1. Acceptance of Terms
Welcome to AI Analytics Services ("AI Analytics," "we," "us," or "our"). By accessing or using our adaptive learning platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.
These Terms constitute a legally binding agreement between you (and, if applicable, the organization you represent) and AI Analytics Services.
2. Description of Service
AI Analytics is an adaptive learning platform that uses artificial intelligence to deliver personalized educational experiences. Our Service provides:
- Adaptive Assessments: Question selection that adapts based on learner confidence and correctness
- Knowledge Gap Identification: Detection of areas where learners need improvement
- Predictable Human Error (PHE) Detection: Identification of situations where learners believe they know material but answer incorrectly
- Personalized Learning Paths: Customized content delivery based on individual proficiency levels
- Progress Tracking: Real-time dashboards showing learning progress and time to mastery
- Analytics and Reporting: Comprehensive insights on learner performance and course effectiveness
- Administrative Tools: Organization and course management capabilities
3. License Models
3.1 SaaS Subscription
Our Software-as-a-Service (SaaS) model provides:
- Cloud-hosted platform access
- Automatic updates and maintenance
- Recurring subscription fees based on usage or number of users
- Continuous support and service improvements
3.2 Perpetual License
Our perpetual license model provides:
- One-time licensing fee for ongoing use
- Installation on your infrastructure (where available)
- Optional maintenance and support agreements
- Upgrade options as new versions become available
3.3 Partner Agreements
We leverage strategic partnerships to deliver, support, and promote our training software. Partner-specific terms may apply and will be outlined in separate partnership agreements.
4. User Accounts and Organization Structure
4.1 Account Types
AI Analytics supports two primary user roles:
- Administrators: Manage organization settings, create courses, assign learners, and view analytics
- Learners: Access assigned courses, complete assessments, and track personal progress
4.2 Account Registration
To use the Service, you must:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access or security breaches
4.3 Organization Accounts
Organizations purchase and manage access for their users. Organization administrators are responsible for:
- Managing user accounts within their organization
- Ensuring compliance with these Terms by their users
- Maintaining accurate billing and contact information
- Data management and retention within their organization
5. User Responsibilities and Acceptable Use
5.1 Learner Responsibilities
As a learner, you agree to:
- Provide honest and accurate responses to assessments
- Report genuine confidence levels to ensure effective adaptive learning
- Complete courses and assessments in good faith
- Use the platform for legitimate educational purposes only
5.2 Prohibited Activities
You may not:
- Attempt to circumvent assessment systems or manipulate results
- Share account credentials or allow unauthorized access
- Reverse engineer, decompile, or attempt to extract source code
- Use automated tools to access or interact with the Service
- Upload malicious code, viruses, or harmful content
- Interfere with or disrupt the Service or servers
- Access data or accounts that you are not authorized to access
- Use the Service for any illegal or unauthorized purpose
- Violate any applicable laws or regulations
6. Intellectual Property Rights
6.1 Platform Ownership
AI Analytics and its licensors own all rights, title, and interest in the Service, including all software, algorithms, designs, graphics, text, and other content. These Terms do not grant you any rights to our trademarks, logos, or other brand features.
6.2 Course Content Ownership
Organizations and course creators retain ownership of the content they create and upload to the platform, including:
- Questions and assessment materials
- Learning content and resources
- Course structure and materials
By uploading content, you grant AI Analytics a license to host, display, and process that content solely for the purpose of providing the Service.
6.3 Learner Data
Assessment responses, learning progress, and personal data remain the property of the learner and their organization. We do not claim ownership of learner-generated data.
7. Data Ownership and Usage
7.1 Your Data
Organizations own all data created by their users, including:
- Course content and materials
- Learner assessment responses
- Progress tracking data
- Analytics and reports
7.2 Aggregated Data
We may collect and use aggregated, anonymized data for:
- Platform improvement and optimization
- Research and development
- Industry benchmarking (with identifiable information removed)
7.3 Data Security
We implement organization-based data isolation through Row Level Security (RLS) policies, ensuring that data from different organizations cannot be accessed across organizational boundaries.
8. Payment and Billing
8.1 Fees
Fees for the Service are based on your chosen license model (SaaS subscription or perpetual license) and will be specified in your agreement or purchase order.
8.2 Payment Terms
- SaaS Subscriptions: Billed monthly or annually, due at the beginning of each billing period
- Perpetual Licenses: One-time payment due upon purchase or as specified in agreement
- Late payments may result in service suspension or termination
- All fees are non-refundable unless otherwise stated
8.3 Price Changes
We may change our pricing with at least 30 days' notice for new billing periods. Continued use of the Service after a price change constitutes acceptance of the new pricing.
9. Service Availability and Support
9.1 Uptime
We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be unavailable during:
- Scheduled maintenance (announced in advance when possible)
- Emergency maintenance or security updates
- Events beyond our control (force majeure)
9.2 Support
Support services vary by license type and may be outlined in separate support agreements. Standard support includes:
- Email support for technical issues
- Documentation and help resources
- Bug fixes and security patches
9.3 Service Modifications
We reserve the right to modify, update, or discontinue features of the Service. We will provide reasonable notice for significant changes that negatively impact functionality.
10. Limitation of Liability and Disclaimers
10.1 Educational Tool Disclaimer
AI Analytics is an educational technology tool designed to enhance learning experiences. It is not a substitute for:
- Professional judgment or expert instruction
- Formal certification or accreditation (unless explicitly stated)
- Compliance training verification (unless certified for that purpose)
Organizations and learners are responsible for verifying that completed courses meet their specific requirements.
10.2 Service "As Is"
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AI ANALYTICS SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Service interruptions or data loss
- Actions or inactions of users or third parties
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.
10.4 Indemnification
You agree to indemnify and hold harmless AI Analytics from claims, damages, and expenses arising from:
- Your violation of these Terms
- Your use of the Service
- Your content or materials uploaded to the platform
- Your infringement of third-party rights
11. Termination
11.1 Termination by You
You may terminate your account at any time by:
- Contacting your organization administrator (for learners)
- Providing written notice to AI Analytics (for organizations)
- Following the account closure process in your settings
11.2 Termination by Us
We may suspend or terminate your access if:
- You violate these Terms
- Your account remains unpaid after the grace period
- Your use poses a security or legal risk
- Required by law or legal process
11.3 Effects of Termination
- Your access to the Service will be terminated
- Data retention follows our Privacy Policy
- You remain liable for any outstanding fees
- Provisions that should survive termination (including intellectual property, liability, and indemnification) will continue to apply
12. Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.
13. Modifications to Terms
We may update these Terms from time to time. Changes will be effective:
- Immediately upon posting for minor clarifications
- 30 days after notice for material changes
We will notify you of material changes via:
- Email to your registered address
- Prominent notice on the platform
- Updated "Last Updated" date on this page
Your continued use after changes constitutes acceptance. If you disagree with changes, you must discontinue use of the Service.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where AI Analytics Services is established, without regard to conflict of law principles.
14.2 Dispute Resolution
In the event of any dispute arising from these Terms or your use of the Service:
- Parties agree to first attempt resolution through good-faith negotiation
- If negotiation fails, disputes may be resolved through binding arbitration
- Each party retains the right to seek injunctive relief in court for intellectual property or confidentiality breaches
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and AI Analytics regarding the Service.
15.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
15.3 Waiver
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
15.4 Assignment
You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
15.5 Force Majeure
Neither party shall be liable for failure to perform due to circumstances beyond their reasonable control, including natural disasters, war, terrorism, pandemics, or internet service failures.
Acknowledgment: By using AI Analytics, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.