Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Superlearn ("Company," "we," "us," or "our") governing your access to and use of XAM, an AI-native assessment workspace for teachers (the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all users, including educators, administrators, and any other individuals who access or use the Service.

2. Description of Service

XAM is a cloud-based platform that enables educators to create, manage, and deliver assessments, including tests, quizzes, and assignments. The Service includes:

• Visual test builder for creating assessments
• AI-assisted question generation and content creation
• Flexible grading and rubric tools
• Student assessment delivery and tracking
• Collaboration features for teams
• Analytics and reporting capabilities

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to:

• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or use of your account
• Accept responsibility for all activities under your account
• Not share your account credentials with others
• Use the Service only for lawful purposes

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms or for any other reason we deem necessary to protect the Service or other users.

4. Acceptable Use

4.1 Permitted Uses

You may use the Service only for lawful educational purposes, including:

• Creating and managing educational assessments
• Delivering assessments to students
• Grading and providing feedback on student work
• Collaborating with other educators
• Analyzing assessment results and student performance

4.2 Prohibited Uses

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Upload, transmit, or distribute any content that is harmful, offensive, defamatory, or violates intellectual property rights
• Attempt to gain unauthorized access to the Service or its related systems
• Interfere with or disrupt the Service or servers connected to the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or redistribute the Service without our written permission
• Use the Service to create assessments that promote discrimination, harassment, or illegal activities
• Collect or harvest information about other users without their consent

5. User Content and Intellectual Property

5.1 Your Content

You retain ownership of all content you create, upload, or submit to the Service ("User Content"), including assessments, questions, rubrics, and student data. By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, and process your User Content solely for the purpose of providing and improving the Service.

5.2 Our Intellectual Property

The Service, including its software, design, features, and functionality, is owned by Superlearn and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

5.3 AI-Generated Content

Content generated using our AI features may be based on training data from various sources. While you own the content you create, AI-generated content may not be eligible for copyright protection in some jurisdictions. We make no warranties regarding the originality or uniqueness of AI-generated content.

5.4 Third-Party Content

The Service may contain content from third parties, including AI services provided by OpenAI. Such content is subject to the respective third parties' terms and conditions.

6. Subscriptions and Payments

6.1 Subscription Plans

We offer various subscription plans with different features and pricing. Current plans include Starter, Scale, and Enterprise tiers. Subscription fees are billed monthly or annually as specified in your chosen plan.

6.2 Payment Processing

Payments are processed securely through Polar.sh. By subscribing, you agree to pay all fees associated with your subscription plan. All fees are non-refundable except as required by law or as otherwise specified in these Terms.

6.3 Billing and Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period.

6.4 Price Changes

We reserve the right to modify subscription prices at any time. We will provide at least 30 days' notice of any price increases. Price changes will apply to your next billing cycle after the notice period.

6.5 Refunds

Subscription fees are generally non-refundable. However, we may provide refunds at our sole discretion in exceptional circumstances. If you believe you are entitled to a refund, please contact us.

7. Student Data and Privacy

If you use the Service to collect, store, or process student information, you are responsible for:

• Complying with all applicable privacy laws, including FERPA and COPPA
• Obtaining necessary consents from students, parents, or guardians
• Ensuring student data is used only for educational purposes
• Maintaining appropriate security measures for student information
• Providing students and parents with access to their data as required by law

We act as a data processor for student information you provide. You remain the data controller and are responsible for compliance with applicable privacy laws.

8. Service Availability and Modifications

We strive to provide reliable service but do not guarantee that the Service will be available at all times or free from errors, interruptions, or security issues. We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time
• Perform maintenance that may temporarily interrupt service
• Update features, functionality, or user interfaces
• Impose usage limits or restrictions

We will make reasonable efforts to notify you of significant service interruptions or changes that may affect your use of the Service.

9. Disclaimers and Limitations of Liability

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9.2 AI-Generated Content

AI-generated content is provided for assistance only. You are responsible for reviewing, editing, and verifying all AI-generated content before use. We do not guarantee the accuracy, completeness, or appropriateness of AI-generated content.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Superlearn, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Your handling of student data

11. Termination

Either party may terminate these Terms at any time. You may terminate by canceling your account and discontinuing use of the Service. We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including violation of these Terms.

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and User Content, subject to our data retention policies
• You remain responsible for any fees incurred before termination
• Provisions that by their nature should survive termination will remain in effect

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Superlearn operates, without regard to its conflict of law provisions.

Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of a recognized arbitration organization, except where prohibited by law. You waive any right to participate in a class-action lawsuit or class-wide arbitration.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and may cancel your account.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations hereunder without restriction.

14.5 Contact Information

If you have any questions about these Terms, please contact us at:

Superlearn
Support Email: support@superlearn.cc
Legal Email: legal@superlearn.com
Website: https://superlearn.cc