Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Pennpaper ("Company," "we," "us," or "our") governing your access to and use of the Pennpaper platform, including our website, applications, AI tutoring services, and all related features ("Service").

By creating an account, accessing, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2. Eligibility and Account Requirements

2.1 Age Requirements

• Adult Users: You must be at least 18 years old to create an account independently.
• Minor Users: Users under 18 may use the Service only with parental or guardian consent and supervision. Parents/guardians are responsible for their children's use of the Service.
• Children Under 13: Children under 13 may only use the Service through accounts created and managed by their parent, guardian, or authorized educational institution.

2.2 Account Responsibilities

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized use of your account
• You are responsible for all activities that occur under your account
• One person may not maintain multiple accounts without our express permission

2.3 Parental Responsibilities

Parents and guardians who create accounts for their children agree to:

• Supervise their child's use of the Service as appropriate
• Ensure their child understands and follows these Terms
• Accept full responsibility for their child's conduct on the platform
• Provide verifiable parental consent as required by COPPA

3. Description of Service

3.1 AI Tutoring Platform

Pennpaper provides an AI-powered educational tutoring platform featuring:

• Real-time voice-based AI tutoring sessions
• Interactive canvas for mathematical problem-solving
• Optional AI avatar companions for enhanced engagement
• Adaptive learning pathways based on student performance
• Progress tracking and reporting for parents and educators

3.2 Educational Purpose

The Service is designed as a supplementary educational tool and is not intended to replace formal education, professional tutoring, or teacher instruction. The AI tutor provides educational support but is not a substitute for qualified human educators.

3.3 AI Limitations

You acknowledge that:

• AI-generated content may occasionally contain errors or inaccuracies
• The AI tutor provides educational guidance, not professional advice
• AI responses are generated algorithmically and may not always be perfect
• The Service should be used alongside, not as a replacement for, human instruction

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service only for:

• Personal educational purposes
• Legitimate learning and tutoring activities
• Uses consistent with the intended purpose of the platform

4.2 Prohibited Conduct

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any laws
• Attempt to manipulate, deceive, or exploit the AI system
• Use the Service to generate harmful, abusive, or inappropriate content
• Attempt to extract, reverse engineer, or copy the AI models or algorithms
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems (bots, scrapers) to access the Service
• Impersonate any person or entity
• Share account credentials with others
• Use the Service for commercial purposes without authorization
• Circumvent any access controls or usage limits
• Record, redistribute, or publicly share session content without permission
• Submit false, misleading, or fraudulent information
• Harass, threaten, or harm other users or Pennpaper staff
• Introduce viruses, malware, or other harmful code

4.3 Content Standards

All content you submit or create using the Service must be:

• Appropriate for an educational environment
• Free from offensive, discriminatory, or harmful material
• Your own work or content you have the right to use
• Not infringing on any third-party intellectual property rights

5. Subscription and Payments

5.1 Subscription Plans

Pennpaper offers various subscription plans with different features and pricing. Current pricing and plan details are available on our website. We reserve the right to modify pricing with reasonable notice.

5.2 Billing

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• You authorize us to charge your payment method for all fees
• Prices are exclusive of taxes, which may be added where applicable
• Failed payments may result in suspension of service

5.3 Free Trial

We may offer free trials at our discretion. At the end of the trial period, your subscription will automatically convert to a paid subscription unless cancelled. You will be notified before any charges occur.

5.4 Cancellation and Refunds

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• Refunds are provided in accordance with our refund policy
• We may offer pro-rata refunds for annual subscriptions at our discretion
• Refund requests must be submitted within 30 days of the charge

5.5 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes will take effect at the start of your next billing cycle. Continued use after price changes constitutes acceptance of the new pricing.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including all content, features, functionality, software, code, AI models, algorithms, user interface designs, trademarks, and trade dress, is owned by Pennpaper or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws.

6.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial educational purposes. This license does not include any right to:

• Modify, copy, or create derivative works from the Service
• Sublicense, sell, or transfer your rights
• Use the Service for commercial purposes
• Reverse engineer or attempt to extract source code

6.3 User Content

You retain ownership of content you create using the Service (drawings, notes, etc.). By using the Service, you grant us a non-exclusive, royalty-free license to use, store, and process your content solely to provide and improve the Service.

6.4 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without compensation or attribution. You assign to us all rights in such feedback.

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

We comply with applicable data protection laws including COPPA, GDPR, CCPA, and FERPA (where applicable). For educational institutions, we will enter into appropriate data processing agreements as required.

8. Disclaimers and Limitations of Liability

8.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Guarantee of Results

We do not guarantee any specific educational outcomes, improvements in academic performance, or learning results. The effectiveness of the Service depends on many factors including user effort, consistency of use, and individual learning abilities.

8.3 AI Disclaimer

Our AI tutor is designed to provide educational support but may occasionally:

• Provide incorrect or incomplete information
• Misunderstand user input or context
• Generate responses that require human verification

Users should verify important information and not rely solely on AI-generated content for critical decisions.

8.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENNPAPER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

9. Indemnification

You agree to defend, indemnify, and hold harmless Pennpaper and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your violation of any third-party right, including intellectual property rights
• Any content you submit or transmit through the Service
• Your violation of any applicable law or regulation

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us or using the account settings. Upon termination, your right to use the Service will immediately cease.

10.2 Termination by Us

We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including:

• Violation of these Terms
• Fraudulent, illegal, or harmful conduct
• Non-payment of fees
• At our sole discretion, for any reason

10.3 Effect of Termination

Upon termination:

• All licenses granted to you will terminate
• You must cease all use of the Service
• We may delete your account and data (subject to legal retention requirements)
• Provisions that by their nature should survive will survive termination

11. Dispute Resolution

11.1 Informal Resolution

Before filing any formal dispute, you agree to contact us and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved quickly through direct communication.

11.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in [Your State/City], unless otherwise agreed.

11.3 Class Action Waiver

YOU AND PENNPAPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction for infringement of intellectual property rights.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms with a new "Last Updated" date
• Sending notice via email or through the Service
• Requiring acceptance of new Terms before continued use

Your continued use of the Service after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Pennpaper regarding the Service.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect, and an enforceable term will be substituted reflecting our intent as closely as possible.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by Pennpaper.

14.4 Assignment

You may not assign or transfer these Terms or your rights without our prior written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet failures, or third-party service outages.

14.6 Electronic Communications

By using the Service, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

15. Contact Information

For questions about these Terms of Service:

16. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE.