Terms of Service
Effective Date: [To Be Determined]
construction Draft Document - Legal Review in Progress
This comprehensive Terms of Service has been prepared for attorney review. Final terms will be published prior to service launch.
This is a legal agreement. By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are under 18 years of age, your parent or legal guardian must review and agree to these Terms on your behalf.
1. Description of Service
Strux Labs is an AI-powered academic intelligence platform designed to help students manage assignment overload and improve academic organization. The Service integrates with Learning Management Systems (LMS) and Student Information Systems (SIS), including PowerSchool and Schoology, to:
- Aggregate assignments, grades, course content, and academic materials from multiple systems
- Apply artificial intelligence to analyze, classify, and prioritize academic content
- Generate personalized daily "quests" (task lists) based on priority scoring algorithms
- Provide gamification features including experience points (XP), achievements, and progress tracking
- Offer parent oversight tools including intelligent escalation and notifications
- Track student engagement, performance trends, and system usage analytics
The Service functions as a cognitive support tool that presents academic information to reduce cognitive burden and support executive function skills for students and their families.
2. Acceptance of Terms and Eligibility
A. User Eligibility
The Service is intended for use by:
- Students: Middle school and high school students (grades 6-12) or as authorized by their educational institution
- Parents/Guardians: Legal parents or guardians of student users
- Educational Institutions: Schools and school districts that have entered into a service agreement with Strux Labs
- Educators: Teachers and administrators authorized by their educational institution
B. Account Creation and Authentication
To use the Service, you must:
- Create an account with accurate, complete, and current information
- Maintain the security and confidentiality of your account credentials
- Promptly notify us of any unauthorized use of your account
- Accept responsibility for all activities that occur under your account
- Comply with all applicable laws and regulations
For students under 13 years of age, accounts may only be created with verifiable parental consent or through a school-administered deployment under COPPA's school consent exception.
3. Compliance with Educational Privacy Laws
The Company is committed to protecting student privacy and complying with all applicable educational privacy laws, including the Family Educational Rights and Privacy Act (FERPA), the Children's Online Privacy Protection Act (COPPA), and applicable state student privacy laws.
A. Company's Obligations as "School Official" (FERPA)
When providing services to educational institutions, the Company operates as a "School Official" under FERPA (20 U.S.C. § 1232g; 34 CFR Part 99). The Company agrees to:
- Be under the direct control of the educational institution with respect to the use and maintenance of "education records"
- Use Personally Identifiable Information (PII) from education records solely to provide the Service and for no other purpose
- Not disclose PII to third parties without prior written consent from the institution, except:
- As required by law or court order
- To authorized sub-processors (AI service providers) who are contractually bound to the same privacy obligations
- In anonymized, aggregated form that cannot identify individual students
- Not use student data for advertising, marketing, behavioral targeting, or building user profiles for non-educational purposes
- Maintain administrative, technical, and physical safeguards that comply with industry standards
B. COPPA Compliance
For users under 13 years of age:
- School Consent Exception: When students access the Service through their school, the school provides consent on behalf of parents under COPPA's "school consent" exception. The Company collects and uses information solely to provide the educational service.
- Direct Parental Consent: For direct-to-consumer accounts, we obtain verifiable parental consent before collecting personal information from children under 13.
- Parental Rights: Parents have the right to review their child's personal information, request deletion, and refuse further collection or use of their child's information.
- Limited Collection: We collect only the minimum information necessary to provide the Service.
C. Educational Institution Obligations
Educational institutions using the Service represent and warrant that:
- They have the legal authority to provide student PII to the Company in compliance with FERPA and applicable state laws
- They have obtained all necessary parental consents as required by COPPA (or are relying on the school consent exception)
- They have provided appropriate notice to parents and students about the use of the Service
- They will comply with their own privacy policies and applicable privacy laws
4. Data Collection, Use, and AI Processing
A. Data We Collect
The Service collects and processes the following categories of data:
- Student Academic Data: Assignments, grades, course enrollment, due dates, submission status, missing/late/exempt flags, grade history, current performance metrics
- Course Content: Daily agendas, class notes, instructional materials, handouts, announcements, and other content from LMS platforms
- Account Information: Name, email address, student ID, role (student/parent/teacher/admin), authentication credentials (hashed)
- Usage Analytics: Page views, feature interactions, quest completions, time spent on tasks, session duration, device information, browser type, IP address
- Gamification Data: XP earned, achievement unlocks, streak tracking, quest progress, completion statistics
- User-Generated Content: Notes, annotations, quest status updates, parent inbox actions, classification overrides
B. How We Use Data
We use collected data to:
- Provide Core Services: Display assignments, calculate priority scores, generate quest lists, track progress, synchronize with school systems
- AI Analysis: Process content through AI models (OpenAI GPT-4, Anthropic Claude) to classify educational value, detect priority, recommend actions, and identify content types
- Personalization: Customize quest recommendations, adjust difficulty, detect struggling students, optimize workload distribution
- Analytics & Improvement: Analyze usage patterns, measure feature adoption, identify bugs, improve algorithms, conduct A/B testing
- Communication: Send system notifications, escalation alerts, achievement notifications, and service updates
- Security & Compliance: Detect fraud, prevent unauthorized access, maintain audit logs, comply with legal obligations
C. AI Processing and Third-Party Services
The Service utilizes third-party AI providers to analyze academic content:
- OpenAI (GPT-4): Content classification, priority detection, educational value assessment
- Anthropic (Claude): Secondary AI analysis, quest recommendations, content summarization
Important Disclosures:
- Student academic content (assignments, class materials) is transmitted to these AI providers for analysis
- AI providers process data under strict contractual agreements that prohibit use for model training or other purposes
- AI analysis results are stored in our database with full audit trails (reasoning, confidence scores, timestamps)
- Parents and schools can review AI decisions and override automated classifications
- We maintain a confidence threshold (≥0.85) below which content is escalated to parents for manual review rather than auto-processed
5. Data Security and Protection
The Company implements industry-standard security measures to protect student data, including:
- Encryption: TLS 1.2+ encryption for all data in transit; encryption at rest for sensitive database fields
- Access Controls: Role-based access control (RBAC) with least-privilege principles; multi-factor authentication (MFA) for administrative access
- Authentication: JWT token-based authentication with 30-minute access tokens and 30-day refresh tokens; bcrypt password hashing; account lockout after 5 failed login attempts
- Network Security: Firewall protection, intrusion detection, regular security audits
- Application Security: Input validation, SQL injection prevention (parameterized queries), XSS protection, CSRF tokens
- Monitoring: Automated error tracking, security event logging, anomaly detection
- Data Minimization: Collection limited to data necessary for service provision
- Regular Updates: Security patches, dependency updates, vulnerability scanning
However, no system is completely secure. We cannot guarantee absolute security and are not responsible for unauthorized access resulting from circumstances beyond our reasonable control.
6. Data Breach Notification
In the event of a security breach involving unauthorized access to or disclosure of student PII:
- The Company will notify affected educational institutions without undue delay and no later than 72 hours after discovery
- For direct-to-consumer users, we will notify affected parents/students in accordance with applicable state breach notification laws
- Notifications will include: nature of the breach, data affected, mitigation steps taken, recommended actions for users, and contact information
- The Company will cooperate with institutions and affected parties to investigate the breach and implement corrective measures
- We will provide all reasonably requested information to support regulatory reporting obligations
7. Data Retention and Deletion
A. Retention Periods
- Active Student Data: Retained for the duration of enrollment or active account status
- Academic Records: Assignments, grades, and quest history retained for current school year plus one additional year unless deletion is requested
- Analytics Events: Granular event data retained for 90 days; aggregated anonymized metrics retained indefinitely
- Audit Logs: Authentication events, AI decisions, and compliance-related logs retained for 7 years
- Backup Data: Included in standard 30-day backup rotation
B. Deletion Rights
Users have the right to request deletion of their personal data:
- Parent/Student Request: Parents or eligible students may request account deletion and data removal at any time by contacting legal@thestruxlab.io
- School/District Request: Educational institutions may request deletion of student data upon termination of service agreement
- Processing Timeline: Deletion requests will be processed within 60 days unless legally required to retain data (e.g., for financial records, legal disputes)
- Scope of Deletion: Deletion includes all PII, academic records, and usage data; anonymized aggregated data may be retained for analytics
- Backup Purge: Data in backups will be permanently deleted within one backup cycle (30 days) following the deletion request
C. Account Termination
Upon termination of a school partnership or account closure:
- We will, at the school's direction, either securely return all student data or permanently destroy it
- Destruction will occur within 60 days unless legal retention is required
- We will provide written certification of data destruction upon request
8. User Conduct and Prohibited Uses
Users agree to use the Service in compliance with all applicable laws and these Terms. Prohibited conduct includes:
- Accessing another user's account without authorization
- Sharing account credentials or allowing unauthorized access
- Attempting to circumvent security measures or access restrictions
- Interfering with or disrupting the Service or servers/networks
- Using automated tools (bots, scrapers) without written permission
- Transmitting malware, viruses, or harmful code
- Impersonating another person or entity
- Harassing, threatening, or abusing other users
- Violating any applicable laws or regulations
- Attempting to reverse engineer, decompile, or extract source code
- Using the Service for any commercial purpose without authorization
- Submitting false, misleading, or fraudulent information
Violation of these terms may result in account suspension or termination, and we may report violations to appropriate authorities.
9. Intellectual Property Rights
A. Company's Intellectual Property
The Service, including all software, algorithms (including our proprietary priority scoring algorithm), AI models, user interfaces, graphics, designs, trademarks, service marks, and other intellectual property, is owned by Strux Labs LLC and is protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended educational purposes. This license does not grant you any ownership rights or the right to:
- Copy, modify, distribute, sell, or lease any part of the Service
- Reverse engineer or attempt to extract the source code
- Remove or modify any proprietary notices or labels
- Use our trademarks or branding without written permission
B. User Data and Content
You retain all ownership rights to your data, including:
- Student academic records provided by educational institutions
- User-generated content (notes, annotations, preferences)
- Course materials and content owned by schools or educators
By using the Service, you grant us a limited license to:
- Store, process, and display your data to provide the Service
- Transmit content to AI providers for analysis as described in Section 4
- Create anonymized, aggregated analytics that do not identify individuals
- Use feedback and suggestions to improve the Service (without compensation to you)
This license terminates when you delete your account, subject to retention periods described in Section 7.
C. Third-Party Content
The Service may display content from third-party sources (PowerSchool, Schoology, other LMS/SIS platforms). We do not claim ownership of this content and display it only as authorized by users and educational institutions. All third-party content remains the property of its respective owners.
10. Service Availability and Modifications
A. Service Availability
We strive to provide reliable, uninterrupted access to the Service but cannot guarantee 100% uptime. The Service may be temporarily unavailable due to:
- Scheduled maintenance (we will provide advance notice when possible)
- Technical difficulties or server outages
- Third-party service disruptions (LMS/SIS integration, AI providers, hosting infrastructure)
- Force majeure events beyond our reasonable control
We are not liable for any loss, damage, or inconvenience caused by service interruptions.
B. Service Modifications
We reserve the right to:
- Modify, suspend, or discontinue any feature or functionality of the Service
- Update our AI algorithms, priority scoring, and classification systems
- Change pricing, subscription plans, or payment terms (with 30 days' notice for paid accounts)
- Impose usage limits, rate limits, or storage quotas
Material changes will be communicated via email, in-app notifications, or updates to this Terms page. Continued use after changes constitutes acceptance.
C. Third-Party Integrations
The Service integrates with third-party platforms (PowerSchool, Schoology, Clever, etc.). These integrations depend on:
- Availability and functionality of third-party APIs and services
- Maintenance of valid authentication credentials
- Compliance with third-party terms of service
We are not responsible for disruptions caused by third-party service changes, outages, or discontinuation. Users must comply with the terms of service of all integrated platforms.
11. Payment Terms and Subscriptions
A. Subscription Plans
The Service may be offered through various subscription models:
- Free/Trial Access: Limited features or time-limited trial periods
- Individual Subscriptions: Direct-to-consumer monthly or annual plans
- Institutional Licenses: Site licenses or per-student pricing for schools/districts
Current pricing is available at our website and may change with 30 days' notice.
B. Payment Processing
- Payments are processed through third-party payment processors (Stripe, PayPal, etc.)
- You authorize us to charge your payment method for all fees incurred
- All fees are non-refundable except as required by law or our refund policy
- Subscription renewals are automatic unless you cancel before the renewal date
- Failed payments may result in service suspension or account termination
C. Cancellation and Refunds
- You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period
- No refunds for partial months or unused subscription time except as required by law
- Institutional agreements are subject to the terms of the service contract
12. Disclaimers and Limitations of Liability
A. 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:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement
- Warranties regarding accuracy, reliability, or completeness of content
- Warranties that the Service will be uninterrupted, secure, or error-free
- Warranties regarding AI analysis accuracy or priority scoring correctness
The Service is an educational support tool and should not replace professional academic advising, tutoring, or educational assessment. AI-generated recommendations are advisory and may contain errors.
B. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAIZEN LABS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- DAMAGES RESULTING FROM:
- Use or inability to use the Service
- Unauthorized access to or alteration of your data
- Third-party conduct or content on the Service
- Errors, mistakes, or inaccuracies in AI-generated content or priority scores
- Service interruptions or data loss
- Reliance on Service recommendations for academic decisions
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
C. Educational Purpose Disclaimer
The Service is designed to support student organization and executive function skills. It is NOT:
- A substitute for professional educational assessment or intervention
- A guarantee of improved academic performance or grades
- Medical or psychological advice or treatment for learning disabilities
- A replacement for parental involvement or teacher guidance
AI-generated priority scores and recommendations are based on algorithmic analysis and may not reflect individual student needs, learning differences, or special circumstances. Parents, students, and educators should exercise independent judgment.
13. Indemnification
You agree to indemnify, defend, and hold harmless Strux Labs LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Service
- Violation of these Terms or applicable laws
- Infringement of any third-party rights (intellectual property, privacy, publicity, etc.)
- Content you submit or actions you take through the Service
- Unauthorized access to your account resulting from your failure to protect credentials
We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.
14. Dispute Resolution and Arbitration
A. Informal Resolution
Before filing a claim, you agree to contact us at legal@thestruxlab.io to attempt to resolve the dispute informally. We will attempt to resolve disputes through good-faith negotiation within 30 days.
B. Binding Arbitration
If informal resolution fails, any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except as follows:
- Arbitration will be conducted by a single arbitrator
- Arbitration will take place in [State/County - To Be Determined by Attorney]
- Each party will bear its own costs and attorneys' fees unless the arbitrator awards fees to the prevailing party
- The arbitrator's decision is final and binding, with limited appeal rights under the Federal Arbitration Act
C. Class Action Waiver
YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY, NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.
D. Exceptions
Either party may seek injunctive relief in court to protect intellectual property rights or prevent unauthorized use of the Service. Small claims court actions are also permitted.
E. Opt-Out
You may opt out of arbitration by sending written notice to legal@thestruxlab.io within 30 days of first accepting these Terms. Opt-out must include your name, email, and clear statement declining arbitration.
15. Governing Law and Jurisdiction
[Section Under Attorney Review - Placeholder Language Below]
These Terms shall be governed by and construed in accordance with the laws of the State of [State - To Be Determined], without regard to its conflict of law provisions. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in [County/State - To Be Determined], and you consent to personal jurisdiction in those courts.
Note: Attorney to determine appropriate jurisdiction based on company incorporation, primary business location, and strategic considerations.
16. Changes to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will:
- Update the "Effective Date" at the top of this page
- Notify you via email (for registered users) and/or in-app notification
- For institutional partners, provide 30 days' advance notice of material changes
Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and may request account deletion.
For material changes affecting student data handling or privacy practices, we will obtain renewed consent from educational institutions or parents as required by law.
17. Termination
A. Termination by You
You may terminate your account at any time by:
- Using the account deletion feature in account settings
- Contacting support at legal@thestruxlab.io
- For institutional accounts, following the termination provisions in your service agreement
B. Termination by Us
We may suspend or terminate your account immediately, with or without notice, if:
- You violate these Terms or our policies
- We suspect fraudulent, abusive, or illegal activity
- Your account has been inactive for more than 12 months
- We discontinue the Service (with 90 days' notice for paid accounts)
- Legal or regulatory requirements mandate termination
- Payment failures persist despite notice
C. Effect of Termination
Upon termination:
- Your right to access and use the Service immediately ceases
- We will process data deletion requests as described in Section 7
- Unpaid fees remain due and payable
- Sections of these Terms that by their nature should survive (indemnification, disclaimers, limitations of liability) will remain in effect
18. Miscellaneous Provisions
A. Entire Agreement
These Terms, together with our Privacy Policy and any institutional service agreements, constitute the entire agreement between you and Strux Labs LLC and supersede all prior agreements and understandings.
B. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.
C. Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.
D. Assignment
You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, with notice to you.
E. Force Majeure
We are not liable for failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government action, internet outages, or third-party service failures.
F. Export Compliance
You may not use or export the Service in violation of U.S. export laws and regulations. You represent that you are not located in a country subject to U.S. embargo and are not on any U.S. government list of prohibited parties.
G. Government Users
If you are a U.S. government entity, the Service is a "commercial item" as defined in 48 C.F.R. §2.101, and is provided with only those rights as are granted to all other users under these Terms.
H. Notices
Notices to you may be sent via email to your registered email address or through in-app notifications. Notices to us should be sent to:
Strux Labs LLC
Legal Department
Email: legal@thestruxlab.io
Notices are deemed received when sent via email or three (3) business days after mailing if sent by postal mail.
19. Contact Information and Support
For questions, concerns, or requests regarding these Terms or the Service:
- General Support: support@thestruxlab.io
- Legal/Privacy Questions: legal@thestruxlab.io
- Data Deletion Requests: legal@thestruxlab.io
- Security Issues: security@thestruxlab.io
- Partnership Inquiries: partnerships@thestruxlab.io
We will respond to all inquiries within 5 business days. For FERPA or COPPA-related requests from parents or educational institutions, we will respond within 2 business days.
20. Acknowledgment and Acceptance
BY CREATING AN ACCOUNT, CLICKING "I ACCEPT," OR USING THE SERVICE, YOU ACKNOWLEDGE THAT:
- You have read and understood these Terms of Service
- You agree to be bound by these Terms and our Privacy Policy
- If you are accepting on behalf of an educational institution or as a parent/guardian, you have the authority to bind that entity or child to these Terms
- You understand that student data will be processed through AI services as described herein
- You consent to electronic communications and notifications
- You have reviewed our Privacy Policy and data handling practices
If you do not agree to these Terms, you must not access or use the Service.
Questions About These Terms?
If you have any questions about these Terms of Service, please contact us at:
Strux Labs LLC
Email: legal@thestruxlab.io