Effective Date: April 2, 2024

Introduction and Acceptance of Terms

Welcome to llamaedu. We provide educators and school staff with state-of-the-art generative artificial intelligence resources through our website, all designed to optimize efficiency and promote educational excellence. By engaging with our generative AI tools and additional features, you accept and agree to be governed by these Terms of Service (ToS). Should you disagree with any part of these terms, please refrain from using our services.

Your Access and Use of llamaedu Services

To utilize llamaedu Services, individuals must be at least 18 years of age and provide a first name, last name, and email address for account creation. Secure account verification is executed via email. For full service access, including paid features, additional payment information is required. You are tasked with safeguarding the confidentiality of your account and email credentials to protect your privacy and maintain the integrity of our services.

Accounts are personal and non-transferrable. llamaedu offers you a limited, non-exclusive right to access our services, which are tailored to enhance educational efforts. This privilege is subject to review and may be terminated by either party.

Subscriptions can be canceled directly through account settings, and requests for account deletion should be directed to [email protected]. Our Privacy Policy, available on our website, details our data protection practices and commitment to securing your personal information. By engaging with llamaedu, you acknowledge these terms, ensuring a responsible and secure use of our educational platform.

Changes to the Terms of Service

We reserve the right to modify these terms at any time. You will be notified of any changes via email and updates will be posted on our site. By continuing to use the service after changes are made, you agree to be bound by the revised terms.

Data Privacy and Security

User data is collected, used, and stored in compliance with GDPR, CCPA, FERPA, and COPPA. Users can access, update, or delete their data through their user profile. More details are available in our Privacy Policy.

At llamaedu, we prioritize the privacy and security of your data. Our practices, including the collection, use, and protection of personal information, are detailed in our Privacy Policy, accessible through our website.

We do not collect or process personally identifiable information from students or their guardians without a Student Data Privacy Addendum in place, ensuring compliance with data protection laws like FERPA and COPPA.

For comprehensive details on our data protection measures and your rights, please refer to our Privacy Policy. Should you have concerns regarding personal information under our control, or if an unauthorized collection is suspected, contact us at [email protected].

Responsibilities in Using AI-generated Content

As a user of llamaedu, it is your responsibility to protect the integrity of your account, including securing your password and preventing any unauthorized or misuse of your account. Our AI tools are designed to complement, not replace, your expertise as an educator. You are expected to use AI-generated content as an initial base, further refining it with your professional insight and judgment. It's important to critically assess this content for potential bias or inaccuracies, acknowledging the inherent limitations of AI, including its possible outdated knowledge on recent events. Privacy must be a paramount concern, personal data, such as student names, should only be used when covered by a valid Student Data Privacy Agreement, and sharing sensitive information on the platform should be avoided. Refer to our Privacy Policy for detailed guidance on data security. llamaedu may monitor the use of its AI tools to ensure these guidelines are followed, with violations potentially leading to account suspension or termination, underscoring our commitment to maintaining a secure and compliant environment. llamaedu is not liable for user conduct on the platform. We do not guarantee the accuracy of content generated by or accessed through our services. Users are advised to use their judgment regarding the content's reliability.

Prohibited Conduct within the Services Clause

By using the Services, users are strictly prohibited from engaging in activities that infringe upon or violate the intellectual property rights, data privacy rights, or any other statutory rights of any individual or entity. Furthermore, users must not contravene any applicable laws, regulatory mandates, or organizational policies. Conduct that is harmful, fraudulent, deceitful, menacing, defamatory, obscene, or in any manner objectionable is expressly forbidden. The Services must not be used in a manner inconsistent with the professional responsibilities of an Educator, including prohibitions against leveraging the Services for commercial product development or service offerings. Users are also prohibited from compromising the integrity and security of any account or the Services at large, including facilitating unauthorized account access. Illicit solicitation or attempts to discover password, account details, or other security protocols of another user are strictly prohibited. Engaging in the decompilation, reverse engineering, or any attempt to derive the source code or underlying concepts of the Services, except as expressly authorized by law, is forbidden. Additionally, users must not endanger the security of any computer network or engage in activities aimed at decrypting security encryptions or passwords. Initiating or perpetuating processes that are not actively managed by the user or that adversely affect the functionality of the Services through undue strain on infrastructure or the introduction of malicious software is also prohibited. Any breach of these provisions constitutes grounds for immediate termination of the user’s access and use rights to the Services, with potential legal consequences for the offending party. This clause ensures the Services remain secure and are used in a manner that respects the rights and safety of all users and the integrity of the Services.

Content Usage Rights

When sharing or distributing content on our platform—whether through shareable links, classes, comments on our blog, or any other means—it's essential that the content is for personal, non-commercial use only. You must ensure that you have the legal right to use and share this content, respecting all intellectual property rights. This means that your resources should only contain material for which you own the rights (including copyright, trademark, and other rights) or have explicit authorization to use for personal, non-commercial purposes.

Content generated by llamaedu's artificial intelligence tools does not qualify for copyright protection, as it is produced through automated processes and is deemed non-copyrightable under current intellectual property laws. Conversely, by contributing content to the platform, users grant llamaedu a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, modify, distribute, and display such User-Generated Content. This license is utilized strictly to enhance, promote, and develop our services, alongside creating new ones. Users confirm they hold necessary rights to grant this license for any submitted content, ensuring a collaborative effort towards the continual improvement and expansion of llamaedu’s services, while acknowledging the distinct nature of AI-generated material in the realm of copyright law.

Account Termination

Users have the right to terminate their account at any time. If you wish to discontinue your use of our Services and delete your account, please submit a termination request via email to [email protected]. Upon receiving your request, we will process the deletion of your account and all associated data in accordance with our data retention policies and applicable legal requirements. Clauses within these Terms designed to remain effective after termination will persist following the cessation of the Services. Please be aware that once your account is deleted, you will lose access to any content, data, or features associated with your account, and this action is irreversible.

Refund Policy

llamaedu is committed to providing high-quality educational services. If, for any reason, you are not satisfied with our services, we offer a structured refund policy as follows:

Eligibility for Refund

Refunds are available for users who have purchased any of our paid services and find them not to meet their educational needs or expectations. To be eligible for a refund, users must request a refund within 30 days from the date of purchase.

Process for Requesting a Refund

To initiate a refund request, users must contact llamaedu customer support at [email protected] with the subject line "Refund Request." The request must include the user's name, the transaction date, the amount paid, and a brief explanation of the reason for the refund request.

Review and Processing

Upon receipt of a refund request, llamaedu will review the submission to ensure it meets our refund criteria. Refund requests will be processed within a reasonable timeframe, typically within 7-10 business days. Approved refunds will be credited back to the original method of payment.

Limitations

Refunds are limited to the purchase price paid for the service. Llamaedu reserves the right to deny refund requests in cases of suspected abuse of our refund policy, including but not limited to multiple refund requests from the same user or excessive use of the service prior to the refund request.

Finality

Decisions by llamaedu regarding refund requests are final. By purchasing services from llamaedu, users agree to this refund policy and acknowledge it as part of the Terms of Service.

Third-Party Sites Disclaimer

llamaedu is not liable for the content, practices, or actions of third-party sites that may be linked through the llamaedu platform. These links are provided for convenience only, and a link does not imply endorsement or responsibility for the associated third-party content, websites, or services.

Warranty Disclaimer and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LLAMAEDU, ALONG WITH ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LLAMAEDU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT GENERATED BY, CONTAINED IN, OR ACCESSED THROUGH THE SERVICES. DUE TO THE INHERENT NATURE OF GENERATIVE ARTIFICIAL INTELLIGENCE, THE SERVICES ARE PROVIDED "AS IS'' AND "AS AVAILABLE," AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE AND THE RESULTS AND PERFORMANCE OF THE SERVICES.

IN NO EVENT SHALL LLAMAEDU, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF LLAMAEDU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LLAMAEDU'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LLAMAEDU FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Indemnification Clause

You agree to indemnify, defend, and hold harmless llamaedu, its affiliates, officers, directors, employees, agents, licensors, 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 of Service or your use of the llamaedu platform, including, but not limited to, your User Content, any use of the llamaedu platform's content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the llamaedu platform.

This indemnification obligation will include, without limitation, any claims relating to the infringement of intellectual property rights, data privacy breaches, unauthorized access to, or use of, the llamaedu platform data, and any other actions connected to your use of the llamaedu platform. You shall cooperate as fully as required by llamaedu in the defense of any claim. llamaedu reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of llamaedu. This indemnification clause shall survive the termination or expiration of these Terms of Service and your use of the llamaedu platform.

State Law Supersession Clause

It is acknowledged that certain provisions within these Terms of Service may be limited or superseded by applicable state law. In instances where state law conflicts with any part of these Terms, the relevant state law shall prevail to the extent of the conflict. This acknowledgment does not waive any compliance required by federal law or diminish the enforceability of the remaining provisions not affected by such state law. Users are advised to be aware of and comply with all applicable laws governing their use of the llamaedu platform.

Governing Law and Jurisdiction Clause

THESE TERMS OF SERVICE AND ANY SEPARATE AGREEMENTS WHEREBY WE PROVIDE YOU SERVICES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA, UNITED STATES OF AMERICA, WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF ARIZONA OR ANY OTHER JURISDICTION).

ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF, OR RELATED TO, THESE TERMS OF SERVICE OR THE SERVICES PROVIDED HEREUNDER SHALL BE INSTITUTED EXCLUSIVELY IN THE FEDERAL COURTS OF THE UNITED STATES OR THE COURTS OF THE STATE OF ARIZONA, IN EACH CASE LOCATED IN THE CITY OF PHOENIX AND COUNTY OF MARICOPA, ALTHOUGH WE RETAIN THE RIGHT TO BRING ANY SUIT, ACTION, OR PROCEEDING AGAINST YOU FOR BREACH OF THESE TERMS OF SERVICE IN YOUR COUNTRY OF RESIDENCE OR ANY OTHER RELEVANT COUNTRY. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.

THIS GOVERNING LAW AND JURISDICTION CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE.

Contact Us

To contact us by email use [email protected], or by mail 3409 North 7th Ave # 708 Phoenix, AZ 85013.

Effective Date: April 2, 2024

Welcome to llamaedu, your trusted web-based platform dedicated to empowering educators, administrators, and school faculty through generative AI tools. Our commitment to data privacy, security, and compliance is paramount. This Privacy Policy outlines our comprehensive approach to data handling, ensuring your informed consent and confidence in our services.

1. Introduction

This Privacy Policy is designed to align with international data standards, encompassing the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the California Consumer Privacy Act ("CCPA"), the Children's Online Privacy Protection Act ("COPPA"), and the Family Educational Rights and Privacy Act ("FERPA"). It outlines the principles and practices llamaedu follows in collecting, using, disclosing, and safeguarding your Personally Identifiable Information (PII), ensuring compliance across jurisdictions. By accessing our services, you consent to the practices described in this document, acknowledging our commitment to protecting your privacy and data rights.

2. Data Collection

2.1 Information Collected via Technological Means

Our technology infrastructure captures and stores technical data to enhance service functionality and security. This includes browser types, operating systems, IP addresses (which may indicate your general location), and visit timestamps. Our commitment to transparency ensures this data collection is solely for service improvement and troubleshooting.

2.2 Cookies, Web Beacons, and Tracking Technologies

llamaedu employs various technologies for service optimization:

• Performance Cookies: Enable us to analyze service performance and user engagement to drive improvements.
• Functional Cookies: Support enhanced service functionality, like personal settings and preferences.
• Strictly Necessary Cookies: Essential for basic website operations and cannot be disabled without impacting service use.

Users can opt-out of non-essential cookies on our site or manage cookie preferences through their browser settings.

2.3 Information Provided by You

Registration and certain interactions require you to share specific personal details, such as name, email address, role, organization, and where applicable, payment information. This collection is transparent and consensual, underpinning service provision and user experience customization.

3. Use of Your Data

Your data supports various operational, administrative, and enhancement activities within llamaedu. This includes account management, service delivery, personalization, security updates, and legal compliance. We use aggregate and anonymized data to guide service improvements and strategic development.

4. Information Sharing and Disclosure

4.1 Service Providers and Law Enforcement

We engage with reputable third-party service providers under strict confidentiality agreements for service-related tasks, such as payment processing. Law enforcement requests for your PII are rigorously assessed and complied with, only when mandated by law.

4.2 Business Transfers

In the event of a business restructuring, merger, or acquisition, we ensure the confidentiality of your PII is maintained throughout the transaction and subsequent integration processes.

4.3 Consent

We prioritize your privacy and autonomy, ensuring PII is shared or disclosed only with your explicit consent, except as legally required.

5. Protecting Students

At llamaedu we rigorously adhere to the Family Educational Rights and Privacy Act (FERPA) and the Children's Online Privacy Protection Act (COPPA) to ensure the privacy and security of student education records and the online safety of children under 13. By implementing stringent data handling and consent practices, and collaborating closely with educational institutions, we're dedicated to not just meeting but exceeding regulatory standards. Our approach ensures that student information is protected and utilized in a manner that supports and promotes academic development.

6. Your Rights and Choices

You retain control over your personal information, with rights to access, correct, or request the deletion of your data. We provide clear mechanisms for these actions, ensuring compliance with GDPR, CCPA, and other applicable regulations. Under GDPR, EU residents enjoy rights to data access, rectification, erasure, and portability. The CCPA grants California residents the right to know about the personal information collected and to request its deletion. llamaedu implements robust measures to honor these rights for all users. See sections 12 and 13 for further detail.

7. Cross-Border Data Transfers

Data transfers across borders comply with GDPR requirements, utilizing mechanisms like the EU-US Privacy Shield and Standard Contractual Clauses, ensuring the protection of your information regardless of geographical location.

8. Security Measures

llamaedu adopts industry-standard security measures, including AES-256 encryption for data at rest and TLS encryption for data in transit, to protect against unauthorized access, alteration, and misuse of your information.

9. Incident Response Plan

Our comprehensive incident response plan outlines procedures for promptly addressing and mitigating any data breach or security incident, ensuring transparency and accountability. See section 14 for further detail.

10. Changes to Our Privacy Policy

We reserve the right to update this Privacy Policy to reflect changes in our practices or legal requirements. Notice of amendments will be posted on our platform and, when appropriate, communicated directly to you.

11. Contact Us

For inquiries or concerns regarding this Privacy Policy or your personal information, please contact us through the "contact us" page on our platform or at [email protected] with the subject "Security".

12. Supplemental GDPR Privacy Statement

For individuals in the European Economic Area (EEA), this statement outlines how llamaedu complies with the General Data Protection Regulation (EU) 2016/679 ("GDPR"). It covers our approach to managing your personal data responsibly and transparently.

12.1 Data Control

Data Controller: llamaedu, located at 3409 North 7th Ave # 708 Phoenix, AZ 85013, is responsible for the secure and lawful handling of your personal data. We base our processing activities on:

• Fulfilling contractual obligations to deliver services (Article 6(1)(b) GDPR).
• Your consent for specific uses like non-essential cookies and marketing (Article 6(1)(a) GDPR).
• Legitimate interests, such as complying with laws outside the EU and improving our services (Article 6(1)(f) GDPR).

12.2 Data Retention

Data Retention: Your data is kept no longer than necessary for service provision and legal compliance.

12.3 Your Rights

Under the GDPR, you have rights to access, correct, delete, or limit the processing of your data, and to portability. Consent can be withdrawn at any time without affecting past processing. For any requests or complaints, please contact us via email at [email protected] or by mail.

12.4 Service Use Without Providing Data

You can choose not to provide personal data, which may affect service functionality. Declining non-essential cookies doesn't impact service access.

12.5 Automated Decision-Making and Sensitive Data

llamaedu does not use automated decision-making or profiling with significant effects on you. We only collect sensitive data, like payment information, when explicitly provided, ensuring secure processing by third-party payment processors.

13. Supplemental CCPA Privacy Statement

For residents of California, this section of our Privacy Policy addresses the rights and protections afforded to you under the California Consumer Privacy Act (CCPA). llamaedu is committed to upholding the principles and obligations outlined in the CCPA, ensuring the respectful and lawful handling of your personal information.

13.1 Overview and Scope

The CCPA provides California residents with specific rights regarding their personal information. This legislation enables you to be more informed about and have greater control over your personal data, consistent with the privacy values and practices of llamaedu.

13.2 Rights Under the CCPA

• Right to Know: You have the right to request information about the categories of personal information llamaedu collects, uses, discloses, and sells (CCPA Section 1798.110).
• Right to Delete: You can request the deletion of your personal information held by us (CCPA Section 1798.105).
• Right to Opt-Out: California residents have the right to opt-out of the sale of their personal information (CCPA Section 1798.120). llamaedu does not sell personal information.
• Right to Non-Discrimination: Exercising your CCPA rights will not result in discriminatory treatment by llamaedu (CCPA Section 1798.125).

13.3 Requests to Exercise Your Rights

To make a request under the CCPA, please contact us through the provided channels. We are required to verify your identity before fulfilling your request, ensuring the security and privacy of your information.

13.4 Minors and the CCPA

llamaedu does not knowingly collect personal information from minors under 16 years of age without affirmative authorization (CCPA Section 1798.120(c)). Contact for More Information: For questions or concerns about our privacy practices and CCPA compliance, please contact us at [email protected]. We are dedicated to providing clarity and transparency about your rights and our responsibilities under the CCPA.

14. Supplemental Incident Response Plan Overview

llamaedu employs a streamlined incident response strategy for swift and effective handling of data breaches and security incidents. Our approach encompasses:

• Quick Detection: The IT Security Team immediately logs any security incidents detected.
• Rapid Assessment: The scope and impact are assessed, pinpointing the data and individuals involved.
• Effective Containment: We promptly implement measures to stop further data loss, possibly including system isolation or revoking access.
• Timely Notification: Relevant stakeholders, affected individuals, and regulatory bodies are informed as per legal requirements, coordinated by our leadership.
• In-depth Investigation: We conduct a comprehensive investigation into the cause, sometimes with external forensic help.
• Thorough Remediation: Action is taken to fix vulnerabilities and update policies, aiming to prevent future incidents.
• Comprehensive Documentation and Communication: We keep detailed records of the incident and communicate openly with all parties involved.
• Reflective Post-Incident Review: Senior management leads a review to evaluate the response and update procedures as necessary.

Contact Us: To contact us by email use [email protected], or by mail 3409 North 7th Ave # 708 Phoenix, AZ 85013.