These Terms of Use (“Terms”) govern access to and use of the WHIT / WhitAI.app platform and related services (collectively, the “Service”) provided by School Synergy, S-Corporation (the “Company,” “WHIT,” “we,” “us,” or “our”). By accessing or using the Service, you agree to these Terms.
If you are using the Service on behalf of a school, district, or other organization (“Organization”), you represent that you have authority to bind that Organization to these Terms.
1. Who These Terms Apply To
The Service may be used by teachers, administrators, staff, students, and other authorized users (“Users”). Use of the Service may also be governed by a separate written agreement between WHIT and a school/district/Organization (a “District Agreement”).
If there is a conflict between these Terms and a District Agreement, the District Agreement controls for that Organization’s use of the Service and the handling of Student Data (defined below).
2. The Service
WHIT is an educational technology platform that may include AI-assisted feedback, tutoring, analytics, and instructional tools. Features may change over time, and some features may be optional or available only under certain plans.
3. Eligibility and School Authorization
School-authorized use. The Service is intended for use in school-authorized educational contexts.
Students. Students may use the Service only when invited/authorized by a teacher, school, or district, or as otherwise permitted under a District Agreement.
Children under 13 (COPPA context). Where applicable, the school/district may provide authorization and consent on behalf of parents/guardians for students’ use of the Service only for school-authorized educational purposes and consistent with WHIT’s Privacy Policy and District Agreement. WHIT does not permit use of Student Data for advertising or other non-educational commercial purposes.
Account requirements. You must provide accurate information and keep your account information up to date.
4. Privacy, Student Data, and District Control
Your use of the Service is also governed by our Privacy Policy (“Privacy Policy”), which is incorporated by reference.
For purposes of these Terms:
“Student Data” includes information that relates to an identified or identifiable student and is provided to WHIT through the Service by the student, school/district, or Organization (including student work and educational records processed through the Service).
District-directed handling. Student Data is processed to provide the Service for school-authorized educational purposes and in accordance with the Privacy Policy and any District Agreement. Districts may direct retention, deletion, and access processes as set forth in applicable agreements and WHIT’s published policies (e.g., retention/deletion and data request procedures, where offered).
No sale / no ads. WHIT does not sell Student Data and does not use Student Data for targeted advertising.
5. Accounts and Security
You are responsible for:
- maintaining the confidentiality of your login credentials,
- restricting access to your account,
- notifying us promptly if you suspect unauthorized access.
We may suspend access for security reasons (e.g., suspected compromise) to protect Users and data.
6. Acceptable Use
You agree to use the Service only for lawful, school-authorized educational purposes and in compliance with these Terms and applicable law.
You agree not to:
- upload or submit unlawful, infringing, defamatory, harassing, or threatening content;
- attempt to gain unauthorized access to the Service or other users’ data;
- scrape, crawl, harvest, or mass-download data from the Service;
- reverse engineer, decompile, or attempt to extract source code (except to the extent prohibited by law);
- disrupt or interfere with the Service (including by introducing malware);
- use the Service to create or distribute content that violates others’ rights or encourages harm.
We may remove content or restrict features if we reasonably believe it violates these Terms or creates safety/security risk.
7. User Content and Permissions
“User Content” means content you submit to the Service, including prompts, student submissions, teacher materials, uploads, and other data.
Ownership. As between you and WHIT, you retain ownership of your User Content, subject to any school/district policies and applicable law.
License to operate the Service. You grant WHIT a limited, non-exclusive, worldwide license to host, store, process, transmit, display, and use User Content only as necessary to provide, maintain, secure, and improve the Service, and to comply with law and District Agreements.
De-identified/aggregate data. WHIT may create and use de-identified and/or aggregated data derived from use of the Service for analytics, service improvement, and reporting, provided it does not reasonably identify a student or individual user.
8. AI Features and Limitations
The Service may generate outputs using automated systems or AI (“AI Outputs”). You acknowledge:
- No guarantee of accuracy. AI Outputs may be incomplete, inaccurate, biased, or inappropriate in some contexts.
- Human review required. Teachers and authorized staff remain responsible for reviewing AI Outputs and for instructional, grading, disciplinary, or other decisions.
- No professional advice. AI Outputs are not legal, medical, psychological, or other professional advice.
- Safety and moderation. WHIT may implement moderation, filtering, logging, and safety controls to prevent misuse and to support school safety and compliance.
- No emergency use. The Service is not designed for emergency response or situations requiring immediate intervention. If there is a threat of harm, contact local emergency services and follow district safety protocols.
9. Intellectual Property
WHIT retains all rights, title, and interest in the Service, including software, design, and branding, except for User Content.
You may not use WHIT trademarks or branding without written permission, except as necessary to refer to the Service in a truthful manner.
10. Third-Party Services
The Service may integrate with or rely on third-party services (e.g., hosting providers, email providers, analytics, AI providers). Your use of third-party services may be governed by their own terms. WHIT’s subprocessors and data practices are described in the Privacy Policy and/or district documentation (where provided).
11. Fees, Plans, and Trials (If Applicable)
Some features may require payment. If fees apply, we will present pricing and billing terms at purchase or in a District Agreement. Unless otherwise stated:
- fees are non-refundable except where required by law,
- taxes may apply,
- we may change pricing prospectively with notice.
12. Suspension and Termination
We may suspend or terminate access to the Service:
- if you violate these Terms,
- if required to protect security, privacy, or safety,
- if we are required by law or a District Agreement.
You may stop using the Service at any time. District offboarding, data export, and deletion are handled according to District Agreements and WHIT policies where applicable.
13. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WHIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WHIT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUTS WILL BE ACCURATE OR SUITABLE FOR ANY PARTICULAR EDUCATIONAL PURPOSE.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- WHIT WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY.
- WHIT’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID TO WHIT FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.
Some jurisdictions do not allow certain limitations; in that case, the limitations apply to the maximum extent permitted.
15. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless WHIT and its officers, directors, employees, and contractors from claims arising out of: (a) your misuse of the Service, (b) your violation of these Terms, or (c) your User Content.
Government entities: If you are a public school district or government entity, this section applies only to the extent allowed by applicable law and any District Agreement.
16. Changes to the Service or Terms
We may update the Service and these Terms. If we make a material change, we will provide reasonable notice (e.g., by posting an updated version with a new “Last Updated” date, or by in-app notice). Continued use after the effective date of an updated Terms means you accept the updated Terms.
17. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute will be brought in state or federal courts located in California, and you consent to personal jurisdiction and venue in those courts.
(If a District Agreement specifies a different venue, the District Agreement controls for that Organization.)
18. DMCA / Copyright Complaints
If you believe content on the Service infringes your copyright, contact us at:
Email: admin@whitai.app
Include: identification of the work, the allegedly infringing material, your contact information, and a statement of good faith belief.
19. Notices and Contact
Contact: admin@whitai.app
Security/Privacy Contact: alerts@whitai.app
Mailing Address: 27160 Baxard Place, Valencia, CA 91354
We may send you notices via the Service, email, or other reasonable means.
20. Miscellaneous
Entire Agreement. These Terms, the Privacy Policy, and any District Agreement form the entire agreement for the Service.
Severability. If any provision is unenforceable, the rest remains effective.
No Waiver. Failure to enforce a provision is not a waiver.
Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Force Majeure. We are not liable for events beyond our reasonable control.