Learnosity Author Aide Freemium User Terms
Author Aide. Author Aide is an optional feature that can be used to generate questions and other content using artificial intelligence and machine learning technologies (“Author Aide”). These terms and conditions (“Terms”) apply to your use of Author Aide. Any conflict between these Terms and the license agreement in place between Learnosity and its customer organization with which you are affiliated (“License Agreement”) shall be resolved in favor of these Terms with respect to Author Aide.
License Grant. Learnosity and its licensors exclusively own all right, title and interest in and to Author Aide, including all associated intellectual property rights. Learnosity grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use Author Aide, subject to compliance with these Terms. Author Aide is currently provided to you free of charge subject to maximum permitted usage volumes set by Learnosity. Learnosity may at any time terminate your access to Author Aide with or without notice or cause and/or make Author Aide a paid-only feature. Any paid access to Author Aide shall not be subject to these Terms but rather to an amendment to the License Agreement. You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, display, transmit and/or translate the Input and Output (each as defined below) to provide Author Aide and/or in accordance with these Terms.
Content. Author Aide can be used to generate questions and other content (“Output”) which is based on the data processed in or through Author Aide (“Input”)(Output and Input collectively, “Content”). You are responsible for ensuring Content complies with applicable laws and these Terms.
As between the parties and to the extent permitted by applicable law, the organization with which you are associated owns all Input. You are solely responsible for your collection and use of Input. You must not submit any Input that includes trademarks or other materials protected by third-party intellectual property rights or contains personal data or other sensitive data.
Learnosity cannot guarantee the accuracy of Output and it is your responsibility to evaluate the accuracy of all Output, including through human review. You are solely responsible for the creation and use of the Output. Due to the nature of Generative AI technology, Output may not be unique and may generate the same or similar output for others. The Output may not be protectable by intellectual property rights and Learnosity provides no representation or warranty, express or implied, related to intellectual property rights or other rights in Output. The License Agreement provisions with respect to ownership of Licensee Data do not apply to Output.
Acceptable Use. You agree that you will not and you will not allow any other person to: (a) use Author Aide in a way that infringes, misappropriates or violates any third party rights; (b) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of Author Aide (except to the extent such restrictions are contrary to applicable law); (c) use Author Aide in a manner that violates any technical documentation, usage guidelines or parameters; (d) use Author Aide to make automated decisions that may have detrimental impact on individuals without appropriate human supervision.
Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of Author Aide, including your Content and your breach of these Terms or violation of applicable law.
No Warranties. AUTHOR AIDE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LEARNOSITY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE IN TRADE.
LEARNOSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF AUTHOR AIDE, OR THE INFORMATION, TEXT, AND CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE INPUT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED TO, THROUGH OR BY AUTHOR AIDE. LEARNOSITY CANNOT GUARANTEE THAT THE INPUT AND OUTPUT WILL NOT BECOME KNOWN OR USED BY THIRD PARTIES OR THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. LEARNOSITY WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF AUTHOR AIDE OR ANY ERRORS OR OMISSIONS CONTAINED IN THE CONTENT. DO NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENT FACT-CHECKING.
Liability Limitation. YOU ASSUME ALL RISKS, COSTS AND EXPENSES ASSOCIATED WITH USE OF AUTHOR AIDE. NEITHER LEARNOSITY NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF LEARNOSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF LEARNOSITY UNDER THESE TERMS SHALL NOT EXCEED THE LOWER OF (I) ONE HUNDRED DOLLARS ($100); OR (II) THE FEES PAID IN CONSIDERATION OF AUTHOR AIDE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ANY SERVICE LEVEL AGREEMENTS AND INDEMNITIES IN THE LICENSE AGREEMENT ARE NOT APPLICABLE WITH RESPECT TO AUTHOR AIDE.
Feedback. You may provide feedback regarding Author Aide to Learnosity (“Feedback”). If you do provide Feedback, Learnosity may use it without restriction or compensation to you. Learnosity may monitor how you use Author Aide and use that information to improve Author Aide or other products or services and for internal analysis purposes.
Terms Updates. We may, in our sole discretion, update these Terms from time to time. Your continued use of Author Aide after any such change constitutes your acceptance of any modifications.
Personal Data. Any personal data about you that you provide to Learnosity for the purposes of using Author Aide will be processed in accordance with the License Agreement.
Final Provisions. All provisions of these Terms which by their nature ought to survive termination of these Terms shall so survive. This license may not be assigned by you. These Terms create no partnership or joint venture and the parties are independent contractors. These Terms constitute the entire agreement with respect to your present use of Author Aide. These Terms are governed by the law of New York (excluding its conflicts of laws rules) and the courts of New York City, New York have exclusive jurisdiction with respect to any disputes. If any provision of these Terms is held invalid or unenforceable, such provision will be construed so as to be enforceable to the maximum extent permitted by law and the remaining provisions will remain in full force and effect. The waiver of any breach or default will not constitute a waiver of any other right hereunder or of any subsequent breach or default.