Terms of Service

1. Description of Services & Educational Disclaimer

SpecialED AI provides assistive generative software to help educators, therapists, and administrators draft educational goals, accommodations, lesson adaptations, and documentation frameworks.

• Professional Judgment Required: SpecialED AI is a supportive drafting tool. It does not provide legal advice, medical advice, psychological evaluations, or formal diagnostic determinations.
• Mandatory Review: The user retains full responsibility for reviewing, modifying, verifying, and approving all AI-generated content before using it in any binding Individualized Education Program (IEP), Section 504 Plan, Behavior Intervention Plan (BIP), or official administrative filing.
• Compliance: You are solely responsible for ensuring that all final educational documents comply with federal, state, and local requirements, including the Individuals with Disabilities Education Act (IDEA).

2. Eligibility and Account Responsibilities

• You must be at least 18 years old or the age of legal majority in your jurisdiction.
• You agree to provide accurate and complete registration information.
• You are responsible for safeguarding your login credentials and for all activities that occur under your account. Notify us immediately of any unauthorized account access.

3. Acceptable Use and Data Handling

You agree not to use the Services to:

• Upload data in violation of school district policies, state privacy statutes, or federal privacy frameworks (including FERPA).
• Input identifiable, highly sensitive student personal health identifiers (PHI) where an anonymized reference (such as "Student A" or initials) suffices.
• Reverse-engineer, decompile, or copy the underlying codebase, architecture, or algorithmic outputs of the Services.
• Circumvent rate limits, security protocols, or access barriers.
• Use outputs to build or train a competing automated special education drafting service.
• Submit abusive, unlawful, harassing, or defamatory text.

4. Intellectual Property and Content Ownership

• User Input & Generated Content: As between you and SpecialED AI, you retain ownership of the input data you provide. To the extent permitted by law, you own the documentation outputs generated through your prompts, subject to your compliance with these Terms.
• License to Us: You grant SpecialED AI a non-exclusive, worldwide, royalty-free license to host, process, and transmit your input and output strictly as needed to deliver, maintain, and support the Services.
• Our Proprietary Rights: The SpecialED AI name, logo, software interface, workflow templates, software code, and documentation remain the exclusive intellectual property of SpecialED AI and its licensors.

5. Subscriptions, Payments, and Cancellations

• Billing: Paid tiers are billed on a recurring subscription basis (monthly or annually) according to the pricing schedule presented at purchase.
• Cancellations: You may cancel your subscription at any time via your account settings. Cancellations take effect at the conclusion of the current billing cycle.
• Refunds: Payments are non-refundable unless required by applicable law or explicitly stated in writing at the time of purchase.

6. Termination and Suspension

We reserve the right to suspend or terminate your access to the Services immediately, with or without notice, if you breach these Terms, misuse the platform, or create potential legal liability for SpecialED AI or educational institutions.

7. Warranty Disclaimer

THE SERVICES AND ALL GENERATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR EDUCATIONAL PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT GUARANTEE THAT GENERATED CONTENT WILL MEET FORMAL AUDIT STANDARDS, SATISFY STATE COMPLIANCE METRICS, OR RUN ERROR-FREE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPECIALED AI, ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES—INCLUDING LOSS OF DATA, REGULATORY FINES, LITIGATION COSTS, OR DISRUPTIONS—ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO SPECIALED AI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless SpecialED AI, its officers, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your violation of these Terms.
• Your violation of FERPA or third-party privacy rights.
• Your implementation or dissemination of AI-generated content in formal educational or administrative records without independent verification.

10. Modifications to Terms

We reserve the right to update these Terms at any time. When modifications are made, we will update the "Last Updated" date at the top of this document. Continued use of the Services following posted updates signifies your acceptance of the revised Terms.

11. Contact Information

For questions regarding these Terms of Service or to resolve an inquiry regarding the Services, please contact:

SpecialED AI Support

Email: contentcraftaiapp@gmail.com