These Terms of Use (“Terms”) are a legally binding agreement between you and EdFill, doing business as EdFill (“EdFill,” “Company,” “we,” “us,” or “our”), governing your access to and use of the EdFill website, application, software, AI-powered educational content tools, assignment tools, export and download tools, account features, subscription plans, credit system, student-facing features, integrations, and related services (collectively, the “Service”).
For purposes of these Terms:
“you” and “your” mean the individual accessing or using the Service and, if applicable, the school, district, company, organization, institution, parent, guardian, or other legal entity on whose behalf the individual is using the Service.
“School” means a school, school district, educational institution, homeschool organization, tutoring organization, teacher, administrator, parent, guardian, or other authorized educational organization or adult that provides, assigns, administers, supervises, or controls access to the Service for students.
“Student User” means a student, child, minor, learner, or other individual who accesses or uses the Service under the direction, authorization, control, or supervision of a School, parent, guardian, educator, tutor, or other authorized adult.
“Student Data” means personal information, education records, student account information, student identifiers, roster information, assignment responses, grades, performance data, progress data, classroom data, or other information directly related to an identifiable Student User that is provided to EdFill by or on behalf of a School, parent, guardian, educator, tutor, or authorized adult.
“Exports and Outputs” means any content, materials, files, documents, worksheets, answer keys, assignments, reports, presentations, downloads, print-ready files, PDFs, Google Docs exports, Google Slides exports, third-party exports, integration-based exports, and any other output formats created, generated, downloaded, exported, shared, assigned, displayed, or made available through the Service.
By creating an account, accessing the Service, clicking “I agree,” purchasing a subscription or credit pack, creating or managing a School account, assigning student access, using student-facing features, or otherwise using EdFill, you agree to these Terms and our Privacy Policy. If you do not agree, do not access or use the Service.
IMPORTANT NOTICE: THESE TERMS INCLUDE DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A MASS ARBITRATION WAIVER, AND A JURY TRIAL WAIVER TO THE MAXIMUM EXTENT PERMITTED BY LAW.
1. THE SERVICE
EdFill is an AI-powered educational content creation and assignment platform that helps educators, tutors, parents, homeschoolers, schools, districts, and other authorized users create, edit, download, export, print, assign, and manage educational materials.
The Service may include AI-assisted content generation, educational material creation, editing, regeneration, assignment features, student-facing activities, answer keys, grading assistance, feedback tools, exports, downloads, third-party integrations, credit-based usage limits, subscriptions, trials, school or district plans, admin tools, and future or beta features.
We may add, remove, suspend, limit, modify, replace, or discontinue any feature, plan, provider, integration, credit rule, pricing structure, AI model, output format, export format, student-facing functionality, or other part of the Service at any time, with or without notice, subject to applicable law and any separate written agreement.
2. ELIGIBILITY AND ACCOUNTS
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an adult account, purchase paid services, manage billing, create a School account, administer student access, or accept these Terms on behalf of an organization.
If you use EdFill on behalf of a School, district, company, tutoring business, homeschool organization, nonprofit, or other entity, you represent and warrant that you have authority to bind that entity and that your use of the Service is authorized and lawful.
EdFill may offer different account types, roles, permissions, and access levels, including individual educator accounts, parent or homeschool accounts, School accounts, district or institutional accounts, Student User accounts, team accounts, and administrator accounts.
Student User accounts may only be created, invited, assigned, authorized, or used under the direction, authorization, control, or supervision of a School, parent, guardian, educator, tutor, or other authorized adult. Student Users may not independently purchase subscriptions, manage billing, create unsupervised adult accounts, or accept these Terms on behalf of themselves unless permitted by applicable law and expressly allowed by EdFill.
If you create, authorize, invite, manage, or allow a Student User to access the Service, you represent and warrant that you have the legal authority to do so and that you have obtained all required notices, consents, approvals, and permissions.
You are responsible for maintaining the confidentiality of account credentials, access methods, invitations, and access codes, and for all activity that occurs under your account. EdFill is not responsible for losses caused by unauthorized access resulting from your failure to secure your account, devices, email, credentials, administrator permissions, invitations, or access methods.
Accounts, credits, licenses, seats, plan benefits, and access rights may not be shared, sold, transferred, assigned, rented, sublicensed, pooled, exchanged, or used by unauthorized users unless EdFill expressly allows otherwise.
EdFill may require verification of School, district, institutional, organizational, educator, administrator, purchasing, or student-access authority at any time. Misrepresenting your identity, role, authority, School affiliation, organization type, purchasing authority, claimed eligibility for a plan, claimed eligibility for a discount, or claimed eligibility for student-facing functionality is a violation of these Terms and may result in suspension, termination, loss of access, forfeiture of credits or fees, refusal of refunds, removal of student access, and any other remedies available to EdFill.
3. PLANS, CREDITS, PAYMENTS, AND BILLING
EdFill may offer free, trial, subscription, credit-based, school, district, institutional, or other paid plans. Certain features may consume credits, usage allowances, or other limits. Credit usage may vary based on feature type, complexity, processing requirements, source material, uploaded files, output length, account type, plan level, enabled functionality, or other factors.
Where we state that “1 credit approximately equals 1 question,” this is an estimate for user understanding, not a guarantee. Actual credit use may vary. Where we state that a worksheet, page, document, presentation, export, or other output may contain a certain number of questions or items, this is also an estimate, not a guarantee. Layout, length, file size, page count, formatting, export behavior, and third-party compatibility may vary.
Subscription credits reset according to your billing cycle and plan. Unless expressly stated otherwise, unused subscription credits do not roll over and expire at the end of the applicable billing period. Credit packs may be non-refundable and may expire after the stated expiration period. Expired credits are forfeited and cannot be restored.
By purchasing a subscription, credit pack, school plan, district plan, license, seat, or paid feature, you authorize EdFill and its payment processor to charge your payment method for all applicable fees, taxes, renewals, and charges. Subscriptions may automatically renew unless canceled before renewal.
You may upgrade, downgrade, change, or cancel your subscription at any time through available account settings or by contacting EdFill, subject to any applicable billing terms. Unless otherwise stated by EdFill, upgrades may take effect immediately and may result in immediate billing adjustments, while downgrades or cancellations generally take effect at the end of the current billing period. Credits, features, usage limits, seats, licenses, and other benefits may be adjusted immediately or at the beginning of the next billing cycle, depending on the type of change, the plan involved, technical limitations, or applicable billing rules. EdFill may modify how upgrades, downgrades, billing adjustments, credits, and plan changes are handled at any time, subject to applicable law.
For School, district, institutional, or organizational accounts purchased by invoice, payment is due as stated on the invoice, order form, purchase order, written agreement, or other purchasing document. If payment is not received when due, EdFill may suspend access, withhold renewals, disable paid features, restrict student access, restrict administrator features, restrict assignment features, and pursue collection. Past-due amounts may accrue late fees to the maximum extent permitted by law, and the account holder is responsible for reasonable collection costs and attorneys’ fees.
ALL PURCHASES ARE FINAL AND NON-REFUNDABLE EXCEPT WHERE REQUIRED BY LAW OR EXPRESSLY STATED BY EDFILL IN WRITING. This includes subscription fees, renewal fees, school licenses, district licenses, seat purchases, credit packs, unused credits, partially used billing periods, promotional purchases, add-ons, and pilot purchases.
Quotes, proposals, custom pricing, discounts, school or district pricing, pilot offers, procurement materials, security responses, and related materials may contain confidential, proprietary, or commercially sensitive information and may not be shared with third parties without EdFill’s written consent unless required by law.
4. USER CONTENT, INPUTS, AND SOURCE MATERIALS
“User Content” means any content, data, prompts, instructions, text, files, images, documents, source materials, answers, questions, metadata, uploads, edits, feedback, assignments, student responses, classroom materials, or other materials you submit, upload, enter, create, store, or provide through the Service.
As between you and EdFill, you retain ownership of your original User Content, subject to the rights granted in these Terms. You grant EdFill a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, process, transmit, display, modify, adapt, create derivative works from, and otherwise use your User Content as necessary or useful to provide, operate, maintain, secure, support, improve, troubleshoot, enforce, and develop the Service; generate, process, display, assign, download, export, or otherwise make available Exports and Outputs; process student activity where enabled; maintain backups, logs, audit records, and business records; comply with law; and enforce these Terms.
You are solely responsible for User Content and for ensuring you have all rights, permissions, licenses, consents, and authority necessary to submit, process, assign, distribute, display, export, and use such User Content.
If you upload, paste, import, scan, or otherwise provide source materials, including documents, images, files, worksheets, textbook excerpts, reading passages, screenshots, web content, or other materials, you represent and warrant that you own the materials or have the legal right to use them; that your use does not violate copyright, trademark, privacy, publicity, contract, school policy, district policy, or other rights; that you have obtained all required permissions and consents; and that the materials do not contain Student Data, confidential information, or sensitive information unless you are authorized to submit it.
You agree not to upload, submit, assign, or include personally identifiable student information, education records, child personal information, medical information, disability information, behavioral records, financial information, Social Security numbers, government ID numbers, or other sensitive personal information unless you have legal authority, required consents, institutional authorization, and responsibility for that submission.
5. STUDENT DATA, SCHOOL RESPONSIBILITY, FERPA, AND COPPA
When EdFill is used through a School account or under School supervision, the School controls Student Data submitted, generated, or maintained through that account, subject to these Terms, the Privacy Policy, any applicable written agreement, user settings, School instructions, technical limitations, and applicable law. As between EdFill and the School, EdFill does not claim ownership of Student Data.
Where applicable, EdFill processes Student Data to provide, maintain, secure, support, improve, and operate the Service for authorized educational purposes. Where FERPA applies and EdFill receives education records from or on behalf of a School, EdFill may act as a “school official” with a legitimate educational interest, under the School’s direction and control, solely for purposes of providing, maintaining, securing, supporting, and improving the Service for authorized educational purposes.
Each School represents and warrants that it has authority to provide or authorize Student User access; has provided all required notices and obtained all required consents; has authority to disclose Student Data to EdFill; has authority to allow EdFill to process Student Data; will configure and use the Service lawfully; and will not provide unnecessary, sensitive, or unauthorized Student Data to EdFill.
If a School, parent, guardian, educator, tutor, or other authorized adult provides access to the Service for a child under 13, that School or authorized adult represents and warrants that it has obtained all required parental, school, institutional, or legal consents and authorizations required by COPPA and other applicable laws before allowing the child to access or use the Service. EdFill does not knowingly allow children under 13 to create independent, unsupervised accounts outside of a School-authorized, parent-authorized, guardian-authorized, or other legally authorized context.
Parents, guardians, and Student Users seeking access to, correction of, export of, or deletion of Student Data connected to a School account should contact the School directly. EdFill will use commercially reasonable efforts to cooperate with verified School instructions, subject to applicable law, security requirements, verification requirements, technical limitations, data retention practices, and any applicable written agreement.
Depending on account type, plan, configuration, enabled features, School instructions, and available functionality, EdFill may use Student Data to provide, operate, maintain, support, and improve the Service; support assignments and student-facing features; authenticate users; manage accounts, classrooms, rosters, roles, permissions, and access; process student responses, submissions, progress, feedback, and related educational activity; provide support; troubleshoot issues; maintain security; prevent fraud; detect abuse; enforce agreements; comply with legal, regulatory, tax, accounting, security, and contractual obligations; maintain backups, logs, audit records, and business records; and use de-identified, anonymized, or aggregated data for lawful purposes, provided such data does not reasonably identify a Student User.
EdFill does not knowingly sell Student Data, use Student Data for targeted advertising to Student Users, build advertising profiles of Student Users, or disclose Student Data except as described in these Terms, the Privacy Policy, an applicable written agreement, user settings, School instructions, or as required or permitted by law.
An authorized School administrator may request deletion of Student Data by contacting privacy@edfill.com. EdFill will use commercially reasonable efforts to delete or de-identify Student Data within a reasonable period, subject to applicable law, technical limitations, security requirements, verification requirements, backup systems, legal retention, dispute resolution, fraud prevention, contractual obligations, and any applicable written agreement. EdFill may retain information where retention is required or permitted for legal compliance, tax or accounting purposes, security, fraud prevention, backups, dispute resolution, agreement enforcement, support records, audit logs, business records, de-identified or aggregated data, or other legitimate business, operational, technical, contractual, or legal purposes.
If EdFill becomes aware of unauthorized access to or disclosure of Student Data maintained by EdFill, EdFill will take steps it determines are reasonable and appropriate under the circumstances. Where required by law or written agreement, EdFill will notify the affected School without unreasonable delay. Unless applicable law or a written agreement requires otherwise, the School is responsible for determining whether notice to parents, students, regulators, or other parties is required.
Certain School, district, state, institutional, or student privacy requirements may require additional terms. EdFill may provide or require a School Agreement, Student Data Privacy Addendum, Data Processing Addendum, state-specific addendum, order form, or similar agreement. If there is a conflict between these Terms and a signed written agreement between EdFill and a School or district, the signed agreement will control to the extent of the conflict.
6. AI-GENERATED OUTPUTS AND USER REVIEW
“Output” means any content generated, suggested, transformed, analyzed, graded, reviewed, formatted, exported, or produced by or through the Service, including Exports and Outputs.
AI-generated or AI-assisted Output may be inaccurate, incomplete, biased, offensive, outdated, inappropriate, misleading, misaligned with standards, unsuitable, or wrong. EdFill does not guarantee that any Output is accurate, complete, safe, lawful, non-infringing, age-appropriate, grade-appropriate, pedagogically sound, curriculum-aligned, standards-aligned, accessible, properly formatted, compatible with any third-party platform, or suitable for any particular student, classroom, School, district, jurisdiction, assessment, or purpose.
You are solely responsible for reviewing, verifying, editing, and approving all Output before using, publishing, printing, exporting, assigning, distributing, displaying, relying on, or submitting it. EdFill is an assistive tool only and is not a substitute for professional judgment, educator review, curriculum expertise, legal advice, accessibility review, child-safety review, special education review, or institutional approval.
AI-generated or AI-assisted answer keys, grading suggestions, scoring assistance, feedback, explanations, and evaluation features may be incorrect or incomplete. You are solely responsible for reviewing and verifying all answer keys, scores, feedback, grading suggestions, and student-facing materials before relying on them for instruction, assessment, grading, placement, discipline, advancement, intervention, or any educational decision.
The Service does not provide legal, medical, psychological, financial, therapeutic, counseling, special education, diagnostic, or other professional advice.
Because AI systems may generate similar content for different users, Output may not be unique, and other users may receive similar or identical outputs. EdFill does not guarantee that Output is protectable by copyright, owned exclusively by you, free of third-party rights, unique, non-infringing, compatible with any specific third-party platform, or suitable for any particular export, integration, or file format.
7. RIGHTS TO GENERATED MATERIALS
Subject to your compliance with these Terms and payment of all applicable fees, EdFill grants you a limited, non-exclusive, non-transferable right to use, copy, modify, download, export, print, assign, display, and distribute Output generated through your account for lawful educational, classroom, tutoring, homeschool, internal School, online assignment, and professional purposes.
You may not resell, redistribute, sublicense, or commercially exploit EdFill-generated materials as a competing service, content library, worksheet marketplace, question bank, training dataset, or bulk content product without our written permission. You may not use the Service or Output to build, train, improve, benchmark, test, or evaluate a competing product or AI system. You may not remove proprietary notices, watermarks, or attribution where your plan does not permit removal, misrepresent AI-generated content where deceptive or unlawful, or use Output in a way that violates law, these Terms, School policies, district policies, third-party platform terms, or third-party rights.
8. EDFILL INTELLECTUAL PROPERTY
The Service, including software, website design, interfaces, workflows, templates, branding, trademarks, logos, graphics, databases, source code, documentation, features, credit system, content organization, proprietary workflows, systems, methods, configurations, rendering technology, generation technology, assignment technology, export technology, and Service functionality, is owned by EdFill or its licensors and is protected by intellectual property and other laws.
Except for the limited rights expressly granted in these Terms, EdFill reserves all rights, title, and interest in and to the Service. You may not copy, modify, reverse engineer, decompile, disassemble, scrape, reproduce, create derivative works from, sell, rent, sublicense, distribute, or otherwise exploit the Service except as expressly permitted by these Terms.
9. ACCEPTABLE USE
You agree not to use the Service to violate any law, regulation, court order, School policy, district policy, contract, or third-party right; generate, upload, assign, distribute, export, or display unlawful, harmful, abusive, harassing, threatening, defamatory, obscene, hateful, discriminatory, exploitative, sexually explicit, violent, extremist, or otherwise objectionable content; harm, exploit, manipulate, or target children, students, or minors; upload Student Data, sensitive data, health data, or confidential information without proper authority; infringe copyright, trademark, privacy, publicity, trade secret, contractual, student privacy, or other rights; upload, transform, reproduce, export, or distribute copyrighted materials without authorization; generate deceptive, fraudulent, misleading, impersonating, phishing, spam, or scam content; reverse engineer, decompile, probe, scan, or test vulnerabilities of the Service; bypass security, authentication, access controls, watermarks, plan limits, credit limits, rate limits, school controls, student permissions, or usage restrictions; overload, disrupt, damage, or impair the Service; access another account, School account, Student User account, data, assignments, files, or content without permission; share, sell, rent, transfer, or sublicense your account, credits, licenses, assignments, exports, or access; use the Service to develop, train, benchmark, test, or improve competing AI, education, assignment, grading, export, or content-generation products; use the Service for high-risk, emergency, safety-critical, legal, medical, therapeutic, or regulated decisions; misrepresent your affiliation with EdFill; or use the Service in any manner we determine, in our sole discretion, to be abusive, harmful, excessive, fraudulent, unlawful, or inconsistent with the purpose of the Service.
10. NO SCRAPING, EXTRACTION, OR MODEL TRAINING
Automated scraping, harvesting, indexing, mining, crawling, bulk downloading, model training, dataset creation, or extraction of content, prompts, outputs, templates, student activity, assignment data, metadata, or Service functionality is prohibited without EdFill’s prior written consent.
You may not use the Service, Output, or any EdFill content to train, fine-tune, test, benchmark, evaluate, or improve any machine learning model, artificial intelligence system, content generation system, educational platform, worksheet generator, assignment tool, export tool, or competing service without our prior written consent.
11. USAGE LIMITS AND FAIR USE
We may impose or modify usage limits, including limits on credits, generated content, assignments, Student Users, seats, classrooms, submissions, regenerations, uploaded material, source-material length, prompt length, downloads, exports, concurrent jobs, rate limits, storage, API usage, automation usage, free-plan usage, beta features, or other functionality.
We may throttle, delay, reject, suspend, or block requests that exceed limits, create excessive cost, create security risk, degrade service performance, or violate these Terms.
12. THIRD-PARTY SERVICES, INTEGRATIONS, AND EXPORTS
The Service may rely on third-party providers, including AI, hosting, infrastructure, analytics, payment, authentication, integration, support, security, export, and processing providers. Third-party providers, subprocessors, integrations, models, hosting locations, availability, features, and data practices may change over time.
If the Service allows integration with third-party services or export to third-party platforms, you authorize EdFill to access, process, store, transmit, format, and exchange information with those services as necessary or useful to provide, maintain, secure, support, and improve the requested integration, export, or related Service functionality.
EdFill does not control and is not responsible for third-party services, third-party outages, errors, policies, acts, omissions, data handling, security incidents, pricing changes, API changes, platform changes, model changes, export issues, compatibility issues, or availability. Third-party terms and privacy policies may apply. You are responsible for ensuring that your use of third-party services, integrations, and exports complies with applicable laws, School policies, district policies, third-party terms, student privacy rules, copyright rules, and required consents.
13. BETA FEATURES, SUPPORT, AND AVAILABILITY
We may offer beta, preview, trial, experimental, or early-access features. Such features may be unstable, incomplete, inaccurate, discontinued, changed, limited, or removed at any time. Beta features are provided “as is” with no warranties and may be subject to additional restrictions.
EdFill may provide support through email, help pages, in-app messages, documentation, or other channels. Support availability, response times, and resolution times are not guaranteed unless expressly stated in a written agreement.
The Service may be interrupted, delayed, unavailable, modified, limited, suspended, or discontinued from time to time due to maintenance, updates, security issues, infrastructure issues, third-party outages, provider changes, high usage, abuse prevention, legal requirements, or other reasons. EdFill does not guarantee uninterrupted, error-free, secure, or continuously available service, or that data will not be lost.
14. SUSPENSION, TERMINATION, AND EXPORTING CONTENT
We may suspend, restrict, disable, or terminate your account, School account, Student User account, administrator access, credits, subscription, licenses, assignments, exports, downloads, or use of the Service at any time, with or without notice, if we believe you violated these Terms, violated law or policy, created risk or liability, used the Service for fraud or abuse, failed to pay, became subject to chargebacks, or if continued service is commercially, technically, legally, or operationally impractical.
You may stop using the Service at any time. Closing your account does not entitle you to refunds or restoration of unused credits.
A School administrator may request termination, deletion, deactivation, or restriction of a School account or Student User account, subject to applicable agreements, billing obligations, retention requirements, legal obligations, School instructions, technical limitations, and data deletion procedures.
Before canceling, downgrading, allowing a subscription to expire, closing an account, ending a School account, or terminating use of the Service, you are responsible for downloading or exporting any Exports and Outputs or other materials you wish to keep. After account expiration, cancellation, suspension, downgrade, or termination, EdFill may limit access to or delete account content according to our Privacy Policy, data retention practices, and any applicable written agreement.
Any provisions that should reasonably survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnification, arbitration, payment obligations, student data obligations, and dispute provisions.
15. COPYRIGHT, DMCA, AND INTELLECTUAL PROPERTY COMPLAINTS
You may not use EdFill to upload, copy, transform, generate, reproduce, distribute, assign, display, export, or create derivative works from copyrighted materials unless you own the materials, have permission, or your use is otherwise permitted by law. This includes textbook passages, commercial worksheets, test questions, publisher materials, images, diagrams, reading passages, articles, online content, and other third-party materials.
If you believe content available through the Service infringes your copyright, you may send a written notice to EdFill’s copyright agent at:
EdFill Copyright Agent
Email: copyright@edfill.com
Your notice should include your physical or electronic signature; identification of the copyrighted work claimed to have been infringed; identification of the allegedly infringing material and information reasonably sufficient to locate it; your contact information; a statement that you have a good-faith belief that the use is not authorized; a statement that the information is accurate; and a statement, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner.
EdFill may remove, restrict, or disable access to allegedly infringing content at any time, with or without notice, and may suspend or terminate accounts of users who repeatedly infringe intellectual property rights or repeatedly submit unauthorized copyrighted materials. If your content was removed and you believe it was removed by mistake or misidentification, contact copyright@edfill.com. We may require a legally compliant counter-notice before restoring content.
16. SECURITY CONCERNS
To report a security concern, vulnerability, unauthorized access, suspected account compromise, or other security issue, contact service@edfill.com. Include as much detail as possible.
You may not publicly disclose security vulnerabilities, access data without authorization, disrupt the Service, or test systems in a way that could harm EdFill, users, Schools, students, or third parties.
17. FEEDBACK
If you submit feedback, ideas, suggestions, improvements, feature requests, bug reports, or recommendations, you grant EdFill a perpetual, worldwide, irrevocable, royalty-free, sublicensable, transferable license to use, modify, commercialize, and incorporate that feedback without restriction or compensation.
18. DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, OUTPUT, EXPORTS AND OUTPUTS, WEBSITE, SOFTWARE, AI CONTENT, ANSWER KEYS, ONLINE ASSIGNMENTS, STUDENT FEATURES, GRADING FEATURES, SOURCE-MATERIAL ANALYSES, DOWNLOADS, EXPORTS, FEATURES, CREDITS, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EDFILL AND ITS FOUNDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, QUIET ENJOYMENT, AND COURSE OF DEALING.
WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, ERROR-FREE, OR AVAILABLE; OUTPUT WILL BE ACCURATE, COMPLETE, SAFE, LAWFUL, NON-INFRINGING, EDUCATIONALLY APPROPRIATE, OR STANDARDS-ALIGNED; ANSWER KEYS, SCORES, GRADING SUGGESTIONS, OR FEEDBACK WILL BE CORRECT; ONLINE ASSIGNMENTS OR STUDENT FEATURES WILL OPERATE WITHOUT INTERRUPTION; EXPORTS WILL BE ERROR-FREE, PROPERLY FORMATTED, COMPATIBLE WITH THIRD-PARTY PLATFORMS, OR AVAILABLE IN ANY SPECIFIC FORMAT; ERRORS WILL BE CORRECTED; DATA WILL NOT BE LOST; THE SERVICE WILL BE FREE OF VIRUSES, MALWARE, OR HARMFUL COMPONENTS; OR ANY PARTICULAR RESULT, LEARNING OUTCOME, EDUCATIONAL BENEFIT, STUDENT PERFORMANCE, BUSINESS RESULT, OR FINANCIAL OUTCOME WILL OCCUR.
19. LIMITATION OF LIABILITY, RELEASE, AND INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EDFILL OR ITS FOUNDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR LOST-PROFIT DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, BUSINESS INTERRUPTION, SUBSTITUTE SERVICES, EDUCATIONAL HARM, STUDENT OUTCOMES, REPUTATIONAL HARM, SECURITY INCIDENTS, UNAUTHORIZED ACCESS, CONTENT ERRORS, AI OUTPUT ERRORS, GRADING ERRORS, ASSIGNMENT ERRORS, STUDENT DATA ISSUES, EXPORT ERRORS, THIRD-PARTY SERVICE ISSUES, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EDFILL’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100), REGARDLESS OF THE AMOUNTS PAID, CREDITS PURCHASED, CREDIT PACKS PURCHASED, SUBSCRIPTION FEES PAID, LICENSE FEES PAID, ACCOUNT TYPE SELECTED, ORGANIZATION TYPE SELECTED, SCHOOL OR DISTRICT STATUS CLAIMED, PLAN SELECTED, DISCOUNTS RECEIVED, FEATURES USED, OR SERVICES USED.
To the maximum extent permitted by law, you release EdFill and its founders, owners, officers, directors, employees, contractors, agents, affiliates, licensors, service providers, successors, and assigns from claims arising out of or relating to your use of the Service; AI-generated Output; Exports and Outputs; User Content; Student Data you submit or authorize; your use, distribution, publication, assignment, printing, export, display, grading, or modification of Output; third-party services; account access, security, or data issues; or educational, instructional, grading, assessment, or professional decisions made using the Service.
You agree to defend, indemnify, and hold harmless EdFill and its founders, owners, officers, directors, employees, contractors, agents, affiliates, licensors, service providers, successors, and assigns from and against claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your access to or use of the Service; User Content; Student Data you submit, authorize, assign, process, or disclose; Output; exports; third-party integrations or export destinations; violation of these Terms; violation of law, policy, or third-party rights; unauthorized student, child, sensitive, copyrighted, or third-party content; failure to review AI-generated Output; failure to obtain required consent, authorization, or permission; or claims brought by a student, parent, guardian, School, district, employer, customer, contractor, or third party related to your use of the Service.
20. DISPUTE RESOLUTION, ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER
Before filing a claim, you agree to contact us at service@edfill.com and attempt to resolve the dispute informally for at least thirty (30) days unless emergency injunctive relief is needed.
Except for claims that may be brought in small claims court or claims seeking injunctive or equitable relief for intellectual property, security, unauthorized access, confidentiality, or misuse of the Service, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association or another mutually agreed arbitration provider. Arbitration shall take place in Arizona unless the parties agree otherwise or applicable law requires another location.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND EDFILL AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES MAY NOT BE COORDINATED, CONSOLIDATED, OR ADMINISTERED AS PART OF A MASS ARBITRATION OR GROUP PROCEEDING UNLESS REQUIRED BY LAW OR AGREED BY EDFILL IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND EDFILL WAIVE ANY RIGHT TO A JURY TRIAL.
21. GENERAL TERMS
These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict-of-law principles, except to the extent preempted by federal law. You may not use the Service in violation of export control laws, sanctions laws, or trade restrictions.
We may update these Terms from time to time. If we make material changes, we may notify you by posting updated Terms, updating the effective date, sending an email, requiring in-app acceptance, or providing other notice. Your continued use of the Service after updated Terms become effective constitutes acceptance.
You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms in whole or in part without restriction, including in connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer of business.
If any provision is found unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any provision is not a waiver. These Terms, together with the Privacy Policy and any additional terms, order forms, school agreements, district agreements, data processing agreements, student data privacy addenda, state-specific addenda, or feature-specific terms, constitute the entire agreement between you and EdFill regarding the Service.
22. CONTACT
If you have questions about these Terms, contact us at:
EdFill
Email: support@edfill.com
Website: www.edfill.com