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Terms of Service

Welcome to TA39’s website, mobile application, and related products and services (collectively, the “Services”) provided by Theta Servv, Inc., a company registered in Delaware.

Last Updated: 9/20/24

Acceptance of These Terms of Service

Theta Servv Inc. (“Theta Servv,” “we,” “us,” or “our”) provides our services (described below) to you through our website located at www.ta-39.com (the “Site”) and through our related technologies (collectively, such services, including any new features and applications, and the Site, the “Service”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THETA SERVV ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy

At Theta Servv, we respect the privacy of our users. For more information, please see our Privacy Policy, located at www.ta-39.com/privacy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms

In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

Service Description and Access

This section describes the TA39 service, how to access it, and the different types of users and partnerships we support.

Service Description

TA39 is an AI-powered “Teacher’s Assistant” designed for ELA and Social Science teachers in U.S. middle and high schools. The Service automates grading for writing submissions and provides personalized feedback to students, leveraging advanced GPT technology to streamline the grading process and offer detailed, personalized insights. TA39 aims to reduce teachers’ workload while enhancing student learning experiences.

Your Registration Obligations

You may be required to register with Theta Servv in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

Account Security

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to: 

  1. Immediately notify Theta Servv of any unauthorized use of your password or account or any other breach of security. 

  2. Ensure that you exit from your account at the end of each session when accessing the Service. 

  3. Accept responsibility for all activities that occur under your account. If you are using the Service on behalf of an institution, you represent and warrant that you have the authority to bind that institution to these Terms.

Theta Servv will not be liable for any loss or damage arising from your failure to comply with this section.

School Partnerships

Theta Servv may enter into partnerships with schools or school districts that have legal authorization to share teacher and student data. Such partnerships require written permissions and guarantees from an authorized agent of the Local Education Agency. Teachers are authorized to use the Services with students on behalf of the school or school district. Theta Servv complies with applicable education privacy laws, including the Family Educational Rights and Privacy Act (FERPA). For detailed information on our data practices and compliance measures, please refer to our Privacy Policy.

Individual Teachers

TA39 may be used by individual teachers on behalf of students or providing students with access to the Services. Minor students are only authorized to use the Services to the extent authorized by the teacher, to the extent permitted by applicable law, or to the extent permitted by a parent or legal guardian. The teacher is responsible for obtaining consent from parents or legal guardians of students and ensuring compliance with the Acceptable Use policy outlined in section below. Theta Servv complies with the Children’s Online Privacy Protection Act (COPPA) and other applicable privacy laws. Teachers are responsible for obtaining necessary parental consents for student use of the Service, as required by COPPA and other applicable laws. Theta Servv reserves the right to provide access to a student’s account to the student’s parents or legal guardian upon such authorized adult’s request. For more information on our privacy practices and how we protect student data, please refer to our Privacy Policy.

Terms of Use and User Obligations

This section outlines the specific terms governing your use of TA39 and your obligations as a user of the Service.

License Grant
Subject to these Terms, Theta Servv grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for its intended purpose.

Service Models
The Service is offered through (a) Individual Teacher Accounts, which may include free and premium tiers, and (b) Institutional Licensing for schools and districts. Specific features and limitations of each model are described on our website or in separate agreements.

Acceptable Use
You agree not to:

  1. Use the Service in any manner that violates any applicable law or regulation.
  2. Transmit any unsolicited advertising or promotional material.
  3. Impersonate or attempt to impersonate Theta Servv, its employees, other users, or any other person or entity.
  4. Interfere with or disrupt the integrity or performance of the Service.
  5. Attempt to gain unauthorized access to the Service or its related systems.
  6. Upload or distribute content that:
    1. Poses or creates a privacy or security risk to any person;
    2. Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
    3. Infringes intellectual property or other proprietary rights of any party;
    4. Contains software viruses or any other computer code designed to interfere with the Service;
    5. Constitutes unsolicited or unauthorized advertising or promotional materials.
  8. Use the Service for any illegal purpose or to promote illegal activities.
  9. Attempt to circumvent any content-filtering techniques we employ.
  10. Collect or harvest any personally identifiable information from the Service.

Theta Servv reserves the right to investigate and take appropriate legal action against anyone who violates these provisions, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

AI Technology
The Service utilizes artificial intelligence technology. You acknowledge and agree that:

  1. AI-generated content may contain inaccuracies.
  2. Theta Servv does not guarantee the accuracy of AI-generated content.
  3. Users should exercise professional judgment when utilizing AI-generated content.

Intellectual Property Rights

  1. The Service and its original content, features, and functionality are owned by Theta Servv and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
  2. By submitting content to the Service, you grant Theta Servv a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute the content solely for the purpose of providing and improving the Service.

Teacher-Created Content
By default, content created by teachers using the Service is private. If you, as a teacher, choose to publicly share your content within the Service, you grant Theta Servv a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute such content solely for the purpose of providing and improving the Service. You retain ownership of all rights, including intellectual property rights, in the content you create. You are solely responsible for the accuracy, quality, and legality of your content.

Copyright Infringement and DMCA Procedures
Theta Servv respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Your contact information, including your address, telephone number, and an email address;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent for notice of alleged copyright infringement can be reached at:
Email: legal@ta-39.com

Third-Party Services
The Service may integrate with or provide links to third-party services, websites, or content that are not owned or controlled by Theta Servv. We do not endorse or assume any responsibility for any such third-party services, websites, or content. If you access any third-party service, website, or content from the Service, you do so at your own risk and agree that Theta Servv will have no liability arising from your use of or access to any third-party service, website, or content.

Privacy and Data Protection
Theta Servv will handle all personal data collected through the Service in accordance with our Privacy Policy, which is incorporated by reference into these Terms.

Modifications to the Service
Theta Servv reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Theta Servv shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Fees and Payment
Certain features of the Service may be subject to fees. All fees are as stated at the time of purchase or in your service agreement with us. Theta Servv reserves the right to change its prices at any time, and to charge for previously free features. We will provide you with reasonable notice of any such pricing changes by posting the new prices on the applicable Service and/or by sending you an email notification.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THETA SERVV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THETA SERVV MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THETA SERVV WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THETA SERVV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THETA SERVV’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THETA SERVV IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.

Dispute Resolution

Agreement to Arbitrate

You and Theta Servv agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Theta Servv are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Informal Dispute Resolution Process 

Before initiating any arbitration or legal proceeding, you agree to first contact Theta Servv and attempt to resolve any Dispute informally. To start this process, please send a detailed email to legal@ta-39.com with a description of your concern and your proposed resolution. Theta Servv will review your email and respond within 30 days with a proposed resolution. If we cannot resolve the Dispute through this informal process, either party may then proceed to formal dispute resolution as outlined below.

Arbitration Procedures 

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes then in effect. The arbitration will be conducted in San Diego, California, unless you and Theta Servv agree otherwise. If you are an individual using the Service for non-commercial purposes and cannot reasonably attend arbitration in San Diego, you may request that the arbitration be conducted via video conference or at a location more convenient for you, subject to Theta Servv’s agreement.

If you are using the Service for commercial purposes, each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes:

  1. AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA;
  2. the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and
  3. you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process described in Section above.

Class Action Waiver

YOU AND THETA SERVV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Termination

Theta Servv may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

General Indemnification
You agree to defend, indemnify, and hold harmless Theta Servv and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. your use of and access to the Service, including any data or content transmitted or received by you;
  2. your violation of any term of these Terms of Service, including without limitation your breach of any of the representations and warranties above;
  3. your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;
  4. your violation of any applicable law, rule, or regulation;
  5. any content that is submitted via your account, including without limitation misleading, false, or inaccurate information;
  6. your willful misconduct; or
  7. any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

Indemnification for Individual
Teachers If you are an individual teacher using the Service solely for non-commercial, educational purposes, your obligation to indemnify Theta Servv is limited to claims or liabilities arising out of:

  1. your violation of any applicable law, rule, or regulation;
  2. your willful misconduct; or
  3. any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

Theta Servv acknowledges that individual teachers using the Service in good faith and in accordance with these Terms will not be held responsible for unforeseen technical issues or for the actions of students or others that are beyond the teacher’s reasonable control.

General

Governing Law

These Terms of Service shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by Theta Servv in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.

Entire Agreement

These Terms of Service are the entire and exclusive agreement between Theta Servv and you regarding the Service, and these Terms of Service supersede and replace any prior agreements between Theta Servv and you regarding the Service.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Theta Servv’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Theta Servv may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notifications

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (i) by Theta Servv via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights

Theta Servv’s failure to enforce any right or provision of these Terms of Service will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Theta Servv. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise.

Contact Information

If you have any questions about our Terms of Service or Privacy Policy, please contact:
Email: legal@ta-39.com

Changes to Terms of Service

Theta Servv reserves the right, in its sole discretion, to change the Terms of Service (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Service from that point forward. These Terms of Service will govern any disputes arising before the effective date of the Updated Terms.

October 18, 2024 4:06 am