Khanmigo (Khan Academy)

" 10.3.3. User-Generated Content . You (and your authorized Users) may provide input (including summary, text, instructions, or other content you make available) to any AI-Enabled Feature (“ Input ”) and receive output (" Output ") generated by any AI-Enabled Feature. Input and Output are collectively "AI Content" and constitute User Content under these Terms. You are solely responsible for the Input that you and your authorized Users provide and for the use of Output by you and your authorized Users. Authorized Users should be aware that AI-Enabled Features may make mistakes. You and your authorized Users are responsible for conducting human review of Outputs and double-checking Outputs with reputable sources to confirm that such Outputs are accurate, lawful and otherwise appropriate before relying on them. You acknowledge that Output may not be unique and may not be protectable under copyright or other intellectual property law. Khan Academy reserves the right, but does not have any obligation, in the exercise of its reasonable judgement, to determine whether any AI Content violates our Prohibited Conduct terms, and can refuse, remove, or edit such AI Content, and may remove access to any AI-Enabled Feature at any time to the full extent permitted by applicable law, for non-compliance with these Terms. 10.3.4. School Use . School Personnel should apply their judgment and discretion, and their school policies regarding use of AI in use of all AI-Enabled Features. "

" Services to you and your authorized to evaluate service provider offerings we use or could use to provide AI-Enabled Features, and to develop and improve our Services in accordance with Applicable Law and Khan Academy's Privacy Policy . "

" offered “as-is”; (c) participation in an Evaluation Service is subject to these Terms and any additional terms Khan Academy may specify; (d) Betas are still under development, may be inoperable or incomplete and are likely to contain errors or bugs; (e) Betas may never become generally available; (f) Khan Academy may charge a fee for an Evaluation Service, with notice to authorized Users; (g) Khan Academy does not commit to maintaining any Betas and may change or remove Betas at any time; (h) Khan Academy is not obligated to provide support for Evaluation Services and (i) Khan Academy is not responsible for authorized Users' reliance on Evaluation Services. "

" 16.2. AI-Enabled Features . YOU ACKNOWLEDGE AND AGREE THAT OUTPUT FROM KHANMIGO OR OTHER AI-ENABLED FEATURES MAY INCLUDE ERRORS (INCLUDING WITHOUT LIMITATION MATH ERRORS), MAY REFLECT BIASED, INCOMPLETE OR INCORRECT INFORMATION, MAY PROVIDE OBJECTIONABLE OR OFFENSIVE RESPONSES, MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED, AND HAVE OTHER LIMITATIONS. YOU SHOULD NOT RELY ON THE FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY. OUTPUT MAY APPEAR ACCURATE DUE TO ITS DETAIL OR SPECIFICITY BUT CONTAIN MATERIAL INACCURACIES. 16.3. Limitations by Applicable Law . SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION."

"The Licensed Educational Content and Licensed Educational Code are intended for personal, non-commercial use only. Without limiting the foregoing, and notwithstanding the terms of any Alternate License for such Licensed Educational Content, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by Khan Academy."

"- for any commercial use or purpose unless expressly permitted by Khan Academy in writing; the Services are intended for personal, non-commercial use only;"

" These cookies are used on a limited basis, only on pages directed to adults (teachers, donors, or parents). We use these cookies to inform our own digital marketing and help us connect with people who are interested in our Service and our mission. We do not use cookies to serve third party ads on our Service."

"AI-Enabled Features are not intended as a substitute for human judgement in performance evaluations. School Personnel should not rely solely (nor predominantly) on AI-Enabled Features to make consequential decisions about a Student or School Personnel. 10.3.5. Supervising Child and Student Use . Any use of AI-Enabled Features by persons under age 18 must be supervised by an authorized adult User (their Parent, teacher or other School Personnel). Each account held by a Student or minor with access to AI-Enabled Features must be associated with an account held by an authorized teacher or other School Personnel (in the case of School Accounts) or by a Parent (in the case of personal accounts). 10.3.6. Privacy Guidance . AI-Enabled Features enable Users to interact with a “large language model” (commonly referred to as an “ LLM ”), an AI tool developed and maintained by one or more third-party LLM developers. While AI-Enabled Features place some constraints on use of the underlying model, such constraints are still, and will continue to be, in development and cannot be relied upon to screen User queries or filter responses that are returned to users. The AI-Enabled Features are not intended to be used to process proprietary or personally identifiable information. YOU ARE ADVISED NOT TO (AND YOU MUST INSTRUCT YOUR AUTHORIZED USERS NOT TO) INCLUDE ANY PROPRIETARY OR PERSONALLY IDENTIFIABLE INFORMATION IN INPUTS SUBMITTED TO ANY AI-ENABLED FEATURE. "

" 17.1. Limitation of Liability . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE KHAN ACADEMY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING (i) TO THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR THE KHAN ACADEMY OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH KHAN ACADEMY OR ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE KHAN ACADEMY OFFERINGS, INCLUDING OTHER USERS, EVEN IF KHAN ACADEMY OR A KHAN ACADEMY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE KHAN ACADEMY PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 17.2. Limitation of Damages . IN NO EVENT WILL THE KHAN ACADEMY PARTIES' TOTAL AGGREGATE LIABILITY TO YOU, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS, YOUR USE OF ANY KHAN ACADEMY OFFERING, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF ACTUAL AMOUNT PAID BY YOU TO KHAN ACADEMY, IF ANY, DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100). "

"IN NO EVENT WILL THE KHAN ACADEMY PARTIES' TOTAL AGGREGATE LIABILITY TO YOU, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS, YOUR USE OF ANY KHAN ACADEMY OFFERING, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF ACTUAL AMOUNT PAID BY YOU TO KHAN ACADEMY, IF ANY, DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100). FOR CLARITY, IF YOU ARE ACCESSING THE SERVICES FOR SCHOOL USE OR ON BEHALF OF AN INSTITUTION, THIS AGGREGATE CAP ON LIABILITY WILL BE MEASURED BY THE AMOUNT PAID BY YOUR SCHOOL OR INSTITUTION TO KHAN ACADEMY IN THE PRECEDING TWELVE MONTHS (OR SIMPLY ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENT), AND APPLIES TO ALL DAMAGES, LOSSES AND CAUSES OF ACTION SUFFERED BY YOU, YOUR SCHOOL, OR INSTITUTION, AND ALL OTHER USERS FROM YOUR SCHOOL OR INSTITUTION, COLLECTIVELY."

"Khan Academy takes great care to protect the personal information you provide to us. We do not sell your personal information to third parties. This section explains circumstances in which we may disclose personal information with third parties."

"The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render Khan Academy in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Law. 4.2. Location of Data Processing . Khan Academy operates the Services in the United States. If you access our Services from outside the United States, you acknowledge and agree that your information, including your personal information and user-generated content, will be collected, transferred, stored, and processed in the United States, where data protection laws may differ from those in your jurisdiction. This transfer is necessary to provide the Services to you in accordance with our Terms of Service. 4.3. Additional Consumer Rights May Apply . If you habitually reside outside the United States of America, you may have additional or different rights under applicable laws. For example, if you habitually reside in the European Union, the United Kingdom, or Australia, mandatory statutory consumer protection regulations in your country of residence may contain protections that are more beneficial for you. Where this is the case, statutory protections provided to you under the applicable laws of your jurisdiction of habitual residence shall apply to you, irrespective of the choice of California law in our Terms or any conflicting provision of these Terms. Specifically, you may have additional or different rights under local law regarding resolution of Disputes (as defined in Section 18 below). "

"The one-year period begins when the events giving rise to the Dispute first occur, except that the period is tolled during the 60-day Notice of Dispute process described above. If a Dispute is not filed within one year, it is permanently barred. 18.4.9. Venue . In the event that any Dispute cannot be resolved by binding arbitration in accordance with this Section 18.4 (Dispute Resolution and Arbitration), you agree that such Dispute will be filed only in the state or federal courts in and for Santa Clara County, California, and each of you and Khan Academy hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, Khan Academy shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction. 18.5. Severability . If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. 18.6. Assignment . The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Khan Academy’s prior written consent, but may be assigned by Khan Academy without consent or any restriction. "

"PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING [ARBITRATION PROVISION](https://www.khanacademy.org/about/docs/khan-academy-terms-of-service#_heading=h.xu2c7iumlb8e), INCLUDING A CLASS ACTION WAIVER. BY AGREEING TO BINDING ARBITRATION, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION."

"4.3. Additional Consumer Rights May Apply. If you habitually reside outside the United States of America, you may have additional or different rights under applicable laws. For example, if you habitually reside in the European Union, the United Kingdom, or Australia, mandatory statutory consumer protection regulations in your country of residence may contain protections that are more beneficial for you. Where this is the case, statutory protections provided to you under the applicable laws of your jurisdiction of habitual residence shall apply to you, irrespective of the choice of California law in our Terms or any conflicting provision of these Terms. Specifically, you may have additional or different rights under local law regarding resolution of Disputes (as defined in Section 18 below). You may have a right to file a Dispute before the competent court of your place of habitual residence or through a competent alternative dispute resolution mechanism such as the European Union’s [Online Dispute Resolution Platform](https://ec.europa.eu/consumers/odr/main/?event=main.home2.show) or any mechanism it may be replaced by in the future. To the extent required by applicable law, the binding arbitration clause of our Terms will not apply and any proceeding to enforce these Terms against you as a consumer must be brought in the courts of the jurisdiction in your habitual residence. In addition, contractual limitations of liability may be disregarded under applicable consumer rights laws in some jurisdictions, including in the European Union. "

"18.4.4. Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Khan Academy will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. You may file a Dispute only on your own behalf and cannot seek relief that would affect other Users. If there is a final judicial determination that any particular Dispute cannot be arbitrated in accordance with the limitations of this Section 18.4 (Dispute Resolution and Arbitration), then only that Dispute may be severed and brought in court. All other Disputes remain subject to this Section 18.4 (Dispute Resolution and Arbitration)."

"18.4.8. Filing Period. To the extent permitted by law, any Dispute under these Terms must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the events giving rise to the Dispute first occur, except that the period is tolled during the 60-day Notice of Dispute process described above. If a Dispute is not filed within one year, it is permanently barred."

"3.3.1. Identification of School Accounts. Students and School Personnel may have personal accounts, in addition to accounts established for use in the classroom and associated with the Institution's use of the Services (" **School Accounts**"). If the Institution has a separate written service agreement with Khan Academy that includes rostering services for your Institution, accounts provided for classroom use will be designated as School Accounts. In other cases, in order for accounts established for use in the classroom to be designated as “School Accounts," the accounts must be (1) created by School Personnel (for example, when a teacher creates the user name, login and password to establish School Accounts, or when the teacher rosters a class using Google Classroom, Clever, ClassLink, or similar Integrated Service, as defined in Section 10.1 (Integrated Service) below (to the extent we support use of such Integrated Service)), or (2) created by a Student User at the direction of School Personnel, in each case, using a school email address and associated with a school’s class on the Service. User accounts created with a personal email address will not be considered School Accounts, and will be administered as personal accounts. If you have questions about how to create School Accounts that are associated with a school's class on the Service, please [contact our customer support team](https://support.khanacademy.org/hc/en-us/requests/new)."