes to these terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide advance notice prior to any new terms taking effect.
By continuing to access or use Services after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, you can no longer use the Services.
Indemnity
You will indemnify and hold our officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use, your improper use of WorksheetsAI Inc.’s Website, applications, or services, and/or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use.
Choice of Law
These Terms of Use and our provision of Services to you shall be governed by the laws—state, federal, or otherwise—applicable in the State of California, without giving effect to conflicts of law principles.
Forum of Dispute
Any dispute arising from or relating to these Terms of Use, the Website, the Application, or our provision of Services to you must be initiated and resolved in a court of competent jurisdiction in the State of California. If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion.
Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements.
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Severability
In the event that a provision of these Terms of Use is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms of Use will remain in force as though they had not originally included the unenforceable provision.
If two or more Terms of Use provisions are deemed to conflict with each other's operation, WorksheetsAI Inc. shall have the sole right to elect which provision remains in force.
Contacting WorksheetsAI Inc.
If you have any questions about these Terms of Use, or about WorksheetsAI Inc.’s Website, Application, or Services, please contact us at: