Terms of Service
Last Updated: 10/06/2024
Welcome to Lupin Learn ("Lupin Learn"). We provide teachers and school staff (together,
“Educators”) with online access to generative artificial intelligence tools through our
website, browser extensions, and other services (collectively our "Services"). Our Services
are designed to save you time and support student success!
If you are a teacher,
school, school district or other educational institution (“Educational Institution”) that uses
our student-facing Services such as Lupin Learn Student (“Student-Facing Services”) for an
educational purpose, then the use of the Student-Facing Services is subject to our Student Data Privacy Addendum. For all Student-Facing Services, the Student Data Privacy Addendum is incorporated herein by reference unless your Educational Institution has entered into a
separate agreement with us that includes reasonably equivalent protections with regard to
student data.
Your rights to use the Services:
You may visit
our website at any time, but to use our other online Services you must be at least 18 years of
age and create an account providing your name, email, other requested information, and your
selected password.
If you an Educator accessing or using the Services,
including the Student-Facing Services, on behalf of an Educational Institution, you represent
and warrant that you have sufficient authority to enter into these Terms and the Student Data Privacy Addendum with us on behalf of your Educational Institution. If you make the Student-Facing Services
available to students under the age of 13, you represent and warrant that you have the
authority to provide Lupin Learn consent to collect personal information from students for the
purpose of providing the Student-Facing Services to you for educational purposes, and that you
have provided all such notices as may be required to parents and legal guardians regarding the
students’ use of online services, if any. We recommend you provide a copy of our Student Data Policy to parents and guardians. If you are a student under 18 who uses the Student-Facing Services
through your Educational Institution, then your use of the Services is governed by your
Educational Institution and may be subject to additional policies, rules or restrictions
imposed by such Educational Institution.
Your account is for your personal use
only, and you may not transfer your account to anyone else or permit others to use your
account. You are responsible for any activity or misuse associated with your account that
results from your failure to protect your password.
By agreeing to these Terms and
creating an account, Lupin Learn grants you a limited non-exclusive right to access and use
the Services we make available through your account on a month-to-month basis, to be used only
for your own work as an Educator. This right continues until either you or we terminate this
agreement.
Your responsibilities when using AI-generated content:
Output created by our artificial intelligence tools assist Educators, 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 stops at late 2023 for non-internet connected tools, so keep that in mind when
dealing with recent topics.
4. Protect Privacy. If you are an Educator using our
Student-Facing Services and your Educational Institution has entered into a Student Data
Privacy Addendum or similar agreement with us, then your students are permitted to enter their
name when using those Student-Facing Services directly. Otherwise, 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.
Prohibited uses of the Services:
You may not use the Services in a manner that:
1. Infringes or
violates the intellectual property rights, rights of personality, 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, 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 an Educator, 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.
A violation of any of the foregoing is grounds for termination of your
right to use or access the Services.
Data privacy protection:
Lupin Learn takes data privacy protection very seriously. For the current Lupin Learn
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 click here.
Please note that we do NOT collect or process personally identifiable
information of students or their parents and guardians unless you are using our Student-Facing
Services and have entered into and your Educational Institution has entered into a Student
Data Privacy Addendum or similar agreement with us.
For more information on how we
comply with applicable data protection laws in the U.S. and elsewhere, please see our Privacy Policy.
To the extent you use the Student-Facing Services, Lupin Learn 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). Because we
provide the Student-Facing Services at the direction, and subject to the control, of an
Educational Institution, we rely on each Educational Institution to provide consent for Lupin
Learn to collect personal information from students, as permitted by COPPA. If you are a
parent, guardian, or teacher and believe that your child or student has provided Lupin Learn
with personally identifiable information without appropriate consent by you and/or your
child’s Educational Institution, please notify info@lupinlearn.org so that we can promptly
delete the information from our servers.
If you have a question or request
regarding your personal information, please contact us at info@lupinlearn.org, or you may
write to us at our address listed below.
Rights regarding use of content you provide:
If you choose to post any messages or other content in areas of the Services that are
designed for public display or communication with other users (such as public profiles,
bulletin boards, forums, or chat areas), you are responsible for ensuring that you own or
otherwise have the rights to post such material.
Further, by posting such
material you are granting us a right that will survive any termination of these Terms and your
use of the Services to continue to reproduce and use such material to improve our Services
worldwide.
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 on thirty (30) days prior notice, 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.
Links to Third-Party Sites/Third-Party Services:
The Lupin Learn website may contain links to other websites ("Linked Sites"), such as
for YouTube videos. Please note that Lupin Learn 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 Lupin Learn is not responsible for the
content on Linked Sites.
Warranty disclaimer and limitation of liability:
Warranty Disclaimer. Given the nature of generative artificial intelligence, neither
Lupin Learn nor its licensors or suppliers make any representations or warranties concerning
any content contained in, generated by, or accessed through the Services. THE SERVICES AND
CONTENT ARE PROVIDED BY Lupin Learn (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS,
WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
(SUCH AS OF INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS OR RIGHTS OF PERSONALITY), OR THAT
USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, CONTRACT,
STRICT LIABILITY, OR OTHERWISE) SHALL Lupin Learn (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO
YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOST
TIME, LOSS OF DATA, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100
OR (II) THE AMOUNTS PAID BY YOU TO Lupin Learn IN CONNECTION WITH THE SERVICES IN THE TWELVE
(12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification:
You agree to indemnify, defend, and hold
harmless Lupin Learn, its officers, directors, employees, agents, and third parties from and
against any and all losses, costs, liabilities, and expenses (including reasonable attorney's
fees) arising out of or related to your violation of these Terms, including any prohibited use
of the Services, or your violation of any intellectual property rights, privacy rights or
rights of personality. Lupin Learn reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you, in
which event you will fully cooperate with Lupin Learn in asserting any available defenses.
Acknowledgement for state school systems:
If you are agreeing to
these Terms on behalf of a state school or institution, Lupin Learn 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.
Governing law; mandatory arbitration of disputes:
These Terms shall be
governed by the laws of the State of Washington without regard to conflicts of laws
provisions, save for applicable federal law such as the Federal Arbitration Act.
Any controversy or claim arising out of or relating to these Terms, or the breach
thereof, shall be settled by arbitration administered by the American Arbitration Association
and the International Centre for Dispute Resolution in accordance with its applicable Consumer
Arbitration Rules www.adr.org, and judgment on the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction thereof. YOU AND WE AGREE TO WAIVE THE RIGHT TO A
JURY TRIAL, AND ALSO THE RIGHT TO PROCEED IN A REPRESENTATIVE OR CLASS ACTION MANNER, AND
CLAIMS WILL BE HEARD ON AN INDIVIDUAL BASIS ONLY BY A QUALIFIED ARBITRATOR.
The
arbitration will be based on the submission of documents and there shall be no in-person or
oral hearing unless so ordered by the arbitrator. The arbitrator will have no authority to
award punitive or other damages not measured by the prevailing party's actual damages, except
as may be required by statute. The arbitrator shall not award consequential damages in any
arbitration initiated under this section. Except as may be required by law, neither a party
nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder
without the prior written consent of both parties.
Contact us:
You may contact us by email at info@lupinlearn.org.