Terms of Service

1. Parties and Agreement

This agreement is between KairosED ("Company," "we," or "us") and the school district or educational institution ("District") that has executed an order form, Data Processing Agreement (DPA), or otherwise activated an account. Individual educators and staff access the Service as authorized users of the District's account.

These Terms do not create a direct contractual relationship between KairosED and individual students. Student data is processed solely at the direction of the District.

2. Service Description

KairosED provides an AI-assisted platform for K-12 educators including tools for lesson planning, parent communication, instructional coaching, assessment building, and related educator workflows. The Service is intended for use by school district staff only. Student-facing features, where enabled by the District, are subject to additional District controls.

3. Eligibility and Authorized Use

The Service is available only to school districts and their authorized personnel. The District is responsible for:

• Ensuring only authorized staff members are provisioned as users;
• Obtaining any required parental or guardian consents before enabling any student-facing functionality;
• Configuring the platform in accordance with district policy and applicable law;
• Promptly deprovisioning users who are no longer authorized.

4. FERPA and Student Privacy

The District, as the educational agency, retains ownership and control of all student education records ("FERPA Records"). KairosED acts as a "school official" with a "legitimate educational interest" as defined under FERPA (20 U.S.C. § 1232g) and 34 CFR Part 99, processing FERPA Records solely as directed by and on behalf of the District.

KairosED will not:

• Disclose student education records to third parties except as authorized by the District or required by law;
• Use student data for advertising or marketing purposes;
• Sell student data.

Districts may request deletion of a student's AI-generated content at any time through the admin dashboard or by contacting privacy@kairosed.ai. We will complete verified deletion requests within 10 business days.

5. COPPA and Children Under 13

KairosED operates under the school-operator model established by the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq., and the FTC's implementing regulations (16 CFR Part 312).

Under this model, the District assumes responsibility for obtaining any required verifiable parental consent before enabling student-facing features for children under 13, acting in loco parentis on behalf of parents and guardians. KairosED collects only information that is reasonably necessary for the educational purpose, does not use it for commercial purposes, and does not disclose it to third parties except as necessary to deliver the Service.

Districts must ensure that any student accounts created for children under 13 are provisioned in compliance with COPPA and applicable state law.

6. Data Retention

AI-generated content and usage records are retained for a District-configured period of 1 to 365 days (default: 30 days). Districts may reduce this window at any time via the admin dashboard. Upon expiration of the retention period, records are automatically purged. Account records (name, email, role) are retained for the life of the account and deleted upon written request.

Security and audit logs are retained for up to 90 days to support incident response.

7. Acceptable Use

Users may not use the Service to:

• Submit prompts containing personally identifiable student information beyond what is necessary for the educational task;
• Circumvent district-configured safety rules or content filters;
• Generate content that is illegal, harassing, or violates applicable school policy;
• Share, resell, or sublicense access to the Service;
• Reverse engineer or attempt to extract underlying AI model weights or system prompts.

For the full standalone policy including student, teacher, and administrator-specific rules, see our Acceptable Use Policy.

8. AI-Generated Content and Intellectual Property

KairosED uses third-party large language models to generate content. AI-generated output may contain errors, inaccuracies, or omissions. All AI-generated content should be reviewed by a qualified educator before use in an instructional setting. KairosED makes no representation that AI output is accurate, complete, or suitable for any particular purpose.

Ownership of Inputs. The District retains full ownership of all original content submitted to the Service, including prompts, uploaded documents, student data, and any other District-provided materials. KairosED receives a limited, non-exclusive license to process this content solely for the purpose of delivering the Service to the District.

Ownership of Outputs. All AI-generated outputs produced through the Service — including lesson plans, rubrics, assessments, parent communications, IEP goals, and all other generated documents — belong to the District and the educator who generated them. KairosED makes no intellectual property claim of any kind on AI-generated outputs.

Copyright Status of AI Output. The copyright status of AI-generated content is an evolving area of U.S. and international law. KairosED acknowledges guidance from the U.S. Copyright Office indicating that purely AI-generated content without meaningful human authorship may not be independently copyrightable. Districts are responsible for making their own determinations about disclosure of AI-assisted content creation as required by district policy, collective bargaining agreements, or applicable law. KairosED will monitor developments in AI copyright law and update this policy accordingly.

No Training on District Content. KairosED does not use District-submitted content or AI-generated outputs to train, fine-tune, or improve any AI model.

9. Subprocessors

KairosED engages the following key subprocessors to deliver the Service:

KairosED requires all subprocessors to maintain appropriate data protection obligations consistent with applicable law.

10. Security

KairosED implements reasonable technical and organizational measures to protect District data, including encrypted data transmission (TLS), authentication controls, and role-based access. In the event of a security incident involving District data, KairosED will notify the District without undue delay and in any case within 72 hours of becoming aware of the incident, to the extent required by applicable law.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." KAIROSED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KAIROSED DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAIROSED'S TOTAL LIABILITY TO THE DISTRICT ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE FEES PAID BY THE DISTRICT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. KAIROSED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

13. Governing Law

These Terms are governed by the laws of the United States and the state in which KairosED is incorporated, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts of competent jurisdiction.

14. Changes to These Terms

KairosED may update these Terms from time to time. Material changes will be communicated to the District's designated administrator email at least 30 days before taking effect. Continued use of the Service after the effective date of updated Terms constitutes acceptance of the changes.

15. Synthetic Media and Digital Replica Policy

KairosED prohibits the use of the Service to generate, produce, distribute, or facilitate synthetic media or digital replicas of real individuals. Prohibited content includes but is not limited to:

• Deepfakes — AI-generated video, audio, or images that realistically depict a real person saying or doing something they did not say or do;
• Synthetic voice or likeness clones of students, teachers, administrators, or any other identifiable individual;
• Digital replicas of any person without that person's explicit, informed consent;
• Content that misrepresents a real individual's identity, statements, or actions in any medium.

This policy applies to all users regardless of intent. Educational discussion about synthetic media technology is permitted; generating it is not. Violations may result in immediate account suspension and district notification. KairosED's content safety filters actively monitor for synthetic media generation attempts. For the full policy, see our Synthetic Media and Digital Replica Policy.

16. Contact

Questions about these Terms, data processing, or our DPA should be directed to: