Terms of Service

Last Updated September 2, 2024

d’Skills offers access to generative artificial intelligence tools through our web platform and other services (collectively referred to as the “Services”). Our platform is designed to provide students with tools and interactive missions aimed at helping them learn and engage with artificial intelligence (AI) technologies. These missions are crafted to introduce students to the practical applications of AI in an educational setting.

If you are a teacher, school, school district, or other educational institution (“Educational Institution”) utilizing our Services, the use of these Services is governed by our Student Data Privacy Addendum. This Addendum is incorporated by reference into these Terms unless your Educational Institution has entered into a separate agreement with us that provides protections equivalent to those outlined in the Addendum.

Rights to Use Services:

You are welcome to visit our website at any time. However, access to our Services requires an active subscription. Your account is for your use only. You may not transfer or share it with others, and you responsible for any misuse or activity on your account if you fail to protect your login credentials.

Upon subscribing to our Services and agreeing to these Terms, you are granted a limited, non-exclusive right to access and use the Services during the term of your subscription, solely for educational purposes. This right remains in effect until either you or we terminate the agreement.

If you are accessing or using the Services as an Educator on behalf of an Educational Institution, you hereby confirm that you possess the requisite authority to accept these Terms and the Student Data Privacy Addendum on behalf of the Educational Institution. Furthermore, if you provide our Services to students under the age of 13, you represent and warrant that you have obtained the necessary consents allowing d’Skills to process anonymous data for educational purposes.

Responsibilities for Using Missions and AI Tools

Our missions and AI tools are designed to help students explore, understand, and apply artificial intelligence in educational settings. While these tools are meant to enhance learning, it’s important for both educators and students to use them responsibly. Please observe the following guidelines:

1.      Educator Oversight: Missions are structured to guide students through various aspects of AI, but educators should provide guidance to ensure that students stay on track and use the tools in ways that align with educational objectives.

2.      Student Engagement: Students are encouraged to experiment and engage creatively with the tools, but they should also be mindful of the intended learning outcomes. It’s essential that they use the tools in a constructive manner, respecting the educational purpose of the platform.

3.      Accuracy and Review: AI-generated content may contain errors, omissions, or biases. Students should be encouraged to critically evaluate the information and seek teacher assistance if needed. Educators should also periodically review mission outputs to ensure accuracy and appropriateness for the learning context.

4.      Privacy Protection: Students are provided with anonymized logins to protect their privacy. Both educators and students must ensure that no personally identifiable information (PII) is entered into the platform. Entering such information may violate applicable privacy laws or your Educational Institution’s policies and could result in the suspension or termination of Services.

Prohibited Uses of the Services:

You agree not to use the Services in any manner that is dangerous, damaging, or irresponsible including but not limited to any manner which:

  1. Infringes upon intellectual property rights, data privacy, or any other legal rights of third parties;

  2. Violates applicable laws, regulations, or your organization’s policies;

  3. Involves fraudulent, deceptive, harassing, or otherwise objectionable behavior;

  4. Contravenes content restrictions in areas of the Services intended for public use, such as forums or public profiles;

  5. Misappropriates the Services for personal or commercial gain unrelated to your role as an Educator;

  6. Compromises the security of your account or the accounts of others;

  7. Attempts to gain unauthorized access to another user’s account or security information;

  8. Threatens the security or integrity of any computer network;

  9. Engages in activities that interfere with the proper functioning of the Services, such as introducing malware or placing an unreasonable load on the system;

  10. Attempts to decompile, reverse-engineer, or otherwise access the source code of the Services, except as expressly permitted by law.

Any breach of these prohibitions may result in the immediate suspension or termination of your access to the Services.

Privacy Model and Anonymous Access:

d’Skills ensures student privacy by distributing anonymous login credentials for use by students. These logins are not linked to personal information, ensuring that no personally identifiable information (PII) is intentionally collected.

Data Privacy Protection:

d’Skills takes data privacy and protection seriously. We do not collect or process any PII. We collect limited usage data and security logs to ensure operational efficiency and the protection of the platform. This data is linked solely to anonymous accounts. Our data privacy practices comply with relevant legal frameworks, including the General Data Protection Regulation (GDPR), the Children’s Online Privacy Protection Act (COPPA), and the Family Educational Rights and Privacy Act (FERPA). All collected data is securely stored and used exclusively to improve the user experience, monitor platform security, and ensure compliance with applicable laws.

If you believe any personal information has been inadvertently collected, please contact us at privacy@dskills.io, and we will take prompt action to investigate and, if necessary, remove the data.

Rights Regarding Use of Content You Provide:

If you post content in areas of the Services designed for public interaction, such as public profiles, forums, or chat areas, you are responsible for ensuring you have the rights to post such material. By posting such material, you grant us a perpetual, worldwide right to use, reproduce, and publish it. This right remains in effect even after you terminate your use of the Services.

Termination of Services:

You may terminate your use of the Services at any time by contacting privacy@dskills.io and requesting an account deletion. d’Skills reserves the right to terminate your use of the Services at any time, with thirty (30) days’ notice, or immediately in the event of a material breach of these Terms. Certain provisions of these Terms will survive termination, including those related to intellectual property, liability, and indemnification.

Links to Third-Party Sites/Third-Party Services:

The d’Skills website may include links to third-party websites and services. These links are provided solely for convenience. d’Skills does not control the content of these third-party sites and is not responsible for any content, changes, or updates made to them. The inclusion of these links does not imply any endorsement of these sites or their operators.

Warranty Disclaimer:

d’Skills provides the Services and content on an “as is” basis. We make no warranties, whether expressed or implied, regarding the accuracy, reliability, or suitability of the content generated or accessed through the Services. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. d’Skills does not guarantee that the Services will be uninterrupted or error-free. Certain jurisdictions may not permit limitations on implied warranties, so these limitations may not apply to you.

Limitation of Liability:

To the fullest extent permitted by law, under no circumstances shall d’Skills, its licensors, or suppliers be liable for any indirect, special, incidental, or consequential damages arising from the use of the Services, including lost profits, data, or goodwill. The maximum liability of d’Skills for any claim shall not exceed the greater of $500 or the amount you paid to d’Skills in the twelve (12) months preceding the claim. Certain jurisdictions may not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

Indemnification:

You agree to indemnify and hold harmless d’Skills, its officers, employees, agents, and third-party providers from any claims, liabilities, damages, and expenses (including reasonable attorney’s fees) arising out of your violation of these Terms, prohibited use of the Services, or any infringement of intellectual property, privacy, or other legal rights. d’Skills reserves the right, at its expense, to assume exclusive control of the defense of any matter subject to indemnification, and you agree to cooperate fully with such defense.

Acknowledgement for State School Systems:

If you are agreeing to these Terms on behalf of a state school or institution, you acknowledge that certain state laws may override specific provisions in these Terms. In such cases, applicable state law will govern and supersede conflicting provisions of these Terms.

Governing Law; Mandatory Arbitration of Disputes:

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. Both you and d’Skills waive the right to a jury trial and agree that all disputes will be resolved on an individual basis through binding arbitration.

The arbitration shall be conducted based on the submission of documents, and there shall be no in-person or oral hearing unless ordered by the arbitrator. The arbitrator shall not award punitive or other damages beyond those measured by the prevailing party’s actual damages. Except as required by law, neither party nor the arbitrator may disclose the existence or outcome of any arbitration without the prior written consent of both parties.

Contact Us:

For any questions related to these Terms or your privacy rights, please contact us at privacy@dskills.io.