Terms of Use

Effective Date: 05/13/2026

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 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, parents/guardians, and other authorized users (“Users”). Use of the Service may also be governed by a separate written agreement between WHIT and a school, district, or other 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, debate practice, formative assessment, analytics, lesson planning, and related instructional tools. Features may change over time, and some features may be optional or available only under certain plans.

Beta Features

From time to time, we may offer features that are designated as “beta,” “preview,” “experimental,” or similar (“Beta Features”). Beta Features are provided as-is, may change or be discontinued at any time without notice, are not subject to any service-level commitments, and may have additional or different terms presented at the point of access. You use Beta Features at your own discretion.

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 or authorized by a teacher, school, or district, or as otherwise permitted under a District Agreement.

Children under 13 (COPPA). Where applicable, the school or district may provide authorization and consent on behalf of parents and guardians for students’ use of the Service for school-authorized educational purposes only, consistent with the Children’s Online Privacy Protection Act (COPPA), our Privacy Policy, and any 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. You may not create an account using false identity information or on behalf of someone other than yourself, except as expressly permitted (e.g., a school administrator provisioning accounts for staff and students under a District Agreement).

4. Account Types and Roles

The Service supports the following account types, each with different rights and responsibilities:

• Teacher Accounts: Create and manage classes, assignments, and instructional materials; review and provide feedback on student work; access class-level analytics. Teachers are responsible for the educational use of the Service in their classroom and for reviewing AI-generated feedback before relying on it for grading or instructional decisions.
• Student Accounts: Complete assignments and interact with student-facing tools (such as the Elaboration Tutor, Debatotron, Exit Ticket, and AP FRQ Coach). Students may use the Service only within the scope of work authorized by their teacher, school, or district.
• School Administrator Accounts: Manage teacher and student accounts within a school, configure school-level settings, and access school-level analytics.
• District Administrator Accounts: Manage schools, users, and configurations across a district; access district-level analytics; coordinate the District Agreement and data-management requests.

Some features may be available only to certain account types. Schools and districts are responsible for assigning appropriate roles to their personnel and revoking access promptly when personnel change roles or leave.

5. Privacy, Student Data, and District Control

Your use of the Service is also governed by our 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 education 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, export, and access processes as set forth in applicable agreements and WHIT’s published policies.

Data Privacy Agreement (DPA). Districts and schools may request a Data Privacy Agreement that supplements or supersedes these Terms with respect to Student Data handling. Email ccuny@whitai.app with subject line “DPA Request.”

No sale; no advertising. WHIT does not sell Student Data and does not use Student Data for targeted advertising.

Security incidents. Our incident-response commitments, including notification timing, are described in the Privacy Policy.

6. Accounts and Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• Restricting access to your account
• All activity that occurs under your account, whether or not authorized by you
• Notifying us promptly at alerts@whitai.app if you suspect unauthorized access

We may suspend access for security reasons (for example, suspected credential compromise) to protect Users and data.

7. 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, threatening, or hateful content
• Attempt to gain unauthorized access to the Service, other users’ accounts, or any underlying systems or data
• Scrape, crawl, harvest, or mass-download data from the Service
• Reverse engineer, decompile, or attempt to extract source code (except to the extent expressly permitted by law)
• Disrupt or interfere with the Service, including by introducing malware or excessive load
• Use the Service to create or distribute content that violates others’ rights, encourages harm, or facilitates academic dishonesty contrary to the policies of the relevant school or district
• Use the Service to develop, train, or improve a competing AI model or service (see Section 9)
• Bypass usage limits, rate limits, or access controls

We may remove content or restrict features if we reasonably believe it violates these Terms or creates a safety, security, or compliance risk.

8. User Content and Permissions

“User Content” means content you submit to the Service, including prompts, student submissions, teacher materials, uploaded files, and other data.

Ownership. As between you and WHIT, you retain ownership of your User Content, subject to any school or district policies and applicable law. Student Data ownership is further described in the Privacy Policy and any District Agreement.

License to operate the Service. You grant WHIT a limited, non-exclusive, worldwide, royalty-free 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 and aggregate data. WHIT may create and use de-identified and 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. We do not attempt to re-identify de-identified data.

Feedback

If you provide feedback, suggestions, ideas, or recommendations about the Service (“Feedback”), you grant WHIT a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use the Feedback for any purpose, including improving and developing the Service. WHIT is not obligated to act on Feedback or to identify you as its source.

9. AI Features and AI Output

The Service generates outputs using automated systems and artificial intelligence (“AI Output”), including writing feedback, tutoring responses, debate exchanges, formative-assessment analyses, lesson plans, and instructional insights.

A. Limitations of AI Output

• No guarantee of accuracy. AI Output may be incomplete, inaccurate, biased, out-of-date, or otherwise inappropriate. AI systems can “hallucinate” — that is, generate plausible-sounding but factually incorrect information.
• Human review required. Teachers and authorized staff remain responsible for reviewing AI Output and for instructional, grading, disciplinary, and other decisions. AI Output is a tool to support — not replace — professional judgment.
• No professional advice. AI Output is not legal, medical, psychological, financial, or other professional advice and should not be relied on as such.
• 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.
• Safety and moderation. WHIT may implement moderation, filtering, logging, and safety controls to prevent misuse and to support school safety and compliance.

B. Ownership of AI Output

As between you and WHIT, WHIT does not claim ownership of AI Output generated for you in response to your inputs. Subject to your compliance with these Terms, WHIT grants you a non-exclusive, worldwide, royalty-free license to use the AI Output for the educational purpose for which it was generated.

C. Restrictions on AI Output

You agree that you will not:

• Misrepresent AI Output as solely human-authored work in any context where doing so would violate the academic-integrity policies of the relevant school, district, or institution.
• Use AI Output to develop, train, fine-tune, evaluate, or improve any AI or machine-learning model that competes with the Service.
• Use AI Output in a manner that violates applicable law, infringes the rights of others, or violates the Acceptable Use rules in Section 7.

D. WHIT's Use of Inputs and Outputs

WHIT does not use Student Data or User Content to train its own AI models. WHIT’s practices for sending data to AI providers, including the substitution of non-identifying aliases for student identifiers and AI-provider training/retention commitments, are described in the Privacy Policy.

10. Intellectual Property

WHIT retains all rights, title, and interest in the Service, including software, design, branding, the WHIT name and logos, and all related intellectual property rights, except for User Content and except as expressly licensed in these Terms.

You may not use WHIT trademarks or branding without prior written permission, except as necessary to refer to the Service in a truthful, descriptive manner (for example, in a school announcement that the school uses WHIT).

11. Third-Party Services and Sub-Processors

The Service integrates with and relies on third-party services (for example, hosting providers, AI providers, file storage, caching, and email providers). Your use of third-party services may be governed by their own terms.

WHIT’s sub-processors and the data categories they process are listed in the Privacy Policy and may be updated from time to time. Districts and schools may request advance notice of new sub-processors in their DPA.

12. Fees, Plans, and Trials

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 reasonable notice
• Free trials, if offered, may convert to paid plans only with your explicit consent

13. Suspension and Termination

We may suspend or terminate access to the Service:

• If you materially violate these Terms
• If required to protect security, privacy, or safety
• If required by law, by a District Agreement, or by a competent regulatory or law-enforcement authority
• For non-payment of fees, after reasonable notice and opportunity to cure

You may stop using the Service at any time. School and district administrators may close their Organization’s accounts by contacting ccuny@whitai.app.

Effect of Termination

Upon termination, your right to access and use the Service ends. Data return, export, and deletion will be handled in accordance with the Privacy Policy (including the default 60-day post-termination Student Data deletion timeline) and any applicable District Agreement. The provisions of these Terms identified in Section 24 (Survival) continue to apply after termination.

14. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” WHIT and its officers, directors, employees, contractors, licensors, and service providers (collectively, the “WHIT Parties”) disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The WHIT Parties do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that the Service or the servers that make it available are free of viruses or other harmful components; or that AI Output will be accurate, complete, reliable, or suitable for any particular educational purpose.

15. Limitation of Liability

To the maximum extent permitted by law:

• The WHIT Parties will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, business interruption, or loss of data, even if advised of the possibility.
• The WHIT Parties’ total aggregate liability arising out of or related to the Service or these Terms 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) one hundred U.S. dollars ($100).

Some jurisdictions do not allow certain limitations on warranties or liability; in those jurisdictions, the limitations apply only to the maximum extent permitted by law.

16. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless the WHIT Parties from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your misuse of the Service; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any law or any rights of another person or entity.

Government entities. If you are a public school district, public university, or other government entity, this Section applies only to the extent permitted by applicable law and any District Agreement, and is not intended to require you to indemnify WHIT in violation of any law restricting indemnification by government entities.

17. 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 (for example, by posting an updated version with a new “Effective Date,” by in-app notice, or by email to administrators). For material changes affecting Student Data, we will provide advance notice to School and District administrators consistent with the Privacy Policy.

Continued use of the Service after the Effective Date of an update constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

18. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 19 (Dispute Resolution), any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction and venue in those courts.

If a District Agreement specifies different governing law or venue, the District Agreement controls for that Organization.

19. Dispute Resolution; Arbitration; Class Action Waiver

A. Carve-Out for Schools, Districts, and Organizations

This Section 19 does not apply to schools, districts, or other Organizations operating under a District Agreement, or to authorized Users acting in their capacity as Organization users. Dispute resolution for those Organizations is governed by the District Agreement (or, in the absence of dispute-resolution provisions in the District Agreement, by the courts identified in Section 18).

B. Agreement to Arbitrate

Except as provided in Section 19.A and Section 19.D, you and WHIT agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and WHIT will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.

The arbitration will be conducted in English, by a single neutral arbitrator. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

C. Class Action and Jury Trial Waiver

You and WHIT each waive the right to a trial by jury and the right to participate in a class action, collective action, private attorney general action, or other representative proceeding. The arbitrator may not consolidate or join more than one person’s claims and may not preside over any form of class or representative proceeding.

D. Exceptions to Arbitration

The arbitration agreement does not apply to:

• Small-claims court actions brought by either party on an individual (non-class) basis, if the claim qualifies and remains in small-claims court
• Actions to enjoin or otherwise protect intellectual property rights (for example, claims involving copyright, trademark, trade secret, or patent infringement)
• Complaints to federal, state, or local government agencies, which may seek relief on your behalf if the law permits

E. 30-Day Right to Opt Out of Arbitration

You may opt out of this arbitration agreement by sending a written notice to ccuny@whitai.app with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other provision of these Terms.

F. Severability

If any portion of this Section 19 is held to be unenforceable, the remainder will continue in effect, except that if the class action waiver is held unenforceable, this Section 19 in its entirety is unenforceable and the dispute will proceed in court.

20. U.S. Government Restricted Rights

The Service is “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202. Use, duplication, or disclosure of the Service by or on behalf of the U.S. government is subject to the restrictions in 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4 (or successor provisions), as applicable, and is otherwise governed by these Terms. Access to or use of the Service by the U.S. government constitutes acknowledgement of WHIT’s proprietary rights in the Service.

21. Export Controls

The Service is operated from the United States. You agree to comply with all applicable U.S. and foreign export-control and sanctions laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. embargoes, and that you are not on any U.S. government list of restricted parties.

22. DMCA / Copyright Complaints

If you believe content on the Service infringes your copyright, please send a notice including the following information to our designated agent:

• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material and information sufficient to locate it on the Service
• Your contact information (name, address, telephone, email)
• A statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

WHIT will respond to valid notices in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) and may, in appropriate circumstances, terminate the accounts of repeat infringers.

23. Notices and Contact

We may send you notices via the Service, by email to the address associated with your account, or by other reasonable means. Notices to WHIT must be sent to the addresses above.

24. Survival

The following Sections survive termination or expiration of these Terms: 5 (Privacy, Student Data, and District Control, with respect to obligations regarding existing Student Data), 8 (User Content and Permissions, with respect to licenses already granted and de-identified data), 9 (AI Features and AI Output, with respect to ownership and restrictions), 10 (Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 18 (Governing Law and Venue), 19 (Dispute Resolution), 20 (U.S. Government Restricted Rights), 21 (Export Controls), 22 (DMCA), 23 (Notices and Contact), 24 (Survival), and 25 (Miscellaneous), together with any other provisions that by their nature should survive.

25. Miscellaneous

Entire Agreement. These Terms, the Privacy Policy, and any District Agreement form the entire agreement between you and WHIT regarding the Service and supersede all prior or contemporaneous agreements on the same subject.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

No Waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, subject to the protections for Student Data described in the Privacy Policy.

No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights, except as expressly stated.

Force Majeure. Neither party is liable for any delay or failure in performance caused by events beyond its reasonable control, including natural disasters, acts of war or terrorism, civil unrest, government action, labor disputes, internet or utility failures, and pandemics.

Publicity. WHIT may identify your school or district as a customer in marketing materials and on the WHIT website using the school or district’s name and logo. Schools and districts may opt out of publicity by emailing ccuny@whitai.app with subject line “Publicity Opt-Out.” This permission does not apply to individual student or teacher names.

Headings. Section headings are for convenience only and do not affect interpretation.

Interpretation. The words “include,” “including,” and “such as” are not limiting.